Extra-judicial killings and human rights law: Bangladesh perspective

Abstract

Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

Bangladesh and Awami League

“…Firstly, the government must ensure the independence of the judiciary system and allow it to function without any interference. As MS Hossain notes, "the judiciary must be independent of the executive branch, and the government must provide it with adequate resources to ensure its effective functioning" (Hossain 2017). This would help to ensure that the rule of law is upheld and that extrajudicial activities are prevented.…”

Indian Armed Intervention in East Pakistan and Creation of Bangladesh: A Critical Analysis under International Law

“…Then, the presence of the mitigating factors like the migration of refugees to India by crossing the international border of India and Bangladesh, an armed insurgency of local ethnic Bengalis against Pakistan, imposing of martial law by Pakistan in erstwhile East Pakistan and launching of search operations against the antistate elements (Hossain, 2017) and targeting of members of Bengali resistance forces including Mukti Bahini with huge collateral damage does not also give any justification and warrant to the neighboring state of Pakistan like India to take a unilateral humanitarian intervention under the provisions of the International law. (Beachler D. , 2007) The nature, scope, and limits of the "Principle of Humanitarian Intervention" under the UN Charter and with relevant decisions of the International Court of Justice are very necessary to understand to decide about the humanitarian intervention as unless and until there is no well-founded and justified fear of massive humanitarian crises, the resolution to permit collective humanitarian intervention cannot be presented and approved by the UNSC.…”

NGOs' approach to human rights and the challenges in Bangladesh

“…The NHRC is supposed to play an effective role in protecting human rights as its mandate is “investigating the complaints and cases of human rights violations independently to determine the validity of the claims and give recommendations to ensure justice for the victims through appropriate remedies.” However, Uddin (2017, p. 210) argues that “its scope of functions was also enlarged and power increased. But experience shows that notwithstanding the existence and operation of an NHRC, the scale of human rights violation has increased manifold over the years.” The sources of these violations are numerous and varied, but violations by law enforcement agencies (LEAs) have reached an alarming level over the years (Hossain, 2017). In addition, the overall function of the NHRC in Bangladesh is controversial (Aminuzzaman & Khair, 2014; Uddin, 2017).…”

“…But experience shows that notwithstanding the existence and operation of an NHRC, the scale of human rights violation has increased manifold over the years." The sources of these violations are numerous and varied, but violations by law enforcement agencies (LEAs) have reached an alarming level over the years (Hossain, 2017). In addition, the overall function of the NHRC in Bangladesh is controversial (Aminuzzaman & Khair, 2014;Uddin, 2017).…”