Shakhawat Hossain
Bangladesh joined the world in observing the Human Rights Day on December 10 with continued incidents of enforced disappearance, extrajudicial killing, torture and unlawful detention in the country. Rights activists said on Saturday that such abuses of rights were going unabated with impunity as the government continued to ignore or bypass the situation. They said that the government should launch ‘credible investigation’ into each of the complaints lodged or raised by the victim or their families.
December 10, 2017 marked the 70th anniversary of the adoption of the UN Universal Declaration of Human Rights (UDHR). The year 2017 also marks the 50th anniversary of two major documents on human rights: the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR), which were produced by the UN Human Rights Commission.
Now the nagging questions is, even after 70 years of UDHR and 50 years of ICESCR and ICCPR, what is the human rights situation in Bangladesh in 2017?
In the last few years, this sense of fear and insecurity has intensified leading to a culture of self-censorship. It’s like a double-edged sword; on one side, there are threats of attacks from the extremists and powerful sections of the society, and on another, there is the fear of offending the state and its agencies. The use of Section 57 of the ICT Act has been considered a disenabling factor to the human rights activists, journalists and free-thinkers in expressing their opinion. This trend is shrinking the space for creativity, open discussion, debate and thus development of an independent, secular and democratic nation.
The Ain o Salish Kendra (ASK) found that in 13 years since 2004, more than 1,900 people have become victims of extrajudicial killings involving police, RAB and joint forces.
Despite concerns expressed repeatedly by national and international human rights organisations, the alarming trend of enforced disappearance also continues in 2017. According to an estimate by ASK, 54 persons were allegedly victims of enforced disappearance since January 2017, and some 366 persons between 2013 and 2017. This number itself is mind-boggling and justifies the general sense of fear among the people. Utpal Das, a journalist of an online news portal, remains missing since October 10, 2017. On November 7, Dr Mubashar Hasan, an assistant professor of a private university, disappeared. Their whereabouts could not be traced till date.
The government and law enforcement agencies have consistently denied any involvement in the disappearance cases. Although a few victims were later produced in court by the security forces, or surfaced alive, most of them remain unaccounted for. Sometimes the dead bodies of the victims have been found with visible wounds. The victims who came back barely talk to the media and disclose any information regarding their detention. In many cases, the police have refused to accept general diaries if the complaint contains an allegation that a law enforcement agency was involved. In rare cases where the families were finally able to file complaints, there has been little or no progress in investigation.
Attacks on the religious minorities and indigenous people also continued this year. In Thakurpara, Rangpur, religious extremists burned down at least 30 Hindu houses because a Hindu had allegedly posted objectionable content related to Islam on Facebook. The role of local law enforcement agencies was questionable, as they failed to play a proactive role and take preventive measures although a group of people were inciting the locals to violence for days. There were all signs of an impending attack.
Extra-judicial killing still continues
According to ASK’s latest report, extra-judicial killing in the hands of law enforcers is still continuing across the country. At least 151 people have been killed in first eleven months of the year 2017 in the name of ‘crossfire’ and ‘encounter’ by the law enforcing agencies, says Ain O Salish Kendra (ASK). Of the total 151 people, 91 have been killed under crossfire before arrest while 26 in custody. Legal experts said that any kind of extra-judicial killing is unconstitutional. And our Constitution has given rights of life to everyone.
List of missing people getting longer
According to rights organisation Ain o Salish Kendra (ASK), the number of disappearance victims last year was at least 91. It was 55 in 1915, 88 in 2014 and 68 in 2013. Early this year, a report, published on the United Nations Human Rights Commission website, said: “Law enforcement agencies of Bangladesh must be investigated for the disappearances, kidnappings and extrajudicial killings. The people who are victims of the incidents should be given adequate assistance by the Bangladesh government. The government should investigate disappearances and abductions and inform relatives of the victims of the progress of the investigation. In the last three months, a total of nine prominent individuals went missing from various parts of the country, but the government has been unable to find trace of any of them. The scenario is the same in the case of Mubashar, as the police are yet to find any clue three days into the teacher’s going missing.
Families of victims of enforced disappearances have urged the Prime Minister to ensure justice. They made the appeal during a conference in August this year, titled “Pain of relatives: Stop disappearance, murder and torture”, organised by the Fundamental Rights Protection Committee at the National Press Club in Dhaka. At the conference, about 20 victims’ families expressed their feelings.
Home Minister Asaduzzaman Khan said about the disappearance of the NSU teacher that many people go missing willingly. “Many people are going missing or are hiding to embarrass us. It is difficult for detectives to find out those hiding willingly. However, hopefully we’ll trace them,” said the minister. Earlier this year in a briefing Kazi Riazul Haque, National Human Rights Commission Chairman said, “Abduction or disappearance is extreme violation of human rights...”
Farhad Mazhar was forced to say he left home ‘willingly’
Writer Farhad Mazhar on Saturday last claimed again that plainclothes policemen had picked him up several months back with an aim to deport him from the country. “… I don’t have any idea who was behind my kidnapping. But I can recall that my abductors were in plain clothes (not in uniform). I don’t know who they were or in which group or agency they belonged to,” he said at a press conference at his residence at Shyamoli in the capital. Farhad Mazhar, also a social activist, came up with the remarks at the press conference organised over five months after his abduction that drew widespread controversy across the country. Columnist Farhad Mazhar has denied the police claim that he was not abducted, saying he was under duress to admit that he left home ‘willingly’. Mazhar said the statement he submitted to court under Section 164 of the CrPC was ‘actually written by the police’. Statements given under the CrPC section allows the prosecution to use the confession as evidence in the trial. “It’s a heinous attempt to shut my mouth,” he said.
Missing, Abduction: Police ‘inactive’ for tracing victims
Law enforcement agencies have taken no effective initiative to trace victims of disappearance or abduction, which has thrown their families into grave anxiety. No effective initiative was visible from law enforcement agencies to find the victims, the families of some victims alleged. “Police inaction in rescuing the missing people has made us worried,” a victim’s relative said. In the recent past, a number of people, including a former diplomat, a university teacher, a journalist and businessmen, fell victim to forced disappearance and abduction in the capital. Human rights groups said at least 14 persons have become victims of enforced disappearance and abduction in the city in the last several months. Inspector General of Police AKM Shahidul Huq told reporters said law enforcers are working to find out the missing persons, including Utpal Das and Dr Mohashwer. Ain O Salish Kendra (ASK) says as many as 519 people have fallen prey to forced disappearances between 2010 and July 2017 in the country. Some 329 are still missing. Many family members of such victims pointed fingers at law enforcement agencies for their failure to trace them. Many of the missing people returned to their families while some victims were found dead. Many were shown arrested in different cases. Shahriar Kabir, son of missing BNP leader Humayun Parvez, says, “If anyone’s father dies, they can go to the grave for prayer. But I don’t know whether my father is dead or alive.” “There has been no progress in the case filed about four years ago in connection with my father’s disappearance,” said Saiful Islam.
NHRC chairman concerned over HR violations
National Human Rights Commission (NHRC) Chairman Kazi Reazul Hoque has expressed deep concern over the incidents of enforced disappearance, rape, killing and violation of human rights across the country. “The incidents of disappearance, custodial death and rape still exist in the country. Especially, the enforced disappearance has created a great concern for us,” he said. He called upon the law enforcers and other authorities concerned to concentrate on particular areas and take necessary steps to address the situation. Reazul was addressing an international conference titled “Promoting Equity, Justice and Human Dignity” marking the Human Rights Day 2017. He chaired the inaugural session of the two-day programme held at Bangabandhu International Conference Centre on Sunday. “There are many human rights organisations. But we should work in a constructive way,” he added.
Who cares NHRC?
The National Human Rights Commission (NHRC) has sent letters to the Ministry of Home Affairs seeking the probe reports on 154 specific cases of human rights violations. The commission has been still waiting for the probe reports as the ministry is not responding as yet.
According to the National Human Rights Commission (NHRC) document, the commission is waiting for the probe reports on 154 incidents, which include 32 cases of custodial torture or death, 25 enforced disappearances and 12 extrajudicial killings as well as a number of incidents of harassment of civilians by law enforcers.
Reports of enforced disappearances are continually on the rise and the state continues to adopt a nonchalant stand in its response to the multiple inquiries sent by the NHRC. Of the 154 letters dispatched asking for probe reports, four were sent in 2012, 10 in 2013, 51 in 2014, 73 in 2015 and 16 in 2016.
Now, the Commission has become very busy with meetings and seminars and conferences rather than investigating human rights violations. In the last one year, the NHRC so far investigated into only four incidents even though there were numerous incidents of disappearances and kidnappings occurred over the years.
While talking to a renowned daily recently, National Human Rights Commission Chairman Kazi Riazul Haque said, ‘As most of our complaints come against the police and when we send these allegations to the Home Ministry, those complaints do not get much response from them, which has disappointed us.”
According to Section 18 (1) of the National Human Rights Commission Act, the commission can seek a report from the government on the basis of their own initiative or application for complaints of human rights violations against law enforcement agencies or their members. The government will have to give that report to the Commission quickly. If there is any recommendation in this regard, the ministry will have to inform the commission within six months after implementing it. But, the commission complains that the Ministry of Interior is neither paying any heed to its request nor recommendations.
As asked, Home Minister Asaduzzaman Khan said that he had already directed the officials concerned to take action on the list given to him from the Human Rights Commission. He also said he would investigate why they did not investigate these incidents.
A letter sent to the Public Safety Department of Ministry of Home from the Human Rights Commission on November 9, said that the disappearance, kidnapping and the disappearance of human rights violations were a major violation of the rights of the teacher of North South University. As the ministry did not say anything about the query of the alleged abduction, the NHRC once again reminded the home ministry on December 3 about the case. But until today, the commission did not get any reply. Human Rights Commission data shows that in the first 6 months of this year, 52 people were victims of disappearance. 87 people were killed in the alleged gunfight. There are 126 complaints about human rights violations against police. But the commission cannot do anything about these matters.
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