Judiciary loses importance when executive puts people on trial: Experts

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UNB, Dhaka :
Worried at the growing incidents of extrajudicial killings in the country, experts and rights activists have said the existence of the judiciary loses its importance if the executive body of a State puts people on trial sidetracking the judiciary.
They said, the lack of accountability of law enforcers and the rule of law are the main reasons why people are killed in the name of crossfire despite widespread criticisms both at home and abroad.
The human rights activists termed extrajudicial killing a crime being committed by those who are supposed to contain crimes and cautioned that it can neither bring peace nor eliminate terrorism.
Contacted, Chairman of the National Human Rights Commission (NHRC) Dr Mizanur Rahman said, “The law enforcers who are the part of executive branch are actually trying people by killing them. What is the importance of our judiciary when the executive branch starts holding trial? So, if the State thinks trying people by the executive branch is the best way, it can abolish the judiciary.”
He said, the law enforcers are holding instant trial by killing people in gunfights or crossfire. “But, the danger is that if you give all the power to a single institution, the barrel of the gun may turn towards an innocent person. If it happens then what will be the citizens’ safeguard.”
The NHRC boss said only the rule of law can ensure the safety of citizens, while the main principle of the rule of law is every branch of the State must function within its jurisdiction. “The law enforcers will arrest the offenders after properly identifying them and produce them
before the court for trial.” ActionAid Bangladesh country Director Farah Kabir, however, questioned the role of the NHRC in stopping extrajudicial killing saying the national rights body is not vocal enough to this end. “What’s doing this body to stop the unlawful killing of people? We saw it playing a good role in the case of Limon Hossain (A Jhalakati schoolboy who was shot in the leg by Rab officers). But, we didn’t see such role of the body in any other incidents.”
She urged the NHRC to be more vocal and active in ensuring human rights and stopping unlawful killing of people. Farha said law enforcers are giving some logics and trying to justify the killing of people in crossfire or gunfights. “We the citizens and rights bodies should also come up with strong counter-logics with some genuine cases like Limon’s one to put pressure on the government and law-enforcement agencies to stop extrajudicial killings.
Executive director of Transparency International Bangladesh (TIB) Dr Iftekharuzzaman said it cannot be expected that the will flex their muscles and hold trial just because the State has provided them with arms.
He said, the government is adopting an ostrich policy regarding the extrajudicial killing as it is patronising the law enforcers to carry it out and protect them only to make its political gains.
To stop the extrajudicial killings, Iftekhar said the government should disown these incidents and make those responsible for the incidents accountable and establish the rule of law.
Besides, he said, citizens’ bodies should be more active, vocal and mobilise strong public opinion against extrajudicial killings. According to Ain O Salish Kendra (ASK), at least 645 have been killed extra-judicially by law enforcers, mostly by the members of police and Rab, in last four and a half years.
Of them, 100 were killed in 2001 while 91 in 2012, 208 in 2013, 154 in 2014 and 112 from January to July this year.
Contacted, Inspector General of Police (IGP) AKM Shahidul Hoque said during their operation against criminals police come under attack and are forced to retaliate for their safety when bullets are spread towards them.
The IGP, however, said when anyone is killed in a gunfight or crossfire, the police members concerned have to face an executive inquiry within the purview of a legal process. “We have the accountability.”
Md Nur Khan, director (investigation) of Ain O Salish Kendro, trashed the IGP’s claim that the law enforcers swung into action only when offenders attack them. “This is unbelievable as only criminals are killed while the members of law-enforcement agencies remain unhurt.”
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