Md Mustakimur Rahman :
On 31st July, Sinha, a retired Major was killed in police firing at a checkpoint on Marine Drive in Cox’s Bazar. This sensational killing has created a new platform to gossip about the notion of so-called “crossfire”, although, IGP, Benazir Ahmed does not agree with the term of “crossfire”. Agreeing with Benazir Ahmed, let us go forward to explore the issue with the legal term “extrajudicial killing” instead of “crossfire”.
While it has been 12 days since Sinha has been killed, this shocking incident is still a hot topic for the whole nation and created a hype across the country. Following the nationwide talk and criticism of police activities, our honourable Prime Minister has given assurance of getting justice to the Sinha’s family. Additionally, Sinha’s elder sister, Sharmin Shahriar Ferdous has filed a case against nine policemen including Inspector Liaqat Ali of Baharchhara Police Investigation Centre and OC Pradeep Kumar Das. Filing suit against those nine policemen is not even the end, it has been noticed that the Army chief, General Aziz Ahmed, and the IGP, Benazir Ahmed have visited the checkpoint of Marine Drive and attended a press conference together. Additionally, The Retired Armed Forces Officers’ Welfare Association (RAOWA) has also demanded justice for Major Sinha (retired). All these activities of different groups are undoubtedly pushing the matter forward, but it seems we are still missing something from an organization and that organization is none other than the National Human Rights Commission, Bangladesh (NHRC). The nation at least expects to hear something from the Commission which they yet to make any comment on this sensational killing. Killing by the security force is a form of violation that directly affects our core fundamental rights described in the Constitution. For example, right to life (Article 32) and, additionally, this form of killing also affects some other crucial human rights; such as the right to a fair trial(Article 35), Equality before law (Article 27), Right to protection of law (Article 31), etc. Thus, the nation believes that the Commission would not escape the responsibility of taking action against this violation.
I hope it would not be a crime to ask the function of the NHRC. Bearing in mind that the Commission was established in 2007 with the mission to ensure the rule of law, social justice, freedom, and human dignity through promoting and protecting human rights under the caretaker government, and then, the Commission was reconstituted in 2009. Let us try to figure out some of the core functions of the Commission. Section 12(1) (a) of the National Human Rights Commission Act, 2009 states that “the Commission shall perform all or any of the following functions, namely: to inquire, suo-moto or on a petition presented to it by a person affected or any person on his behalf, into complaint of violation of human rights or abetment thereof, by a person, state or government agency or institution or organization”. Under this section, the Commission has the power to act by themselves alone which we have seen in the case of Limon which was another sensational case for the year 2012. The Commission has worked to ensure justice for Limon. Undoubtedly, that was a crucial example acted by the Commission, however, we do not see that type of activities done by the Commission very often. Section 12(1) (d) states that “the Commission shall perform all or any of the following functions, namely; To review the safeguards of human rights provided by the Constitution or any other law for the time being in force and to make a recommendation to the government for their effective implementation”. As mentioned above, extrajudicial killing is a form of violation that affects many human rights together, and therefore, the Commission should provide more effort to work with the government to curb the number of extrajudicial killings. Let us find out what they have worked on this issue so far.
In the annual report of NHRC 2011, the Commission stated that “Systematic monitoring systems will be established in cooperation with the institutions where violations are reported, particularly in the law enforcement sector where the NHRC intends to focus on enforced disappearance, torture, and extrajudicial killings.” It has been 9 years since they talked about a systematic monitoring system that will focus on enforced disappearance, torture, and extrajudicial killings and my question is how far they have done? Throughout the year 2018, Bangladesh sees 466 extrajudicial killing which was the highest number until 2019. With a sadden mind, it is a quest that despite stating that extrajudicial killing is the worst form of human rights violation, what else the Commission is doing to curb the number of extrajudicial killings?
On 31st July, Sinha, a retired Major was killed in police firing at a checkpoint on Marine Drive in Cox’s Bazar. This sensational killing has created a new platform to gossip about the notion of so-called “crossfire”, although, IGP, Benazir Ahmed does not agree with the term of “crossfire”. Agreeing with Benazir Ahmed, let us go forward to explore the issue with the legal term “extrajudicial killing” instead of “crossfire”.
While it has been 12 days since Sinha has been killed, this shocking incident is still a hot topic for the whole nation and created a hype across the country. Following the nationwide talk and criticism of police activities, our honourable Prime Minister has given assurance of getting justice to the Sinha’s family. Additionally, Sinha’s elder sister, Sharmin Shahriar Ferdous has filed a case against nine policemen including Inspector Liaqat Ali of Baharchhara Police Investigation Centre and OC Pradeep Kumar Das. Filing suit against those nine policemen is not even the end, it has been noticed that the Army chief, General Aziz Ahmed, and the IGP, Benazir Ahmed have visited the checkpoint of Marine Drive and attended a press conference together. Additionally, The Retired Armed Forces Officers’ Welfare Association (RAOWA) has also demanded justice for Major Sinha (retired). All these activities of different groups are undoubtedly pushing the matter forward, but it seems we are still missing something from an organization and that organization is none other than the National Human Rights Commission, Bangladesh (NHRC). The nation at least expects to hear something from the Commission which they yet to make any comment on this sensational killing. Killing by the security force is a form of violation that directly affects our core fundamental rights described in the Constitution. For example, right to life (Article 32) and, additionally, this form of killing also affects some other crucial human rights; such as the right to a fair trial(Article 35), Equality before law (Article 27), Right to protection of law (Article 31), etc. Thus, the nation believes that the Commission would not escape the responsibility of taking action against this violation.
I hope it would not be a crime to ask the function of the NHRC. Bearing in mind that the Commission was established in 2007 with the mission to ensure the rule of law, social justice, freedom, and human dignity through promoting and protecting human rights under the caretaker government, and then, the Commission was reconstituted in 2009. Let us try to figure out some of the core functions of the Commission. Section 12(1) (a) of the National Human Rights Commission Act, 2009 states that “the Commission shall perform all or any of the following functions, namely: to inquire, suo-moto or on a petition presented to it by a person affected or any person on his behalf, into complaint of violation of human rights or abetment thereof, by a person, state or government agency or institution or organization”. Under this section, the Commission has the power to act by themselves alone which we have seen in the case of Limon which was another sensational case for the year 2012. The Commission has worked to ensure justice for Limon. Undoubtedly, that was a crucial example acted by the Commission, however, we do not see that type of activities done by the Commission very often. Section 12(1) (d) states that “the Commission shall perform all or any of the following functions, namely; To review the safeguards of human rights provided by the Constitution or any other law for the time being in force and to make a recommendation to the government for their effective implementation”. As mentioned above, extrajudicial killing is a form of violation that affects many human rights together, and therefore, the Commission should provide more effort to work with the government to curb the number of extrajudicial killings. Let us find out what they have worked on this issue so far.
In the annual report of NHRC 2011, the Commission stated that “Systematic monitoring systems will be established in cooperation with the institutions where violations are reported, particularly in the law enforcement sector where the NHRC intends to focus on enforced disappearance, torture, and extrajudicial killings.” It has been 9 years since they talked about a systematic monitoring system that will focus on enforced disappearance, torture, and extrajudicial killings and my question is how far they have done? Throughout the year 2018, Bangladesh sees 466 extrajudicial killing which was the highest number until 2019. With a sadden mind, it is a quest that despite stating that extrajudicial killing is the worst form of human rights violation, what else the Commission is doing to curb the number of extrajudicial killings?
(Md Mustakimur Rahman is a Faculty member, Department of Law, Notre Dame University Bangladesh. Email: [email protected])
