Unlawful deprivation of life

Bangladesh is a parliamentary democracy. Prime Minister Sheikh Hasina led the Awami League (AL) to victory in the 2008 parliamentary elections, which international and domestic observers considered free and fair, although with isolated irregularities and sporadic violence. Authorities failed at times to maintain effective control over security forces. Security forces reportedly committed human rights abuses.
The most significant human rights problems were arbitrary arrests, regulation of online speech, and poor working conditions and labor rights.
Other human rights problems included extrajudicial killings, arbitrary detentions, weak judicial capacity, and lengthy pretrial detentions. Authorities infringed on citizens’ privacy rights. Politically motivated violence and pervasive official corruption remained serious problems. Some nongovernmental organizations (NGOs) faced legal and informal restrictions on their activities. Women suffered from unequal treatment. Many children were compelled to work, particularly in the informal sector, due either to economic necessity or in some instances trafficking. Discrimination against persons with disabilities was a problem, especially for children seeking admittance to public school. Instances of societal violence against religious and ethnic minorities persisted, although many government and civil society leaders claimed these acts had political or economic motivations and should not be attributed wholly to religious beliefs or affiliations. Child marriage of girls was a problem. Discrimination against persons based on their sexual orientation continued.
Official corruption and related impunity remained problems. Weak regard for the rule of law not only enabled individuals, including government officials, to commit human rights violations with impunity but also prevented citizens from claiming their rights. As in recent years, the government did not take comprehensive measures to investigate and prosecute cases of security force abuse and killing.
Section 1. Respect for the Integrity of the Person, Including Freedom from:Share
a. Arbitrary or Unlawful Deprivation of Life
The constitution provides for the rights to life and personal liberty; however, the media and local and international human rights organizations reported that the government or its agents committed arbitrary or unlawful killings.
The government neither released statistics on total killings by security personnel nor took comprehensive measures to investigate cases, despite previous statements by high-ranking officials that the government would show “zero tolerance” and fully investigate all extrajudicial killings by security forces. According to the media and local human rights organizations, no case resulted in criminal punishment during the year and, in the few instances in which the government brought charges, those found guilty generally received only administrative punishment. Some members of the security forces acted with impunity. The government formed an internal inquiries cell within the paramilitary Rapid Action Battalion (RAB) to investigate cases of human rights abuses, but during the year there was no information disclosed on any prosecutions for suspected killings by RAB officers.
The legal aid and human rights NGO Ain o Salish Kendra (ASK) reported that during the first nine months of the year, security forces, including the RAB, committed an estimated total of 146 killings. The deaths occurred during raids, arrests, and other law-enforcement operations. The government often described these deaths as “crossfire killings,” “gunfights,” or “encounter killings,” terms used to characterize exchanges of gunfire between RAB or police units and criminal gangs. Throughout 2012 there were an estimated 70 extrajudicial killings.
On February 24, according to local media reports, police opened fire on demonstrators in Singair, Manikganj, and killed five persons during a nationwide general strike (hartal). Local residents told The Daily Star newspaper that the victims were apolitical and not strike participants. Police stated that they fired approximately 200 gunshots and teargas shells to bring the situation under control but resorted to deadly force after hartal supporters attacked police with sticks and rocks. The dead included farmer Alamgir Hossain, trader Nasir Ahmed, and students Nazimuddin Mollah and Shah Alam.
According to ASK, 189 persons were killed and 10,048 injured in political violence from January through September. There were 135 incidents of intraparty violence within the ruling AL, resulting in the deaths of 15 persons and the injury of 1,738 others. In the opposition Bangladesh Nationalist Party (BNP), there were 75 incidents of internal violence, which killed six individuals and injured 945. These incidents were often linked to criminal activities rather than to political motives. Incidents of nonlethal, politically motivated violence also occurred.
In December the Dhaka High Court handed down death sentencesto eight persons and life imprisonment to 13 others for their involvement in the December 2012 death of Biswajit Das, an apolitical Hindu man, who was stabbed and killed during a blockade that turned violent.
b. Disappearance
Disappearances and kidnappings, some committed by security services such as the RAB and the Criminal Investigative Division, continued during the year. According to prominent local human rights NGO Odhikar, from January through September, there were 14 disappearances allegedly involving security personnel, compared with 24 in 2012. Odhikar claimed RAB involvement in two of those disappearances. For the same period, ASK estimated there were 33 disappearances.
According to Odhikar, on January 25, the RAB abducted Mohammad Ali Mohabbat, a leader of the National Communist Party, in Kumarkhali, Kushtia. Family members of Mohammad Anwarul Islam, who was involved in the local student wing of Jamaat-e-Islami (Jamaat), an Islamist party, claimed they have not heard from Islam since the RAB arrested him on April 5. The men’s whereabouts were unknown at year’s end.
On May 15, International Crimes Tribunal (ICT) witness Shukoranjan Bali told the local daily The New Age that plainclothes police abducted him from the ICT court in November 2012. The prosecution denied the abduction took place, despite eyewitness testimony, and did not conduct an investigation. Bali stated the government held him in custody for several weeks prior to forcing him to cross the border to India illegally. He remained in a Kolkata jail at year’s end.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and the media reported security forces, including the RAB and police, employed torture and physical and psychological abuse during arrests and interrogations. Security forces used threats, beatings, and electric shock. According to Odhikar, security forces tortured 23 persons, killing eight. The government rarely charged, convicted, or punished those responsible.
Parliament passed the Torture and Custodial Death (Prevention) Act on October 24. The act criminalizes torture in custody and stipulates a minimum punishment of life imprisonment with fines for members of law enforcement and security agencies or government officials for causing or committing death, torture, and inhuman treatment of detainees in custody. The act also makes an offender liable for paying the victom’s family 200,000 taka ($2,500) in compensation. Moreover, the act states that officials guilty of torture, inhuman treatment, or death in custody may not justify their acts by citing exceptional circumstances, including state of war, internal political stability, state of emergency, or an order from a superior officer or public authority.
The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect can take place without a lawyer present. The government made efforts to limit remand because of instances of abuse during remand.
On March 31, following several weeks of clashes with police, authorities arrested Jamaat’s student wing president, Delwar Hossain, on charges of assaulting police and setting off homemade explosive devices. The court placed him in remand for 45 days, extending the initial 14-day period on four occasions. Hossain’s mother stated authorities did not disclose her son’s location during the remand period. Hossain appeared before the court in ankle braces, claiming he was unable to walk because of harsh custodial treatment (see also section 2.a.).
According to Odhikar, there were six recorded incidents of rape and sexual abuse by members of law enforcement agencies. Three victims were under age 17. For example, on June 8, Subinspector Zahidul Islam of Sirajdikhan Police Station in Munshiganj raped a female student of Rajdiya Abhoy Pilot High School. The family filed a case against Islam, who was suspended and arrested.
(US Department of States HR report)
 (To be continued)