RAB: Licensed to kill!
By
Salah Uddin Shoaib Choudhury
26 March,
2008
Countercurrents.org
This is not a new episode of
James Bond 007 movie. This is a true story about the most notorious
terror organization in Bangladesh, enjoying official status and termed
as ‘elite force’. Rapid Action Battalion [RAB] was established
on March 26, 2004 and since its establishment a total of 472 alleged
criminals have so far been killed in the name of "crossfire"
or "encounter" between associates of the criminals and RAB
members.
Article 32 of the Constitution of the Peoples’ Republic of Bangladesh provides that no person shall be deprived of life or personal liberty save in accordance with law. However, legalization of extra judicial executions has reduced such constitutional guarantees to mere inscriptions. As many as 111 people were extra judicially executed by the law enforcement personnel in the country from 1 January to 30 September 2004 in comparison to 56 killings in 2003. At least 43 people have been killed by Rapid Action Battalion (RAB) alone mostly in the so-called 'crossfire' since it launched operations.
Formed by an executive order of 1 March 2004, the RAB has reported strength of 4,525 personnel drawn from five military and para-military forces - army, air force, navy, Bangladesh Rifles and Ansar and Bangladesh Police. The deployment of members of the armed forces in combat areas amounts to imposition of undeclared emergency. The members of the armed forces, which are not disciplined in policing, have been responsible for blatant extra judicial executions of the alleged criminals.
Former adviser and Executive Director of Ain o Salish Kendra Sultana Kamal said, "Death in so-called crossfire is unconstitutional and whatever the number it is a matter of grave concern to me as a right activist."
The US Department of State in its annual report "Human Rights Practices 2007" on Bangladesh also said security forces including Bangladesh Rifles, military and RAB committed numerous extra-judicial killings while the government did not take any action or initiate any public measure to investigate the cases.
Human rights lawyers in Bangladesh say they are becoming increasingly concerned about the number of suspects dying in the custody of the elite anti-crime force, the Rapid Action Battalion (RAB).
A recent press report said, Rapid Action Battalion has so far taken punitive measures against its 535 members for anti-disciplinary activities and around 200 of them either lost their jobs or suffered jail.
But, despite
such actions, it is greatly alleged that, RAB is gradually turning
into a Frankenstein, which ignores human rights and continues various
forms of extra judicial activities. There are hundreds of allegations
against RAB officials for being involved in extortion, abduction,
rape and even dealing in drugs and weapons. Some of the members of
RAB uses organized black mailing racket to trap innocent people and
finally extract money from the victims with various excuses.
Murder in custody:
All that Sumon Ahmed Majumder's parents have are memories of their
son.
As they look at his photos tears pour down his mother Selima's face.
The 30-year-old had witnessed the murder of opposition Awami League
MP, Ahsanullah Master, in May 2004.
Soon after, he was arrested on allegations of being involved in extortion - which his parents have always denied.
They were told that he was then transferred to the custody of the RAB.
The next they heard of him, he was dead.
"I raised my child with great care," says Selima, sobbing.
"Even if the world forgets him, I will never forget my Sumon. This is causing me terrible pain."
Sultana Kamal is a prominent human rights lawyer with the group, Ain-o-Salish Kendra [an organization run by family members of eminent lawyer Dr. Kamal Hussain].
She took up Sumon Ahmed Majumder's case, but says his parents were put under pressure from the start.
"First of all it was the police who were not very cooperative," she says.
"Then,
of course, they got threat calls from different quarters that if they
tried to do something they would be also dealt with. Even if people
fight cases, at some point, it stops.
"When the court issues the rule to the government saying, 'Why
shouldn't this act of the government be declared illegal?' they are
supposed to say something in return and they keep on taking time.
So people get exasperated."
The Majumders eventually gave up.
As they visited Sumon's grave in the pouring rain Selima's face was a mixture of grief and rage.
But in Bangladesh, they said, you just cannot fight the system.
They must
now live with the fact that they will probably never get justice for
their son.
Death of Manju:
Quamrul Islam Majnu, who was tortured to death by Rapid Action Battalion
[RAB] personnel, was handed over to his family 36 hours after his
death in May 2007. Twenty-five-year-old Majnu was beaten to death
as he was guarding his lichee orchard. Before handing over Manju’s
dead body to members of his family, an autopsy was conducted in presence
of first class magistrate Jonendranath Sarkar and members of victim’s
family. Innumerable marks of merciless torture were identified in
death’s body.
Officials present in autopsy said, "there is nothing new in the case against RAB as there are ample examples of senior members of law enforcement agencies facing legal actions for gross violation of human rights and extreme torture in custody."
Following the autopsy report, government directed to immediately investigate the murder of Manju in RAB custody. An investigation committee was formed and culprit RAB officials were questioned. Police, also recorded a murder case against RAB personnel and started its own investigation.
Prior to lodging complaint with police, family members of Manju were repeatedly requested by RAB officials to reach into a compromise and not lodge any case. When members of the victim declined such request and told that they were looking for justice, RAB men threatened them of dire consequence.
In an average
week two or three people are killed in incidents involving the RAB.
The authorities say most deaths happen during shoot-outs between law
enforcers and criminals.
These incidents have become so frequent that a new term has been coined
in the country - "death by crossfire".
Many of the members of innocent people, who died in RAB custody, are comparing Rapid Action Battalion with any extremist Islamist or terror group. “They are no different than Jamaatul Mujahedin [JMB], which are both killing innocent people for no obvious reason.
Bangladesh
High Court recommended the incorporation of the following provisions:
- Police must disclose their identity to the relatives of the person
before arrest from the residence or office;
- Police
must inform the relatives of the arrested person over telephone or
by sending special messenger within three hours of arrest from out
side the residence or office. Medical check up of the person must
have to be done after arrest;
- No detention after arrest under Section 54 of the Criminal Procedure
Code;
- No remand under police custody under section 167 of the Criminal
Procedure Code;
- Only the investigating officer to interrogate the alleged accused
in the jail custody but no other agency;
- Use of a separate glass covered room in the jail custody for interrogation
and the relatives or lawyer of the accused can observe it;
- Examination of medical report of the accused, special diary opened
after arrest, hearing of the accused and his lawyers have to be taken
into consideration if the magistrate wants to grant remand in other
cases;
- The magistrate must show the reasons to grant remand. The remand
order passed by the magistrate has to be approved by the District
and Sessions Judge or Metropolitan Sessions Judge;
- The magistrate should take action against investigating officer
if there is any allegation of torture to the accused during the remand
and the allegation proved through medical examination;
- Enhance the punishment for illegal confinement under section 220
and for custodial torture under 248 of the Penal Code from two years
to seven years and fine.
The directions by the High court had little impact as the extrajudicial
executions by the RAB indicate.
Impunity accentuates illegal measures that the High Court sought to address. On 23 February 2003, the Bangladesh Sangshad (Parliament) passed the Joint Drive Indemnity Act barring people from seeking justice through the courts for the deaths and human rights violations that occurred during the “Operation Clean Heart” anti-crime drive, which caused custodial death of 51 persons and involved an unknown number of torture victims. Despite intervention of the High Court on 13 April 2003 by issuing a show cause notice to the government regarding the legality of the Indemnity Act, the law continues to be in force and therefore no action is maintainable before the courts of law. In the few instances where charges were levied, punishment of those found guilty was predominantly administrative. The RAB personnel enjoy similar impunity and the courts can do little. RAB has been openly resorting to blatant human rights violations including extra judicial executions.
