Extra judicial killings threaten constitutional values

Extra judicial killing is an arbitrary or unlawful deprivation of life. Extra judicial killing like crossfire, gunfight or encounters have become very much common incident in Bangladesh. Now-a-days death in Police custody, disappearing of persons, finding dead body of the accused person of murder case are growing in alarming rate. These incidents may cause negative impact on the judicial system of Bangladesh. Police will arrest the criminals but, whether they are guilty or not will be proved in the Court. Police or RAB never have had the authority to kill the accused persons. These kinds of killings disregard the judicial system.
Article 32 of the Constitution of Bangladesh has mentioned that “no person shall be deprived of life or personal liberty, save in accordance with law”. On the other hand, article 35 (5) of the Constitution of Bangladesh and article 5 of the Universal Declaration of Human Rights has also mentioned that 'No one shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment'.
'Right to life and personal liberty' as a fundamental right is provided by the constitution is violating by the law enforcement agencies continuously. Upon the killings of these people, the law enforcement agencies inform the media that the victims died after engaging in so-called crossfire or gunfight. These extra judicial killings are not only violating the Constitution and the Universal Declaration of Human Rights but also diminishing public faith on judicial system of Bangladesh. Actually the people of Bangladesh are still trying to keep confidence on the current judicial system. But these kinds of killings are great impediment for keeping faith and believe on the system.
Lack of accountability within the law enforcement agencies is responsible for the killing. It can be mentioned that a systemic criminal justice mechanism is needed in Bangladesh in order to ensure the rule of law and promotion of human rights which can stop those extra judicial killings and disappearances. Extra-judicial killings under the pretext of crossfire shootings must not be tolerated. The law enforcement agencies must be aware of this and informed that they will be careful for any future conduct of this nature. As for those killings that have already occurred, the government must ensure that an independent agency investigate this matter and bring those responsible to justice.

Ashabur Rahman Turan
Student of Law
University of Rajshahi