The reform commissions, recently formed by the interim government, have recommended measures to curb extrajudicial detention, enforced disappearances, and torture and cruelty in police custody, identifying these crimes as key human rights violations under the Awami League regime ousted on August 5.
Several state wings, including the home and law ministries, the Supreme Court, and National Human Rights Commission, along with professional groups, including Bangladesh Bar Association, have all voiced their concern, asking for measures to prevent these crimes, the full reports of the reform commissions of police, constitution and judiciary reveal.
鈥楾o investigate complaints on extrajudicial detention or enforced disappearances by law enforcement agencies and take necessary actions, we have recommended vesting more power in the National Human Rights Commission,鈥� police reform commission member Md Zarif Rahman told 抖阴精品 on Monday.
The commission for inquiry into enforced disappearances, also formed by the interim government, recorded at least 1,676 complaints until January 20.
Six reform commissions on the constitution, police, electoral system, judiciary, public administration and Anti-Corruption Commission handed over their reports to the interim government chief adviser, Professor Muhammad Yunus, on January 15. All the full reports were made public on February 8.
In its full report, the police reform commission underscored that misuse of Section 54 and 167 of Code of Criminal Procedure1898 is among the major reasons behind human rights violations by law enforcement agencies, particularly police.
Recalling the Awami League tenure, the commission in the report states that political opponents and dissenters were arrested without warrants and experienced torture and cruel interrogation under police custody, many times day after day in the name of reinvestigation.
鈥楨nforced disappearance was among the serious human rights violations in the time of the ousted Awami League government,鈥� the report says, citing that the International Convention for the Protection of All Persons from Enforced Disappearance considers enforced disappearance crimes against humanity.
As a signatory of the convention, the Bangladesh government is bound to declare enforced disappearance a punishable offence, investigate the incidents and punish the criminals, the commission mentions.
The full report of the constitution reform commission recommends incorporating specific provisions in the constitution, protecting all against extrajudicial killings and enforced disappearance. The commission says that the constitution must explicitly state provisions for the protection of physical integrity and the safeguarding of body parts.
It has also recommended separate articles on the protection of the right to life and protection from torture, cruel and degrading punishment under custody of any state or non-state actors.
It further proposes that any individuals or institutions violating the fundamental rights must be held accountable before the court.
The police reform commission report has further suggested that in the incidents of arrest and detention, complying with the procedures described in the 2016 Supreme Court directive should be made compulsory for law enforcers.
The 2016 Supreme Court directive came as a result of a nearly two-decade long process that began with the formation of a judicial probe commission headed by Justice Habibur Rahman in the backdrop of several custodial deaths, including university student Shamim Reza Rubel in 1998.
The Justice Habibur Rahman commission in the same year of 1998 came up with an 11-point recommendation that included amendment to Section 54 and 167 of the CrPC.
The then government, however, disregarded the commission鈥檚 recommendations, which later in 2003 led the High Court to issue a 15-point directive that ordered limited application of Section 54 in arresting people. It also outlined the legal procedures that must be followed for arrests under Section 54 leading to detention under the Special Powers Act, 1974.聽聽
The then government appealed to the Appellate Division against the 15-point HC directive. In 2016, the Appellate Division in its verdict issued a 10-point directive to the law enforcement agencies, outlining seven duties and responsibilities for them and also a 9-point directive to the magistrate courts. The then government, however, appealed seeking a review of the judgment.
In its full report, the police reform commission recommends immediate implementation of the 2016 Appellate Division directives, or quashing of the review petition filed against it, or amending the CrPC and related laws based on the verdict on the review petition after its disposal at the Supreme Court.
Among other recommendations regarding detention and interrogation, the commission suggests that detainees should be interrogated in a room with a transparent glass wall and also suggests mandatory presence of female police officers during the interrogation of female detainees.
It also recommends establishing an emergency helpline if police officers refuse to disclose their identity or show a search warrant during raids, and ensuring that police personnel conducting search operations carry body-worn cameras and a GPS tracking system.
It further recommends that the case diary must be submitted to the court and no accused outside the first information report are arrested without a court order.
To prevent the rampant malpractice of filing cases against unidentified accused, it recommends legal actions if it is proven against any police officers that they did it with the ill motive to harass someone.
The judiciary reform commission in its full report suggests that to minimise filing of false cases and intentional complaints to harass someone, the home ministry should issue directives to the police asking them not to arrest any accused if their specific roles are not mentioned in the first information report when it contains a large number of people as accused.
The commission has also made certain recommendations for the law ministry and the Bangladesh Bar Council in this regard.
Rights activist Nur Khan Liton who is a member of the commission of inquiry on enforced disappearance, told 抖阴精品 that he supported the reform commissions鈥� recommendations to curb extrajudicial detention and enforced disappearances.
He, however, underscored effective implementation of the recommendations for truly putting a check on such crimes.
鈥楾he question is how this implementation can happen,鈥� Nur said, adding that the absence of a morally strong law enforcement agency or personnel needed for their implementation would pose a significant obstacle.