Allegations of custodial deaths
Friday, 9 July 2010
THE High Court (HC) Division of the Supreme Court has promptly and befittingly responded to a number of writ petitions in relation to the alleged deaths of three persons in police custody. It summoned the police personnel, who are alleged to be involved in the incidents, to appear before it. The commissioner of the Dhaka Metropolitan Police (DMP) was directed to send a report within two weeks stating what measures can be taken to prevent recurrence of such incidents. The home secretary has also been directed by the HC to form a committee within a week's time to investigate into the allegations made. The order expressly states that the committee must be formed with non-police personnel. Obviously, the intention is the impartiality of the investigations. The court's order recommended to take stern punitive measures against the policemen who would be found guilty after investigations.
The merit of the directives from the highest court of the land is all too obvious. It reacted as it should to very serious charges of violation of basic rights of the citizens. Furthermore, it is noteworthy that the newly-formed Bangladesh Human Rights Commission (HRC) has also expressed its deep concern over the recent incidents of custodial deaths. It has directed all concerned to take firm actions in order to stop the recurrence of any such death. Individuals are otherwise obligated to cooperate with the police in matters of their internment. But the same does not mean that they give up their rights to be treated humanely while in police custody or for the period they remain under such internment, notwithstanding whether their alleged offences have been proved or not in a court of law. This form of conduct has been made obligatory on the part of the police by the prevailing civil and criminal laws of Bangladesh and also the country's constitution. Furthermore, adherence to international laws also creates the compulsion on Bangladesh to respect these universally recognised, respected and upheld human rights.
Thus, whatever has happened since the detection of the suspected cases of custodial deaths are to be considered as moves in the right direction. Both the HC and the HRC are to be credited for their concern and activism in these respects. However, there is a need for caution here, too. Forming of any sweeping malicious opinion against the police in general before their alleged offences or their extent are proved, can have some demoralising effect on the force as a whole. If that happens, it would be also unfair because despite the charges of underperformance or lack of integrity they often face, the police personnel are a vital prop for maintenance of law and order. While they should be doing a reasonable job in standing up to crimes and criminality, it should as well be appreciated that the members of this force are a thin line keeping the underworld from preying more severely on so-called law-abiding citizens.
Yet then, there is no denying that the performance of the country's police force has been far below the people's expectations. They need to improve their operational performance to the credence of the ordinary citizens. In this context, a great deal of positives have to be demonstrated, more in actions than in orders, on the part of the police force for taking firm and decisive actions against crime and criminality. It is imperative to ensure that police are not encouraged to cross limits in violating the basic rights of helpless people under their custody. Deep institutional reforms of the police administration that are pending for long, will be needed for the purpose so that the police personnel can function independently without any undue political influence, in a transparent and truly accountable manner, for winning the trust and confidence of the ordinary citizens.
The merit of the directives from the highest court of the land is all too obvious. It reacted as it should to very serious charges of violation of basic rights of the citizens. Furthermore, it is noteworthy that the newly-formed Bangladesh Human Rights Commission (HRC) has also expressed its deep concern over the recent incidents of custodial deaths. It has directed all concerned to take firm actions in order to stop the recurrence of any such death. Individuals are otherwise obligated to cooperate with the police in matters of their internment. But the same does not mean that they give up their rights to be treated humanely while in police custody or for the period they remain under such internment, notwithstanding whether their alleged offences have been proved or not in a court of law. This form of conduct has been made obligatory on the part of the police by the prevailing civil and criminal laws of Bangladesh and also the country's constitution. Furthermore, adherence to international laws also creates the compulsion on Bangladesh to respect these universally recognised, respected and upheld human rights.
Thus, whatever has happened since the detection of the suspected cases of custodial deaths are to be considered as moves in the right direction. Both the HC and the HRC are to be credited for their concern and activism in these respects. However, there is a need for caution here, too. Forming of any sweeping malicious opinion against the police in general before their alleged offences or their extent are proved, can have some demoralising effect on the force as a whole. If that happens, it would be also unfair because despite the charges of underperformance or lack of integrity they often face, the police personnel are a vital prop for maintenance of law and order. While they should be doing a reasonable job in standing up to crimes and criminality, it should as well be appreciated that the members of this force are a thin line keeping the underworld from preying more severely on so-called law-abiding citizens.
Yet then, there is no denying that the performance of the country's police force has been far below the people's expectations. They need to improve their operational performance to the credence of the ordinary citizens. In this context, a great deal of positives have to be demonstrated, more in actions than in orders, on the part of the police force for taking firm and decisive actions against crime and criminality. It is imperative to ensure that police are not encouraged to cross limits in violating the basic rights of helpless people under their custody. Deep institutional reforms of the police administration that are pending for long, will be needed for the purpose so that the police personnel can function independently without any undue political influence, in a transparent and truly accountable manner, for winning the trust and confidence of the ordinary citizens.