Introduction

Human rights means rights those are inherent in human beings. Men are born with these
inalienable rights and are entitled to these rights irrespective of sex, place of residence,
national or ethnic origin, religion, language or any other status. The Universal Declaration of
Human Rights(UDHR) 1948 and the Constitution of Bangladesh are the main sources of
human rights in Bangladesh.According to the United Nations Universal Declaration of
Human Rights 1948, all human beings are born to be free and equal in identity and rights;
are also entitled to right to life, liberty, personal security, freedom from torture and degrading
treatment, freedom from arbitrary arrest and exile, right to be considered innocent until
proven guilty, right to social security, right of peaceful assembly and association. (Article 1,
3, 5, 9, 11, 20, 22 of UDHR).Again according to the constitution of Bangladesh, all citizens
are equal before law and are entitled to equal protection of law; protection of right to life and
personal liberty; safeguards as to arrest and detention; freedom of movement, assembly and
association.(Article 27,31,32,33,36,37,38 of the Constitution)
Law enforcement agency is a government agency which is responsible for the enforcement of
law or insurance of the obedience to the laws. Law enforcement officials are obliged to know,
and to apply, international standards for human rights (UN,2004). Discipline, security and
progress-the only law enforcement agency of Bangladesh that runs according to this motto is
Bangladesh police. Bangladesh police is divided into different branches like metropolitan
police, traffic police, rapid action battalion, police bureau of investigation and criminal
investigation department. All officials shall at all times fulfill the duty imposed on them by
law, by serving the community and by protecting all persons against illegal acts, consistent
with the high degree of responsibility required by their profession. But whenever the
protector becomes vitiator the law and human rights cannot fulfill their aim and violation
occurs. Violations of human rights by law enforcement officials are more severe than others.
Thus law enforcement agency lost their admissibility and reliability.

Statement of the problem

Police have been entrusted with power to maintain the rule of law and social justice.
Unfortunately there have been repeated misuses of power and excesses committed by police
leading to the violation of human rights. In Bangladesh it is prevalent in many ways from
extortion of money to torture, arbitrary arrests, extrajudicial killings, arbitrary detentions,
journalist harassment and custodial rape. All of these are the grave violation of Bangladeshs
constitution and of the Universal Declaration of Human Rights and creates shame, fear and
helplessness to the victim. Anti parties political activists, detainees, accused person, students,
women and even clean background public are being victimized by law enforcement officials
nowadays. According to Odhikar, the total number of enforced disappearances was reportedly
30 in 2011, 18 in 2010 and only two in 2009.While some of the 43 people who disappeared
from January 2010 till November 2011 had prior criminal records, others were mostly clean,
working as small traders, students or political activists.(Cited from Momtaz,2013)
Violence by law enforcement officials usually occurs at the time of foot and mobile patrols,
search and seizure, arrests with warrant, arrests without warrant, custodial investigation,
detention and crowd control. The deaths occurred during raids, arrests, and other lawenforcement operations. The government often described these death as crossfire, gunfight,
or encounters which portraits the picture of blatant violation of fundamental rights that are
enshrined in the Bangladesh Constitution (Momtaz,2013). According to Ain O Salish Kendra,
in 2013 out of 208 reported victims, 24 were killed in cross fire by RAB, 17 by police, 1 by
BGB, 1 person was reported to have died after torture by RAB and Police, and 26 persons
were tortured in police custody(ASK,2014).
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, threats, beatings,
electric shock and other physical and psychological abuse during arrests and interrogations.
In the year of 2015, 69 people died in custody (ASK,2016) and 11 people were beaten,
strangled and tortured to death in police custody (Odhikar,2016).According to the
constitution, state is committed to ensure the right to assembly and freedom of association.
But in 2015 according to ASK; 135 persons were killed because of mob beating that was 127
in 2014 and 127 in 2013 by the law enforcement officials.

On 11th January 2016, physical and psychological torture of bank official Golam Rabbi; on
15th January 2016, physical torture of Bikash Chandra Das by the civil team of police; on
31st January 2016, the sexual harassment of Farhana Akter by SI Ratan Kumar Halder and on
3rd February 2016, the death of petty shopkeeper Babul Matbar by the police; makes people
more worried about the violation of fundamental rights. Lastly, on 15 February 2016, SI
Ashraful and suspended Corporal of Bangladesh Air Force were apprehended by public at
the time of extorting gold. All of these incident portraits the abuse of power by the police
because they are not working within the parameters laid down by law, in absolute good faith
and with transparency. That is why the violation of human rights by law enforcement
officials has become a major concern.
National Human Rights Commission, Odhikar ,Ain O Salish Kendra(ASK) ,Bangladesh
National Womens Lawyer Association, Human Rights Watch are working spontaneously to
support victims. The constitution of Bangladesh guarantees all the major internationally
recognized human rights. To assure this code of conduct and new guidelines for arrest, bail,
custody, search, interrogation are essential for police. Police should be given incentives and
awards for their performance. At the same time, they should be given exemplary punishment
for their misdeeds and a separate independent agency should be formed to investigate the
crimes committed by the law enforcing agencies.

Examples of human rights

Human rights are described in the Universal Declaration of Human Rights and in the various
treaties (also called covenants and conventions), declarations, guidelines and bodies of
principles elaborated by the United Nations and by regional organizations. They include a broad
range of guarantees, addressing virtually every aspect of human life and human interaction. The
rights guaranteed to all human beings include:

Freedom of association, expression, assemblyand movement;

Right to life;
Freedom from torture and cruel, inhuman or degrading treatment or punishment;
Freedom from arbitrary arrest or detention;
Right to a fair trial;
Freedom from discrimination;
Right to equal protection of the law;
Freedom from arbitrary interference with privacy, family, home or correspondence;
Right to asylum;
Right to nationality;
Freedom of thought, conscience and religion;
Right to vote and to take part in government;

Right to just and favourable working conditions;

Right to adequate food, shelter, clothing and social security;
Right to health;
Right to education;
Right to participate in cultural life.

Who monitors human rights?

Of course, merely listing a set of rules is not enough to ensure their application. Accordingly,
the implementation of human rights standards is closely watched at several levels. At the
national level, human rights are monitored by:
1. Concerned government agencies and services, including the police;
2. National human rights institutions (such as a human rights commission or an
ombudsman);
3. Human rights and other non-governmental organizations (NGOs);
4. The courts;
5. Parliament;
6. The media;
7. Professional organizations (such as lawyers, doctors, etc.);
8. Trade unions;
9. Religious organizations; and
10. University centres.

History of human rights

Although ideas of rights and liberty have existed for much of human history, it is unclear to
what degree such concepts can be described as "human rights" in the modern sense. The
concept of rights certainly existed in pre-modern cultures; ancient philosophers such as
Aristotle wrote extensively on the rights (to dikaion in ancient Greek, roughly a 'just claim')
of citizens to property and participation in public affairs. However, neither the Greeks nor the
Romans had any concept of universal human rights; slavery, for instance, was justified in
both ancient and modern times as a natural condition. Medieval charters of liberty such as the
English Magna Carta were not charters of human rights, let alone general charters of rights:
they instead constituted a form of limited political and legal agreement to address specific
political circumstances, in the case of Magna Carta later being mythologized in the course of
early modern debates about rights. The basis of most modern legal interpretations of human
rights can be traced back to recent European history. The Twelve Articles (1525) are
considered to be the first record of human rights in Europe. They were part of the peasants'
demands raised towards the Swabian League in the German Peasants' War in Germany. In
Britain in 1683, the English Bill of Rights (or "An Act Declaring the Rights and Liberties of
the Subject and Settling the Succession of the Crown") and the Scottish Claim of Right each
made illegal a range of oppressive governmental actions. Two major revolutions occurred
during the 18th century, in the United States (1776) and in France (1789), leading to the
adoption of the United States Declaration of Independence and the French Declaration of the

Rights of Man and of the Citizen respectively, both of which established certain legal rights.
Additionally, the Virginia Declaration of Rights of 1776 encoded into law a number of
fundamental civil rights and civil freedoms. These were followed by developments in
philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill and
G.W.F. Hegel during the 18th and 19th centuries. The term human rights probably came into
use some time between Paine's The Rights of Man and William Lloyd Garrison's 1831
writings in The Liberator, in which he stated that he was trying to enlist his readers in "the
great cause of human rights". In the 19th century, human rights became a central concern
over the issue of slavery. A number of reformers, such as William Wilberforce in Britain,
worked towards the abolition of slavery. This was achieved in the British Empire by the Slave
Trade Act 1807 and the Slavery Abolition Act 1833. In the United States, all the northern
states had abolished the institution of slavery between 1777 and 1804, although southern
states clung tightly to the "peculiar institution". Conflict and debates over the expansion of
slavery to new territories culminated in the southern states' secession and the American Civil
War. During the reconstruction period immediately following the war, several amendments to
the United States Constitution were made. These included the 13th amendment, banning
slavery, the 14th amendment, assuring full citizenship and civil rights to all people born in the
United States, and the 15th amendment, guaranteeing African Americans the right to vote.
Many groups and movements have achieved profound social changes over the course of the
20th century in the name of human rights. In Western Europe and North America, labour
unions brought about laws granting workers the right to strike, establishing minimum work
conditions and forbidding or regulating child labor. The women's rights movement succeeded
in gaining for many women the right to vote. National liberation movements in many
countries succeeded in driving out colonial powers. One of the most influential was Mahatma
Gandhi's movement to free his native India from British rule. Movements by long-oppressed
racial and religious minorities succeeded in many parts of the world, among them the African
American Civil Rights Movement, and more recent diverse identity politics movements, on
behalf of women and minorities in the United States. The establishment of the International
Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions
in 1864 laid the foundations of International humanitarian law, to be further developed
following the two World Wars. The World Wars, and the huge losses of life and gross abuses
of human rights that took place during them, were a driving force behind the development of
modern human rights instruments. The League of Nations was established in 1919 at the
negotiations over the Treaty of Versailles following the end of World War I. The League's
goals included disarmament, preventing war through collective security, settling disputes
between countries through negotiation and diplomacy, and improving global welfare.
Enshrined in its charter was a mandate to promote many of the rights later included in the
Universal Declaration of Human Rights.

At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the
League's role; this was to be the United Nations. The United Nations has played an important
role in international human-rights law since its creation. Following the World Wars, the

United Nations and its members developed much of the discourse and the bodies of law that
now make up international humanitarian law and international human rights law.
Origins of rights
Human rights are typically divided into two categories: negative human rights (rights to be
free from) and positive (rights to) although other categorisations exist. Negative human rights
follow mainly from the Anglo-American legal tradition, and are rights which denote actions
that a government should not take. These are codified in the United States Bill of Rights, the
English Bill of Rights and the Canadian Charter of Rights and Freedoms and include
freedoms of speech, religion and assembly. Positive human rights follow mainly from the
Rousseauian Continental European legal tradition, and rights that the state is obligated to
protect and provide. Examples of such rights (not all are universally agreed upon) include:
the rights to education, to a livelihood, and legal equality. Positive rights have been codified
in the Universal Declaration of Human Rights and in many 20th century constitutions. The
origin of modern positive rights in international law may be traced to the creation of the
International Labour Organization in 1919 as a Western response to the socialist ideology of
the Russian Revolution of 1917. A categorisation offered by Karel Vasak is the three
generations of human rights: first-generation civil and political rights (right to life and
political participation), second-generation economic, social and cultural rights (right to
subsistence) and third-generation solidarity rights (right to peace, right to clean environment).
Out of these generations, the third generation is the most debated and lacks both legal or
political recognition. Some theorists discredit these divisions by claiming that rights are
interconnected. Arguably, for example, basic education is necessary for the right to political
participation. Aside from the international legal human rights framework, there are several
possible sources of rights thinking. One justification stems from natural law. The theory
espoused by the US Declaration of Independence and ingrained in Anglo-American legal
thought is that rights arise from a divine Creator, and are thus a part of a moral philosophy.
Religious societies tend to try to justify human rights through religious arguments. For
example, liberal movements within Islam have tried to use the story of Adam in the Qur'an to
support human rights in a Muslim context.
Philosophy of human rights
The philosophy of human rights attempts to examine the underlying basis of the concept of
human rights and critically looks at its content and justification. Several theoretical
approaches have been advanced to explain how and why human rights become part of social
expectations. One of the oldest Western philosophies on human rights is that they are a
product of a natural law, stemming from different philosophical or religious grounds. Other
theories hold that human rights codify moral behavior which is a human social product
developed by a process of biological and social evolution (associated with Hume). Human
rights are also described as a sociological pattern of rule setting (as in the sociological theory
of law and the work of Weber). These approaches include the notion that individuals in a
society accept rules from legitimate authority in exchange for security and economic
advantage (as in Rawls) a social contract. The two theories that dominate contemporary

human rights discussion are the interest theory and the will theory. Interest theory argues that
the that the principal function of human rights is to protect and promote certain essential
human interests, while will theory attempts to establish the validity of human rights based on
the unique human capacity for freedom.[11] The strong claims made by human rights to
universality and have led to persistent criticism. Philosophers who have criticized the concept
of human rights include Jeremy Bentham, Edmund Burke, Friedrich Nietzsche and Karl
Marx. A recent critique has been advanced by Charles Blattberg in his essay "The Ironic
Tragedy of Human Rights." Blattberg argues that rights talk, being abstract, is
counterproductive since it demotivates people from upholding the values that rights are meant
to assert.
Treaties
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by
the United Nations, between them making the rights contained in the UDHR binding on all
states that have signed this treaty, creating human-rights law. Since then numerous other
treaties (pieces of legislation) have been offered at the international level. They are generally
known as human rights instruments. Some of the most significant, referred to (with ICCPR
and ICESCR) as "the seven core treaties", are:
1. Convention on the Elimination of All Forms of Racial Discrimination (CERD)
(adopted 1966, entry into force: 1969)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) (entry into force: 1981)
3. United Nations Convention Against Torture (CAT) (adopted 1984, entry into force:
1984)
4. Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989)
5. Convention on the Rights of Persons with Disabilities (CRPD) (adopted 2006, entry
into force: 2008)
6. International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW or more often MWC) (adopted 1990, entry into
force: 2003)

The Laws In Question and How They Are Misused?

Scope of Torture in Remand

Part V, chapter XIV of the Code of Criminal Procedure 1898 deals with the police and their
powers to investigate. Whenever any person is arrested or taken into custody and it appears
that the investigation cannot be completed within 24 hours and there are grounds to believe
that the accusation or information is well founded, the officer in charge of the police station
may forward the accused to the magistrate and the magistrate may authorize the detention of
the accused in such custody for a period not exceeding 15 days. After investigation if it
appears to the police that there is sufficient evidence or reasonable ground of suspicion to
justify the forwarding of the accused to a magistrate such officer shall release the person from
custody on his executing a bond with or without sureties. And if upon an investigation it
appears to the officer that there is sufficient evidence or ground, such officer shall forward the
accused under the custody of the Magistrate empowered to take cognizance of the offence
upon a police report and to try the accused and send him for trial.
The general rule is that special orders for the remand of accused persons under section 167
must not be granted to the police without good and sufficient cause shown, accused persons
should be brought before the Magistrate having jurisdiction who, if further investigation is
necessary, he can adjourn his enquiry from time to time under section 344 of the Code. When,
however, a person is brought before the Magistrate prior to the granting of an order of
detention the latter must be satisfied that
a) there is a substantial ground for suspecting that the person had committed a definite
offence such as to
warrant his arrest and detention; and
b) his remaining in the hands of the police is really necessary, such detention may after tend
to defect justice
rather than further it, and should not be ordered without evidence sufficient to warrant it on
the principles stated above.
The order of remand is upon the subjective satisfaction of the magistrate that there is a
necessity of granting remand for the interest of the case. Now a days it has become a practice
of the police in almost every case to apply for the remand of the accused whether there is any
actual need or not. This section is now being misused as an instrument for interrogation and
to obtain a confessional statement or any other information through torture. This is how the
police manipulate the situation and there are many reported deaths in police custody
(discussed earlier) for torturing the arrested person.
Section 54 of the Code of Criminal Procedure
According to section 54 of the Criminal Procedure Code (Cr. Pc.), the police can arrest
anyone whom it suspects of being involved with any crime. Under section 54 of the Code of
Cr. Pc. 1898, individuals may be arrested under suspicion of criminal activity without any
order from a magistrate or a warrant. According to the section, there are nine specific
reasons for which the police may arrest someone under this law. These reasons (summarized
from the original) are:
If the person arrested has been concerned in any cognizable offence or if there has been
credible information against him, or the police have reasonable suspicion to think so;

 If the person has in his possession any implement of house breaking and cannot give a
lawful excuse for doing so;
If a person has been proclaimed under this or any other Code or by government order, to be
an offender;
If there is reasonable suspicion to believe that the person possesses stolen property;
If the person obstructs a police officer on duty, or if the has or attempts to escape from
lawful custody;
If the person is a deserter from the armed forces of Bangladesh;
If the person has been concerned in or if there is credible information of his being so
involved in or there is reasonable suspicion that he is concerned in committing any act abroad
which would have been a punishable offence in Bangladesh (if committed in this country).
He would be detained under custody in Bangladesh under the Fugitive Offenders Act 1881 or
under extradition laws;
If the person is a released convict, he can be arrested if the does not notify the sentencing
judge of his change of address or absence from residence;
If the arrest of a specific person for a specific crime has been made by another police
officer by requisition. Some persons initially detained under section 54 are subsequently
charged with a crime, while others are released without charge. However, the term
reasonable suspicion, credible information or reasonable complaints appears in several of
the reasons under which a police officer can arrest a person under section 54 of the Code of
Cr. Pc. Unfortunately, these terms are one of the reasons why this section is so misused.
Therefore, after the arrest under section 54, the police forward the person before the
Magistrate with a prayer for remand under section 167 of the Code of Criminal Procedure
which has been discussed earlier.53 To some officers, moreover, S/54 of the Code of Cr. Pc is
the way to get money.
Section 100/86 of the Dhaka Metropolitan Police Ordinance
Section 100/86 of the Dhaka Metropolitan Police Ordinance (here after DMP Ordinance)
echoes the provision of section 54 of the Code of Cr. Pc. Section 86 of DMP Ordinance deals
with the punishment of persons on suspicions motives between the times of dusk to dawn.
The law states that, if a person is seen between the hours of dusk to dawn, acting under
several stated circumstances the police arrest him/her under reasonable suspicion.
Section 86 of the Dhaka Metropolitan Police (DMP) Ordinance provides (unofficial
translation): If any person is found in following situations during the period between sunset to
sunrise:
a) Equipped with dangerous machinery without satisfactory reasons, or
b) Covered face or in disguise without satisfactory reason, or

c) Present in any residence or any other building or any boat or water vessel or any other
transport without satisfactory reason, or
d) Sleeping or wandering on any street or in any place without satisfactory reasons, or
e) Possessing the tools of entering any house forcefully without satisfactory reason, then the
person will be liable for one year imprisonment or fine of taka two thousand or both.
Section 100 of the DMP ordinance provides: in the presence of any police officer or in his
attention if any person commits any offence under this Ordinance or any other law in force,
that police officer can arrest him without warrant.
However S/54 of the Code of Criminal Procedure is applied all over Bangladesh but S/86 of
DMP Ordinance is used for arrest in the Dhaka Metropolitan area only. It is also common for
person arrested under S/54 of the Code of Criminal Procedure, to find they latter charged
under the Special Powers Act 1974, a repressive law favored by all the governments, or the
Controls of Narcotics and Drugs Act or even the Explosives Act. This conversion occurs
where a prayer or petition for detention under these Acts, is submitted to the district
magistrate from the concerned police station, through the superintendent of police. The
district magistrate then issues a common order and sends it for approval to the
ministry of Home Affairs.
The Special Powers Act 1974
The Special Powers Act 1974 (here in after SPA) is deemed by human rights activists and
other members of civil society as a repressive law. The use and abuse of this Act in the name
of protecting the security of the state has resulted in a steady pattern of human rights
violations. The Act provides Special Measures for the prevention of prejudicial activities,
for a speedy trial and punishment for grave offences. Under prejudicial acts the law includes
acts that are prejudicial to:
the sovereign and/or state; to the maintenance of friendly relations between other states and
Bangladesh;
to the security of Bangladesh;
to the safety or maintenance of public order;
to the peaceful co-existence among different classes and section of the community;
to the maintenance of law and order;
to the security of any section of the public;
to the economic and financial interests of the state;
For aforesaid grounds police can arrest any person at any time.

Who are detained under section 54, Section 100/86 and the SPA?

Investigations carried out by Odhikar since January 2003 have shown that the larger majority
of persons arrested under S/54 of the Cr. Pc, and section 100/86 of the DMP Ordinance, and
under the SPA are from very poor economic background. They are either homeless person,
rickshaw pullers striving to make ends meet, small scale vegetable and fruit vendors, street
children, destitute women who, being abandoned by their husbands, turn to the streets to try
and support their children and youths suspected as terrorists, extortionists and for rival
political activities.

Causes for Violations

Why such violations are rampant in Bangladesh security forces? Various reasons are
responsible for such violations by the police discussed with more details here in below:
Corruption
Our police department has been charged against involve in corruption. Taking bribes,
harassing innocent people, links with notorious gangsters, extortions, misusing power for
personal gains are some of the common forms of crimes police are accused of. According to
the National HouseHold Survey-2012 by the Transparency International Bangladesh
(TIB),75.8 percent personnel of the law enforcement is found corrupt during the one year
period ending April 2012.58
Political Interest
One of the recognized reasons against the police for violating human rights is that they are
used for political interest by the government. In the last 16 years during which democratically
elected governments are ruled the country, it is seen that how blatantly the government use
the police as its party cadre to oppress the opposition.59 We find that by the enactment of
some politically motivated laws, namely: the Special Powers Act, Section 54 of the Code of
Cr, Pc, the government has provides an opportunity for the police to misuse these laws for
personal interest60.
Salary Structure of Police
The salary structure of the police department is so poor that it is simply impossible to lead an
honest life. At present, constable starts with the structure of 4500/= to 9095/=, sub- inspector
starts with 6400/= to 9305/=, ASP starts with 14430/= to 20370/= and Inspector General of
Police gets 40000/= fixed.61
Inhuman Life of Police
The Police force particularly the subordinate rank have to work for long and arduous hours
(all most daily 12-13 hrs) much beyond the normal working hours to cope with the incessant
need of public order and criminal administration. In some cases, they have to work more than
15 hours. During the Odhikars monitoring, it was found that due to exigencies of public
service and more so on occasions of religious and others festivals, police personnel cannot
enjoy most of the government holidays because they are deployed in large numbers to
maintain peace and order on such occasions.62 It is to be mentioned that, he never gets better
salary or allowances for sacrificing his pleasures just to make sure that our merriment goes on
untroubled.

Lack of Human Rights Training for Police Personnel

Another major drawback lies with the existing training facility of the police. The amount of
training of police officers in police stations, compared to training received at head quarters, is
very low. A survey on the training of 100 constables of Dhaka Metropolitan Police, selected
at random, who had completed 20 years of service, revealed that 96 received only basic
training for 6 or 3 months. The basic cause is heavily biased towards physical training. Of
1,329 classes during a 6 month basic course, only 530 were devoted to academic training, and
this was mostly on laws and procedures (1996).64 In Bangladesh, there is no such institute
for police where international standard education and training for improving over all human
rights knowledge and capability of the police officers and training focusing on human
security issues of the poor, woman and children can be imparted. As a result, of absence and
ignorance, protecting and promoting the universal norms of human rights, police itself,
become the perpetrators and human rights violators.
Accommodation
Accommodation is another big problem according to PRB, only 20% of the constables and
sepia are allowed to live with their families. Others have to live in the thanas or barracks. A
recent survey of accommodation by police head quarters
Lack of Human Rights Training for Police Personnel
Another major drawback lies with the existing training facility of the police. The amount of
training of police officers in police stations, compared to training received at head quarters, is
very low. A survey on the training of 100 constables of Dhaka Metropolitan Police, selected
at random, who had completed 20 years of service, revealed that 96 received only basic
training for 6 or 3 months. The basic cause is heavily biased towards physical training. Of
1,329 classes during a 6 month basic course, only 530 were devoted to academic training, and
this was mostly on laws and procedures (1996).64 In Bangladesh, there is no such institute
for police where international standard education and training for improving over all human
rights knowledge and capability of the police officers and training focusing on human
security issues of the poor, woman and children can be imparted. As a result, of absence and
ignorance, protecting and promoting the universal norms of human rights, police itself,
become the perpetrators and human rights violators.65
Accommodation
Accommodation is another big problem according to PRB, only 20% of the constables and
sepia are allowed to live with their families. Others have to live in the thanas or barracks. A
recent survey of accommodation by police head quarters revealed that 14,153 constables/
naiks/ head constables did not even have barrack accommodation. There were 32,454
cases of shortages of family accommodation for assistant sub-inspectors / head constables
/naiks / constables; 4,603 for sub-inspectors and equivalents; 1,285 for senior assistant police
superintendents/ assistant police superintendents/ inspectors and 98 for superintendents of
police/ additional/ superintendents of police.66 Inside the dingy quarters, policemen sleep on
the floor in very little space sharing pillow and blankets. Then it is really a question how they
are to be conscious of the human rights when they themselves are receiving inhuman
treatment.67

Defects in Recruitment Procedure

There is also a huge flaw in the recruitment procedure, which has far reaching effects on the
entire department. In this system, the field level officers do not have the opportunity to be
promoted to the highest office of the department. All the higher level posts are exclusively
preserved for officers who are appointed through BCS Examination and start as an ASP. This
is a strange procedure practiced in our country. This discriminating practice gives rise to
frustration among the field level officers. Another important thing is that, in selecting a
candidate political affiliation, good connection or how fat the bribe is become the deciding
factor. By recruiting a police officer through pay off, the first thing he learns is corruption.68
Lack of Scientific facilities
Our police do not have modern transportation, information and communication technology.
They are ignorant about modern investigations tools like the detector, DNA technology etc.
Absence of Community Policing
The fight against crime and disorder can only be won if there is an increased involvement of
the community, matched by greater public participation. There is no trust or confidence in
police at community level. As a result police, as a service organization fail to receive
cooperation from its valuable client, the community. This social isolation makes police more
rude and abusive.
Impunity for law enforcing Agency
There is no separate authority or department to investigate the human rights violations related
crimes committed by the police. As a result, it is the police which investigate allegations of
human rights violations committed by their departmental fellow colleagues by which in most
of the cases police get relief from the allegations or are awarded comparatively light
punishment. In some cases, upon the public pressure some possible perceived consequences
are removal from service, damage to career, punitive transfer, disturbance of personal and
family life etc. And at these stages the departmental proceedings are completed.
Consequently, police is enjoying an informal impunity despite being perpetrator of human
rights violations. When any complaint is filed before any court against the alleged violations
of human rights perpetrated by police, it is the state which bears the expenses from its fund.
As a result, the corrupt and human rights violators police that enjoy not only impunity from
the responsibility of crime related with human rights violations but also economical
relief.71The Armed Police Battalions Ordinance,1979 laid down that no suit, prosecution or
other legal proceedings shall be against any member of the Force, for anything which is done
or intended to be done in good faith under this Ordinance.72That is why there are overall
despair and dissatisfaction against the police so much that people are usually reluctant to
report crimes in thana as they fell certain that they will not get relief or fair treatment .

Role of NGO

In Bangladesh several Non-Governmental Organizations (NGO) are working to monitor the

civil and political rights situations in Bangladesh, including the human rights violations by
law enforcing agency. Such NGOs are, namely Bangladesh Legal Aid and Services Trust
(BIAST), Ain O Shalish Kendro (ASK), Odhikar etc. For the last four or five years, these
organizations monitor the human rights situations in Bangladesh. They play an active role on
this point and make many recommendations to the government. But it is the government who
is to click such recommendations for upgrading the present law and order situation.

Consequences
Human rights violations have become daily occurrences in Bangladesh. The populations with
limited financial resources are especially vulnerable to human rights violations. Those who
have been victims of human rights violations often try to seek help from community leaders,
law enforcement agencies, lawyers, journalists, human rights advocates and organizations,
and local government officials. Authorities failed at times to maintain effective control over
security forces. Security forces reportedly committed human rights violatns .The most
significant human rights problems were ;
Political violence
Hundreds were killed and injured in violent attacks surrounding the controversial January
elections. Both Bangladeshs ruling party, as well as opposition parties, were responsible for
the violence. Supporters of the opposition Bangladesh Nationalist Party and the Jamaat-eIslami party threw petrol bombs to enforce strikes and economic blockades. Before and after
the election, attackers also vandalized homes and shops owned by members of Bangladeshs
Hindu and Christian communities.In response, the government cracked down on opposition
members, naming hundreds of them as suspects in violent attacks. Members of law
enforcement agencies carried out extrajudicial executions, enforced disappearances, arbitrary
arrests, and unlawful destruction of private property.
Human rights violations on the high seas
Bangladeshi and Myanmar citizens from a jungle in Sadao District under the Shongkhal
Province of Thailand, along the Malaysian border. It is believed that the deceased were
traveling to go abroad by sea as illegal migrant workers. At the same time, Thai police also
found some abandoned camps where migrants were detained by their traffickers. It was leant
that more than 10 thousand poor Bangladeshis and citizens belonging to the Muslim minority
Rohingya population of Myanmar, enter Malaysia for work through this notorious human
trafficking route. Syndicates of human traffickers from Bangladesh, Myanmar, Thailand and
Indonesia have also been trafficking poor citizens of Bangladesh and Myanmar by luring
them with jobs in Malaysia. When the incident of mass graves was published in media the
whole world paid attention. At one stage, the governments of Malaysia, Thailand and
Indonesia increased patrols in their maritime waters and the security forces of these countries
pushed back migrant-filled boats into non-territorial waters. As a result hundreds of boats
carrying thousands of migrants were floating in the Andaman Sea and Malakka Channel.
Many traffickers and sailors fled from the boats after stopping the engines. Many boats were
sunk in the sea as the engines were shut. On May 16, 2015 at least 104 people died in a clash
amongst migrants for food on a boat floating near a Malaysian beach.On

May 20, 2015 a three-nation Foreign Minister level meeting was held in Kuala Lumpur,
where Thailand and Indonesia also attended.

Extrajudicial killings

The law and justice delivery system of the country is becoming increasingly questionable and
human rights are being seriously violated due to the persistence of extrajudicial killings.
Odhikar has noticed that in the border areas especially in Coxs Bazaar and Teknaf, human
trafficking is increasing significantly. The security force are killing people in the name of
shootout and stating they were traffickers. As a result, before even proving their crimes in
Court, victims are being killed. This also creates an obstruction for tracing the actual
masterminds behind human trafficking. In May 2015, a total of 18 persons were allegedly
killed extra-judicially.

Torture in custody

Fact finding missions on incidents of torture, highlighting the fact that this practice must stop.
On October 24, 2013 the Parliament, through voice vote, passed the Torture and Custodial
Death (Prevention) Act, 2013. Despite this, incidents of torture in the custody by law
enforcement agencies continue.Ex; On May 14, 2015 Rezaul Islam (55) of Khayersuti village
of Dogachi Union under Pabna Sadar Police Station was picked up from his house and
allegedly beaten to death by Detective Branch (DB) police.

Shooting in the legs after arrest by law enforcers

The law enforcement agencies are enjoying impunity, which helps them to continue such
activities. RAB and police are not only targeting political opponents but also attacking
ordinary citizens. Several people have already become disabled due to shooting by law
enforcement agencies.Ex ; On May 24, 2015 Sabbir Hossain Sohan (17) a Higher Secondary
Certificate examinee of Keshobpur Degree College Jessore, was detained from Keshobpur
Bazaar and was beaten and shot in his right leg by the police of Monirampur Police Station.

Enforced disappearance

The enforced disappearance of persons has been practiced since the mid 20th century.
Enforced disappearances constitute an extreme violation of human rights, infringing many
fundamental rights. Furthermore, not only is the person affected who becomes the direct
victim, but also his or her family, colleagues and friends as well as society as a whole. Most
of the disappeared are persons who are critical of their governments. It is said that enforced
disappearances are replacing the extra judicial killings in Bangladesh. According to
information gathered by Odhikar from January to May 2015, 36 persons have been
disappeared; of them, eight were later found dead and 16 were later produced before the
Court and whereabouts of 12 persons are still unknown.

Death in custody

The laws both in national and international sphere, these legal mandates are absent in practice
and that is why death in police custody is a growing phenomenon in Bangladesh. As to the
Code of Criminal Procedure, custody of an accused or a witness means custody of the court

in its ultimate sense. The transitional custody of a person may be with the police. But the
ultimate authority to decide the fate of the suspect rests with the court .It is alleged that due
to lack of treatment facilities and negligence by the prison authorities, many prisoners
became ill which caused death. In May 2015, a reported 10 persons died in prison. Among
them, nine died due to illness and one committed suicide. On May 3, 2015 a convicted
prisoner of the BDR Mutiny and former MP of BNP, Nasir Uddin Pintu died in Rajshahi
Medical College Hospital.

Freedom of the media

At present a number of journalists faced torture, threats or harassments from law enforcement
agencies, (gangsters), government officials, or the student wings of various major political
parties. May 2015, five journalists were injured, 10 were threatened and one was arrested.
Furthermore, eight local newspapers were shut down.

Accountability for Security Forces

Authorities arrested several members of the notorious Rapid Action Battalion (RAB)
following intense public outrage over the abduction and apparent contract killings of seven
men in Narayangunj in April. Although the government claims that almost 2,000 RAB
members have been punished for various misdemeanors since the groups inception, there
was not a single prosecution for extrajudicial executions, torture, or arbitrary arrests before
the Narayanganj incident. Independent organizations estimate that the RAB has been
responsible for approximately 800 unlawful killings over the past 10 years. Allegations of
violations by members of the police and other law enforcement agencies, including the
Border Guard Bangladesh, were not independently investigated or prosecuted.

Human rights violation by BSF along the border

BSF continues shooting and killing Bangladeshi citizens at the border areas over the years,
ignoring protests made by various groups. This matter has been repeatedly raised in regular
meetings between border guards of the two countries. The BSF has not deviated from its
policy of shooting at anyone seen near the border. This kind of incident is a clear violation of
international law and human rights; and threats to the sovereignty of Bangladesh . In May
2015, three Bangladeshi citizens were killed by the Indian Border Security Force (BSF). Of
them, two were shot dead and one was tortured to death. Furthermore, two Bangladeshi men
were injured. Of them, one was shot and one was tortured.

The religious minority community

Vested interest groups are oppressing religious minority citizens over variousinterests
including land grabbing, extortion etc. the government should bring the perpetrators before
justice. the government should ensure security of all the citizens belonging to the minority
communities in Bangladesh. May 30, 2015 a group of criminals attacked Joykali Mandir
situated at Alenga Jaminderbari under Kalihati Upazila in Tangail District.

Violence against women

Bangladeshs personal status laws governing marriage, separation, and divorce overtly
discriminate against women, and the government showed no sign of willingness to undertake
a comprehensive review to ensure equality and protection for women and girls. As to the
behavior with woman the Code of Conduct for police personnel in police stations states:
Female visitors will have to be behaved with highest courtesy and manner and decency will
have to be maintained in words and behavior with them. As to the responsibilities of officer
in charge, this Code states: If any female comes to an officer-in-charge with complaint or for
any other reason, he will give her standing welcome and behave with her decently. He will
show courtesy and modesty in his behavior and conversation.. In May 2015, a significant
number of women became victims of rape, dowry related violence, acid attacks and sexual
harassment by stalkers.

Statistical Findings
Extra judicial killings
Extrajudicial killings by the law enforcing agencies continued in 2013. The table below
shows that police are used as the main instrument of repression, particularly in extrajudicial
killings. From 18 reported victims in 2012 the rate of extrajudicial killings by the police
jumped to 175 victims in 2013. There were no incidents of BGB1 being involved in
extrajudicial killings jointly with police during 2009 2012, but in 2013, the BGB was
involved with police to kill 32 people extra judicially, while BGB alone killed 11 people,
(compared to 8 for the years 2009 2012). Similarly, between 2009 2012 there were no
incidents of killings by a joint operation by police, Armed Police Battalion, RAB and BGB;
however, in 2013, such joint operations killed 64 people.
Table 01: Person killed by extra-judicially (2009-2013)

Law
Enforcemen
t
Agencies

2014

2013

2012

2011

2010

2009

Grand
Total

RAB

29

38

40

43

68

41

230

Police

119

175

18

31

43

75

342

Police and
Armed Police
Battalion,
RAB, BGB
Joint Forces

64

64

11

RAB-Police

25

41

BGB (former
BDR)
Police-BGB

11

19

32

32

RAB-Coast
Guard
RAB-PoliceCoast Guard

25

11

Coast Guard

Forest Guard

Ansar

Jail Authority

Army

Grand Total

172

329

70

84

127

154

764

Vilation the rights of Freedom of thought and expression

In Bangladesh, the right of expression is supressed by the government and increasingly it
becomes severe. Only empowered political party enjoy this right. Pro-government media is
also used to defame opposition. Cases are launched against dissenters, mainly under the
Information and Communication Technology (ICT) Act, 2006 (amended in 2009 and 2013)
for criticising the Prime Minister or her family members in print and electronic form.
Interestingly, when the Leader of the Opposition is criticised, the government and its law
enforcement agencies remain silent. This shows that defamation laws and the provisions of
the ICT Act are being used selectively. In 2013, according to Odhikars documented statistics,
146 journalists were injured, 33 were threatened, seven were attacked and 37 were assaulted.
Some examples are as follows: Private channels Diganta Television and Islamic TV did not
get permission to broadcast in 2013 since they were shut down in May 2013. The press of the
daily Amar Desh remains under lock and key and the Acting Editor Mahmudur Rahman who
was arrested in April 2013 is still in jail, without trial, till the writing of this report. The
Government is continuing repression against Mahmudur Rahman, Acting Editor of daily
Amar Desh. Previously he was sentenced to six months imprisonment for Contempt of Court.
The Government arrested him for a second time on April 11, 2013. He and his family alleged
that members of the intelligence agency tortured him after taking him into remand. Among
others, three cases have been filed against Mahmudur Rahman at Tejgaon Police Station with
regard to sedition and under sections 56 and 57 of the Information and Communication
Technology Act, 2006 (amended 2009).
Table 02: Repression of journalists (2009-2013)
Repressing
Journalists
Killed
Injured
Attacked
Assaulted

2013

2012

2011

2010

2009

0
146
7
37

5
161
10
50

0
139
24
43

4
118
17
43

3
84
16
45

Grand
Total
12
648
74
218

Threatened
Grand Total

33
223

63
289

53
259

49
231

73
221

271
1223

Extrajudicial killings and torture by BSF

Bangladeshi citizens are not only facing human rights violations by BSF but such attacks are
tantamount to threats to the sovereignty of Bangladesh too. Between January and December
2013, Indian BSF killed 29 people and 79 people were injured by torture or by being shot at.
During this time 127 persons were abducted by BSF compared to 74 in 2012. The figure
indicates that border killings have reduced in number, but abductions have increased, making
it difficult to determine whether the abducted people are alive or have died at the hands of
BSF.
Year
2014
2013
2012
2011

Abduction
99
127
74
23

Killed
35
29
38
31

Injured
68
79
100
62

Grand Total
202
235
212
116

2010
2009
Grand Total

43
25
292

74
98
270

72
77
390

189
200
952

Violence against Women

Bangladesh has special criminal laws to punish perpetrators of acts of violence against
women. Lack of implementation of laws, corruption in the law enforcement agencies and
police disinterest in domestic violence issues along with local political patronage all play
a part in protecting perpetrators and denying justice to victims. As a result, violence against
women is widespread. Domestic violence, dowry violence, rape, acid throwing, stalking and
discrimination against women prevail in society. Compared to 2012 there is less reporting in
the overall incidents of such violence, but we have observed a marked increase in rape. It
may indicate a law and order situation where womens vulnerability has significantly
increased. From 456 in 2009 the reported incidents of rape have increased to 814 in the year
2013, a powerful social indicator reflecting the state of women.
Table 04: Rape (2009 2013)
Year (s)
2014
2013
2012
2011

Total number of
women
244
336
299
246

Total number of
children
393
452
473
450

Unidentified

Total

29
26
33
15

666
814
805
711

2010
2009
Total

248
213
1342

311
243
1929

0
0
74

559
456
3345

Table 05: Dowry related violence against women (2009-2013)

Year
2013
2012
2011
2010
2009
Total

Killed
158
273
305
235
227
1198

Physical abuse
261
535
192
122
81
1191

Suicide
17
14
19
22
11
83

Total
436
822
516
379
319
2472

Workers Rights
The poor condition of the workers and the criminal negligence they suffer were fully revealed in the
tragic deaths of the workers of Tazreen Garments on November 24, 2012, and most recently at Rana
Plaza. On April 24, 2013 Rana Plaza, a 9-storied building situated at Savar Bus Stand, Savar
collapsed, which resulted in the reported death of 1129 persons and about 3000 injuries. There were
five garment factories from the second to seventh floors at Rana Plaza. About 5000 garments workers
were working inside the building during the tragic incident.9 Later three others succumbed to injury
and human remains were later found in the grounds where the building once stood.
Industrial/factory accidents and deaths are common in Bangladesh, and the systematic negligence of
buyers, owners and the government of Bangladesh have reach intolerable levels. There were protests
all around the world centering on the Rana Plaza incident and the need for stringent measures and safe
working conditions. Apart from hazards such as fires and building collapses, the workers suffer
irregular payment of wages, overdue overtime pay and poor working conditions on a regular basis.

Table 06: Fatalities in the Readymade Garments sector (2009 -2013)

Readymade Garments Workers (2009-2013)
Year

Killed

Injured

Grand Total

2014

745

746

2013

1145

5566

6711

2012

115

2773

2888

2011

917

921

2010

33

2389

2422

2009

1301

1308

Grand Total

1304

12946

14250

Minority Rights
The Political, social and economic vulnerability of the religious minority groups in Bangladesh have
not changed much since last year. Because of the politicisation of the issue, it has become difficult in
real terms to protect the minority citizens by the state. The increasing polarisation of the society into

secularists and Islamists creates political conditions for persecution on minority groups from both
sides. The secularists are accusing the Islamists of attacking the places of worship and villages of nonMuslims, while Islamists respond by claiming that all incidents are a ploy of the government to show
them in bad light.
Between the blame game, perpetrators escape conveniently and remain outside the law.

Total

Temple

2013

118

441

125

322

13

1026

2012

69

81

46

24

224

2011

107

21

25

13

183

2010

244

20

23

315

2009

502

12

28

573

Total

1040

31

568

247

322

47

29

16

2321

Year

Home

Property

Rape

Miscellaneous

Looted

Attack

Idol damage

Grabbing

Land

Abducted

Arrested

Assaulted

Injured

Killed

Table 07: Repression against Religious Minority (2009-2013)

Recommendation
The increasing rate of extra judiciary killing is being a threat of the democracy of
Bangladesh. It violates the human rights. Many people are killed by this way without any
judicial procedure. It shows a bad picture of Bangladesh to other countries. Government must
stop extra judicial killing to protect its democracy. Here give some recommendation about
this
1. The government should be active to protect extra judicial killing.
2. The police or law enforcement agency should be followed the rules of arrest.
3. The police or law enforcement agency may be allowed to arrest on suspicion only
after collecting some relevant material/evidence in support of the arrest without
warrant.
4. The police or law enforcement agency must be required to effectively notify the
relatives of the arrestee about the time, place of arrest and venue of custody within the
shortest possible time, preferably not exceed12 hours after arrest.

5. The competent magistrates may be authorized to release an arrested suspect should the arresting
police fail to file a case within a specified short period of time, preferably within
48hours from arrest
6. The lawyers(s) of the victims choice must be allowed to meet him/her as early as possible
and stay there during interrogation.
7. Increase public awareness.
8. The government should cooperate with the human rights organization.
9. The investigation of extra judicial killing should done by other person like magistrate
not by the police authority.

Conclusion
To protect the people from human rights violations in Bangladesh, the law enforcing agencies
are the responder in our criminal justice system. Bangladesh still retained the Police Act 1861
which is tainted with colonial policing. Political and bureaucratic interference, low salaries,
governments control of promotions and transfers etc still remain as the major drawbacks of
our security forces. Therefore, to bring the security forces in line with the 21st century is a
great challenge for us. The Police Reform Program (PRP) should keep all the above
loopholes in mind before making any strategy in Bangladesh. The role of a vibrant civil
society, NGOs, door agencies to create pressure upon the rulers of the Country to initiate
strategic reforms cannot be overruled. Moreover, with institutional changes respect for human
rights, rule of law and good governance should also be the safeguards for human rights in the
domestic regime. If it is done, the security forces can be made accountable and friendly to the
common people. Once the security forces are made accountable towards the people, the rate
of human rights violations in Bangladesh will be decreased.

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