Enforced disappearances

No HC ruling disposed of in eight years

Despite the High Court having issued at least six rules over forced disappearances and extra-judicial killings in the past eight years and some of these rules appearing frequently in the cause list for hearing, a final hearing cannot be held due to changes in jurisdiction of issuing benches. Because of this, the real truth behind these incidents has so far remained in the dark. The families of 19 victims yesterday held a press briefing at Jatiya Press Club, urging the government to take necessary steps to find their loved ones, who were allegedly picked up by law enforcers about two years ago, after which they never returned. From 2006 till date, the HC has issued at least six rules seeking explanations from the government on extra-judicial killings, however no final hearing has been held, let alone being disposed of.
In 2006, a writ was filed over killing of Tunda, branded a terrorist. The HC, on May 25, 2006, issued a rule in this regard, which is yet to be disposed of. Two other rules were issued, following two separate writ petitions, and several suo moto rules were also issued by the HC over separate crossfire incidents.
Human Rights and Peace for Bangladesh (HRPB) filed a writ petition in 2006, seeking directives from the court to ensure safety of people detained by law enforcement agencies. The HC issued a rule asking government to explain why it should not be directed to ensure safety of those detained by law enforcers.
HRPB President, Advocate Manzil Murshed, told The Independent that he had taken initiative for final hearing on the rule. The matter had appeared in the cause list for hearing, several times. However, the related HC bench could not hold the hearing due to changes in its jurisdiction.
In response to another petition filed jointly by three human rights’ organisations – ASK, Bangladesh Legal Aid Services Trust (BLAST), and Karmajibi Nari – the HC, on June 29, 2009, issued a rule asking concerned authorities to explain why extra-judicial killings, in the name of crossfire or encounter, should not be declared illegal. However, final hearing on the rule is still pending. On November 17, 2009, the then HC bench, comprising Justice A.F.M. Abur Rahman and Justice Md Emdadul Haque Azad, in a suo moto move, issued a rule asking government to explain why extra-judicial killings, in the name of crossfire, should not be declared illegal.
President of the Supreme Court Bar Association (SCBA), Khandaker Mahbub Hossain, told this correspondent that crossfire or gunfight is totally “illegal”. He added that people did not believe the story circulated by law enforcement agencies that the accused persons were killed in a gunfight. Khandaker also said that members of law enforcement agencies have been killing people due to non-disposal of HC rules issued in this regard. If HC rules are disposed of, the real truth will be revealed and law enforcement agencies will not be able to carry out crossfire as per their will, he added. Earlier in a statement, rights’ organisation Ain-o-Shalish Kendra (ASK) alleged that the government is resorting to extra-judicial killings to cover up deteriorating law and order. ASK pointed out that law enforcement agencies have killed 101 people in separate incidents of “crossfire” from January till June this year while at least 128 people have been killed in “crossfire” and 88 have disappeared from various parts of the country in 2014.

Enforced disappearances

No HC ruling disposed of in eight years

Despite the High Court having issued at least six rules over forced disappearances and extra-judicial killings in the past eight years and some of these rules appearing frequently in the cause list for hearing, a final hearing cannot be held due to changes in jurisdiction of issuing benches. Because of this, the real truth behind these incidents has so far remained in the dark. The families of 19 victims yesterday held a press briefing at Jatiya Press Club, urging the government to take necessary steps to find their loved ones, who were allegedly picked up by law enforcers about two years ago, after which they never returned. From 2006 till date, the HC has issued at least six rules seeking explanations from the government on extra-judicial killings, however no final hearing has been held, let alone being disposed of. In 2006, a writ was filed over killing of Tunda, branded a terrorist. The HC, on May 25, 2006, issued a rule in this regard, which is yet to be disposed of. Two other rules were issued, following two separate writ petitions, and several suo moto rules were also issued by the HC over separate crossfire incidents. Human Rights and Peace for Bangladesh (HRPB) filed a writ petition in 2006, seeking directives from the court to ensure safety of people detained by law enforcement agencies. The HC issued a rule asking government to explain why it should not be directed to ensure safety of those detained by law enforcers. HRPB President, Advocate Manzil Murshed, told The Independent that he had taken initiative for final hearing on the rule. The matter had appeared in the cause list for hearing, several times. However, the related HC bench could not hold the hearing due to changes in its jurisdiction. In response to another petition filed jointly by three human rights organisations ASK, Bangladesh Legal Aid Services Trust (BLAST), and Karmajibi Nari the HC, on June 29, 2009, issued a rule asking concerned authorities to explain why extra-judicial killings, in the name of crossfire or encounter, should not be declared illegal. However, final hearing on the rule is still pending. On November 17, 2009, the then HC bench, comprising Justice A.F.M. Abur Rahman and Justice Md Emdadul Haque Azad, in a suo moto move, issued a rule asking government to explain why extra-judicial killings, in the name of crossfire, should not be declared illegal. President of the Supreme Court Bar Association (SCBA), Khandaker Mahbub Hossain, told this correspondent that crossfire or gunfight is totally illegal. He added that people did not believe the story circulated by law enforcement agencies that the accused persons were killed in a gunfight. Khandaker also said that members of law enforcement agencies have been killing people due to non-disposal of HC rules issued in this regard. If HC rules are disposed of, the real truth will be revealed and law enforcement agencies will not be able to carry out crossfire as per their will, he added. Earlier in a statement, rights organisation Ain-o-Shalish Kendra (ASK) alleged that the government is resorting to extra-judicial killings to cover up deteriorating law and order. ASK pointed out that law enforcement agencies have killed 101 people in separate incidents of crossfire from January till June this year while at least 128 people have been killed in crossfire and 88 have disappeared from various parts of the country in 2014.