The worth and significance of human existence are immeasurable. It is therefore imperative that life preservation come first. A society that is orderly and allows people to fully enjoy their rights to life and liberty should only allow the taking of life when it is absolutely essential for the state’s protection.
The right to life is inviolable, as enshrined in Article 32 of the Constitution of Bangladesh, meaning it cannot be taken away arbitrarily or without due process of law. Any deprivation of life must strictly follow the legal procedures established by law. The Constitution safeguards this right by requiring that any state action infringing upon it must adhere to stringent legal standards, thereby preventing misuse or abuse of power by the state or its agents.
There is a legal principle, Audi Alteram Partem (No man shall be condemned unheard). It is a fundamental principle of natural justice that no one should be condemned, punished or deprived of his life or property under any judicial proceeding unless he has been given an opportunity to be heard.
The term ‘extrajudicial killing’ means execution without trial. This term is used to describe a death that is carried out by government agents without the approval of a court case or any legal/judicial processes. Extrajudicial executions, are usually carried out by the state government or other state institutions including the armed forces like RAB and police.
The Penal Code of 1860 recognizes the right to private defense as a legitimate legal concept. Any action taken in the exercise of the right to private defense is exempt from criminal prosecution under Section 96. According to Section 100, in cases when there is a legitimate fear of death, serious injury, rape, kidnapping, or other serious offenses, the right to private defense of the body may also include the ability to cause death. Furthermore, Sections 102 through 106 go into detail about the circumstances and restrictions surrounding the use of private defense in diverse contexts. When faced with immediate threats, police enforcement officials in Bangladesh are permitted by the legal framework to exercise their right to private defense. This right is subject to stringent legal scrutiny and is not unqualified. When all other avenues have been exhausted, the use of force must be proportionate to the threat being confronted .
As per Principle-9 of the Basic Principles on the Use of Firearms-1990 enacted by United Nations Office on Drugs and Crime (UNODC), firearms can be used firstly for self-protection if there is threat of immediate and unavoidable harm, secondly for foiling illegal gatherings. If a gathering presents a serious threat that cannot be controlled through less lethal means, firearms may be used as a last resort. Additionally, law enforcement officers may use firearms during arrests if the suspect poses a significant and immediate threat to the officer or others.
Extra-judicial killings violate several national laws. The Constitution of Bangladesh guarantees fundamental rights. Article-31 guarantees the inalienable right to enjoy the protection of law and be treated in accordance with law. Article-32 ensures the protection of life and personal liberty in accordance with the law. Furthermore, Article 35(5) prohibits torture and cruel, inhumane punishment, but its implementation is hindered by the absence of a criminalizing law and a lack of human rights culture.
The Code of Criminal Procedure, 1898 provides rights and privileges for accused individuals, under section-61 an arrested person has a right to be produced by a Magistrate within 24 hours. Section-13(2) of The Torture and Custodial Death (Prevention) Act, 2013 illustrates, if any officer or employee initiates or abets the commission of any crime such as torturing any person, he shall be deemed to have committed an offense. In addition, Section- 15(1) states, any public officer found guilty of torturing any person shall be punished with rigorous imprisonment not exceeding five years or fine not exceeding Tk. 50,000 or both.
The UDHR’s Article-3 states: “Everyone has the right to life, liberty and security of person.” It is explicitly stated in Article-6 of the International Covenant on Civil and Political Rights (ICCPR), which reads: “Every human being has the inherent right to life”. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT) is enacted to prohibit torture which is deliberately avoided by extra-judicial killings instances.
In Shamim Reza Rubel Murder Case (BLAST VS Bangladesh) the High Court Division of the Supreme Court of Bangladesh has stipulated that if torture is found against the accused person, action can be taken against the police officer under Section 190 of the CrPC and Section 330 of the Penal Code. Also, if the accused dies in police custody, a murder case can be filed against the police officer, and compensation can be claimed in addition.
In Major (retd) Sinha Murder Case, the court announced the execution was illegal and illegitimate. The two top officers, Inspectors Pradeep Kumar Das and Liaqat Ali, were sentenced to death. Six other accused were sentenced to life imprisonment, and seven others were acquitted.
Whether or not someone is found guilty by the law, it is unfair to punish them without giving them due process. We disavow the antiquated notion of “blood for blood.” If someone is found guilty, their punishment should be administered by the law, not before a fair trial. Extrajudicial executions are murder as well as a violation of human rights. It is imperative that we declare, “No more extrajudicial killings.”
About the author
Morsaline Khan Alif is a dedicated LL.B. student at Southeast University, where he is committed to exploring the intricacies of law and justice. With a keen interest in legal theory and practice, Alif strives to apply his academic insights to real-world issues, aiming to make a meaningful impact in the legal field.