Extrajudicial Killings in Bangladesh: Exploring the Phenomenon of Human Rights Violations As a Means of Maintaing Power

When the South Asian nation of Bangladesh emerged as an independent nation on December 16, 1971, the founding fathers sought to establish a liberal democracy that would uphold the rule of law and the fundamental human rights of individuals. To this end, they incorporated extensive guarantees, including safeguarding the enforcement of an impressive eighteen fundamental rights, in the Constitution of Bangladesh of 1972. However, this Article will demonstrate that after almost fifty years of independence, the promise of a liberal democracy has remained elusive in Bangladesh due to the frequent violation of human rights through extrajudicial killings as a convenient means of maintaining power. Although successive governments have resorted to extrajudicial killings, the current government of the Bangladesh Awami League, which has ruled the nation uninterruptedly for the past twelve and a half years, has gone further than all previous governments in resorting to such killings to suppress any threat to its aspiration of perpetuating power. The regime’s contempt for the human rights of individuals is further evident from the fact that even during the COVID-19 pandemic, it has not shied away from resorting to extrajudicial killings to put down its adversaries. This Article will put forward recommendations for ensuring the realization of the elusive promise of a liberal democracy on which the nation was founded

The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission

In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary

Dispensation of justice by the extraordinary chambers in the courts of Cambodia: a critical appraisal

This article examines the Extraordinary Chambers in the Courts of Cambodiaestablished to try those responsible for the atrocities perpetrated against theCambodian people by the former Khmer Rouge Regime (1975-1979). It focuses on thetrial of the first case conducted by the ECCC which resulted in the ‘lenient’judgment. The paper then outlines in details the factors such as political interference,corrupt practices and inordinate delay of the legal process which are undermining theECCC’s credibility to administer fair justice to the victims of genocide, crimes againsthumanity and war crimes. Finally, it stresses on the fact that the failure of the ECCCand its stakeholders to duly address these fundamental issues would end in thefarcical dispensation of justice

The use of enforced disappearance in Bangladesh as a tool of political oppression : Human rights in retreat

During the period between August 14, 1947 and December 15, 1971, when Bangladesh was in a union with Pakistan as its eastern province, the inhabitants of Bangladesh frequently witnessed the violation of their fundamental human rights in the hands of the Punjab-dominated establishment in the western province due to its frequent use of various arbitrary measures, such as the tool of enforced disappearance. Thus, when Bangladesh ultimately emerged as an independent nation on December 16, 1971, the founding fathers endeavored to establish a liberal democracy that would uphold the liberties of individuals. To this end, they incorporated extensive guarantees in the Constitution of Bangladesh (1972) for promoting and protecting the dignity and worth of individuals. However, this Article will demonstrate that almost fifty years since the nation achieved its independence, the promise of a liberal democracy has remained unfulfilled. The current government of the Bangladesh Awami League has indiscriminately used the tool of enforced disappearance to eliminate any perceived threats to its life and to, consequently, instill fear among the population, thereby consolidating its grip on power. Accordingly, this Article will put forward concrete recommendations for promoting and protecting the virtues which are essential for the establishment of a democratic society in Bangladesh based on the rule of law and human rights

The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent

It is a common feature of the constitutions of modern democracies to contain elaborate provisions empowering the executive to declare a state of emergency and to suspend the enforcement of human rights whilst dealing with grave threats posed to the life of the nation. However, history demonstrates that the power to invoke and continue emergencies are often abused to impose unreasonable restrictions on the right of individuals. This Article will explore whether the Constitutions of India, Pakistan and Bangladesh stipulate effective safeguards for ensuring that the extraordinary powers concerning emergencies are not invoked for extraneous purposes to impose undue restrictions on human rights. Consequently, on the basis of this analysis, this Article will put forward concrete recommendations to plug the constitutional loopholes, if any, concerning emergency powers in India, Pakistan and Bangladesh for safeguarding the enjoyment of the fundamental human rights of individuals

Neteisėto naudojimosi nepaprastosios padėties režimu ir jo poveikio fundamentaliosioms teisėms Bangladeše kritinis vertinimas.

The declaration of a state of emergency can be a legitimate constitutional method to take prompt measures in protecting the interests of the society in times of crises threatening the life of the nation. But as it entails restrictions on the fundamental rights of the citizens, it must be used with utmost care and as a means of last resort only. The objective of this paper is to examine whether it has been justifiable to deprive the citizens of Bangladesh from the enjoyment of all or majority of the 18 fundamental rights guaranteed by the Constitution during the continuance of the five emergencies invoked for dealing with ‘internal disturbance’. In this paper, it has been found out that in the absence of effective mechanisms in the Constitution of Bangladesh to obviate the possibility of abuse of the procedure for invoking and clinging on to emergency powers, emergencies have been conveniently resorted to and continued by succeeding generations of executive for purposes other than that of securing the life of the nation at the expense of the core fundamental rights of individuals. Therefore, this paper recommends for insertion of the following safeguards in the Constitution of Bangladesh for not only reducing the possibility of abuse of the emergency powers, but also ensuring the maintenance of the rule of law: a) a list of concrete circumstances which truly endanger the life of the nation and thereby merit the proclamation of a state of emergency, b) the mechanisms for ensuring the effective scrutiny of a state of emergency and its timely termination, and c) a list of non-derogable rights to prevent the abuse of human rights.Nepaprastosios padėties įvedimas gali būti teisėtas konstitucinis metodas taikyti įvairias priemones siekiant apsaugoti visuomenės interesus valstybėje kylant krizių grėsmei. Vis dėlto toks režimas riboja žmogaus teisių įgyvendinimą, tad jis turėtų būti taikomas ypatingai atsakingai. Straipsnyje analizuojama, ar teisėti buvo Bangladešo žmonių teisių apribojimai kovojant su „vidiniais neramumais“. Šiame darbe identifikuojama, kad Bangladešo konstitucijoje nėra įtvirtinto efektyvaus mechanizmo, užkardančio piktnaudžiavimą šia procedūra, kas sudaro prielaidas nepaprastąją padėtį taikyti kitais, nei ji yra skirta, sumetimais

Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court: A convenient means to a politicized bench

The Constitution of Bangladesh has provided the President with the unfettered power to appoint the Chief Justice of Bangladesh. However, the President is required by the Constitution to act on the advice of the Prime Minister, after consulting the Chief Justice, in appointing the puisne judges of the Supreme Court - the apex court of the nation. This Article finds that in the absence of any specific constitutional provisions specifying that the senior-most judge of the Appellate Division - the higher Division of the Supreme Court - should be appointed as the Chief Justice, a convention to this effect was developed for ensuring that extraneous considerations did not play a part in the pivotal appointment of the Chief Justice. In the same vein, a convention of appointing the senior-most judges of the High Court Division, which is the lower Division of the Supreme Court, as the judges of the Appellate Division was developed. But both these conventions have been transgressed at regular intervals by succeeding generations of executives, particularly by the current one, for politicizing the superior judiciary of the nation, thereby undermining its credibility in the eyes of the litigants as an impartial arbitrator of disputes. Accordingly, this article concludes that in order to exclude the possibility of appointments on extraneous considerations, the principles of appointing the Chief Justice and the other judges of the Appellate Division on the basis of seniority should be inserted in the Constitution by means of an amendment

States of emergency and the law: The experience of Bangladesh

In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency,suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers

States of emergency and the law : The experience of Bangladesh

In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency, suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers