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EXTRA JUDICIAL KILLING: AN OVERVIEW OF BANGLADESH
MOONMOON BINTA AZIZ
Assistant Professor, Department of Criminology and Police Science, Mawlana Bhashani Science and Technology
University, Santosh, Tangail, Bangladesh
ABSTRACT
In general, extrajudicial killing is the killing by law enforcement authorities without the sanction of any judicial
proceeding or legal process. Though a person is being suspected as a criminal, he has the legal and constitutional right to
have justice. In this paper it is tried to analyze five years (2005-2009) data from some newspapers articles of Bangladesh
on extrajudicial killing, find the legal barriers as well as legal shields used by law enforcement agencies to justify the
killings. It is also tried to explain extrajudicial killing by several aspects like denying due process, crime control and access
to the justice on the basis of secondary data sources.
KEYWORDS: Extra Judicial Killing, Human Rights, Legal Boundary, Justice System
INTRODUCTION
Civilization is thought to have come to a stage when people are supposedly living in a rights-based rational
society. In order to consolidate their perceived and real gains in this respect, the State have to create useful laws and
relevant institutions. Of the individual rights guaranteed within the constitutional framework of a state, some have been
characterized as the most essential or fundamental to our existence as human race. These are universally regarded as birth
rights and are inseparable from us, i.e., ‘inalienable’ of human being. Right to life, liberty, conscience, right to freedom of
movement and speech, freedom from torture and inhuman treatment are agreed to be the pre-requisite for overall
development of a human person including physical, mental, intellectual, cultural and spiritual development. Constraints put
up by policies (of a state or informal institutions) on the way of accessing these rights would mean constraints in the
process of development of human potentials of that particular nation or race. As a poor developing country, Bangladesh
unfortunately faces a lot of such constraints.
One of the major concerns of the country today seems to be violation of the fundamental rights and Human Rights
of its citizens. Human rights refer to the ‘basic rights and freedoms to which all humans are entitled.’Examples of rights
and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the
right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights,
including the right to participate in culture, the right to food, the right to work, and the right to education. In this paper it is
concerned about the violation of life and liberty by the authorities who have to protect the right that means the law
enforcement agencies.
The barbaric practices of extra-judicial killings and custodial torture have existed and still exit in many countries
of the world. In Bangladesh, these practices started right after the country’s independence and have continued till today,
with different intensities at different times. The elite ‘RAB’ was formed by the last BNP government in 2004 to fight
serious crimes along with the police forces. They were successful to some extent in their stated missions including the
BEST: International Journal of Humanities, Arts,
Medicine and Sciences (BEST: IJHAMS)
ISSN (P): 2348-0521, ISSN (E): 2454-4728
Vol. 3, Issue 12, Dec 2015, 131-142
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