The Police has
been criminalized by Military Regimes
Is Khaleda Zia
making General Musharraf her Role Model
By
Saleem Samad
DHAKA, Bangladesh:
Is the pro-rightist Bangladesh Prime Minister Begum Khaleda Zia
following in the footsteps of Pakistan’s military ruler
President General Pervez Musharraf and looking at him as a role
model?
Recently
an influential daily in a front page article said the government
had ordered the army to control law and order and is likely to
take a serious move to form a “National Security Council”
to deploy the army in any future ’anti-crime crackdown’.
The
proposed council, more or less similar to what General Musharraf
is trying to impose in Pakistan, will have the authority to decide
on army deployment for any anti-crime drive in future and will
be provided a proper constitutional cover. The proposed ’National
Security Council’ is likely to be headed by the President
and will include the Home Minister, chiefs of three services and
heads of the civil and military intelligence agencies.
Bangladesh
authority swiftly denied any plans for setting the National Security
Council headed by the President or the Prime Minister, which also
includes Leader of the Opposition and chief of armed forces. The
government spokesperson dubbed it as a rumor.
Hastily
in a week of army’s deployment in their new role as “crime-fighters”
a new law has been promulgated to try over 5,500 suspects nabbed
for their alleged involvement in crimes. President Iajuddin Ahmed,
an academician promulgated “Special Tribunal for Speedy
Trial Ordinance” of six major criminal offences like rape,
possession of illegal arms, narcotics and explosives and hoarding
and said that the trial will follow the Criminal Procedure Code
(CrPC).
The
special courts at divisional cities and big district towns are
yet to begin their activities. After a heated debate, the ruling
party passed the bill in the parliament this week by a voice vote.
The
Home Ministry explained that the army troops has been deployed
in the aid of civil administration under the legal coverage of
the existing laws. Letting the army out of the barrack was nothing
new, the officials argued. They said Shiekh Mujibur Rahman, founder
of Bangladesh twice in 1973 and 1974 called army for anti-smuggling
operations and for food movement. Home Minister Air-Vice Marshal
(r) Altaf Hossain Chowdhury said that the joint operation attained
significant headway because of non-interference of the ruling
party.
Decision-makers
of ruling pro-right Bangladesh Nationalists Party are worried
about the development since the army has been deployed in mid
October to clamp “crime and criminals”. Thousands
of detainees held by the army have been handed over to police
and sent to prison under notorious detention laws. However, countrywide
anti-crime drive would not neutralize criminalization of politics,
corruption in bureaucracy, nepotism, pilferage of state properties
or grabbing of public land by political elements.
The
influential ruling party leaders are embarrassed after Bush Administration
expressed concern and London-based Amnesty International urged
government to investigate into the deaths of suspects under military
custody caused by torture and brutal methods. On an average one
person has died each day since the military has been deployed.
Amnesty
International urged Khaleda Zia’s government to investigate
immediately all allegations of deaths in custody and torture by
the army and the police. “The government must bring to justice
any army or police personnel involved in the torture of detainees,
and clarify the legal status of army’s involvement in arrests
of civilians,” the London-based rights group said in a statement
widely covered in Bangladesh press.
Most
of the detainees, who are mid-level and senior leaders and belong
to either ruling pro-right Bangladesh Nationalists Party (BNP),
pro-nationalist Awami League and pro-Islamist Jamaat-e-Islami,
who were produced in courts gave similar accounts of cruelty during
interrogation by the army.
Contradicting
Amnesty’s statement, Harris Chowdhury, political secretary
to the Khaleda Zia Government remarked that the "concern
for harassing innocents is not correct at all." He added
that, "We are respectful to the Amnesty's concern and are
taking full precautions so that human rights and laws are not
violated during the drive," he added.
In less than five weeks of the anti-crime drive nearly 26 persons
died as result of military actions. Several families of the detainees,
reported in the print press and private electronic news channels,
accused Bangladesh army of torture and cruelty during interrogation
in contravention of laws and fundamental rights.
Till
early November, three lawmakers Sheikh Fazlul Karim Selim, MP
and Talukder Abdul Khaleque from Awami League and Hemayet Uddin
Auranga, an independent MP were picked up by army and detained
under these notorious draconian laws.
Bangladesh
Sangsad (parliament) Speaker Jamiruddin Sircar seems
unmoved on the arrests of three Members of Parliament. The MPs
were detained without any charge and questioned at unspecified
“interrogation cells” before being produced before
magistrates and later sent to prison. The independent MP was blindfolded
and hands tied behind with a rope. His licensed firearms and ammo
were splashed on front pages of the national press.
"Any
citizen can also arrest anybody on suspicion and hand over the
suspects to the law enforcing agency," the Speaker said when
reporters sought comments regarding the arrests. Liberation war
hero, Bangabir Kader Siddique, MP protesting the detentions and
the interrogation said it was a shame for the nation.
In
an editorial, the independent Daily Star commented that
“top politicians' arrest tainted an otherwise welcome drive
against criminals” and urges that “army must be kept
above politics.”
BSEHR
general secretary Advocate Sigma Huda, and wife of an influential
ruling party leader Barrister Nazmul Huda, minister for communication
said such actions by the military would damage the image of the
government. While Masood Alam Ragib Ahsan, executive director
of Odhikar said the expected arrests of underworld dons and recovery
of illegal weapons was not satisfactory and contributed to problems.
He demanded probe and trial of persons responsible for deaths
of “innocent” persons in military custody.
Political Secretary to the Prime Minister Chowdhury,
in a statement, said the government has no report of any deaths
due to torture by the law enforcers, although the government had
reports of some deaths of the detainees who have died of “cardiac
arrests”.
United
States expressed concern about reports of abuse by the Bangladesh
military troops in combating crime recently and said the Bush
administration is closely watching the situation in Bangladesh.
State Department spokesman Richard Boucher said, "We hope
that this operation, even though it was ordered by a democratically
elected government will last only as long as absolutely necessary
and that other measures will be taken to bring about permanent
improvement in law and order."
During
the brief sojourn in end October, World Bank’s vice-president
Mieko Nishimizu felt that the country needed to find meaningful
way to address the law and order problem that cost the economy
a lot. "Bangladesh could have better economic growth if peace
and security were ensured. Law and order problem stems from misuse
of power and people’s strength is the ultimate answer to
it," she remarked.
In
unexpected swing to cease simmering discontent, the Prime Minister
early November at a “regular meeting” with the Bangladesh
Army Commanders at its headquarters directed that innocent people
should not be subjected to harassment.
Khaleda,
also in-charge of the Defense Ministry in her three-point directives
to avert controversy urged the army to respect fundamental rights
and proceed cautiously in the ongoing anti-crime so that excesses
can be avoided, officials said.
She
also hinted that army would continue to support her anti-crime
campaign which has also been supported by the opposition party
in parliament. She instructed to be careful so that no one dies
for negligence; innocent people are not harassed; and sanctity
of the holy month of Ramadan is not hampered during operation.
The meeting also discussed army’s role to ensure free and
fair Union Parishad (village council) election scheduled early
next year.
Political
observers said prime ministers directives indicated that the army
would continue to be deployed in the month of fasting and until
the local government elections expected during mid-January and
mid-February.
Criticizing
the government, opposition leader Shiekh Hasina said that the
government is manipulating the army to further its political agenda
of “witch-hunting” of Awami League leaders and activists.
She urged the government not to create controversy of Bangladesh
army’s role as “crime-fighters.”
The
opposition warned that the government is using army as a “shield”
to repress the opposition and described the “parallel rule”
as unconstitutional and undemocratic. Sheikh Hasina, however did
not comment on the return of army to the barracks and instead
urged that the army should be told to exercise neutrality.
During
the army’s anti-crime drive, former President General (r)
Hussein Muhammad Ershad was stopped at the departure lounge of
the Dhaka airport while taking a flight to Singapore with his
second wife Bidisha and daughter. He said it was embarrassing
for him as the authorities failed to produce any reason for the
ban on his departure. He refused to state whether he would seek
legal means from the higher courts.
Ershad in a bid to win the hearts of the army warned intellectuals
and academicians not to undermine the army, which he described
has “turned into a fashion” for them. Ershad, leader
of Jatiya Party said that it was the army, which has provided
a sense of security and peace in the society.
Dr
Hameeda Hossain, executive director of an influential rights organization
Ain-o-Shalish Kendra (ASK) questioned the legal status of the
army's involvement in the ant-crime operation and told BBC radio
recently, “it is not clear”. The practices of the
army in conducting raids, mass arrests, arbitrary detention, interrogation
in unknown places and without the presence of magistrates and
defense lawyers contravention to fundamental rights stipulated
in state constitution and Criminal Procedure Code, she explained.
Mahfuz
Anam, editor of an influential Daily Star in a first page commentary
questions: How can a democratic government be so silent? How can
an elected government shut itself to the press in such a manner?
One of the fundamental components of democracy - accountability
of the government - appears totally absent at the moment.
What
is next? The civil society ventilating their opinion in a series
of op-eds poses volleys of questions and rationales. After the
army is withdrawn to the barracks and law and order is again given
to the incompetent police force would the culture of crime significantly
reduce?
Police
administration in BD is weak and has its limitation in fighting
rising crime by the underworld. Police has insufficient funds,
inadequate operational skills and above all are helpless in the
face of political pressure. The once dignified police administration
has been criminalized during military governments in Bangladesh
until 1991.
