Asian Human Rights Commission

[Ed. Note: This statement was issued by the Asian Human Rights Commission (AHRC) on Nov. 28, 2002.]

Article 11 of the Constitution of the People's Republic of Bangladesh states:

"The republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed [and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured]."

After the presumed failure of the civil administration and in the name of restoring law and order in the country, the government of Bangladesh has launched a military-led operation commonly referred to as Operation Clean Heart. Thus far, the operation has remained unaccountable, lacks clear internal guidelines and is based upon the vague institutional boundaries between the civil administration and the military. There have been numerous reports of serious human rights violations, such as extrajudicial killings, deaths in custody, torture and arbitrary action, by the military during this operation. Newspaper reports have cited 26 deaths in custody and hundreds of people arbitrarily arrested by the authorities.

A recent incident brought to the attention of the Asian Human Rights Commission (AHRC) is the arrest, harassment and intimidation of journalists in Bangladesh by the military and police. The arrests occurred after an intimidation campaign by state security police against the journalists and their two assistants. Directors of the Bangladesh Centre for Development, Journalism and Communication (BCDJC) have also been under surveillance and threatened for helping foreign journalists.

In the current scenario, the major reason for human rights violations is the involvement of non-civilian institutions in civil administration in a democratically governed country. In reality, the situation has been aggravated by the fact that the civil administration has sought to legitimise such crimes as extrajudicial killings, deaths in custody as the result of torture (the death of an old man on Nov. 2, 2002, at Tangail General Hospital is among many others reported) and human rights violations committed during the operation. AHRC fears that this action will have serious consequences for the country's democratic institutions and poses a severe threat to democracy in Bangladesh. At the same time, the situation seems to be moving towards the use of state institutions to eliminate political rivals, such as the arrest of Jatiya party leaders in Nilphamari District.

Countries with the worst human rights records have some basic indicators that deny individuals their basic legal rights, for example, the establishment of military courts to deal with criminal matters, a lack of understanding among the political leadership of a country in realising the difference between civil disorder and a national emergency, overlapping activities between the military and police and many more of this nature.

AHRC is deeply concerned about the current operation; and in light of the rights guaranteed by the Constitution of the republic, AHRC voices the following concerns of the people of Bangladesh and of the international community:

1. The applicable law requires that in the administration of justice the police should deal with criminal offences. What is the level of police involvement, and what are the legal guidelines to deal with this situation?

2. If such an operation has been launched under the presumed failure of the civil administration, has the government made enough effort to reform the police?

3. Has the government exhausted all means to improve the situation?

4. Under which applicable legal framework has the military presumed such a role in law and order and the administration of justice?

5. If there is some legitimacy in the military's mandate in the administration of justice, then what exactly is the role of the military and police in Bangladesh?

6. Simultaneously, the people of Bangladesh and the international community are interested in knowing the future plans of the government in the administration of justice.

7. Which internal procedures, guidelines or directions have been followed by the military during Operation Clean Heart?

8. Who has determined the criminality of people arrested, tortured and killed during the course of this so-called restoration of law and order?

9. The military arrests people, and the current practices imply that the state institutions have gone through the processes of proving the criminality of listed individuals (the national newspapers use the term "listed terrorists"). Could the State make this information available to the public?

AHRC would appreciate if the relevant authorities would take the necessary measures to provide the public and the international community with the required information. In the absence of any answer, this operation is not only in violation of the applicable laws of the country but is a serious breach of international human rights law and international standards of the administration of justice.

As a regional human rights network, AHRC appeals to the judiciary of Bangladesh and international bodies to intervene and pursue an independent investigation into the gross human rights violations being committed by state actors in Bangladesh.

 

Do You Know That You Are Heroes Mark Tamthai [Ed. Note: This poem is in honour of the grassroots people's movements in Thailand.] It must have been cold there on the margins, Hoping the darkness would not last. Society deaf to all your voices, Trying to keep you in the past. But you have overcome your prison By overcoming fear and rage. History's chains have now been broken. You are writing a brand new page. Do you know that you are heroes. Heroes all-right from the start. Heroes lighting up the darkness. Heroes standing in my heart. Even when those who look down on you Spread false and cruel words all around, Patiently, you give your answer. Peacefully, you stand your ground. For what you've taught us, we are thankful. You've taught us all how to be "Thai." For what you've shown us, we are grateful. You've shown us hope will never die. Do you know that you are heroes. Heroes all-right from the start. Heroes lighting up the darkness. Heroes standing in my heart.