IGP's statement in favour of extrajudicial killing, TIB wants top police to go
Graphics: Agamir Somoy
Transparency International Bangladesh (TIB) has expressed strong condemnation and concern over the statement by the Inspector General of Police (IGP) that "if government permission is obtained, police will not hesitate to resort to crossfire if necessary to maintain law and order."
The organization said such a statement sends a dangerous message of establishing extrajudicial killings as a tool for crime suppression. TIB has demanded the withdrawal of the IGP's statement, a public unconditional apology, and ensuring his administrative accountability. At the same time, the organization has called for his removal from duty until accountability is ensured.
TIB made these demands in a statement sent to the media on Monday.
The statement said that instead of addressing failures in maintaining law and order and institutional weaknesses, presenting extrajudicial killings like crossfire as an acceptable method of crime suppression amounts to contempt for the Constitution and the rule of law.
"Government permission cannot legitimize extrajudicial killings"
Dr. Iftekharuzzaman, Executive Director of TIB, said there are questions about whether the police chief wants to use crossfire to cover up the police's failure in maintaining law and order. The attempt to legitimize extrajudicial killings by adding the condition of government permission also indicates failure to legally suppress crime.
"The police's duty is to identify criminals through professional investigation and to bring the accused to trial based on acceptable evidence. Bringing crossfire forward as an alternative to this is not a solution to institutional weakness; rather, it is an example of professional bankruptcy," he added.
Highlighting inconsistencies in the IGP's statement, Dr. Iftekharuzzaman said that on one hand it is being said that duties will be performed according to law and the Constitution, and on the other hand it is being said that crossfire will be resorted to if government permission is obtained. These two positions are contradictory. No government's permission can legitimize extrajudicial killings.
"Police have no jurisdiction to kill bypassing the judicial process"
"Articles 31 and 32 of the Constitution guarantee the right to protection of law and the right to life and personal liberty, which cannot be annulled through executive decisions. However serious the allegation may be, the police have no jurisdiction to kill anyone bypassing the judicial process."
The TIB Executive Director also cited various past incidents. "The punishment of police members in the Sinha murder case and the allegations of extortion, torture, and killing by threatening crossfire that emerged in the case-related report remind us of the severity of such actions. There were also widespread questions over the alleged killing of Teknaf Councilor Ekramul Haque in a so-called gunfight and the audio released by his family. In addition, the punishment of former RAB officials in the Narayanganj seven-murder case is a judicial example of the criminal use of power by law enforcement agencies."
Dr. Iftekharuzzaman said that after these past experiences, when expectations have been created regarding professional reform of the police force and state reform, it is worrying that the possibility of crossfire has once again come to the fore in the police chief's statement. The IGP himself must answer what the police have learned from past crimes.
The TIB Executive Director believes that such a reckless and imprudent statement by the police chief could be considered a covert license for illegal use of force at the field level.
In his words, the IGP's responsibility is to run the police force within the law; when he himself presents crossfire as an alternative, questions arise about his sense of responsibility and suitability for leadership.
TIB also raised the context of the Law Minister's statement on September 14. The organization said that on that day the Law Minister had said the government would not take the path of crossfire to suppress terrorism and that terrorism could be suppressed through existing laws. It is necessary to clarify why the police chief is still raising the possibility of crossfire subject to government permission.
TIB believes the government must explain the inconsistency in the IGP's statement on this matter and how his accountability will be ensured in implementing the government's stated position.
Highlighting the limits of police use of force, the statement said that the use of force must be lawful, necessary, and proportionate. According to international standards, the intentional lethal use of firearms is acceptable only in strictly unavoidable situations to protect life. There is no scope to present this limited opportunity as authorization for extrajudicial killing.
IGP's statement a threat to independent journalism
TIB also raised the context of allegations that journalists are being criticized by police for not paying them money. The organization believes that if there are specific allegations of a crime against any journalist, legal action must be taken based on evidence. Sweeping allegations undermine the role of a free media in establishing oversight and accountability and create a risk of discouraging independent journalism.
According to TIB, the need to ensure the working environment and capacity of the police cannot be an argument for avoiding legitimate criticism.
TIB has called on the government to accept a formal explanation of the IGP's statement, withdraw the statement, publicly offer an unconditional apology, and ensure his administrative accountability. The organization has also demanded his removal from duty until accountability is ensured.
