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Rancul Ratha

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Jun 13, 2024, 6:20:28 AM6/13/24
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The civilian authorities maintained effective control of the security forces. The Home Affairs Ministry controls the police and paramilitary forces, which have primary responsibility for internal security. The military, primarily the Army, is responsible for external security but also occasionally has been given domestic security responsibilities. Security forces were rarely disciplined, even for the most egregious actions. Police were often reluctant to pursue investigations against persons affiliated with the ruling party, and the Government frequently used the police for political purposes. There was widespread police corruption and lack of discipline. Members of the security forces committed numerous serious human rights abuses. The country had a primarily agricultural and market-based economy and a population of approximately 138.4 million. The Government owned most utility companies, many transport companies, and many large manufacturing and distribution firms. The projected economic growth rate for the fiscal year was 5.2 percent, which fell short of the estimated 7 percent needed to reduce significantly the poverty that afflicts 30 percent of the population. Wages and benefits have kept pace with the relatively low rate of inflation. Economic conditions in the country were primarily impacted by a multitude of structural weaknesses the Government had not adequately addressed, and general strikes, often politically motivated, took a heavy toll on the economy. Efforts to improve governance through reform were largely unsuccessful, and often blocked by bureaucratic intransigence, vested economic interests, endemic corruption, and political polarization. The Government's human rights record remained poor, and it continued to commit numerous serious abuses. Security forces committed a number of extrajudicial killings. The police; the paramilitary organization, Bangladesh Rifles (BDR); the auxiliary organization, Ansar; and the army used unwarranted lethal force. The police often employed excessive, sometimes lethal, force in dealing with opposition demonstrators, and the police routinely employed physical and psychological torture during arrests and interrogations. Prison conditions were extremely poor and were a contributing factor in some deaths in custody. Police corruption remained a problem. Nearly all abuses went unpunished, and the climate of impunity remained a serious obstacle to ending abuse and killings. In February, Parliament adopted legislation shielding security forces from any legal consequences of their action, which included numerous abuses during the countrywide anti-crime drive from October 16, 2002, to January 9. In the few instances where charges were levied, punishment of those found guilty was predominantly administrative. Violence, often resulting in deaths, was a pervasive element in the country's politics. Supporters of different political parties, and often supporters of different factions within one party, frequently clashed with each other and with police during rallies and demonstrations. Press reports of vigilante killings by mobs were common. There were no reports of rape in official custody during the year, but 31 cases of rape by either police or other officials were recorded. In addition, there were credible reports that police facilitated or were involved in trafficking in women and children. Human rights groups and press reports indicated that vigilantism against women for perceived moral transgressions occurred in rural areas, often under a fatwa (a proclamation from an Islamic leader), and included punishments such as whipping. Rejected suitors, angry husbands, or those seeking revenge sometimes threw acid on a woman's face. The Government arrested and detained persons arbitrarily, and used the Special Powers Act (SPA) and Section 54 of the Code of Criminal Procedure (CrPC), which allowed for arrest without a warrant and preventive detention. In 2002, the Government replaced the Public Safety Act (PSA), which lacked bail provisions, with the Speedy Trial Act (STA), which provided for quicker disposal of cases and bail. The lower judiciary was subject to executive influence and suffered from corruption. A large judicial case backlog existed, although wider use of mediation in civil cases quickened the administration of justice. Lengthy pretrial detention was a problem. Police searched homes without warrants, and the Government forcibly relocated illegal squatter settlements. Virtually all journalists practiced some self-censorship. Attacks on journalists and efforts to intimidate them by government officials, political party activists, and others increased. The Government limited freedom of assembly, particularly for political opponents, and on occasion, limited freedom of movement. The Government generally permitted a wide variety of human rights groups to conduct their activities, but it brought a number of nongovernmental organizations (NGOs) under intense scrutiny. Societal discrimination against disabled persons, indigenous people, and religious minorities was a problem. The Government limited worker rights, especially in the Export Processing Zones (EPZs), which are exempt from the major labor laws, and was ineffective in enforcing those workers' rights in place. Child labor and abuse of child workers remained widespread and were serious problems. Abuse of children and child prostitution were problems. Violence and discrimination against women remained serious problems, as did trafficking in women and children for the purpose of prostitution and at times for forced labor. RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life Security forces committed a number of politically motivated and extrajudicial killings. The police, the BDR, the Ansars, and the army used unwarranted lethal force. During the year, 81 persons died as a result of the use of lethal force by the police and other security forces, and another 113 persons died in prison and police custody during the year (see Section 1.c.). Nearly all abuses went unpunished, and the resulting climate of impunity remained a serious obstacle to ending abuse and killings. In the few instances where charges were levied, punishment of those found guilty was predominantly administrative. On February 23, the Parliament adopted legislation to shield security forces from legal consequences for all their acts during the countrywide joint security forces "Operation Clean Heart" anti-crime drive, which caused an estimated 50 deaths and involved an unknown number of torture victims. The Joint Drive Indemnity Act barred people from seeking justice through the courts for the deaths and human rights violations that occurred during the drive, which lasted from October 16, 2002 through January 9. On April 13, the High Court issued a show cause notice to the government regarding the legality of the Indemnity Act, but there were no developments at year's end. On July 4, Gorai village (Tangail District) police arrested Mobarak Hossain and reportedly demanded payment of $400 (taka 20,000). When his family could not pay, Mobarak's mother stated that she witnessed police beat her son in the police station. The following day, Mobarak's brothers were told that he had committed suicide by hanging. Hospital doctors found no evidence of hanging. The official autopsy report recorded the death as suicide. Three policemen were withdrawn from duty following the incident. Mobarak's wife filed a case against police officials with a magistrate's court, and a judicial inquiry was ongoing at year's end. In a similar incident on the evening of October 23, police arrested Shumon in the Khilgaon section of Dhaka city. He was taken into police custody after allegedly attempting to commit a robbery. No charge was filed against him, and the owner of the house where the robbery supposedly took place later said he was forced by police to implicate Shumon. When Shumon's family went to the jail, the second officer in charge demanded $500 (taka 30,000) for their son's release. Shumon's family was unable to raise the entire amount on such short notice. When they went to the jail the next morning, Shuman's parents found him lying on the floor so severely beaten he could not stand. When Shumon's father contacted the officer in charge, the officer demanded an additional $1,700 (taka 100,000) to release Shumon on bail. The officer became angry when Shumon's father could not give him the money, and began to beat Shumon in plain view of his parents. Eventually Shumon fell unconscious and was transferred to Dhaka Medical College Hospital, where he died the next afternoon. The officer in charge was relieved of his duty, and Shumon's family filed cases against both him and the second officer. On November 4, a three-member investigation committee reported that Shumon died as a result of a mob beating, and that there was no evidence to support his parents' claim of police extortion. In October 2002, during "Operation Clean Heart," according to a newspaper report, army personnel assaulted, tortured, and killed Abul Hossain Litu at his poultry farm. After Litu's wife filed murder charges against the army forces, a lower court ordered police to investigate the charges. The Joint Drive Indemnity Act made this case null and void. Litu's wife filed a petition with the High Court questioning the constitutionality of the act. Violence, often resulting in deaths, was a pervasive element in the country's politics (see Sections 1.c. and 3). Supporters of different political parties, and often supporters of different factions within one party, frequently clashed with each other and with police during rallies and demonstrations. According to human rights organizations, more than 436 persons were killed and 6,281 injured in politically motivated violence throughout the year (see Sections 1.c., 1.d., and 2.a.). Unlike in previous years, there were no reports of deaths from violence related to general strikes. After charges were filed in 2002 regarding the 1999 killing of BNP activist Sajal Chowdhury, the High Court stayed the proceedings based on a petition from the main defendant, a former AL Member of Parliament (M.P.), claiming that the Government was not seriously pursuing the case. There were no developments in the case of the 1975 killing of Sheikh Mujibur Rahman. The appeals process was stalled because three of the 7-member appellate panel of the Supreme Court refused to hear the case, and two other judges were recused due to their participation in the hearing at the High Court level. On December 3, the Government announced appointment of special public prosecutors to conduct the trial in the case of four of the eight persons accused of perpetrating the November 1975 killings in jail of four senior AL leaders. The appointments were made on recommendations of the Deputy Leader of the opposition in parliament. Press reports of vigilante killings by mobs were common. On April 30, 13 alleged robbers were lynched in Mymensingh, and during the week of December 6 villagers lynched over 40 alleged bandits in the Noakhali district. Press editorials and observers commented that the increasing mob violence reflected a breakdown of law and order and a popular perception that the criminal justice system did not function. In November, garment workers launched a protest at a factory in Narayanganj District's industrial area. Police were called to the scene and one person, Kamaluddin, was killed during the altercation. Human rights and labor organizations alleged that many more garment workers were missing and presumed dead. A local NGO found a list posted after the event in the emergency ward of a hospital noting 94 persons injured by police and private security forces. Domestic and international organizations publicly called for an investigation, but none had been initiated at year's end. Violence along the border with India remained a problem. According to press accounts and human rights groups, border violence claimed several hundred citizen lives during the last 6 years. Domestic human rights NGOs reported that Indian border forces killed as many as 44 citizens during the year. b. Disappearance Disappearances were a problem. According to press accounts monitored by the Bangladesh Society for the Enforcement of Human Rights (BSEHR), a total of 910 people were kidnapped during the year. Some kidnapping was for profit. For example, on December 17, Bakhtiaruddin Chowdhury, a businessman in Chittagong, was abducted, and his captors demanded a ransom of $17,125 (1 million taka). Choudhury was released within 24 hours of his abduction. According to press reports, Choudhury may have paid the ransom, but this was not possible to verify. In general, released victims were unwilling to admit to ransom payment for fear of further attack. Some abductions likely had political motives. For example, the July 24 kidnapping of BNP leader and prominent businessman Jamaluddin Choudhury from Chittagong remained unsolved. His abductors allegedly were linked to politicians and police.

The trial begun in 2002 concerning the alleged abduction and disappearance in 2000 of BNP official Nurul Islam concluded in December with Abu Taher, the main defendant, acquitted and five others given the death sentence. There were no developments in the trial begun in 2002 concerning the disappearance of Mintoo Ghosh. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The Constitution prohibits torture and cruel, inhuman, or degrading punishment; however, police routinely employed physical and psychological torture as well as cruel, inhuman, and degrading treatment during arrests and interrogations. Torture may consist of threats and beatings, and the use of electric shock. According to the Bangladesh Rehabilitation Center for Trauma, there were 1,296 victims of torture and 115 deaths due to torture by security forces during the year (see Sections 1.a., 1.d., 2.a.). Victims were predominantly from the lowest end of the economic scale. The Government rarely charged, convicted or punished those responsible, and a climate of impunity allowed such police abuses to continue. On June 16, three policemen came to the house of Babul, Purbapara Chunkutia village (Keraniganj), demanding payment of $350 (taka 20,000). They accused him of being involved in illegal drug trade and pressed him to share his profit with them. When he denied dealing drugs, the policemen beat him. Because he attempted to escape, policemen slapped and hit Babul's pregnant wife and her father with a baton. The three policemen were given temporary administrative duty following investigation. According to BSEHR, outside of official custody there were 31 incidents of rape by law enforcement personnel or other officials during the year. For example, press accounts reported that a policeman of Jibon Nagor police station in Chuadanga district raped Rubina Khatun on September 11. In another incident, on October 18, a soldier on leave from the East Bengal Regiment allegedly raped a 14-year-old girl from Safaisree in Gazipur district. According to press accounts, police arrested the soldier, and the case was allegedly settled without a trial by a payment to the victim's family. In addition, after women reported that they were raped, they frequently were detained in "safe custody" (in reality, confined in jail cells) where they endured poor conditions and were sometimes abused and raped again (see Section 5). Although the law prohibits women in safe custody from being housed with criminals, in practice, no separate facilities existed. In 2002, the Government began transferring women in safe custody to vagrant homes or NGO-run shelters, where available. Police occasionally employed excessive force in dealing with opposition demonstrators. For example, on December 13 police clubbed a procession near Muktagnon in Dhaka causing injuries to some procession participants. Police corruption remained a problem, and there were credible reports that police facilitated or were involved in trafficking in women and children (see Section 6.f.). In 2002, the Law Commission, an independent body, recommended amendments to Section 54 to curb police abuse. None of the recommendations had been adopted by the end of the year. In an effort to curb police abuses, the High Court April 7 issued a 15-point directive to amend the CrPC by mid-October. At year's end, this had not happened (see Section 1.d.). Extortion from businesses and individuals by law enforcement personnel and persons with political backing was common, and businessmen on several occasions went on strikes to protest the extortion. Human rights groups and press reports indicated that vigilantism against women for perceived moral transgressions occurred in rural areas, often under a fatwa (see Section 2.c.), and included punishments such as whipping. During the year, 36 fatwa cases occurred. In these cases, five persons were lashed and others faced punishments ranging from physical assault to shunning of families by their communities. Rejected suitors, angry husbands, or those seeking revenge sometimes threw acid on a woman's face (see Section 5). Prison conditions were extremely poor and were a contributing factor in some custodial deaths. During the year, 90 persons died in custody (see Section 1.a.). All prisons were overcrowded and lacked adequate facilities. Government figures indicated that the existing prison population of approximately 67,354 was nearly 300 percent of the official prison capacity of approximately 25,000. Prison population figures included 1,910 women. There were 276 persons in prison under 18 years of age. Of the entire prison population, 45,173 were awaiting trial, and 21,251 had been convicted. In most cases, cells were so crowded that prisoners slept in shifts. A new prison facility in Kashimpur, north of Dhaka, opened in 2001, although the first phase of construction had not been completed at year's end. There also were reports of rampant corruption and irregularities in the prisons. According to a 2002 newspaper report, a deputy inspector general (DIG) of prisons fled from Chittagong after receiving death threats because of his investigation of irregularities in the jail, where he confiscated two truckloads of unauthorized materials, including knives and liquor, intended for criminals incarcerated there. Juveniles were required by law to be detained separately from adults; however, due to a lack of facilities, in practice many were incarcerated with adult prisoners. A High Court in April directed the Government to house accused juveniles apart from other prisoners and to transfer them to correctional homes expeditiously. The court also directed the Government to include child rights organization representatives on the list of non-official jail visitors. Women were detained separately from men, but faced the same extremely poor conditions. Pretrial detainees were not held separately from convicted prisoners. In general, the Government did not permit prison visits by independent human rights monitors, including the International Committee of the Red Cross (ICRC). Government-appointed committees of prominent private citizens in each prison locality monitored prisons monthly, but did not release their findings. District judges occasionally also visited prisons, but rarely disclosed their findings. d. Arbitrary Arrest, Detention, or Exile

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