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Accountability of Law Enforcers

Constitutional changes, indemnity laws created culture of impunity

Sara Hossain tells seminar

Staff Correspondent
The culture of impunity has found a strong footing in our legal system through different amendments of the original 1972 constitution and enactment of laws to protect human rights violators, said Barrister Sara Hossain at a seminar yesterday.
Among other laws, Hossain highlighted the Special Powers Act, and even the Chittagong Hill Tracts treaty that gave protection to those who violated human rights to curb the insurgency in the hills.
However, Hossain said that because of such laws and articles victims often could not seek redress even at the apex court.
She was speaking at a day-long programme on "Strengthening Police Accountability in Bangladesh: Challenges and Strategies” at the CIRDAP auditorium jointly organised by the National Human Rights Commission (NHRC) of Bangladesh and the India-based Commonwealth Human Rights Initiative (CHRI).
Referring to a writ petition filed by Dr Kamal Hossain about the role NH RC played with regards to the seven murders
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in Narayanganj, NHRC Chairman Mizanur Rahman said if the HC through its judgment enhanced the power of the NHRC, they would carry out investigation without fear against all human rights violators, irrespective of their identities.
Regarding Rab, he said, "If you can eradicate the culture of impunity, there is no need to abolish any law enforcing agency."
However, advocate ZI Khan Panna questioned the need for a separate elite force when police could be made equally skilled if provided with proper training, logistics and equipment.
Indian lawyer Vrinda Grover gave example of a directive by the Supreme Court of India in 2006 that directed the states to constitute the State Security Commission to ensure that the state government did not exercise unwarranted influence or pressure on the state police, and that the police could act according to the law and the constitution.
She said that political executive in India used to hold the power to appoint and terminate police chiefs, but now State Security Commission -- a body comprising of politicians and civil society members, even opposition party leaders - appoints the senior most functionary of police for a fixed tenure.
Maya Daruwala, director of CHRI, said that the duty of police was to uphold the law, not just enforce it.