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Human rights enjoyment in a red zone?
“Freedom, Equality and Justice for All” is the theme for this year’s Human Rights Day. However, the fundamental tenet of the Universal Declaration of Human Rights—of dignity and equality in rights—has come under major assault in Bangladesh in recent times. In a political dispensation that systematically and severely curtailed many fundamental freedoms of the citizenry (including those of freedom of expression and assembly and the right to protest) through the application of restrictive laws and deployment of law enforcement agencies, the opposition boycott of the national polls triggered a massive clampdown on October 28.
The crackdown has resulted in the arrest and detention of tens of thousands of activists. The families of those detained have reported police’s highhandedness at the time of arrests. In a number of instances, relatives of those absconding were also picked up. With an increased number of inmates, the prison system now holds more than double its capacity. Several cases of deaths in custody of recent detainees have been reported.
Many of those detained have subsequently been implicated in cases in which unidentified persons were recorded as perpetrators of acts of violence. A large section of the detainees claim they have been wrongly implicated in fictitious cases. The shoddiness of the investigation process is especially palpable given that opposition activists who are already in prison or are overseas or passed away years ago were also charged and sentenced for committing violent acts recently.
During October-November, the legal process appeared to have gained traction that led to the sentencing of a large number of opposition activists. Perhaps in the zeal to sentence opposition leaders and activists before the election so they stand barred from contesting it, the frequency of court dates reached a new height. In some instances, the proceedings continued till late in the evenings.
In almost all cases involving opposition activists, they were found guilty (though in a few cases individuals may have been exonerated). This is in contrast to the average conviction rate of 20 percent in all categories of criminal cases and only three percent in cases involving rape.
Inequality in accessing justice is stark. The case involving Parul (a mother of four, who was gang-raped after she voted for BNP in the 2018 election) still remains pending, while investigation involving thousands of BNP activists are now being completed over a very short period. The travesty of justice becomes obvious when high-ups from the police issue instructions to ensure that investigating officers stick to the accounts in the charge sheet when being cross-examined under oath, and otherwise face consequences.
The homes and property of opposition activists were vandalised allegedly by supporters of the ruling party (on occasion by individuals wearing helmets to conceal their identity). The victims’ families have complained that law enforcers failed to provide them protection. On other occasions, ruling party supporters took the law into their own hands, detained opposition activists, and handed them over to the police, often after brutalising them.
Conscientious citizens are concerned about the authorities resorting to intimidation, violence, and arrest in dealing with human rights defenders, journalists, and protesters. They are dismayed by the state’s failure to hold the ruling party supporters to account. In the run-up to the national election, such actions have come under international scrutiny as well and resulted in CIVICUS Monitor, a globally renowned institution, to downgrade Bangladesh’s civic space to be seen as “closed”—its worst rating.
There is a strong case to reverse the current course. And for doing so, the government must bring an end to the prevailing practices that have contributed to major human rights violations. No less important is the creation of an enabling condition that will allow all political parties to genuinely participate in elections.
In almost all cases involving opposition activists, they were found guilty (though in a few cases individuals may have been exonerated). This is in contrast to the average conviction rate of 20 percent in all categories of criminal cases and only three percent in cases involving rape.