The Biden administration’s sanctions on the Rapid Action Battalion marks the first time a Bangladeshi security agency has been sanctioned for human rights abuses. There is a risk that sanctions may be extended to other security forces, which in the end will endanger Bangladesh’s contributions to UN peacekeeping. The world’s largest peacekeeping country cannot afford to be sanctioned.
The government knows well that sanctions are not immediately lifted once imposed. If history is anything to go by, sanctions remain in place for decades until a transformation takes place. If Bangladesh was committed to democratic values, the sanctions would have caused enough of an uproar to hold the RAB leadership and the Inspector General of Police accountable. At the very least, those sanctioned should resign from their positions if not sacked.
Those who do not have the national interest of Bangladesh at heart -- ie, maintaining the integrity of our UN peacekeeping contributions -- are risking it all by the knee-jerk reaction to US sanctions. What if the State Department employs the Leahy Law to further sanction Bangladeshi security forces?
The whataboutism coming from our ministers is not helping one bit. These ministers should be reminded that it was Prime Minister Sheikh Hasina who exposed RAB’s human rights problem while she was leader of the opposition during the tenure of her predecessor, Khaleda Zia.
RAB is after all a creation of the BNP government. RAB was established in 2004. It was the pride of the BNP government. The Awami League promised to end the practice of “crossfire.” The Awami League once consulted Human Rights Watch and Amnesty International for a human rights centric agenda. Alas, the Awami League has now taken on the misguided pride of the BNP as its own.
What needs to happen for Bangladesh to experience a human rights transformation? Bangladesh needs to focus on human rights because the world needs Bangladesh to lead on human rights. Do we have to wait until the next election? Democracy is not only about elections.
If Bangladesh can disband and reorganize the BDR into BGB, why not disband and reorganize RAB into an organization that operates in line with the laws and constitution of the country? If RAB is inviting sanctions on the Bangladeshi state, then it is a sheer waste of taxpayer money to prop up RAB.
Torture cannot be the norm
Torture is constitutionally banned in Bangladesh since 1972. Article 35 (5) of the constitution stipulates that “No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.” The Awami League led Bangladesh’s accession to the Convention against Torture in 1998. The Awami League enacted the first anti-torture statute in 2013. The first conviction under the anti-torture law was delivered under the present government in 2020.
Despite these legal measures taken, torture is a reality in Bangladesh. The law on torture is simply flouted by members of the law enforcement agencies. Many contend that moral opposition to torture is “unrealistic,” especially in the context of the war on terror. But this argument is a travesty. There is no empirical evidence to suggest that torture improves the rule of law. If anything, torture causes a deterioration in the rule of law.
The prohibition and illegality of torture is absolute in the same vein as slavery and rape. To justify torture would be to justify slavery and rape. Torture must end. Bangladesh must not torture. We do not want our state to be a torturer.
The judiciary of Bangladesh was once active in upholding fundamental rights. The High Court in Aruna Sen v Government of Bangladesh set a precedent by ending unlawful detention under the Special Powers Act. The court referred to the case of West Pakistan v Begum Agha Kashmiri and the dissenting opinion of Lord Atkin in Liversidge v Anderson. Why is such judicial activism missing today?
In the case of Public Committee against Torture in Israel v Israel, Chief Justice Aharon Barak opined that it is the destiny of democracy to avoid the practices available to democracy’s enemies. Democracy should have the moral upper hand. Parliament is supreme and courts cannot allow a derogation from ordinary law even in extreme circumstances. The Bangladeshi parliament has prohibited torture. The courts must uphold the will of parliament. There can be no derogation from the will of parliament.
The Israeli case also laid out a subjective test to determine whether any practice would qualify as inhuman treatment. The Israeli court held that sleep deprivation at nighttime was inhuman treatment.
Bangladesh must also be smart about the death penalty. Prime Minister Sheikh Hasina appears confident of her administration and its ability to maintain law and order. Hence, we should be confident about abolishing the death penalty and ensuring life imprisonment for convicts.
Ending capital punishment will undoubtedly be a moral victory in our pursuit of getting back the convicted assassins of Bangabandhu Sheikh Mujibur Rahman. Our neighbours Bhutan and Nepal have abolished capital punishment. Turkey, one of Bangladesh’s close friends, has also abolished capital punishment. The government must consider the benefits of ending capital punishment.
As the country seeks to democratize the middle income dream, it must be mindful of the importance of human rights in ensuring continuity with our largest trading and development partners. Torture and extrajudicial killings were widely employed during the 1971 genocide. It is a moral imperative that the Bangladeshi state transforms itself into a beacon of human rights and liberty.
Umran Chowdhury works in the legal field.