Transparency International Bangladesh (TIB) has condemned remarks by the inspector general of police (IGP) that police would resort to crossfire, if necessary, to maintain law and order with government approval, calling them a dangerous message that could legitimize extrajudicial killings.
The organization said the remarks presented extrajudicial killings as an acceptable means of crime control instead of addressing failures in maintaining law and order and institutional weaknesses. Describing the statements as showing utter disregard for the Constitution and the rule of law, TIB demanded their immediate withdrawal and accountability for the police chief's declaration, which it said contradicted the government's stated position against extrajudicial killings.
TIB Executive Director Iftekharuzzaman said: “Is the police chief seeking to use the discredited practice of crossfire as a shield for the police’s failure to maintain law and order? Does seeking to legitimize extrajudicial killings by making them conditional on government approval amount to an admission of failure to combat crime through lawful means?
“The responsibility of the police is to conduct professional investigations, identify offenders and bring the accused to trial on the basis of admissible evidence. Presenting crossfire as an alternative cannot resolve institutional weaknesses; rather, it is an example of professional bankruptcy.
“In the same remarks, the IGP spoke of discharging duties in accordance with the law and the Constitution, while also saying that the police would resort to crossfire if the government approved it. These 2 positions are contradictory. No government approval can legitimize an extrajudicial killing.
“The rights to legal protection and to life and personal liberty guaranteed under Articles 31 and 32 of the Constitution cannot be set aside by executive decisions. Regardless of the seriousness of an allegation, the police have no authority to kill anyone by bypassing due process.”
Recalling past cases involving law enforcement agencies, Iftekharuzzaman said: “The conviction of police officers in the Sinha murder case, along with allegations reported in connection with the verdict that crossfire was used to extort money, torture people and kill them, serves as a reminder of the horrific nature of this practice.
“The killing of Teknaf municipal councillor Ekramul Haque in a purported gunfight also raised serious questions, particularly following the release of an audio recording by his family and allegations of murder.
“The convictions of former Rapid Action Battalion (RAB) officials in the Narayanganj seven-murder case provide another judicially established example of the criminal abuse of power by law enforcement agencies.
“Despite thousands of such experiences, and amid public expectations for police reform and broader state reform, the police chief is once again raising the prospect of crossfire. He must answer the question of what lessons the police have learned from past crimes.”
Iftekharuzzaman further said: “Such reckless and ill-considered remarks by the police chief could be perceived as an implicit license for unlawful use of force at the field level. When the person responsible for ensuring that the force operates within the law presents crossfire as an alternative, questions about his sense of responsibility and suitability for leadership inevitably arise.
“How can the public trust that, under his leadership, citizens’ lives and legal protections will be safeguarded?
“On the other hand, on September 14, the Law Minister stated that the government would not resort to crossfire to combat terrorism and that existing laws were sufficient to tackle terrorism. Why, then, is the police chief raising the prospect of crossfire subject to government approval?
“The government must clearly explain this inconsistency and specify how accountability will be ensured for implementing its declared position.”
TIB said any use of force by police must be lawful, necessary and proportionate. Under international standards, the intentional lethal use of firearms is permissible only when strictly unavoidable to protect life. The organization said there was no scope to portray this narrowly defined exception as authorization for extrajudicial killings.
Regarding allegations that journalists criticize the police because they have not received money, TIB said that any specific allegations of criminal conduct against a journalist must be addressed through lawful action based on evidence.
Sweeping allegations, the organization said, undermine the role of a free media in oversight and accountability and risk discouraging independent journalism. The need to ensure a conducive working environment and adequate capacity for the police cannot be used to justify evading legitimate criticism.
TIB called on the government to obtain a formal explanation of the IGP’s remarks, ensure their withdrawal along with an unconditional public apology, and hold the police chief administratively accountable. It also called for his removal from office until accountability is ensured.
