Despite reports of widespread impunity for abuses and killings by security forces, the Bangladesh government took few measures to address the issue, a US State Department report said on Wednesday.
The report, titled ‘2021 Country Reports on Human Rights Practices’, also noted that the general election in 2018 through which the present government came to power was not considered free and fair by observers due to irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters.
The report dedicated 74 pages to Bangladesh mentioned a number of issues including extrajudicial killings, forced disappearance, torture cases, problems with the independence of the judiciary, punishment of family members for offences allegedly committed by an individual, serious restrictions on free expression and media, and substantial interference with the freedom of peaceful assembly and freedom of association.
Briefing a group of reporters on the HR report, an official of the US Embassy in Dhaka said although information was collected from different sources, its credibility was ensured through cross-checking.
There were numerous accounts of arbitrary or unlawful killings by the government agents, the report said.
“Law enforcement raids occurred throughout the year, primarily to counter-terrorist activity, drugs, and illegal firearms. Suspicious deaths occurred during raids, arrests, and other law enforcement operations. Security forces frequently denied their role in such deaths” it added.
“The government usually described these deaths as ‘crossfire killings’, ‘gunfights’, or ‘encounter killings'. Media also used these terms to describe legitimate uses of the police force. Human rights organisations and media outlets claimed many of these crossfire incidents constituted extrajudicial killings. Human rights organisations claimed that in some cases law enforcement units detained, interrogated, tortured suspects, brought them back to the scene of the original arrest, executed them, and ascribed the death to lawful self-defence in response to violent attacks”.
The report very often refers to human rights organisations' data, namely that of Ain o Salish Kendra (ASK) and Odhikar, to back their observation.
About ‘disappearance’ it said, human rights groups and media reported disappearances and kidnappings continued, allegedly committed by security services.
“Between January and September 30, local human rights organizations reported 18 persons were victims of enforced disappearances. The government made limited efforts to prevent, investigate, or punish such acts. Civil society organizations reported victims of enforced disappearance were mostly opposition leaders, activists, and dissidents” it added.
“On July 19, Mayer Daak (Mother’s Call), an organisation of members of the families of victims of enforced disappearances, issued a statement urging the government to return the disappeared persons to their families before the religious holiday of Eid-al-Adha. The organization reported more than 500 individuals have gone missing in the country since 2009”.
The US report said, although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and media reported security forces, including those from the intelligence services, police, and soldiers seconded into civilian law enforcement, employed torture and cruel, inhuman, or degrading treatment or punishment.
“According to multiple organizations, including the UN Committee against Torture (CAT), security forces reportedly used torture to gather information from alleged militants and members of political opposition parties. These forces reportedly used beatings with iron rods, kneecappings, electric shock, rape and other sexual abuse, and mock executions”.
“According to international and local civil society, activists, and media, impunity was a pervasive problem in the security forces, including within but not limited to the RAB, BGB, Detective Branch of Police, police, and other units”.
“Politicization of crimes, corruption, and lack of independent accountability mechanisms were significant factors contributing to impunity, including for custodial torture”.
Regarding arbitrary arrest, the report said, the constitution prohibits arbitrary arrest and detention, but the law permits authorities to arrest and detain an individual without an order from a magistrate or a warrant if authorities perceive the individual may constitute a threat to security and public order.
“The law also permits authorities to arrest and detain individuals without an order from a magistrate or a warrant if authorities perceive the individual is involved with a serious crime. The constitution provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not generally observe these requirements”.
Arbitrary arrests occurred, often in conjunction with political demonstrations or speech, or as part of security force responses to terrorist activity, and the government-held persons in detention without specific charges, sometimes to collect information regarding other suspects, the report said.
“The law provides for an independent judiciary, but corruption and political interference compromised its independence. The government generally did not respect judicial independence and impartiality” the US report said.
“Human rights observers maintained that magistrates, attorneys, and court officials demanded bribes from defendants in many cases, or courts ruled based on influence from or loyalty to political patronage networks. Observers claimed judges who made decisions unfavourable to the government risked transfer to other jurisdictions. Officials reportedly discouraged lawyers from representing defendants in certain cases”.
About the conviction of former prime minister Khaleda Zia, the report said, “In 2018 Zia was sentenced to 10 years imprisonment on corruption and embezzlement charges, which were first filed in 2008. International and domestic legal experts commented on the lack of evidence to support the conviction and suggested a political ploy to remove the leader of the opposition from the electoral process. These experts stated courts were generally slow in considering petitions for bail on her behalf”.
“The constitution provides for freedom of expression including for members of the press and other media, but the government frequently contravened this right. There were significant limitations on freedom of expression both online and offline. Members of media and bloggers self-censored their criticisms of the government due to harassment and fear of reprisal”.
About the Digital Security Act(DSA) the State Department report said, throughout the year the government widely used the DSA against persons criticizing the government, including questioning the government’s handling of the pandemic.
Increasingly, the law was used against speech found on social media, websites, and other digital platforms, including speeches by those living abroad.
The government also issued other restrictions on freedom of speech. Health officials remained banned from speaking with media members after media reports on the health system’s lack of preparation in managing the COVID-19 pandemic in 2020.
Regarding media freedom, the report said the government maintained editorial control over the country’s public television station and allegedly mandated that private channels broadcast government content free of charge.
“A total of 32 business entities owned 48 media outlets, including newspapers, radio, television stations, and web portals. According to the study, the ruling party provided television licenses to individuals directly involved with its party or whose loyalty to the regime is “unquestionable” since 2009”.
“Privately owned newspapers usually were free to carry diverse views outside politically sensitive topics or those that criticized the ruling party. Political polarization and self-censorship remained a problem. Investigative journalists often complained of their management and of editors “killing” reports due to fear of pressure from the government and its intelligence agencies. Some journalists received threats after publishing their stories”.
“The law provides for the right to peaceful assembly, but the government limited this right. The law gives the government broad discretion to ban assemblies of more than four persons. The government requires advance permission for gatherings such as protests and demonstrations”.
US Report said, during the campaign leading to the last election, there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, or campaign freely.
