It seems that the Supreme Court’s (SC) immensely significant opinion on the anti-torture law did not go down well with the police.
The SC wants proper enforcement of the Torture and Custodial Death (Prevention) Act, 2013 that prohibits both mental and physical torture in any situation and death in custody of law enforcement agencies.
But police seeks cancellation of this Act as the force claims the law has curbed their “rights”.
The police last Monday even claimed the law enforcers will lose their dedication to work if this law remained in force which might hamper security of the state and the people.
To get the law scrapped, Prime Minister Sheikh Hasina’s intervention was sought as she attended the Police Welfare Parade at Rajarbagh Police Lines on the day.
The significance of the law is immense in order to establish the rule of law.
“By this law, the safeguards of human dignity, personal liberty, undue harassment and torture of a detainee at the hands of law enforcement agency, deprivation of life and liberty, honour and dignity have been protected,” said the SC.
In a recent judgement against the law enforcers’ arbitrary use of powers, the apex court highly praised the law, saying, “This is one of the finest piece of legislation so far promulgated after the independence of the country.”
“This law reflects the aims and aspirations of country’s founding fathers while framing the constitution.”
But there has been little application of the law that provides minimum punishment not less than five years and maximum life term imprisonment with a fine for crimes committed under it.
Even though, the law was enacted more than three years ago, alleged torture by law enforcement agencies and custodial deaths didn’t stop. Records of Ain O Salish Kendra (ASK), a human rights body, show at least 147 people died in custody in the last two years.
According to ASK, 78 people died in custody in only last one year. Of them, 32 were convicted and 46 were detainees.
In 2015, the number of custodial death was 69, and of them, 42 were facing trial, according to ASK’s record prepared on the basis of newspaper reports.
Moreover, a section of lower-tier police officers were accused of engaging in extortion by threatening people with cases.
In last one year, more than a dozen such cases were reported in Dhaka Metropolitan Police area alone, according to a Daily Star report published on November 13, 2016.
Against this backdrop, the SC has directed judicial magistrates to take action against errant police officers whenever they find infringement of this law that was passed by the parliament amid widespread allegations of police torture.
“The magistrates shall not remain as silent spectators whenever they find infringement of this law and shall take legal steps against errant officers,” it said in the full judgement, the copy of which was released last November.
But the police think otherwise.
Additional SP of Comilla Tanveer Salehin Emon, who on behalf of the force placed the demand for cancellation of the anti-torture law, said as per the law anyone can file a case over mental torture, but it did not say what will be the yardstick for mental torture.
So anyone can file false cases against police, he said while reading out a written statement.
If false case were filed against police on charge of mental torture it would eventually dampen policemen’s enthusiasm to interrogate the accused. They would be demoralised and lose the spirit of work. Public safety would be compromised as a result, he said, seeking the prime minister’s intervention to repeal the law.
But legal experts think people do not dare to file cases against any police official in the prevailing situation, let alone filing any false case.
Prime Minister Sheikh Hasina, who assured them of understanding their other demands, however supported the anti-torture law and refused to accept the police position.
She said it was piloted by a man who was tortured severely during the BNP rule. When he became a parliament member, he placed the bill in parliament.
Awami League MP Saber Hossain Chowdhury, now president of Inter-Parliamentary Union, had placed the bill in parliament.
But the premier did not categorically reject the demand to frustrate the police as she said: “I don’t know whether it would be right to repeal the law which has been passed by parliament.”
She tried to allay the fear of police by saying if anyone lodges any false complaint, the complainant will be equally punished under this law.
As a matter of fact, the police did not come up with this demand suddenly.
In 2015, they sent proposals to the home ministry for major changes to the anti-torture law and wanted safeguards from prosecution for custodial death and torture.
Police wanted the Rapid Action Battalion (Rab), Criminal Investigation Department (CID), Special Branch (SB) and Detective Branch (DB) of police excluded from the purview of the anti-torture law.
In defence of the proposed changes, police had argued that the law might cause impediment to the duties of law enforcement agencies to save lives and properties during political instability, especially from arson and other subversive activities.
The home ministry had formed a committee to scrutinise the proposals and made a move to bring amendments. At that time, rights organisations, including Amnesty International and Ain o Salish Kendra, expressed deep concern and denounced the government move and the police demand.
In the wake of criticism, the home ministry could not proceed further.
But, after more than a year police has again stepped up its effort behind its demand for scrapping the anti-torture law.
The consequences of their demand would be far reaching.
It questions the constitutional provision which provides safeguard against torture.
“No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment,” reads the article 35(5) of the constitution.
The anti-torture law was enacted by the parliament to enforce the constitutional provision.
The police demand is against the nature of our Liberation War where the fundamental message was of freedom and justice.
Their demand also undermines Bangladesh’s commitment to the international community. The country signed in 1998 the UN convention against torture, and cruel, inhuman or degrading treatment or punishment.
As a signatory to the convention, Bangladesh promised to create effective legislation, and to take administrative, judicial or other measures to prevent acts of torture in its territory.
The law enforcement agencies should not forget that the powers they exercise belong to the people. And their fundamental duty is to ensure people’s safety by exercising the powers.
They should keep in mind what President Abdul Hamid told them at a programme at Bangabhaban, marking Police Week 2017 on Wednesday: “Getting the security of their lives and property is the right of people, not the mercy of anyone (police). You (police) should remember that you get salaries and allowances from public money.”
The best police force is the one that is guided by law that protect the fundamental rights of the people.
Source: TheDailyStar
