‘Crossfire’ as shield for failure in maintaining law and order is dangerous message: TIB

Transparency International Bangladesh (TIB) has strongly condemned and expressed deep concern over the remarks of Inspector General of Police (IGP) Md Ali Hossain Fakir that ‘if permission is received from the government, police will resort to crossfire if necessary to maintain law and order’.

According to the organization, this statement is giving a dangerous message of establishing extrajudicial killing as an acceptable tool for crime control without addressing the failure in maintaining law and order and institutional weaknesses. Terming it as extreme disregard for the constitution and the rule of law, TIB has demanded withdrawal of the statement, ensuring accountability of the IGP and explanation of the statement that conflicts with the government’s declared position against extrajudicial killings.

TIB Executive Director Dr Iftekharuzzaman has said on Monday (October 26) afternoon, “Does the police chief want to use the hated crossfire as a shield for their own failure in maintaining law and order? Is seeking a path to legitimize extrajudicial killing by attaching the condition of government permission not at the same time an admission of failure to control crime in a lawful manner?”

He has said that the responsibility of police is professional investigation, identifying criminals and bringing the accused to justice on the basis of acceptable evidence. Bringing crossfire forward as an alternative is not a solution to institutional weakness, but rather an example of professional bankruptcy. In the same statement the IGP has spoken of performing duties according to law and the constitution, and has also spoken of doing crossfire if permission is received from the government. These two positions are contradictory. No permission of any government can legitimize extrajudicial killing.

Iftekharuzzaman has further said that the right to the protection of law and the right to life and personal liberty protected under Articles 31 and 32 of the constitution cannot be cancelled by executive decision. No matter how serious the allegation, police has no authority to kill anyone by bypassing the judicial process.

Referring to various past incidents, the TIB Executive Director has said that the conviction of police members in the Sinha murder case and the allegations of extracting money by threatening crossfire, torture and killing that emerged in the reports related to the case judgment remind of the horror of this method. The incident of Teknaf councillor Ekramul Haque being killed in a so-called gunfight, the audio released by his family and the allegation of murder also raised widespread questions. Besides, the conviction of former RAB officers in the seven murders case of Narayanganj is a judicially established example of the criminal use of power by law enforcement agencies.

He has said that even after these past experiences and the expectation of professional reform of police and state reform, the police chief is again bringing the possibility of crossfire to the fore. He himself will have to answer the question of what lessons police has taken from past crimes.

Iftekharuzzaman has further said that such reckless and shortsighted statement of the police chief may appear as a tacit licence for illegal use of force at the field level. When the official whose responsibility is to lead the force while remaining within the law brings crossfire forward as an alternative, questions about his sense of responsibility and suitability for leadership naturally arise. Questions are also created about whether citizens’ lives and legal protection will be ensured under such leadership.

TIB has informed that on September 14 last the Law Minister had said that the government will not go the path of crossfire in suppressing terrorism and terrorism can be suppressed with the existing laws. Even after that, why the police chief is bringing the possibility of crossfire subject to government permission to the fore needs to be clarified. The organisation has called upon the government to clarify the explanation of the inconsistency in this matter and how the accountability of the IGP will be ensured in implementing the government’s declared position.

TIB’s statement has said that the use of force by police must be lawful, necessary and proportional. According to international standards, the intentional lethal use of firearms is acceptable only in strictly unavoidable situations for the protection of life. There is no scope to present this limited opportunity as approval for extrajudicial killing.

TIB has also given a statement regarding the allegation of criticising police for not getting money against journalists. The organisation has said that if there is a specific allegation of crime against any journalist, lawful measures have to be taken on the basis of evidence. Blanket allegations question the role of free media in establishing oversight and accountability and create the risk of discouraging independent journalism. The need to ensure the working environment and capacity of police cannot be a reason for avoiding legitimate criticism.

TIB has called upon the government to accept formal explanation of the IGP’s statement, publicly seek unconditional apology, withdraw the statement and ensure his administrative accountability. The organisation has also called for his removal from the post until accountability is ensured.