Extrajudicial killings: What's the 'definition'

In recent times, the topic 'extrajudicial killings' has been discussed in various ways in Bangladesh. Addressing an event at the inner garden of the Supreme Court on September 21, Attorney General Md Asaduzzaman claimed that no one has been subjected to extrajudicial killings in Bangladesh from August 5 to September 21.

Meanwhile, several incidents of murders and killings occurred in the country during that period. Furthermore, several incidents of lynching mob had taken place as well. In such a situation, referring to attorney general's claim, netizens have raised questions-- those who were killed in between August 5 and September 21, were not killed extrajudicially?

View Bangladesh talked to several lawyers on this issue. Experts have explained the definition of extrajudicial killings within the law.

Senior lawyer of the Supreme Court and president of Human Rights and Peace for Bangladesh, Manzil Morshed told Views Bangladesh, "All types of killings cannot be termed as extrajudicial killings in legal language. An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing)is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether lawfully or unlawfully, targeting specific people for death, which in authoritarian regimes often involves political, trade union, dissident, religious and social figures. Apart from this, if someone dies due to torture while in custody, it is also considered as such killings."

Barrister Badruddoza Badal, senior Supreme Court lawyer and former general secretary of the Supreme Court Bar Association, told Views Bangladesh, "Extrajudicial killing is the deliberate killing of a person without legal authority authorized by judicial proceedings. Such killings are committed by a state force or agency. So, in terms of legal language, incidents of lynching mob or deaths during clashes and attacks, cannot be called extrajudicial killing."

Supreme Court lawyer Barrister Shishir Monir said, "Extrajudicial killings are the type of killings that take place bypassing the judicial process."

According to experts, such killings are probably not supported by the constitution of any country in the world. The court of Bangladesh is also strongly opposed to such activities.

Extrajudicial killings may be committed by a particular political or separatist group in addition to state forces. In that case, such killings are called political extrajudicial killings or direct criminal acts.

Article 3(d) of the First Geneva Convention states- 'the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.'