Incarceration of child, elderly man raises legal, human rights concerns

The apprehension and detention of an elderly family member, two housewives, and a 6-year-old child in Ukhiya, Cox's Bazar, following the escape of an accused individual, has ignited a significant discourse regarding legal and human rights matters. Since the police operation executed in Sheikhpara of Rajapalong Union on Saturday night, there has been considerable outrage among the local populace, accompanied by severe criticism on social media platforms. Legal professionals have denounced the entire occurrence as fundamentally inhumane and unlawful.

How it commenced
The situation initiated with the arrest of Mizan, the younger sibling of local Awami League leader Salahuddin. The police assert that Mizan managed to escape while handcuffed, allegedly with assistance from his family members. Subsequently, a raid was conducted, resulting in the arrest of additional family members. However, local residents have raised a different accusation – that innocent family members have been detained as a form of ‘retribution’ for Mizan’s escape, which starkly contravenes the foundational principles of the law.

A blatant infringement of the constitution and criminal law
Fawzia Karim Firoze, a Supreme Court attorney and human rights advocate, informed Views Bangladesh, ‘Attributing the responsibility for an individual’s crime to their family is in direct violation of the fundamental principles of the constitution and the criminal justice framework of Bangladesh.’

She further stated, ‘The accountability for personal crimes cannot be transferred to a family. In the absence of evidence demonstrating someone’s direct involvement in the crime, their arrest is entirely unlawful. Should the police have detained family members based solely on suspicion or to exert pressure, it would constitute an abuse of authority.’

Additionally, she remarked, ‘The incarceration of a child is particularly alarming. It is the duty of the state to safeguard the best interests of the child. Under no circumstances should a child be subjected to the punitive system. This also contravenes international human rights treaties.’

Senior Supreme Court attorney Omar Farooq characterized the incident as profoundly concerning and stated to Views Bangladesh, ‘We have consistently observed law enforcement agencies occasionally employing excessive force. Detaining family members of a suspect when he flees constitutes a form of vindictive conduct, which contradicts the principles of the rule of law. The apprehension of women and children in this manner is intolerable from a humanitarian standpoint.’

He further remarked, ‘In accordance with the Convention on the Rights of the Child, no child should be placed in circumstances that adversely impact their mental or physical development. The prison setting is never appropriate for a child. Such an occurrence can inflict enduring trauma on the child's psyche. Who will assume responsibility for this?’

In the meantime, Additional Superintendent of Police of Ukhia Circle, Cox’s Bazar, Md. Rakibul Hasan stated, ‘The child was not officially arrested. Instead, his mother voluntarily wished to take her with her. Furthermore, all those detained were implicated in the escape of the suspect.

Senior Supreme Court attorney Barrister Badruddoza Badal shared his insights with Views Bangladesh regarding the remarks made by Police Superintendent Md. Rakibul Hasan, stating, 'If the police assert that the family members assisted the accused in fleeing, there must be concrete evidence to substantiate that claim. An arrest based solely on a verbal complaint will not hold up in a court of law. Furthermore, if a 75-year-old man and two housewives are apprehended in this manner, it raises significant concerns about the fairness of the justice system.'

Concerning the child, he remarked, 'In the event of the mother's arrest, the court ought to have arranged for an alternative solution rather than consigning the child to prison. It is entirely unacceptable to send him directly to prison. In real-life circumstances, it is implausible for a mother to forsake her child, thus labeling it a voluntary decision does not reflect the truth.'

Concerns regarding public anxiety and trust crisis
Following the emergence of the incident, there was a considerable backlash on social media. Numerous individuals have questioned whether such actions by law enforcement are instilling fear among the general populace rather than upholding the rule of law. Experts caution that if such occurrences continue, they will severely undermine public confidence in law enforcement agencies. It is imperative to promote restraint and compassion in law enforcement practices and to cease the harassment of innocent individuals.