Transparency International Bangladesh (TIB) in a statement on Monday strongly condemned and expressed deep concern over the Inspector General of Police’s (IGP) remarks that the police would resort to crossfire, if necessary, to maintain law and order, provided the government gives its approval.
According to TIB, the remarks send a dangerous message by presenting extrajudicial killings as an acceptable means of crime control, rather than addressing failures in maintaining law and order and institutional weaknesses.
Describing the remarks as an expression of utter disregard for the Constitution and the rule of law, TIB has demanded their immediate withdrawal, accountability of the IGP, and accountability for making a declaration that contradicts the government’s stated position against extrajudicial killings.
TIB Executive Director Iftekharuzzaman said, “Is the police chief seeking to use the discredited practice of crossfire as a shield for the police’s failure to maintain law and order? Does seeking to legitimise extrajudicial killings by making them conditional on government approval amount to an admission of failure to combat crime through lawful means?"
"The responsibility of the police is to conduct professional investigations, identify offenders and bring the accused to trial on the basis of admissible evidence. Presenting crossfire as an alternative cannot resolve institutional weaknesses; rather, it is an example of professional bankruptcy," the TIB executive director added.
Iftekharuzzaman pointed out, "In the same remarks, the IGP spoke of discharging duties in accordance with the law and the Constitution, while also saying that the police would resort to crossfire if the government approved it. These two positions are contradictory. No government approval can legitimise an extrajudicial killing. The rights to legal protection and to life and personal liberty guaranteed under Articles 31 and 32 of the Constitution cannot be set aside by executive decisions. Regardless of the seriousness of an allegation, the police have no authority to kill anyone by bypassing due process.”
Recalling past experiences, the TIB Executive Director said, “The conviction of police officers in the Sinha murder case, along with allegations reported in connection with the verdict that crossfire was used to extort money, torture people and kill them, serves as a reminder of the horrific nature of this practice. The killing of Teknaf municipal councillor Ekramul Haque in a purported gunfight also raised serious questions, particularly following the release of an audio recording by his family and allegations of murder. The convictions of former RAB officials in the Narayanganj seven-murder case provide another judicially established example of the criminal abuse of power by law enforcement agencies."
"Despite thousands of such experiences, and amid public expectations for police reform and broader state reform, the police chief is once again raising the prospect of crossfire. He must answer the question of what lessons the police have learned from past crimes," he added.
Iftekharuzzaman further said, “Such reckless and ill-considered remarks by the police chief could be perceived as an implicit licence for unlawful use of force at the field level. When the person responsible for ensuring that the force operates within the law presents crossfire as an alternative, questions about his sense of responsibility and suitability for leadership inevitably arise. How can the public trust that, under his leadership, citizens’ lives and legal protections will be safeguarded? On the other hand, on 14 September, the Law Minister stated that the government would not resort to crossfire to combat terrorism and that existing laws were sufficient to tackle terrorism. Why, then, is the police chief raising the prospect of crossfire subject to government approval? The government must clearly explain this inconsistency and specify how accountability will be ensured for implementing its declared position.”
TIB said that any use of force by the police must be lawful, necessary and proportionate. Under international standards, the intentional lethal use of firearms is permissible only when strictly unavoidable to protect life. There is no scope to portray this narrowly defined exception as authorisation for extrajudicial killings.
Regarding allegations that journalists criticise the police because they have not received money, TIB said that if there are specific allegations of criminal conduct against any journalist, lawful action must be taken on the basis of evidence.
Sweeping allegations undermine the role of a free media in oversight and accountability and risk discouraging independent journalism, TIB said adding the need to ensure a conducive working environment and adequate capacity for the police cannot be used as a justification for evading legitimate criticism.
TIB has called on the government to obtain a formal explanation of the IGP’s remarks, ensure their withdrawal along with an unconditional public apology, and hold him administratively accountable.
The organisation has also called for his removal from office until accountability is ensured.