When the state turns serial killer
In holding someone accountable for any misdeed, the rule of law and basic human rights must be observed and followed. The law states that in any society everyone should be subject to the rule of law. There cannot be arbitrariness, or actions outside the law. Justice must be seen to be done.
For all latest news, follow The Daily Star's Google News channel. If a "criminal" is arrested, he must have his day in court. He must have unfettered access to his counsel, and his trial must be seen to be free and in accordance with the law. It is the judicial system which must rule, whether the accused is guilty or not. The rule of law is meant for all, the rulers and the ruled.
In today's Bangladesh, there is an acute need to protect the masses to ensure that everyone has the protection of the law. To do otherwise will lead to a nation run by tyrants, Gestapo-type of government, and a system that violates people's rights with impunity.
Those who violate these rights do so to satisfy the needs of only a certain segment of the population -- the educated middle and upper class in this instance. It is not surprising to find that these benefited segments of the society have been noticeably silent about what RAB has been doing for the last two years. The intelligentsia and the media, who in Bangladesh are very vocal in criticizing everything the government does, have been very reluctant to even express mere concern about this extra-judicial serial killing.
The apologists for this state-sponsored terrorism are driven by the callous desire to see quick dispensation of street justice, without hindrance or strict adherence to procedure. They consider the seemingly unending judicial process as a disservice to the larger society. They see the slow wheel of justice and the time-wasting tactics that we employ as fueling further indiscipline in our nation.
Oftentimes we forget that the observance of the rule of law also comes with its responsibilities. Do we have the supporting structure in place? Are the police serious or qualified or equipped to investigate and then produce quality evidence in the court?
Are not delays in trial the order of the day in our system? Do not lawyers orchestrate these delays in collaboration with the bench? Why does the Supreme Court remain on vacation for most of the year while thousands languish in misery? How many thousands of cases are pending there? Are not the high-ranking criminals shielded from prosecution by these wilful delays? Are not people by-passing the judicial system and resorting to self-help remedies? Are not the high profile criminals, who often have liaison with ministers, parliament members, politicians, police officials and bureaucrats, immune to prosecution?
Those who are arguing for the observance of the rule of law should rather focus on the breakdown of the structures that support its compliance, instead of finding a quick fix by creating and supporting a trigger-happy killing machine.
How has RAB's operation improved the quality of life of the rural people? Are the farmers getting the right price for their commodities now? Do the poor widows, divorced women and single mothers in villages and slums have better access to job, earning and security? Has RAB been able to kill any high profile criminal backed by our political parties? How many thana or district level political leaders-cum-criminals have been killed in cross-fire, forget about the higher-ups? Has RAB been able to check corruption?
Who is a bigger enemy of the society -- the petty criminal of Sayedabad bus terminal who is mugging to feed his children starving in a slum and helping his ailing parents at his village home, or the corrupt politician or civil servant who just keeps on amassing more and more wealth by deceiving the public? Our people, despite all the evidence, continue to see the same culprits controlling state finances and disbursing funds as they deem fit. Yet they can do nothing about it.
The supporters and opponents both have points. But it is extremely important to examine why the strict observance of the rule of law seems to be so difficult in Bangladesh. First of all it is essential for the progress of our nation that the people should not think that the traditional criminal justice system is not functioning any longer.
Whatever rule of law we still have in society, we must not all join hands to destroy it by devising a system of by-passing it. We must not devise a system that will exterminate the petty criminals but save their godfathers and the big shots. Rather than focusing on poverty-based crime, we will do better by focusing on habit-based or greed-dependent crimes.
Our people are wallowing in poverty for the misdeeds of the powerful and corrupt few. Some are crying for help to receive health care. Some cannot keep their children in school. Every year during Monga in North Bengal, hungry people faint on the streets.
In our schools, there are classrooms without desks or roofs, and are fit only for cattle. How many of our people sleep in open places in winter months?
All this happened because some of those whom we entrusted with public funds have appropriated these resources for their personal use. Yet, when they are to be prosecuted we talk of full compliance with the rule of law. While, for street criminals, we feel good by just eliminating them.
"Extraordinary problems require extraordinary solutions" say those who support the RAB mission. The extraordinary situation has been created by financial crimes in the country. The street criminals have very little impact on national security, social security, and GDP growth.