Shameless Police
Allegations have emerged that the police are beating university students, journalists and pedestrians in Dhaka in the name of an anti-drug campaign.
Bangladeshi law does not give the police the right to search or beat anyone “at will”. The constitution guarantees the right to life and liberty, and the Torture and Custodial Death (Prevention) Act of 2013 considers physical torture as a crime. But there have been allegations that the police are using force without respecting the law. In particular, the police are targeting students with batons.
Although there are multiple allegations of use of force or illegal acts against the police, they are never tried in Bangladesh. Because the ruling government uses the police as a tool to suppress the opposition. It has been alleged that the police’s uniforms have changed, but their character has not changed. The police are still maintaining the oppressive character that they had before the uprising. Recent police actions have been reported to have been violent towards the revolutionary students of the mass uprising.
Under the Criminal Procedure Code of 1898, the police must have a valid reason for arrest. Although they can arrest without a warrant in certain circumstances (enforceable offences), they must follow legal procedures. Section 50 of the Criminal Procedure Code of 1898 strictly prohibits the use of “more restraint than is necessary to prevent the escape” of an arrested person.
The Torture and Custodial Death (Prevention) Act, 2013, makes it illegal for the police to use torture or excessive force. Constitutionally, individuals cannot be deprived of life or liberty without due process and have the right to know the reason for their arrest. Despite these legal protections, Bangladesh’s police do not care. They often act with impunity, and are not prosecuted for torture or custodial death.
The allegations have been made against Deputy Commissioner of Police Masud Alam. During an anti-drug drive in Dhaka’s Suhrawardy Udyan, police members led by Masud attacked Naeem Uddin, a student of the Anthropology Department of Dhaka University. In this incident, students have been protesting and besieging Shahbagh Police Station for the past two days demanding the removal of Deputy Police Commissioner Masud. There has been no response from the Home Ministry on this incident.
It is worth noting that Deputy Police Commissioner Masud Alam’s recent activities have sparked quite a controversy. Heavy lathi-charge on Inquilab Mancha activists in Shahbagh, targeted attacks on students, lathi-charge on pedestrians, and lathi-charge on journalists were led by Deputy Police Commissioner Masud Alam. He has already received the blessings of the new Prime Minister Tarique Rahman. Tarique Rahman indicated his blessing by placing his hand on Masud’s forehead. With this, questions have arisen as to whether he is playing the role of DB Harun during the fascist era.
There is a lot of discussion and criticism surrounding the incidents of beatings and arrests during police raids in various parts of the country, including Suhrawardy Udyan, Dhanmondi Lake and Chandpur in Dhaka. Questions are also coming to the fore as to whether the police used excessive force during the raids.
It has been alleged that two journalists, Dhaka University students and passersby were beaten up during the police’s anti-drug raid in Suhrawardy Udyan in Dhaka.
Several videos have even shown some of them being handcuffed and detained. However, they were later released, according to the police.
Many of the victims claim that the police beat them up even though they did not find anything illegal. However, the police say that such a situation arose due to obstruction during the raid.
Masud Alam, Deputy Police Commissioner of Ramna Division of Dhaka Metropolitan Police, also claims that the beatings were due to a ‘misunderstanding’.
Apart from the incident of the anti-drug operation in Suhrawardy Udyan, there is a lot of discussion about the arrest of young people and teenagers in multiple police operations in several districts including Dhaka.
While many have questioned the excessive use of force by the police in these operations, some have also spoken in favor of improving the law and order situation, especially to reduce robbery and drug use.
Analysts say that through this, the allegations of abuse of law against the police that the general public has been making against them have come to the fore once again.
They also believe that although such steps are necessary for the police to maintain law and order, these operations should be conducted within the law.
Meanwhile, it is reported that action has been taken against four police members in the Suhrawardy Udyan incident. Although nothing more than closing or removing the member as a departmental punishment is done. In practice, no action is taken against the police for any illegal act.
In addition, the police headquarters has said that legal action will be taken against the criminals if the law is violated during the operation after reviewing the videos circulated on social media.
What is known about the incident
Although the police have conducted anti-drug operations in different parts of the country, the incident in Suhrawardy Udyan in Dhaka is being discussed the most.
It has been alleged that two multimedia journalists, Dhaka University students and pedestrians were beaten during this operation.
Several videos that have gone viral on social media show a man arguing with the police. At one point in the altercation, the police resorted to baton charges.
Two people are also seen being led away in handcuffs in a video that has gone viral on social media. One of them is seen identifying himself as a Dhaka University student.
In the video, a police officer claims that a drug addict attacked police officers during an anti-drug drive in Suhrawardy Udyan while being questioned. He also claims that a police officer was injured in the incident.
In another video, a man is seen arguing with Deputy Police Commissioner (DC) Masud Alam of the Ramna Division of Dhaka Metropolitan Police.
At one point in the altercation, a police officer suddenly dragged him from behind, threw him to the ground, and started beating him with a baton.
Several people, including Dhaka University student Nayeem Uddin and BanglaNews multimedia reporter Tofail Ahmed, were injured in the Suhrawardy Udyan incident.
Nayeem Uddin, a student of the Anthropology Department of Dhaka University, said that he had gone to Suhrawardy Udyan with his colleagues to discuss a program called ‘Multilingual Evening’.
“The police beat us up on the charge of arguing even though they did not find anything illegal with us. They also beat up another friend of mine,” said Mr. Uddin.
Another media worker named Tofail Ahmed, who was injured in the incident, alleged that he had gone to Suhrawardy Udyan to gather news about the police’s anti-drug operation.
Meanwhile, DMP Ramna Division Deputy Police Commissioner Masud Alam, who was present at the scene at the time, is claiming that the entire matter was a ‘misunderstanding’.
He claims that this undesirable situation arose when a policeman was injured in an attack by a drug addict during the operation. He said that some journalists were also beaten up by mistake during this time.
Regarding the beating of some students, Mr. Alam said that at one stage of the search of the suspects as part of the operation, some people got into an argument and obstructed the search.
The police officer also claimed that he himself intervened and stopped the police members when the situation became heated.
Mr. Alam said, “Two or three of our members beat up the university student from behind during the discussion, this incident is undesirable. Action has also been taken against those who did this.”
In addition to Suhrawardy Udyan, the police arrested several young people and teenagers in raids at various places in Dhanmondi Lake and Chandpur city of Dhaka on Sunday and Monday. The police have been accused of beating them, making them sit up by holding their ears or releasing them on bail.
The police have made various allegations against those arrested in these incidents, such as being drug addicts or members of juvenile gangs.
Police say these raids were conducted based on specific information and complaints. They also claim that some underage teenagers and young people were regularly using drugs in these areas late at night.
But many have raised the question on social media whether the police have the authority to beat, make people sit up or insult them while conducting such raids.
How much force can the police use?
Allegations of violating the law or using excessive force are not new. Although it is said to be public-friendly policing, the activities of many members of the force have been questioned at various times.
Experts say that the legal frameworks such as the CrPC, Penal Code, PRB and the Constitution determine the nature and extent of the work of the police. Where the police are also told what action to take in a given situation.
Advocate Manzil Morshed, a senior lawyer of the Supreme Court, says that what the police can and cannot do is clearly stipulated in the legal framework. The use of force must be necessary, proportionate and as limited as possible.
He also believes that the police are bound by international law. The appropriateness of the use of force by the police according to the situation is important.
International standards, especially the Basic Principles of the United Nations, say that force will be used in situations where it is ‘absolutely necessary’. That is, where there is no other way.
Mr. Morshed says, “The police’s decision may vary depending on the situation. The situation in Suhrawardy Udyan has not been good for a long time. The area has become a drug den.”
He also believes that it is necessary to see whether the emerging situation legitimizes the role of the police. It is difficult to say without an investigation why the police attacked, because both sides are explaining it in their own way.
“If someone does something excessive, even if they are police, they will have to come under the law. However, in recent times, there has been a tendency among many to break the law, which is also not right,” believes Mr. Morshed.
Regular police operations and patrols are needed to control crime, but the police are resorting to violence while doing these, which is unacceptable, believes social and crime expert Touhidul Haque.
He says that many police officers are trying to control such situations by resorting to violence, just as many police officers used to resort to violence in the past.
“The government is talking about establishing the rule of law, but the role of law enforcement agencies on the ground is different,” said Mr. Haque.
He believes that just as the police, as a trained force, have to work within the law and regulations, it is also unacceptable to obstruct the work of the police or behave disrespectfully towards them.
Why do police wear masks?
During the fascist era, during the repression of students, the police used to attack the protesters wearing masks in addition to their personal protection. In continuation of which, the police still attack the protesters wearing masks. At the same time, they cover the name plates worn by the police on their chests. In this case, the attacking police cannot be identified. That is why it has been alleged that the police are using the wearing of masks as a tactic. Although police officers wear all the PPE for personal protection.
Legal basis of conducting police searches:
In Bangladesh, the procedure for the police to search a citizen or their personal belongings is primarily governed by the Code of Criminal Procedure and the Police Regulations of Bengal (PRB). While the law empowers police to conduct searches, it imposes clear procedures and restrictions.
The authority to conduct searches rests mainly with officers of the rank of sub-inspector (SI) and above.
Constables cannot conduct searches independently and may only assist in the presence of higher-ranking officers.
Under Sections 94 and 96 of the CrPC, police may carry out searches to recover specific documents or objects only with a magistrate’s authorisation or a search warrant.
Sections 102 and 103 further require that searches of enclosed spaces, such as homes or bags, must be conducted in the presence of at least two respectable witnesses from the locality.
However, Section 165 provides limited exceptions. If an officer believes waiting for a warrant could result in the loss or destruction of evidence, a search may be conducted without a warrant. In such cases, the officer must record the reasons and promptly inform a magistrate.
Rules regarding personal searches:
Personal searches are governed by Section 51 of CrPC.
Police may search an individual’s body only if the person has been arrested or detained. In such cases, police may seize items other than the person’s clothing.
A list of seized items must be prepared, and the individual must be given a copy.
Section 52 imposes additional safeguards for women.
Only female police personnel may conduct searches of women, and such searches must be carried out with due regard to dignity and decency. Male officers are prohibited from searching female bodies.
Publicly humiliating or harassing citizens during searches constitutes a violation of police conduct rules.
Citizens’ rights during searches:
Citizens also have specific legal protections during searches.
Individuals may request police officers to show identification. Officers in plain clothes are legally obliged to produce identification if asked.
Citizens may also request that searches be conducted in the presence of neutral or familiar witnesses.
If police seize personal belongings, such as mobile phones or wallets, individuals have the right to receive an immediate seizure list or receipt.
Beating or torture: What does the law say?
No law in Bangladesh authorises police to assault or physically abuse suspects, detainees, or arrested individuals.
Police may question individuals or take them to the police station if there is reasonable suspicion.
However, physical assault or public beating violates police codes of conduct.
The Torture and Custodial Death (Prevention) Act, 2013, is a special criminal law designed to protect human rights and prevent torture. Under this law, physical or mental torture — including intimidation — is punishable.
If torture by a government official results in death, the punishment may include life imprisonment and a fine of Tk 100,000. If the victim is injured, the penalty includes at least 5 years’ imprisonment and a fine of Tk 50,000.
Higher courts have also directed that torture is prohibited during arrest or detention.
Sections 46 to 53 of the CrPC define limits on police use of force.
Police may use only the minimum force necessary to make an arrest, particularly if a suspect attempts to flee. Any use of force after a person is subdued is illegal.
Section 54 permits police to arrest individuals without a warrant if there is reasonable suspicion of involvement in a crime. However, any search conducted before or after arrest must be based on reasonable grounds.
The Police Regulations Bengal, 1943, also prohibit police from using physical or mental pressure to extract confessions or information.
Police may use batons or force only when public safety faces extreme threats, such as during riots.
Constitutional safeguards:
The Constitution of Bangladesh guarantees protection from torture and degrading treatment.
Article 35(5) clearly states that no person shall be subjected to torture or cruel, inhuman, or degrading punishment or treatment.