Extrajudicial killings in Bangladesh : Exploring the phenomenon of human rights violations as a means of maintaining power

Journal article


Bari, M. Ehteshamul. (2022). Extrajudicial killings in Bangladesh : Exploring the phenomenon of human rights violations as a means of maintaining power. Emory International Law Review. 36(1), pp. 35-79.
AuthorsBari, M. Ehteshamul
Abstract

When the South Asian nation of Bangladesh emerged as an independent nation on December 16, 1971, the founding fathers sought to establish a liberal democracy that would uphold the rule of law and the fundamental human rights of individuals. To this end, they incorporated extensive guarantees, including safeguarding the enforcement of an impressive eighteen fundamental rights, in the Constitution of Bangladesh, 1972. However, this Article will demonstrate that after almost 50 years of independence, the promise of a liberal democracy has remained elusive in Bangladesh due to, among other things, the frequent violation of the human rights of individuals through the resort to the heinous tool of extrajudicial killings as a convenient means of maintaining power. Although successive governments have resorted to the tool, the current government of the Bangladesh Awami League, which has ruled the nation uninterruptedly for the past twelve and a half years, has gone further than all the previous ones in using the tool to suppress any threat to its aspiration of perpetuating power. The regime’s contempt for the human rights of individuals is further evident from the fact that even during the COVID-19 pandemic, it has not shied away from resorting to extrajudicial killings to put down its adversaries. Thus, this Article will put forward recommendations for ensuring the realization of the elusive promise on which the nation was founded.

Year2022
JournalEmory International Law Review
Journal citation36 (1), pp. 35-79
PublisherEmory University
ISSN1052-2840
Web address (URL)https://scholarlycommons.law.emory.edu/eilr/vol36/iss1/3
Open accessOpen access
Page range35-79
Publisher's version
License
All rights reserved
File Access Level
Open
Output statusPublished
Publication dates
Online21 Jun 2022
Publication process dates
Deposited22 Oct 2021
Permalink -

https://acuresearchbank.acu.edu.au/item/8wx6z/extrajudicial-killings-in-bangladesh-exploring-the-phenomenon-of-human-rights-violations-as-a-means-of-maintaining-power

Download files


Publisher's version
OA_Bari_2021_Extrajudicial_Killings_in_Bangladesh_Exploring_the.pdf
License: All rights reserved
File access level: Open

  • 114
    total views
  • 73
    total downloads
  • 0
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Human rights in South Asia during the COVID-19 pandemic : An overview
Bari, M. Ehteshamul and Shankar, Uday. (2024). Human rights in South Asia during the COVID-19 pandemic : An overview. In In Bari, M.Ehteshamul and Shankar, Uday (Ed.). Human Rights During the COVID-19 Pandemic : The South Asian Experience pp. 1 - 10 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_1
The executive response to the COVID-19 emergency and the issue of protecting rights : The same old South Asian story
Bari, Muhammad Ehteshamul. (2024). The executive response to the COVID-19 emergency and the issue of protecting rights : The same old South Asian story. In In Bari, M. Ehteshamul and Shankar, Uday (Ed.). Human Rights During the COVID-19 Pandemic: The South Asian Experience pp. 13 - 36 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_2
Criminalisation of media reporting on the government response to the Covid-19 pandemic in India, Pakistan and Bangladesh : Freedom of press in peril
Bari, Muhammad Ehteshamul and Naz, Safia. (2024). Criminalisation of media reporting on the government response to the Covid-19 pandemic in India, Pakistan and Bangladesh : Freedom of press in peril. In Human Rights During the COVID-19 Pandemic : The South Asian Experience pp. 89 - 99 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_6
Emergency Powers and Martial Law under the Constitution of Bangladesh
Bari, Muhammad Ehteshamul. (2023). Emergency Powers and Martial Law under the Constitution of Bangladesh. In The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary pp. 367-385 Springer. https://doi.org/10.1007/978-981-99-2579-7_21
Local Governance in India during a Pandemic : A Case for Granting Agency to Municipal Governments
Bari, Muhammad Ehteshamul and Dey, Pritam. (2022). Local Governance in India during a Pandemic : A Case for Granting Agency to Municipal Governments. In International Handbook of Disaster Research pp. 1-19 Springer Singapore. https://doi.org/10.1007/978-981-16-8800-3_66-1
The independence of the judiciary in Bangladesh : Exploring the gap between theory and practice
Bari, M. Ehteshamul. (2021). The independence of the judiciary in Bangladesh : Exploring the gap between theory and practice Springer Singapore. https://doi.org/10.1007/978-981-16-6222-5
The use of enforced disappearance in Bangladesh as a tool of political oppression : Human rights in retreat
Bari, M. Ehteshamul. (2021). The use of enforced disappearance in Bangladesh as a tool of political oppression : Human rights in retreat. Michigan State International Law Review. 29(3), pp. 413-468.
States of emergency and the law : The experience of Bangladesh
Bari, M. Ehteshamul. (2020). States of emergency and the law : The experience of Bangladesh Routledge.
The use of preventive detention laws in Malaysia : A case for reform
Bari, M. Ehteshamul and Naz, Safia. (2020). The use of preventive detention laws in Malaysia : A case for reform Springer. https://doi.org/10.1007/978-981-15-5811-5
The recent changes introduced to the method of removal of judges of the Supreme Court of Bangladesh and the consequent triumph of an all-powerful executive over the Judiciary : Judicial Independence in peril
Bari, M. Ehteshamul. (2020). The recent changes introduced to the method of removal of judges of the Supreme Court of Bangladesh and the consequent triumph of an all-powerful executive over the Judiciary : Judicial Independence in peril. Cardozo International & Comparative Law Review. 4(2), pp. 653-696.
The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent
Bari, M. Ehteshamul. (2019). The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent. Zeitschrift für Menschenrechte. 13(2), pp. 98-114.
The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study
Bari, M. Ershadul, Bari, M. Ehteshamul and Naz, Safia. (2015). The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study. Commonwealth Law Bulletin. 41(2), pp. 231-252. https://doi.org/10.1080/03050718.2015.1049634
The Unjust Exercise of Emergency powers in Bangladesh and their conquest impact on the fundamental rights : A critical study
Bari, M. Ehteshamul. (2014). The Unjust Exercise of Emergency powers in Bangladesh and their conquest impact on the fundamental rights : A critical study. Jurisprudence. 21(1), pp. 578-598. https://doi.org/10.13165/JUR-14-21-2-12
The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission
Bari, M. Ehteshamul. (2014). The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission. International Review Of Law. 2014(1), pp. 1-17. https://doi.org/10.5339/irl.2014.1