Law and Order Maintenance system and Countering Terrorism in Bangladesh
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Transcript of Law and Order Maintenance system and Countering Terrorism in Bangladesh
Law and Order Maintenance system and Countering
Terrorism in Bangladesh
Abdus Sobhan Sikder Secretary, Ministry of Public Administration
Government of Bangladesh
Civil Service College, Monday, 12 December 2011
Outline
• Law and Order
• Role of Law enforcement agencies
• Criminal justice system of the country
• Terrorism in Bangladesh and countering terrorism
• Difficulties encountered while taking measure
Law and Order• law and order refers to a political platform which
supports a strict criminal justice system, especially in relation to violence and property crime, through harsher criminal penalties. These penalties may include longer terms of imprisonment, mandatory sentencing, and in some countries, capital punishment.
• Supporters of "law and order" argue that effective deterrence combined with incarceration is the most effective means of crime prevention. Opponents of law and order argue that a system of harsh criminal punishment is ultimately ineffective because it does not address underlying or systemic causes of crime.
Law enforcement agencies
Police (RAB, APBn, Railway Range, Metropolitan Police, Highway Police, Industrial Police)
VISION
To provide service to all citizens and make Bangladesh a better and safer place to live and work.
MISSION
• To uphold the rule of law. • To ensure safety and security of citizens • To prevent and detect crime • To bring offenders to justice
To maintain peace and public order
Forces in aid to Civil Power• Ansar & Village Defence Party (VDP)• Border Guard Bangladesh (BGB)• Coast Guard• Bangladesh Army (under Sec. 128-131)
Criminal Justice System
Supreme Court – a. 94
Appellate division
High Court Division
Constitution of Bangladesh
Subordinate courts – a. 114
Civil courts Criminal courts
Courts constituted under Cr.P.CCourts/tribunals established
by other laws
Criminal Judiciary
Courts constituted under Cr.P.C.
Courts/Tribunals established under other laws
District Magistrate
• Special Power Act 1974
• Anti corruption
commission
• Women & Children
Prevention of Repression
• Criminal Law Amendment
• Juvenile Court Act
• Rapid Trial courts etc.
• Court of SJ, Addl SJ, Jt SJ
• Court of Chief Metropolitan Magistrate- CMM, ACMM, MM
• Court of Chief Judicial Magistrate-CJM, ACJM, 1st, 2nd, 3rd class magistrates
• Executive Magistrates
Executive Magistrates
Preventive cases, Law and order, Mobile court, unlawful assembly
Sec : 107-110, 127-31, 133, 144, 145
Trial procedure
Offence
Complaint Register (CR) Magistrate’s court
General Register (GR) Police cases
• Judicial Inquiry
• Inquiry (Chr, official)
• Dismiss
• Investigation
• Final Report
• Charge sheet
Cognizance
Investigation
Information
GD ---------- FIR
Investigation
Spot
Map
Witness
Arrest
Seizure
TIP
Dying decl.
Post Mortem
Viscera
Dissenter
Expert opinion
DNA
ReportCS
FR
TrialCS accepted by the court
Cognizance
Appearance of the accused
Summon
WP&A
Newspaper Ad
Absentia (339-b)Ready for trial - transfer to appropriate trial court
Charge hearing Frame charge-241Discharge-243
Prosecution – 244, 260
Examination of accused-342
Defense witness – if any
Argument
Judgment
Essence of the activity - violenceEssence of the activity - violence
Aim of the activity – to attain Aim of the activity – to attain Political,Political,
Ideological or Religious objects.Ideological or Religious objects.
The target of terrorism – The target of terrorism – innocentinnocent
TerrorismTerrorism
Terrorist Motives
• Damage Infrastructure• Disrupt Normal Life• Direct Killing of Enemy• Undermine Confidence
In Government
TERRORISM IN REALITY TERRORISM IN REALITY
• Social prejudice, structural deficiency
• Ethno-religious dissatisfaction
• Intolerance, internecine conflict
• Ideological diversities
• Political and economic discrimination
TERRORISM - REGIONAL TERRORISM - REGIONAL PERSPECTIVE PERSPECTIVE
TERRORISM - REGIONAL TERRORISM - REGIONAL PERSPECTIVE PERSPECTIVE
Causes of Terrorism in this Region
• Religious extremist: The principal current terrorist threat is from radicalized individuals/groups that are using a distorted version of Islam to justify violence. This radicalization is fed by the global Islamist agenda. Major identified groups are JMB, Huji-B, Islamic Democratic Party, Jadid-Al-Quaeda, Hijbut Tahrir Bangladesh, Shahadat-E- Al- Hikma, Tamira-Ad-Din , Allahar Dal etc.
Left-wing extremist: In order to challenge the local authorities and the private sector, attacks against the Government and state institutions and officials have previously been carried out by so-called leftist organizations. Major identified groups include Purbo Bangla Communist Party (ML-Lal pataka), Purbo Bangla Communist Party (ML-Janjjudha), Bangladesh Biplobli Communist Party (Different factions) etc.
Major terrorist organizations seen to be operative in Bangladesh in the past
Insurgency-backed terrorism: Ethnic terrorism in Bangladesh is rooted in the quest of indigenous minorities to protect their lands from encroachment and to safeguard their own ethnic identity. However, after the signing of the Chittagong Hill Tracts Peace Accord in 1997 between the Government and PCJSS, the magnitude of ethnic terrorism has been substantially reduced. Groups involved are PCJSS, UPDF.
Criminalized political terrorism/Domestic politics-based terrorism: In Bangladesh, the secondary level threat stems largely from the unhealthy competition to retain power at any cost. In the competition for political support, the costs and repercussions of terrorism have often been ignored by the mainstream parties.
• Socio-criminal terrorism: It includes the criminal activities of murder, abduction, extortion etc committed by an organized group of criminals under a ring leader driven by greed, temptation and rapacity. These are done with a view to extorting money from businessman and rich persons, making a network for collection of toll, dominating drugs or arms trafficking business, controlling big construction works and tender business and maintaining supremacy and dominance over a large particular area.
Some incidents occurred are• Bomb blast on cultural programme of Udichi Shilpoghosti at
Townhall Moidan, Jessore on March 6, 1999• Bomb blast on Grand assembly of CPB at Poltan Moidan on
January 20, 2001• Bomb blast on Chayanot Pahela Baishhakh Festival at Ramnal
Batmul on April 14, 2001• Grenade Attack on British High Commissioner Anwar Chowdury
in Sylhet on May 21, 2004 • Grenade Attack on the meeting of AL at Banghabondu Avenue
on August 21, 2004• Series Bomb Blast in 63 districts by JMB on August 17, 2005• Killing of two Judges by throwing bomb on their vehicle on
November 15 , 2005 in Jhalokathi• Suicidal bomb explosion in the Court premise of Gazipur and
Chittagong on November 30, 2005
Secular by constitution. Socio-Political environment is based on deep rooted traditions and culture, not on religious sentiments .
Muslim majority but blessed with exemplary religious communal harmony in the region .
People are peace loving with numerous ethno-religious diversity .
Response into four areas Terrorism, Terrorists and their sponsors, Public and Consequences of a terrorist strike. Strategies in use in the UN & other countries and,
where there is similarity
Response to Terrorism in Bangladesh
• Bangladesh complies with the provisions of United Nations Security Council Resolution 1373 (2001)
• Ratified international counter-terrorism instruments (all of the 13 international instruments related to counter-terrorism).
• Recent agreements with India• A comprehensive counter-terrorism strategy
incorporating all the provisions at par international standard to combat terrorism.
Elements of ‘evil power’ were dealt with severely
Efforts taken by Bangladesh
EFFORTS TAKEN BY BANGLADESH
ANTI -TERRORISM COMMITMENT OF THE GOVERNMENT
MONITORING NGO’S ACTIVITIES
EFFORTS TAKEN BY BANGLADESH
DE – RADICALIZATION PROGRAMME IN BANGLADESH
Identify orthodox minded people and motivate them towards the actual sprit of Islam
Recruit potential agent to infiltrate the
extremist groups/ institution Collect information on Islamic issues,
documentation of information and finally
dissemination
OBJECTIVE OF DE-RADICALIZATION
Recent Successes inBangladesh
Crackdown on JMB: All key activists arrested and sent for trail.
Recent actions and Successes
Government banned five extremist groups and ordered drives against all militant groups Shadat-E-Hikma Party Bangladesh Jama’tul-Mujahedin Banglades (JMB) Jagroto Muslim Janata Bangladesh (JMJB) Harkatul Jihad Al-Islami (HUJI) Hijbut Tahrir
Most outlawed terrorists have been arrested and sent for trail. Awareness of mass people turned into real action
• Successfully reached the target group which are relatively younger.
Mobilized public opinion against terrorism and militancy
Creating social awareness against extremism
So far we have interacted with huge number of Imams, madrasa students and religious persons. They are now acting as our representative in the society to spread true sprit of Islam and thereby increasing the number of beneficiaries everyday
ACHIEVEMENTS
Strategic steps taken
Strengthening Legal and Judicial Infrastructure by ensuring judicial separation . Political, Economic and Social Development. Synchronization, Coordination & alignment of activities among all the Law Enforcement Agencies, law and order & intelligence agencies Intelligence sharing with Foreign Governments. Promulgation of Anti-Terrorism and Anti-Money Laundering Laws and their Enforcement. Social Mobilization/Awareness, Crafting Value- based progressive Education curricula.
Implementation Framework for Counter Terrorism Strategy of Bangladesh
• Terrorism is not the problem of a single country and there is a pressing need for joint counter-terrorism efforts both at the regional and the global level.
• High level “ownership” of the strategy is essential for the successful implementation.
CONCLUSION
Bangladesh has experienced a vibrant and visible success by substantially curbing Islamist extremist groups which deserves commendation. Bangladesh government, however, happens to continue vigorous search for alleged Extremists and terrorists, though there is little corresponding evidence of a proportionately violent terrorist movement in the country at the moment.
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