HUMAN RIGHTS EXPERTS EXPRESS CONCERN OVER INDEMNITY ORDINANCE IN BANGLADESH

24 January 2003



Two experts of the United Nations Commission on Human Rights have expressed serious concern over a proposed “indemnity ordinance” for soldiers allegedly involved in recent killings and cases of torture in Bangladesh.

Asma Jahangir, the Commission’s Special Rapporteur on extrajudicial, summary or arbitrary executions, and Theo van Boven, Special Rapporteur on torture, note with concern in a communication sent to the Bangladesh Government on 23 January that if the ordinance is approved by Parliament on 26 January, soldiers will not be investigated or brought to justice for the deaths in custody and the alleged torture of persons detained as part of a recent crackdown on crime in the country.

The "Joint Drive Indemnity Ordinance 2003”, issued by the President on 9 January 2003, gives immunity from prosecution to armed forces and government officials for their involvement in “any casualty, damage to life and property, violation of rights, physical or mental damage” between 16 October 2002 and 9 January 2003. The crackdown on crime, known as ‘Operation Clean Heart’, started on 17 October 2002 in response to growing domestic and international concern about increasing lawlessness in Bangladesh. Several people are reported to have been tortured or killed during the crackdown.

In their communication, the Special Rapporteurs call on the Government to ensure that all allegations of torture and death in custody are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators in accordance with relevant international standards.



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