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.

Thanks a lot