Impact of Terrorism and Counter Terrorism on Human Rights

Md. Nur Khan Ain o Salish Kendra (ASK) Bangladesh February 2007 In order to discuss issues of Terrorism and Counter-Terrorism or War against Terrorism, or to take a stand on these issues, I propose that it is essential to come to a common understanding of what terrorism is. Until today no one definition of terrorism has gained universal acceptance. And yet today most people agree that terrorism exists in our daily lives and in every sphere of our existence in society, state, and at an international level. The theme of my presentation is clear from the title of this Paper. It looks are the present state of combating terrorism around the globe, while asking the necessary question: what role the States plays in this combat and how far it is accountable to basic principles of due process, transparency and justice. It also raises the question whether, the methods now being adopted in the name of countering terrorism, are not in fact culpable of shortsightedness and in some cases double standards. That is: whether what is being promoted, as anti terrorism is in fact a drive against anti-terrorists. In other words, whether the bigger picture which includes issues of States accountability to its citizens, and matters of education and poverty get lost in the drive against individualized targets. At the backdrop of the reality of this unipolarized and globalized world order, I thank the International Commission of Jurist (ICJ) for taking the initiative to examine the compatibility of laws, policy and practices, which are justified expressly or implicitly as necessary to counter terrorism, with international human rights law, and where applicable, with international humanitarian law. I am not an expert on terrorism, nor a lawyer who generally deals with laws or policies related to human rights laws or international humanitarian law. I am primarily a human rights worker who has, through long years of work at the grassroots level in Bangladesh, who has some specific observations to share. Terrorism as I understand, is a strategic policy to attain certain goals and objectives (of individual/group/state) through spreading fear or threat by any means. The cause of terrorism mostly exists in our socio-economic and political condition at national and international level. It is much easier to deal with certain terrorism carried out by individuals or by small group/community who for whatever reason feel dissatisfied or denied of their rights. But it is much harder to fight terrorism carried out by groups or organizations working under wellprepared strategies, coordination and experienced leadership at national and international level. At this point we are reminded of words like the reign of terror, which is correctly defined in Oxford English Dictionary as government by intimidation. Today, however this phrase usually refers to intimidation of governments. Therefore, in absence of an agreed meaning, it is difficult to enact laws against terrorism or identify a terrorist or an act as terrorism. Without clearly defined and effective laws against

terrorism it is inevitably difficult to fight against terrorism. Excessive misuse or inappropriate or illegal use of anti-terrorism law add panic in the society. It is essential that we not mix up terrorism with peoples movements or struggle for rights or for freedom and liberation. Similarly, Killing of millions of people by an occupying or invading force cannot be acceptable. Now, I draw your attention to some scenarios related to terrorism and counter terrorism in Bangladesh. You already know that Bangladesh won its liberation in 1971. Before and during the nine month liberation war against Pakistani colonialism, we had to experience a real reign of terror and genocide against our people committed by Pakistani force. But the very country, force or persons responsible for that reign of terror and genocide were not brought to justice; whereas the war criminals of World War II are still being brought to justice. Within the last three decades after liberation, Bangladesh achieved significant development in various sectors. We have a well-written constitution that included most of the human rights for its citizen. Bangladesh has also a good record of signing/ratifying several international human rights documents/conventions such as CEDAW, CRC, CAT. On the other hand, Bangladeshi people have already suffered under martial law, state of emergency as well as abuse of the Special Power Act and Anti-Terrorist Act to suppress political movements. However, here too, terrorism is yet to be defined. In relation to counter terrorism, Bangladesh has already approved some Bills/Acts, such asThe Law and Order Disruption Crimes (Speedy Trial/Amendment) Act 2005, Money Laundering and Terrorist Financing Prevention Bill (2005), Anti-Terrorism Bill 2005 and Bangladesh Tele-communications (Amendment Ordinance 2005). The last Ordinance promulgated by the President allowed intelligence and law enforcing agencies to conduct wire-tapes of telephone conversations of any individual, subject to the permission of the government, purportedly in the interests of state security and public order. Again, the Bangladesh government has formed Rapid Action Battalion-RAB consisting of members from Army, BDR, Navy and police departments to counter criminal, as well as, terrorist activities. But it is observed that after most of the incidents, government tried their best to implicate opposition political party leaders/activists. In many cases, many common people were arrested on suspicion, wrongfully accused and brutally tortured by RAB/Police. Furthermore, slums or shanties where poor people live were claimed as the shelter of terrorist and were destroyed. Such counter-terrorist activities directly hit citizens rights to shelter, security and livelihood. In fact, most of the counter terrorism acts or efforts were politically motivated and used to harass political workers. It was also observed that whereas the AntiTerrorism Act was used against general crimes punishable under general criminal law of the land, the Criminal Procedure Code, the actual terrorists who caused national and international insecurity were charged under common law, instead of anti-terrorist act. It can be mentioned here that War Against Terrorism has negative affect on Bangladesh. Some international or bilateral agreement/treaty has curtailed constitutional rights of citizen and denied certain state protection to its people suspected as terrorists. Bangladesh has so far acceded to eleven international anti-terrorism conventions, of which three were signed in 2005: * Convention on the Prevention and Punishment of Crimes against Internationally

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Protected Persons, including Diplomatic agents, adopted in 1973. International Convention against the Taking of Hostages, adopted in 1979; International Convention for the Suppression of Terrorist Bombings, adopted in 1997; Convention on Offences and Certain Other Acts Committed on Board Aircraft, 1963; Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 Convention for the Suppression of Unlawful Seizure of Aircraft, adopted in 1970; Convention on the Physical Protection of Nuclear Material, 1980; Protocol on the Suppression on Unlawful Acts of Violence at Airports Serving International Civil Aviation, 1988; and Convention for the Suppression of unlawful Acts against the Safety of Maritime Navigation, 1988.

Bangladesh also had to face armed struggle (terrorism?) carried out by Tribal people in Chittagong hill tracts. This problem was solved through signing a Peace Accord with their leaders and government in 1996. But some left-underground parties and Islamic fundamentalist groups are still active in terrorist activities. Several Islamic groups have link/network with terrorist groups active in Kashmir, India, Pakistan, Afghanistan and Burma. It is also claimed that some external group have network, shelter and training center in Bangladesh, though our government always denied it. It is also reported that about 30 Islamic organizations are now active in Bangladesh and more than 20 Islamic parties have militant members. The government of Bangladesh banned the activities of four Islamic militant organizations at different times. The militant groups have evolved a complex network of relationships that provide financial support, political protection and logistic planning. The network facilitates their mobility of action, so that one organization can substitute for another or sometimes organizations merge together. This has provided strength and anonymity when necessary. Links between leaders and members of these different groups are based on kinship, recruitment from selected villages, and common education in certain madrassahs, participation in Afghan wars, training in mosques/ madrassahs and other collective activities. Many of the militants have traveled from their affiliation with Islamic parties to the more militant extremist groups. Law enforcing authority is fighting strongly against the left leaning parties, even following a strategy of cleansing them through crossfire or encounter; while government had hesitation to take tough and hard action against Islamic fundamentalist groups. It was even reported that some of the Islamic groups were operating under patronage and sponsorship from a certain quarter of previous government. The common aim and objectives of these Islamic group is to establish Rule of Islam guided by Islamic law; though they have tortured and killed many people in public, charged grenades and bombs. They have attacked cultural shows, cinema halls, and political meetings even several courts in Bangladesh. From 1999 up to 2006, a total of approx. 300 people were killed and 3000 were seriously injured in 29 major bomb/grenade attacks in Bangladesh carried out by the Islamic militant parties/groups. Several fatal attacks targeted Awami League (AL) public meetings. On 21 August 2004, several grenades exploded at a massive AL rally in Dhaka, which killed 22 persons at spot and more 300 activists were injured including the AL leader and Ex-prime Sheikh Hasina. Shah SMS Kibria, an honest and wel-respected politician and Ex-Finance Minister succumbed to a grenade attack along with five persons in January 2004.

Though several deadly attacks continued for a longtime, there is little evidence that due and timely process of law or police action was observed. It was only after the suicide bombers were caught in district towns of Jhalokathi and Gazipur that police actions were initiated to arrest the bombers and activists of Islamic militant parties. But it is observed, if cases were filed, no charge sheets were given, findings of Inquiry Commissions were not made public. Where charges were filed or trials held, it was alleged that investigations were incomplete. An influential Editor of a Bangla national daily said, "We can see that when anyone is arrested in these incidents, various agencies of the police carry out investigations at their own behest, interrogate the detainees at the combined interrogation cells, but we know of nothing more beyond that. These reports are perhaps limited to the upper echelons of the government. They suppress all truths or non-truths in these reports. These detainees are given bail in a few days, even after there are allegations of anti-state activities". It was also reported that in-depth investigation was not conducted to identify the actual master planners, leaders, motivators, shelter/training facilities, recruiting and operational strategy, national and international link, source of funds/arms/grenade. It is suspected from the nature of investigation was not very effective to disclose the terrorist network, nor to take appropriate measure to stop them. It could be mentioned here that the then government of BNP lead coalition denied any existence of terrorism in Bangladesh until the August 17 (2005) incident. Therefore, question was raised whether the ruling party/parties have mutual understanding with JMB or other Islamic militant groups/parties active in Bangladesh to attain any political objectives. Upto until March 2006, police arrested around 1,000 suspected terrorists all across the country and the six top leaders of JMB were sentenced to death. In spite of various report of their willingness to speak out on the ideology, activity or motivation and network, they were not allowed to speak to press or electronic media. The two top-most leaders who were sentenced to death were not kept in condemned cell under maximum security required by the jail Code, but were housed in a place in Dhaka under jail guards, which was declared as a sub-jail. On 17 August 2005, a series of 511 time-bombs were exploded simultaneously in different locations including court premises in 63 out of 64 districts in Bangladesh. August 17 thus demonstrated the capacity of Islamic militants for planning and organization. The synchronized execution of these bombs indicated an organized, skilled, disciplined and well connections of Islamic militants with similar groups elsewhere. The Jamaatul Mujahedin Bangladesh (JMB), a militant Islamic organization, admitted responsibility for these welcoordinated explosions. It can be mentioned here, on May 23, 2004- several hundred armed cadres of JMB marched down the Rajshahi city streets and presented a memorandum to the State Minister for Home Affairs through the District Police Superintendent and District Administrator (later Joint Secretary to the same ministry). In their memorandum they affirmed that they were working to uproot terrorism with support from ministers and parliament members from the northern region. There was a general impression of complicity by the police and influential ministers and MPs of the northern constituencies, which allowed such vigilante violence to continue for over a year. The impunity for their reign of terror may have encouraged them to carry out the nationwide bomb attacks on August 17 and suicide attacks after that.

It is reported, Every member of the JMBs Majlis-e-Shura (highest decision making forum) was once involved with Jamaat or Shibir. Whether their involvement with Jamaat or Shibir (student front of Jamaat) continues is not confirmed. Newspaper reports and investigations do not indicate that they have been expelled from Jamaat. It was also reported in a district newspaper in Satkhira, All those who have been arrested, or detained in connection with the series bomb attacks on August 17, or have been released are involved with the politics of Jamaat or Shibir. ......... There are some other types of practice that may not be categorized as terrorism, but should be discussed in relation to counter-terrorism. Illegal arbitrary arrest is also practiced by the police to suppress political movement or activities. Torture/death in custody is now a very common phenomenon in Bangladesh. The Dailies are reporting on Extra Judicial Killings started from 2002 by law enforcing agencies in the name of Cross-fire or encounter with terrorist. This practice is being criticized as nothing but state-terrorism, because this policy is terrifying people and raising a sense of denial the rights to life and to justice. An Indemnity Bill was passed by the parliament to keep the authority/person responsible (for extra judicial killing in 2002) out of the hook. It is to be mentioned here that organized violent attack against religious minority (most of them were Hindu) and opposition workers by the cadres of ruling parties after 2001 Election created a panic and fearful situation. But the then government (the enforcing agencies) did not take any measure against the culprits, nor take any initiative to protect the victims. The victims were even not allowed to justice. This type of attitude and practice from state authority reveals the reality of state or state sponsored terrorism that may exist in many countries in different situation. We must not support any policy towards cleansing of any minority (religious, cultural, linguistic, ethnic) community, because such policy may be counter-productive. I believe, revolt against deprivation and injustice is a right. And revolt or rebellion may not be always peaceful because it depends also on the action of counter party/ies. No doubts that the concerns or issues related to terrorism are very much pertinent for South Asia and not only for Bangladesh; because of our geographical and historical connections. Similar incidents of terrorist attacks have taken or being taking place in Pakistan, India, Indonesia, Philippines, Thailand and other countries as well, and the rise of communalism and religious intolerance in all our countries, the tendency towards authoritarianism and fundamentalist politics in all our societies are likely breeding ground. Regional conflicts within South Asia could also exacerbate such tendencies, and promote a political environment favorable for terrorists or for terrorism. So we should stand together to fight a common problem but what could be done to encounter terrorism at national and international level carried or being carried out by individual, group or by any state? Answer is difficult and very person-to-person. But we have to over come the problem of terrorism; we wish to see a world free of terrorists. Let us step together: to find a commonly agreed definition of terrorism by individual, by group/s and by any state differently. to identify route cause (social/political/economic deprivation or oppression) at national or international level to address the issue properly.

to consider this problem as national & regional humanitarian crisis and try to solve that way; not to combat but take the issue on the table of discussion & negotiation. Blaming a faith / religion may be counter-productive and dont mix up fundamentalism with terrorism. to establish effective net-work and cooperation against terrorism to share study/research/reporting on similar movements in the region, particularly links & network similar parties, militant groups in the region and outside say Saudi Arabia, Egypt, Afghanistan, Indonesia, etc. to monitor and evaluate existing education curriculum/system, link and network of every religious school, makhtab/madrassah or other similar institution, that are mostly used as motivational and recruiting centers. to identify and break the network for financial transactions/support and supply of arms to terrorist or militant groups. not to support or sponsor terrorists against person/s, party or state not supporting you, as this practice may become boomerang for you in future. try to solve each and every national or international problems/issues through dialogue and discussion, instead of use or a threat of using force.

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