Law and Order Maintenance system and Countering Terrorism in Bangladesh

1. 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

2. 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

3. 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.

4. 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)

5. Criminal Justice System Constitution of Bangladesh Supreme Court – a. 94 Appellate division High Court Division Subordinate courts – a. 114 Civil courts Criminal courts Courts/tribunals established by other laws Courts constituted under Cr.P.C

6. Criminal Judiciary Courts/Tribunals established under other laws Courts constituted under Cr.P.C. District Magistrate • 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 • Special Power Act 1974 • Anti corruption • commission • Women & Children • Prevention of Repression • Criminal Law Amendment • Juvenile Court Act • Rapid Trial courts etc.

7. 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

8. Investigation Information GD ---------- FIR Investigation Post Mortem Viscera Dissenter Expert opinion DNA Spot Map Witness Arrest Seizure TIP Dying decl. CS Report FR

9. Trial CS accepted by the court Cognizance Summon WP&A Newspaper Ad Absentia (339-b) Appearance of the accused Ready for trial - transfer to appropriate trial court Discharge-243 Charge hearing Frame charge-241 Prosecution – 244, 260 Examination of accused-342 Defense witness – if any Argument Judgment

10. Terrorism • Essence of the activity - violence • Aim of the activity – to attain Political, • Ideological or Religious objects. • The target of terrorism – innocent

11. Terrorist Motives Damage Infrastructure Disrupt Normal Life Direct Killing of Enemy Undermine Confidence In Government

12. TERRORISM IN REALITY

13. Social prejudice, structural deficiency Ethno-religious dissatisfaction Intolerance, internecine conflict Ideological diversities Political and economic discrimination TERRORISM - REGIONAL PERSPECTIVE Causes of Terrorism in this Region

14. Major terrorist organizations seen to be operative in Bangladesh in the past • 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 theGovernment 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.

15. 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 unhealthycompetition to retain power at any cost. In the competition for political support, the costs andrepercussions of terrorism have often been ignored by the mainstream parties.

16. 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.

17. 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

18. Muslim majority but blessed with exemplary religious communal harmony in the region . Secular by constitution. Socio-Political environment is based on deep rooted traditions and culture, not on religious sentiments .

19. People are peace loving with numerous ethno-religious diversity .

20. Response toTerrorism in Bangladesh 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

21. 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.

22. Elements of ‘evil power’ were dealt with severely

23. Efforts taken by Bangladesh

24. EFFORTS TAKEN BY BANGLADESH ANTI -TERRORISM COMMITMENT OF THE GOVERNMENT

25. EFFORTS TAKEN BY BANGLADESH MONITORING NGO’S ACTIVITIES

26. DE – RADICALIZATION PROGRAMME IN BANGLADESH

27. OBJECTIVE OF DE-RADICALIZATION • 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

28. Recent Successes inBangladesh Crackdown on JMB: All key activists arrested and sent for trail.

29. 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

30. ACHIEVEMENTS • 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

31. 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.

32. Implementation Framework for Counter Terrorism Strategy of Bangladesh

33. 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.

34. 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.

35. Thanks a lot