Police fire shots at protesting students in Jatrabari of Dhaka on 18 July 2024.
Police fire shots at protesting students in Jatrabari of Dhaka on 18 July 2024.

Law enforcing agencies used disproportionate force on protests

There are serious and credible allegations that law enforcement agencies used ‘unnecessary’ and ‘disproportionate’ force to quell the protests and subsequent violence centring the quota reform movement, according to a United Nations report.

The report said the police and paramilitary forces appear to have frequently used force indiscriminately against both peaceful protests as well as those with elements of violence, employing rubber bullets, sound grenades and firearms with live lethal ammunition, including birdshot pellets and bullets.

Citing media reports and data from the protesters, the report said at 650 people were killed between 16 July and 11 August.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) released the 10-page report on ‘Preliminary Analysis of Recent Protests and Unrest in Bangladesh’ in Geneva on Friday.

This is the first such report on the recent situations in Bangladesh by any international agency after a student-people movement toppled the 15 years of rule of Sheikh Hasina on 5 August.

On the occasion of releasing the report, UN human rights chief Volker Turk said in a video message from Geneva, “The transition ahead presents an historic opportunity to reform and revitalise the country’s institutions, to restore fundamental freedoms and civic space, and to give all in Bangladesh a part in building the future.”

Unnecessary and disproportionate use of force

The report said triggered by the reinstatement of a quota system for allocation of civil service positions, initially peaceful student protests in Bangladesh that started in mid-June 2024 were followed by violence and serious human rights violations committed by security forces. Hundreds of people are believed to have been killed, including at least 32 children, and thousands injured. The protests also reflected deeper economic frustrations among young people in Bangladesh. With high unemployment rates and underemployment, many graduates feel disillusioned by the lack of opportunities.

There are serious and credible allegations that the security forces responded overall to both protests and subsequent violence with unnecessary and disproportionate force. The police and paramilitary forces appear to have frequently used force indiscriminately against both peaceful protests as well as those with elements of violence, employing rubber bullets, sound grenades and firearms with live lethal ammunition, including birdshot pellets and bullets. Considering that certain individuals among the protesters were seen typically using sticks, bricks or similar types of makeshift weapons, the security forces recurring and persistent use of firearms, including pellet shotguns, handguns and rifles, would have regularly involved unnecessary and disproportionate force.

The UN agency said reports indicate that security forces also used helicopters to fire on protesters, further intensifying the violence. In some cases, the security forces were reported to have employed vehicles and helicopters that bore the logo of the United Nations and appeared intended for use by Bangladeshi contingents in United Nations peacekeeping missions.

According to media reports and protesters, between 16 July and 11 August, more than 600 people were killed. Of these, nearly 400 deaths were reported from 16 July to 4 August, while around 250 people were reportedly killed following the new wave of protests between 5 and 6 August. The number of reported killings in revenge attacks since that time still remains to be determined. A number of deaths were reported between 7 and 11 August, including those who died while undergoing medical treatment for injuries sustained in the violence.

Those killed include protesters, bystanders, journalists covering the events and a number of members of the security force. Thousands of protesters and bystanders have been injured, with hospitals overwhelmed by the influx of patients. The reported death toll is likely an underestimate, as information collection has been hindered by restrictions on movement due to the curfew and the internet shutdown. Furthermore, hospitals were reportedly prevented by State authorities from providing details of those killed and injured, the report stated.

Protesters stormed the Prime Minister’s residence, vandalized the Chief Justice's house, set fire to the Awami League party office, and destroyed the Bangabandhu Memorial Museum and statue of Sheikh Mujibur Rahman. On 5 and 6 August, Hindu houses and properties were reportedly attacked, vandalized and looted in 27 districts. According to a government letter to the High Commissioner dated 30 July, 235 police facilities were damaged, with 69 outposts destroyed. Hundreds of other public facilities, including metro rail stations and express highways, were also damaged.

The UN agency said, during the protests some videos started to circulate on social media that appeared to show security forces deliberately using live ammunition against protestors. In one such video, apparently showing the killing of a student named Abu Sayed Sayed in Rangpur, the student can be seen standing still with his arms spread wide and holding a wooden stick in a gesture of defiance. The police can then be seen shooting directly at his chest. Upon impact, Abu Sayed clutched his chest as the officers fired at least twice more. In another video, a young man is seen trying to pull an injured young man to safety in the Jatrabari area of Dhaka. Shortly after, a plain-clothes officer wearing a helmet appears to open fire towards them forcing the young man to flee, leaving the mortally wounded man behind.

The report further said, from 12 July to 3 August, at least 450,000 unknown persons and 2000 identified persons were reportedly registered for offenses in at least 286 criminal cases in Dhaka alone, including a combination of named and unnamed individuals—many members of the opposition reportedly among them. In Bangladesh, hundreds of individuals are often included as “unnamed” in a “First Information Report”, increasing the risk of widespread arbitrary arrest and detention.

Thousands of arrests were reported in Dhaka and other parts of the country, involving joint operations by the Rapid Action Battalion, police, and army. Checkpoints were established, and phones were reportedly being checked to remove evidence of police violence. The majority of those arrested were not presented in court within 24 hours, and were denied access to legal representation, while no information of their whereabouts was provided to their families.

The report said, authorities, however, have an obligation to promptly initiate independent, impartial and effective investigations into the alleged human rights violations, hold those responsible to account, and ensure effective remedies for the victims.

Restrictions on freedom of expression

Restrictions on communication, including the imposition of an Internet shutdown between 18 July and 23 July and again on 4 and 5 August by the Government, severely impacted the rights to freedom of expression, and to peaceful assembly, as well as other fundamental rights, including economic, social and cultural rights. The government had contended that the internet shutdown was due to the destruction of key infrastructure by protesters. However, information collected by OHCHR indicates that the Government deliberately restricted internet services – including access to social media – to curb the dissemination of information and hinder the coordination of protest activities. While a number of Government-run outlets continued to operate, the online editions of major newspapers ceased to function, the UN report elaborated.

Restrictions on freedom of movement

The Universal Declaration of Human Rights (UDHR, Article 13) and the ICCPR (Article 12) guarantee the right to freedom of movement, which is also linked to enjoyment of a host of other civil and political, and social, economic and cultural rights. The far-reaching restrictions on movement imposed by the prolonged countrywide curfew disproportionally restricted freedom of movement and critically impacted other fundamental rights. The restrictions on freedom of movement also significantly exacerbated disruptions to daily life, commerce, and access to essential services.

Recommendations

The OCHR has made lists of interim recommendations to political actors, interim government and international community.

All political actors have been advised to prioritize de-escalation and prevent any further loss of life or injury; refrain from reprisals against political opponents of all viewpoints; uphold the rights to freedom of expression and peaceful assembly; ensure protection of minority communities and refrain from any language or acts of incitement to hatred, discrimination or violence; actively denounce any human rights violations or abuses, in particular, those committed by their own members or supporters, and advocate for measures to ensure accountability and prevent further violations and abuses, and ensure the transition is conducted in a transparent and accountable way that is inclusive and open to the meaningful participation of all Bangladeshis.

The interim government has been advised to take steps to restore democratic order and rule of law through an inclusive and participatory process guided by human rights; develop a systematic approach to vetting for any appointments to and dismissals from the judiciary, security sector and other institutions; provide law enforcement agencies with clear instructions limiting the use of force, refrain from deploying Border Guards and Rapid Action Battalions to any protest or other public order management tasks and initiate a comprehensive review of these forces, their functions, command, control and accountability mechanisms and operational doctrines.

The report also recommended establishing a comprehensive independent, impartial, and transparent investigation in line with international human rights standards into all recent cases involving serious injuries, deaths, or the use of firearms by security forces or other violent actors that can hold those responsible accountable; ensuring accountability for those who used or ordered the unnecessary and disproportionate use of force and provide reparation and effective remedies to victims, and protecting all related evidence, including CCTV footage and other recordings, to ensure accountability and support for future investigations.

The UN rights body also used the international community to support Bangladesh to ensure a transition in which human rights are fundamental; support fact-finding and accountability efforts to ensure remedy for victims and broader institutional and security sector reforms, and support OHCHR in providing assistance to the Interim Government for the protection of human rights through the transition period.

How to conduct UN investigation

The UN is going to initiate an independent investigation into the recent events including killings in Bangladesh. Chief advisor of the interim government Dr Muhammad Yunus and UN human rights chief Volker Turk had a phone conversation on the matter last Wednesday.

Diplomatic sources at Dhaka and Geneva told Prothom Alo a three-member team led by Rory Mungoven, chief of the Asia-Pacific Region with the Office of the High Commissioner for Human Rights, will arrive in Dhaka next week to discuss the modalities for preliminary investigation. They will talk to stakeholders and finalised method, procedures and other details. The main investigation team of UN is yet to come to Dhaka.

Asked on the UN facts-finding, officials at the foreign ministry and the UN mentioned three ways. First: the OHCHR can send an investigation mission to any country to probe serious human violation allegations. Second: if any influential member wants to send such an investigation mission, they would place a proposal at the UN Human Rights Council, and the mission will be sent once the proposal is passed. Third: if any country seek UN cooperation on investigation into their serious human rights violations to ensure international standards and transparency, in that case the UN sends investigation missions.

“Accountability for violations and justice for the victims are key for the way forward, and will need to be accompanied by a national healing process,” Volker Turk said. “A comprehensive, impartial and transparent investigation into all human rights violations and abuses that have occurred will be a critical first step.”