Illicit Trafficking in Cultural Goods: Impacts and Policies

Illicit Trafficking in Cultural Goods: Impacts and Policies Title: Illicit trafficking in cultural goods with special emphasis on Mauritius. INTRODUCTION The international market place for cultural goods is a billion rupees market. Every day in the world thief or looters are smuggling out cultural goods from their countries of origins and sold them to foreign countries. My aim in this project is to improve our understanding of trafficking in cultural objects in order to make people aware that illegal trading of cultural goods is an offense as cultural objects function as a repository of memory and which enable each culture around the world to speak about themselves and about their origins. Furthermore cultural goods are the only evidences left for us to promote and to safeguard one’s culture and origins. Cultural goods are the key artefacts and are part of universal story of humanity so once those cultural objects are crossing boundaries of countries to be sold illegally to foreign countries, at the same time our cultural identity is fading. And once those cultural goods are stolen, looted or destroyed, they will be lost forever, thus we must stop illicit trafficking in cultural objects. LITERATURE REVIEW Definition What is cultural good? We often see the terms cultural â€Å"property†, â€Å"heritage†, â€Å"goods† and â€Å"objects† interchanged. Each state has its own definition of cultural â€Å"goods†, â€Å"heritage† or â€Å"property†. And that’s why the two big international conventions addressing illicit trafficking in cultural objects, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects was created for the purpose of helping each state to get a more appropriate legal definition of the term cultural goods so as for them to be able to prevent trafficking in cultural objects and also to prevent the provenance of an cultural good. Under article 1 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property and under article 2 of the 1995 UNIDROIT Convention, both convention define the term ‘cultural property’, â€Å"as property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science†[1]. And both conventions have set up a categories of cultural objects so as for each states to get a clear understanding of what cultural goods really consist of and as well this will help states to classify and draw a list of heritage which their countries possessed with the reference to the listed categories of cultural objects which both Convention have catered for.[2] Types of cultural heritage: 1) Tangible heritage 2) Intangible heritage tangible heritage is one that can be stored and physically touched. This includes items produced by the cultural group such as traditional clothing, utensils (such as beadwork, water vessels), or vehicles (such as the ox wagon). Tangible heritages include great monuments such as temples, pyramids, and public monuments An intangible heritage is what exists intellectually in the culture. It is not a physical or tangible item. Intangible heritage includes songs, myths, beliefs, superstitions, oral poetry, as well as various forms of traditional knowledge such as ethno botanical knowledge. For example for the Southern Kalahari San, each tree and many other physical sites are part of their intangible heritage as their history is associated with these sites through stories, names and songs.[3] WHAT IS ILLICIT TRAFFICKING IN CULTURAL GOODS? The illicit trafficking of cultural goods is a very complex problem. Illicit trafficking can be classified under various forms and it is a lucrative business. Factors like geography, political environment and socio –economic, are sometimes responsible for the rise of illegal trafficking of those cultural goods.[4] Illicit trafficking in cultural objects is when an individual or a group of people is generating a profitable underground market at the expenses of stolen artefacts or objects, of illegal excavation of archaeological and paleontological sites and of illegal import and export of cultural property. Trafficking in cultural objects allows criminals to seize an opportunity to deal with high amount of items that are very often lack protection. Thus, since these merchandise are poorly protected, the thieves or looters can do illegal import and export from countries to countries. In the paper, Perspective on the organisation and control of the illicit traffic in antiquities in South East Asia written by Christine Alder, associate researcher in criminology University of Melbourne, Duncan Chappell, Professorial Fellow, Center for Transnational Crime Prevention,University of Wollongong,Australia and by Kenneth Polk,Professor of Criminology,University of Melbourne, Australia during the International Conference on â€Å"Organised crime in art and antiquities† Courmayeur Mont Blanc, Italy12-14 December 2008 , the authors noted that since illicit tracfficking is a lucrative business, thus that type of market can become very dangerous as it dealt with a huge amount of laundered money. And when money is made while selling cultural goods, those making that money are often connected to police or military authorities, and take an unpromising and gloomy view of interference in their lucrative business.[5] The fact that illicit trafficking often deals with political development and economic crisis; this further worsens the fight of illegal trafficking of cultural goods. Moreover when a country possesses a rich culture, it is more vulnerable to cultural pillage. For example countries like Cambodia, Italy, Africa, Oceania, Eastern Europe, Greece and Turkey are very prone to plundering of cultural materials. Countries like Cambodia with a rich culture but with a poor economy are more likely to be victims of illicit trafficking of cultural goods. As Etienne Clement, UNESCO,Director saysâ€Å" Cambodia’s culture is very rich, but the country itself is very poor. It’s an ideal situation for illegal trafficking† (BBC online, 2004)[6]. In Cambodia since there economic situation are poor, the looters are usually local people hoping to earn a few dollars. In Cambodia has faced massacre of its cultural goods and the problem is still going on even if the UNESCO has intervene in Cambodia. Hundreds of statues are without heads and walls are often marked with Graffiti. Hundreds and hundreds of sites are being dug up every day, said Dougald ORe illy, the director of Heritage Watch, an independent group aiming to safeguard Cambodias cultural heritage. In Cambodia heritage sites are often difficult to get access and that’s why it is difficult for the authorities to police the sites. And as Dougald O’Reilly said to the BBC online, sometime UNESCO tend to focus on particularly size only then paying less attention to other important sites which dated from Bronze and Iron Ages(BBC online)[7]. And something which is more sad and alarming is when we witness how people little by little are selling their cultural identity and destroying their origins just for the sake of a few coins. This demonstrate that those thief or looter who are selling those cultural treasure lack notions on the history of their countries and on other hands they are forced to indulged themselves to this illegal act because they are also living in a poor conditions. Mr O’Reilly put further to the BBC online that in Cambodia, In some parts of the country, you can buy 10 kilograms of ancient iron from these cemeteries for just 25 cents, its very openly sold in local markets.[8] Moreover cultural objects can easily be sold as shop owner or dealers to promote their goods they even present evidences of plunder as a means of guaranteeing the authenticity of their merchandise.[9] Another problem why cultural goods are being able cross boundaries and reach foreign countries is because there is a lack of documentation regarding the provenance of cultural goods. And also, officials working in the field of exporting and importing have no or minimum knowledge of archaeology or lack notion of cultural studies therefore it is difficult for them to capture criminals and identify cultural goods. All these factors, contribute further for â€Å"heritage plundering†. And today, the illicit traffic in cultural property continues internationally and is estimated to be worth $4.5 million dollars a year.[10] Furthermore according to Dr. George Abungu, an archaeologist and the founding Director at Okello Abungu Heritage Consultant, he said that colonialism and the spread of Christianity are also responsible for the huge plunder of African heritage. African heritage was destroyed with the new religion such as for example, â€Å"the evangelisation of the African continent and the Black man’s heart†, and other were collected and transported in the name of His or Her majesty’s government.[11] Invasion by the British, German and the French are also responsible for heritage destruction. For example the British expedition in Benin City, Nigeria and those of the Asante Kingdom at Kumasi in Ghana. And such expedition were undertaken in Asia, South America, and in Africa and as well as in North America. And cultural goods were looted and those responsible for this illegal act were considered as lawful collecting rather than plunder.[12] The fact that cultural goods has the ability to communicate, either directly or by association, an aspect of reality which transcends time or space gives it special significance and is therefore something to be sought after and protected. Legal instruments to combat illicit trafficking in cultural goods Every day around the world, massive pillage of cultural heritage is taking place. Cultural heritage since it is irreplaceable by nature; therefore it should be protected at any cost. The illegal trafficking of cultural goods affects humanity greatly. This type of trafficking affects museums, private and public collections, legitimate owner or possessors, worship buildings, cultural institution and as well as archaeological sites if we do not take actions immediately. As we all know if cultural goods are destroyed completely, nothing will be left for our future generations. And today since many people want a rich and better future for their children and family and for their countries as well so as not to kill the rich culture of one’s family or country, many states have decided to work together to create severe laws so as to punish those responsible for the destruction of our only cultural objects left by our people and by nature. The magnitude of this type of trafficking is becoming very alarming and developed countries are not excluded from illicit trafficking like developing countries. For example countries like France, Poland, Russia, Germany and Italy are known to be the most targeted countries for heritage traffickers. For example in 40 years, the Italian Carabinieri ( The National Military Police of Italy) has recovered 800 thousands stolen or illegally excavated artefacts[13]. Furthermore, the destruction of our world cultural heritage should not be held responsible mainly by theft or looters, as factors like climate change, globalisation, wartime, pollution and uncontrolled tourists are also factors contributing to the destruction of cultural objects. Iraq, Afghanistan and Syria are facing massive heritage plundering. For example in Afghanistan, according to the Afghan Ministry of Culture, 35 artefacts and approximately 7000 books, housed in the department building were destroyed in the 4th September attack. Over a hundred cultural artefacts were rescued as well as 5000 books.[14] And the Director and the Representative of the UNESCO in Afghanistan, Mr Paolo Fontani has put forward in a statement at the UNESCO office in Kabul and has expressed his deepest concern on the protection of the cultural artefacts that, â€Å" Our first thoughts go to the victims of this ruthless act, and to their families†, adding that â€Å"the irreversible loss of these unique artefacts should be equally condemned, since such artefacts underpin the cultural identity of the local communities and provide the foundation over which the fabric of society should be rebuilt†.[15] For the purpose to protect the culture of the humanity and in order to preserve and conserve our cultural goods, a set of legal instrument has been created. The three main legal instrument to cater for our cultural heritage are the Convention on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property of 1970, the UNIDROIT 1995 Convention and the 1954 Hague Convention on the Protection of cultural Property in the Event of Armed Conflict. The Hague convention was adopted in 14 of May 1954 during the Second World War so as to combat massive destruction of cultural heritage. And the Hague convention was the first international convention aimed to protect cultural goods during armed-conflicts. The Hague convention deals with both movable and immovable cultural heritage including architecture, art or history, archaeological sites, work of art , manuscripts , books and other objects of artistic, historical and of archaeological inter est and as well as scientific collections of all kinds regardless of their origins and ownership. The article 4(3) of the Hague convention as follows â€Å"The high contracting parties further undertake to prohibit, prevent, and if necessary, put a stop to any form of theft, pillage or misappropriation of, any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another high contracting party† clearly said that each country should respect their cultural property and the cultural property of other foreign states. Concerned about the new phenomenon of trafficking in cultural property in times of peace, the international community, through the United Nations Educational, Scientific and Cultural Organization (UNESCO)adopted in 1970 the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, which currently has 116 States Parties, including Mauritius. The 1970 UNESCO convention has set up 3 measures as follows: efforts in drawing up inventories, in certification and in education in order to fight illicit trafficking in cultural goods. The convention recommends each party who has ratified the UNESCO 1970 convention to prohibit the exportation of cultural property from its territory unless these cultural properties are accompanied by an export certificate. And the 1970 Convention also states that each nation should define their national treasure in a list and then these will be protected when stolen. The convention also provides mechanism for states to recover stolen property, but the nominated cultural property must be of national importance. The convention also consider that the protection of cultural heritage can be effective only if organized both nationally and internationally among States working in close co-operation and that that, as cultural institutions, museums, libraries and archives should ensure that their collections are built up in accordance with universally recognized moral principles. Furthermore, since we lack a list of cultural goods and services at the international level, the UNESCO has established a list to define cultural goods and services namely the UNESCO Framework for cultural statistics (FCS). This list classified each cultural goods and services in their respective categories. But this FSC was created in the 1980’s and has not been revised since then, nevertheless the FSC still serves us to get the proper definition of cultural goods and services.[16] The UNESCO also raises questions on previous cases which the 1970 convention does not covered which is a very good initiative taken so as to protect our heritage at the maximum. And moreover, in 1978 the UNESCO during intergovernmental committee, for promoting the return of cultural property for its country of origin or its restitution in case of illegal appropriation the ICPRCP[17] was established as a permanent intergovernmental advisory body by the UNESCO. Set up in 1978 by the resolution 20 C4/ 7.6/5 at the 20th Session of the UNESCO General Conference of UNESCO, the return and restitution committee comprises 22 Member States, which meet every two years and can also organize meetings. The main objective of this committee, is, to search for new solutions and means of facilitating bilateral negotiations, promoting multilateral and bilateral cooperation purposely to the restitution or return of cultural property as well as encouraging a public information campaign on the issue, and promoting exchanges of cultural property. Moreover, the 1970 Convention’s most important attribute are a provision for export certification. The cooperative measures are often enshrined in international agreements, that were noted earlier and also a mandate that parties restitute properties within their jurisdiction stolen from museums, monuments and so on. The UNESCO regime to protect cultural heritage also include non-binding declarations and recommendation to amplify the treaty framework. For example the 2003 declaration concerning the International Destruction of cultural Heritage largely responded to the demolition of two colossal Buddhist statues in Bamiyan, Afghanistan by the Taliban government of that country. This declaration addresses the problem of intentional destruction, whether in peace time and wartime. mnbb [1] Article 1, 1970 UNESCO CONVENTION http://www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/1970-convention/text-of-the-convention [2] article 1 of the 1970 UNESCO convention on the Means of Prohibiting and Preventing the Illicit Export, Import and Transfer of Ownership of Cultural Property and also see the Annex of the 1995 UNIDROIT convention .Article 1 of the 1970 UNESCO Convention and the Annex to the 1995 UNIDROIT Convention read as follows: â€Å" (a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest; (b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artist and to events of national importance; (c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries; (d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; (f) objects of ethnological interest; (g) property of artistic interest, such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); (ii)original works of statuary art and sculpture in any material; (iii)original engravings, prints and lithographs; (iv) original artistic assemblages and montages in any material; (h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; (i) postage, revenue and similar stamps, singly or in collections; (j) archives, including sound, photographic and cinematographic archives; (k) articles of furniture more than one hundred years old and old musical instruments.† [3]www.sanculture.org [4] Illicit trafficking in cultural goods is, as other types of illicit traffics, a complex, vast and multifaceted issue. http://icom.museum/programmes/fighting-illicit-traffic/. [5] Organised crime in art and antiquities, Courmayeur Mont Blanc, Italy12-14 December 2008,p 93 edited by Stefano Manacorda,2009. [6] Race to save cambodia’s heritage, Kate Mcgeown, BBC online,2004. http://news.bbc.co.uk/2/hi/asia-pacific/3784135.stm [7] Race to save cambodia’s heritage, Kate Mcgeown, BBC online,2004. http://news.bbc.co.uk/2/hi/asia-pacific/3784135.stm [8]Kate McGeown, Race to Save Cambodias Heritage, BBC News. 9 June 2004 http://news.bbc.co.uk/2/hi/asia-pacific/3784135.stm [9] Organised crime in art and antiquities, Courmayeur Mont Blanc, Italy12-14 December 2008,p 98 edited by Stefano Manacorda,2009 [10] UTIMUT, Discussion on repatriation in the 21st century, Copenhagen 2008,p36, by Mille Gabriel and Jens Dahl. [11] UTIMUT,â€Å"UNIVERSAL MUSEUMS†:NEW CONTESTATIONS, NEW CONTROVERSIES, by George Abungu,p34 [12] UTIMUT,â€Å"UNIVERSAL MUSEUMS†:NEW CONTESTATIONS, NEW CONTROVERSIES, by George Abungu,p35 [13]www.unesco.org, 40 Years of Fighting the Illicit Trafficking of Cultural Goods | Culture and development UNESCO Multimedia Archives [14] UNESCO office in Kabul, Statement by the Director UNESCO Kabul Office concerning the destruction of ancient artefacts in Ghazni, Afghanistan, www.unesco.org. [15] UNESCO office in Kabul, Statement by the Director UNESCO Kabul Office concerning the destruction of ancient artefacts in Ghazni, Afghanistan, www.unesco.org . [16] A note on the list of cultural goods and services,2004, http://www.unesco.org/culture/culturaldiversity/docs_pre_2007/clt_cpd_note_list_goods_services_en_092004.pdf [17] http://www.unesco.org/culture/laws/returncommittee Extra judicial Killing: Myth or Reality? Extra judicial Killing: Myth or Reality? How interesting it is that in Bangladesh the elite force named as Rapid Action Battalion [RAB] kills the arrested persons by the name of cross-fire and name them the criminals. Extra-judicial, thus the term is used to state the killings. It is called extra judicial because of its type, which works as a process outside the judiciary system of Bangladesh. Farid Ahmed in a non periodical web journal (2010), Such killings are often described in police reports as involving crime suspects who resisted arrests or attacked the police. Many of the victims, human rights groups charge, were killed while in police custody. But in their official statements, police said they were killed in the crossfire during violent incidents in prison facilities. The police were compelled to open fire at those attacking them, they said.  [1]   According to the Human Rights Watch (2006): One of the first publicized RAB killings was of the wanted criminal suspect Pichchi Hannan in Dhaka on August 6, 2004. This is when the era of extra judicial killing has started and still going on. Not only the RAB but also some other armed forces are involved in this kind of activity.  [2]   Whether extrajudicial killing is a myth or is it a reality is the main motive for me to conduct this research. A lot of people are being killed by the armed force, often named as elite force, but is it truly extra judicial killing or is the crossfire the reality, which one is true? We see a lot of incidents addressing the extra-judicial killings everyday when looking at the newspaper. Theres hardly any day with no crossfire news, and thus I think people should be clear about the extra judicial killing matter and to reveal the original fact as I conduct the research. My research will give a clear cut idea about the extra judicial killing and the scenario of our countrys perspective. However, it is often said by the authority and also by the political leaders that these so called extra-judicial killings are only the unfortunate deaths of the suspected criminals in the cross-fire. According to the Bangladesh Media article No extrajudicial executions carried out: RAB DG (2010): The director-general of the RAB, Hasan Mahmud Khandakar, addressing the media at the sixth anniversary of the elite law enforcement body in its headquarters on Sunday, told newsmen, A total of 622 suspected criminals were killed in by the RAB in crossfire across the country in the last six years, including 14 suspected criminals who were killed in the last three months. The RAB chief, however, claimed that no extra-judicial killing was carried out by the battalions personnel in the last six years.  [3]   The issue of extra-judicial killing is one of the big concerns for a country like Bangladesh where the chance of misuse of the theme, under the name of crossfire is highly possible for a 3rd world country like us. The concern of different human right organizations have argued about the extrajudicial killings and raised a lot of questions. My report will reveal whether the extra-judicial killing under the name of crossfire is true or just a myth. The History of Extra Judicial Killing As its name suggest, it is done outside the framework of the judiciary system of Bangladesh, which is the killings of a suspected criminal under the custody of the armed force, often using the term self protection or accusing the suspected criminal to escape; which is a violation of the rule of law. From the very beginning of Bangladeshs birth in 1971, different political parties used their political power to impetus the killings by the armed forces and used these forces in in violation of the law to consolidate power and maintain control. The continuous process started during the time period of BNP led govt. after forming coalition with three smaller parties: Jamaat-e-Islami (which won 4.3 percent), Jatiya Party-Naziur (1.1 percent), and Islamic Okye Jote (0.7 percent) in 0ctober, 2001. After taking power, to fulfill the one election agenda to fight against crime, and to tackle criticism from people, the govt. then deployed fourty thousand military personal to fight crime under the name of Operation Clean Heart. Thousands of people were arrested and at least 50 people were reported to be dead under their custody. Due to the failure of the operation, the government then decided to form an elite force group with a special unit of police with commando training called the Rapid Act ion Team, or RAT, which is now known as Rapid Action Battalion or RAB. As stated by the law, The main tasks of the RAB, according to the law, are to: Provide internal security Conduct intelligence into criminal activity Recover illegal arms Arrest criminals and members of armed gangs Assist other law enforcement agencies Investigate any offense as ordered by the government.  [4]   According to the Asian Human Rights Commission: The army killed 58 people in custody. See Asian Legal Resource Center and Asian Human Rights Commission, Lawless Law-enforcement the Parody of Judiciary in Bangladesh, August 2006.According to the Bangladesh NGO Forum for Secular Bangladesh, the army killed 53 people in custody and physically abused 7,000. See Forum for Secular Bangladesh, Violation of Human Rights by the Coalition Government of Bangladesh, September 2006.  [5]   However, the Operation Clean Heart did not succeed in bringing crime under adequate control, and vigilantism against so-called criminals continued. Hence the special police force proved unsuccessful in combating crime due to the lack of trained professionals, disorganization, and corruption in the force. Structuring from the experience from Operation Clean Heart, the government took steps to give the military a law enforcement role. Then, later on the RAB was created with the motto to fight criminals and reduce crime. According to a human rights lawyer: Critics complained that, rather than building a new crime-fighting force, the government should undertake efforts to reform law enforcement and the courts. Creating RAB, they feared, would undermine the police. With Operation Clean Heart in mind, some worried about using the military for civilian policing. They saw RAB as a way for the government to deploy the army for policing tasks, with one lawyer even calling it martial law in disguise. Other Facts Various human right watchdogs claimed that 1,142 victims have so far been slain in extrajudicial killings since 24 June, 2004 when the RAB began its journey by killing people in crossfire. Among the 1,142 victims, 149 were killed in 2004, 340 in 2005, 290 in 2006, 130 in 2007, 136 in 2008 and 97 in 2009. During the immediate-past emergency regime which continued for about two years, 322 people were killed in an extrajudicial manner. On the other hand, DG of RAB claimed that no extra-judicial killing is carried out but some criminals were caught in crossfire during the battle. He also claimed that 6,931 firearms have been seized by the RAB in the last six years 580 in 2004, 909 in 2005, 889 in 2006, 1,416 in 2007, 1,374 in 2008, 1,338 in 2009 and 425 in the last three months. The RAB arrested a total of 64,664 suspected criminals, after conducting drives throughout the country, on charges of various crimes including murder, kidnapping, extortion, tender manipulation, militancy and possession of illegal firearms. Of them 2569 in 2004, 4929 in 2005, 7277 in 2006, 13569 in 2007, 13378 in 2008, 16730 in 2009 and 4012 in last three months of 2010.  [6]   The attitude of people in law enforcement agencies has not changed, at least on the issue of extra judicial killings despite the judiciary ordering them to stop killing people under the guise of crossfire, encounter, and gunfight. Although much of such action has stopped, it is not a sustainable solution. But the decision has been hailed an eye-opener by many including human rights organizations. The High Court issued the suo motto order over extra judicial killings on November 17. It gave the government two weeks, initially, to explain why the killing of two brothers, Lutfor and Khairul Khalasi by law enforcement agencies in Madaripur on Nov.16 should not be declared extrajudicial. The government has yet to reply and the Attorney General has sought more time, presumably until the court resumes on January 3, 2010. During the year although there were some positive activities by the government, most sectors in the country were devoid of any human rights, the rule of law and good governance. Religious minorities were oppressed and press freedoms were violated almost every other day.  [7]   Only a few human rights organizations have long been asking the government to stop the killings, terming them extrajudicial. Moreover, the High Court of Bangladesh, on June 29, 2009, High Court of Bangladesh asked the government to explain why killing people without a trial, in the form of extrajudicial killings, is not being declared as illegal, and why measures are not being taken against the perpetrators. After this ruling, we still havent seen anything happen. However in recent times, after the Awami League came to power, many thought the Awami govt. will abolish the RAB. But, in march 2006, Seikh Hasina said, But we will not do so. Rather Rab will be given a special assignment to capture corrupt people.  [8]   Extrajudicial killings continue even in violation of the High Courts ruling. How can they continue? Its very alarming for human rights, democracy and the right to life. And why is the High Court silent regarding this gross human rights violation? Both governmental and nongovernmental sources have said that the death toll has reached 133 from such extrajudicial killings labeled as crossfire killings, encounter killings or gunfight killings by the Rapid Action Battalion (RAB) and the police since Jan. 6, when the Awami League-led government assumed office. In Bangladesh, we have a so-called democracy, but there is no rule of law if we consider extra judicial killing. Every day sees more killings of citizens by the state machinery, killings which are both well-planned and covered up. However, RAB never said that its extrajudicial killing. In contrast, Rab Director General (DG) Hassan Mahmood Khandker recently stated that, A total of 633 persons were killed in encounters with its members while 750 RAB men were punished for their unlawful acts. Among the 750 punished RAB members, 350 were sacked while the rest 400 suffered imprisonment in different tenures. Also RAB intelligence personnel are only on duty to tackle the criminal activities.  [9]   However, on contrary, extrajudicial killing have been going on very rapidly of violating the highest court ruling order, the Constitution and the Universal Declaration by law enforcers. The term extrajudicial killing means execution without justice. This is a grave human rights violation. Its both a violation of Bangladeshs constitution and of the UNs Universal Declaration of Human Rights.  [10]  But these types of killings still occur frequently in Bangladesh. The government of Bangladesh has been violating the constitution and the Universal Declaration of Human Rights day after day since 2002 (including operation clean heart). In 2004, the BNP-Jamaat government made a decision about extrajudicial killings and formed the RAB. From March 26, 2004 until January 31, 2009, around 1,600 people (including 58 58 killed peoples in operation clean heart of 2002) have been killed without justice. The government of Bangladesh has sided with the extrajudicial killings. Prime Minister Sheikh Hasina has also said, in an indirect way, that extrajudicial killings will continue. She spoke clearly, upholding crossfire killings. What was said by our popular Prime Minister Sheikh Hasina in New York is very unfortunate for the rule of law, democracy, the constitution, and the Universal Declaration of Human Rights, as well as the people of Bangladesh. According to the Bdnews24.com, Sheikh Hasina talked with journalists in New York on Sept. 27, 2009. Referring to crossfire killings at the time, she said, I do not believe in extrajudicial killings. But if anyone launches an armed attack (against a law enforcer), then they shouldnt be allowed to kill them like sitting ducks.  [11]   Bangladeshs elite Rapid Action Battalion continues to engage in extrajudicial killings despite Supreme Court directives to halt it. Although the court is handling the issue of extrajudicial killings, RAB does not seem to be bothered either about the judiciary or the countrys laws. The assertions of responsible people in the present government are shocking. Home minister Sahara Khatun recently said that, there was no crossfire. It seems, either directly or indirectly, the home minister and other ministers are defending the perpetrators of such crossfire killings. Finally we can say that, in Bangladesh has no rule of law. We want to say that the reports of so-called crossfire killings, encounter killings or gunfight killings that are made by the RAB and the police are totally false. We believe that terrorism should never be combated or controlled through state killings. It is the establishment of the rule of law that is essential to control terrorism. Conclusion Finally we can say that, numerous killings are being carried out extra-judicially; the perpetrators remain above the law; and the victims have no recourse to protection or redress under the law. This represents a violation of Article 31 of the Constitution, which reads: To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.  [12]   However, beyond impunity, those responsible for such killings are being rewarded for their actions. Torture and the threat of extra-judicial killing are used by the police and the RAB to extract money from persons that they arrest. Furthermore, the RAB was even awarded the prized Independence Award to the Rapid Action Battalion (RAB) on March 23, 2006, as part of Bangladeshs 35th Independence Day celebrations, for its activities. Therefore, it is revealed that this kind of activities by the RAB is clearly a false ideology to name the extrajudicial killing under the name of crossfire, is just only to eye wash the general public, and some day it may have negative effect on the society and country as a whole. So the govt. and the people of Bangladesh should raise its voice against it and it should be stopped soon.