The Verdict and the Vindication

The trial court has delivered its verdict. The charge sheet and confessional statements revealed that the accused RAB functionaries killed seven persons in Naryanganj in April 2014 by injecting a numbing substance into their bodies and then suffocating them with plastic bags. Their disemboweled bodies were filled up with bricks before being thrown in the confluence of river Meghna. Within days their floating bodies were discovered. All those indicted in the gruesome killings and attempts to hide the dastardly acts have been found guilty and handed down severe sentences. This verdict will surely stand out in the annals of the criminal justice system of the country. 

It will be so for a number of reasons. Firstly, there was little doubt of the involvement in the crime of those convicted, even then the judgment was quite refreshing for a populace that has almost resigned to the fact that the arm of the law generally falls short in reaching the powerful perpetrators; particularly so, if the latter are politically linked. Secondly, the pace at which justice was dispensed. Within twelve months of the commission of the crime the charge sheet was submitted, the trial court has pronounced its verdict within nine months of filing of the charge sheet. Thirdly, the perpetrators committed the act abusing their lawful authority for personal pecuniary gains. A figure of Tk. 6 crore was believed to have been promised for the contracted work. And fourthly, and most importantly, twenty-five members of those convicted and sentenced belong to what is generally dubbed as the elite force, the Rapid Action Battalion. They were on secondment to RAB 11 from the army (11), navy (2), BGB (3) police (7) and Ansar (2). 

The verdict has been hailed and welcomed by the members of the victims' families and relatives, the friends and colleagues of the deceased, and the people of Narayanganj who acted in unison in condemning the brutality. Powerful ministers have also greeted the ruling. The Home Minister stated that rule of law has been upheld by the verdict that vindicated that no one is outside the purview of the law. The Law Minister observed that it would allay fear that prevailed in the public mind. The Awami League Secretary and the Transport and Communications Minister noted justice has prevailed. He declared, "no one … involved in crime, would be spared". 

So, what led to the successful conviction in this sensational murder case? The resolute and uncompromising stand for justice of the members of the victims' families, putting aside partisan interests, the united effort of the members of the Narayanganj bar, mobilisation of public opinion across the nation by civic groups, the close and intense scrutiny of media, and the timely and decisive move of the higher judiciary have all converged and contributed in securing justice.

There is every reason to celebrate this landmark verdict. For a nation used to the grim reality of law enforcement agencies refusing to entertain complaints of disappearances and extra-judicial killings, let alone launching proper investigations, this case has been a vindication that such incidents indeed do occur. It is also a proof for those in charge of administering the law enforcement agencies to acknowledge that unlawful acts, including contract killing by errant members of the agencies, is a fact to reckon with. Instead of treating the Naryanganj murders as a stray event, the political establishment will better serve the nation by conceding that there is a need for review of the quick-fix approach to law enforcement as embodied in the agency such as the RAB. It is worth recalling that BNP, which launched the infamous 'Operation Clean Heart' and took credit for establishing the RAB "for eliminating crime", faced with its excesses was subsequently forced to reassess its position. 

The family members of the Narayanganj victims have expressed their satisfaction for securing justice. This was the very least they could expect from the State. Time has come for the State to own up to the activities of the members of its law enforcement agencies. Over the years, across political regimes, demands for reining in errant members of the security agencies have fallen on deaf ears. Such refusal to acknowledge the reality, often on the flimsy ground that the "disappearance does not exist in our legal lexicon", has created grounds for breeding a culture of impunity. Abusing authority became almost systemic. Thus, instead of blaming "a group of derailed officers", it is time for the political establishment to take cue from the Narayanganj verdict and institute judicial inquiry into each and every claim of disappearance and extra-judicial killing. It is also appropriate to demand financial compensation to the families for the sufferings inflicted by illegal acts of the State functionaries.

The trial court judgment is an important first step in the legal process. It has imbued people's confidence in the lower judiciary. In the past, original judgments endured reversals on appeal in higher courts and from the President. One hopes that the higher judiciary and the President's office will uphold the verdict. 

There are hundreds of other families of victims of disappearances and extra-judicial killings. Like the families of the seven murder victims, those families have also pointed fingers at the members of law enforcement agencies and have the right to secure justice. Their suspicions are reinforced as the police refuse to entertain their complaints and properly investigate the cases in the same stride as they did in the Narayanganj case. Instead of dismissing their claims for 'tarnishing the image of security forces', proper investigations should be launched. Citing the Naryanganj judgment, the ministers have made elated claims that "rule of law have prevailed" and "justice ensured". If they really mean what they claim then let this verdict be a catalyst to end the culture of impunity. 

The writer teaches International Relations at the University of Dhaka.