Crossfire and Violation of Human Rights in Bangladesh

Author(s):  
Md. Awal Hossain Mollah

The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Though the law enforcing agencies are primarily responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a society, however, the violation of human rights by the law enforcing agencies in Bangladesh has increased severely for the last few years. This paper critically examines the existing legal framework of governing the law enforcing agency, causes of violation of human rights and finally pinpoint some recommendations for the eradication of the pitfalls of security forces.

Author(s):  
Shalini Bahuguna, Et. al.

Human rights jurisprudence has greatly contributed to criminal reforms and has had an impact on India. Crime reforms across the globe also have an impact on India. The conceptualization with respect to penal reform originated in the reformist theory of punishment.[1] The time prison must have such meaning that enhances the values ​​of the reform in it. The reformer's appearance is about to add a sense of humanity in the system of criminal reformation and also to add the human values ​​into the system of prison and prison officials have to work to achieve it.[2] The level of protection guaranteed by the law for the reformatory therapy of prisoners must be carried out within a national legal framework and India does not have the same.  


2020 ◽  
pp. 118-157
Author(s):  
Nikita Agarwal

This essay seeks to draw upon the updates of the Jagdalpur Legal Aid Group (JagLAG), a group of women lawyers working in the conflict-torn region of South Chhattisgarh representing adivasis of Bastar at various sites of law and documenting law in conflict. Using the JagLAG updates as archives of the life of law in Bastar, the chapter draws upon the life of law in a terrain of violence, wherein the Rule of Law collapses under the weight of the gun and the subject of law is dehumanized; reduced to a development project of the state requiring uplifting and is denied all human rights. Divided into three parts, the chapter maps out the capacity of law to fashion itself to suit the needs of the state apparatus which grows increasingly offensive and brazenly disregards human rights, silencing any form of dissent as it storms through the forests of Bastar, destroying countless lives in its stead. Notwithstanding the bourgeoisie nature of law which by design seeks to alienate and oppress, the chapter leaves behind questions worth pondering over. Are there possibilities in the law of articulating, ascertaining and asserting the voices of the marginalized, of those who are perceived as enemies of the state, mere casualties in the State’s endeavour of combating a law and order situation or is vesting any energy and hope in such a possibility of law a useless exercise?


2017 ◽  
Vol 10 (4) ◽  
pp. 197
Author(s):  
Galina S. Belyaeva ◽  
Boris V. Makogon ◽  
Sergej N. Bezugly ◽  
Marina L. Prokhorova ◽  
Dariusz Szpoper

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.


2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens


2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.


2003 ◽  
Vol 175 ◽  
pp. 623-642 ◽  
Author(s):  
Ronald C. Keith ◽  
Zhiqiu Lin

This article examines the CCP's “falun gong problem” with reference to PRC law and policy on “heretical cults,” paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a “repressive legal framework” that threatens human rights. The “falun gong problem” is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of “flexibility” challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.


Author(s):  
Allan Hermit Prasetyo

The guidance and development of military law are needed and intended to guarantee the respect for human rights, rule of law and justice in the military environment, which among others are manifested through a system of law and order in the law number 25 of 2014 on the law of military discipline. Under the provisions of article 6 paragraph (1) of law number 25 0f 2014, then the law of military discipline should be imposed on any person  who under the law equated with the military, including the citizens who are mobilized for their expertise in time of war. The enforcement is considered to be too early, given the sentencing of military discipline for offenders who have violated the law of military discipline must be performed by the Authorized adjudge (Ankum), but on the other hand, the law of number 25 of 2014 on the law military discipline does not provide any explicit and complete arrangements or provisions about the Ankum’s authority in enforcing discipline  against citizen who are mobilized in time of war. Through the method of the normative legal research with an approach to the concept and approach to legislation, it can be concluded that assesment  of vagueness  of these arrangements is quite essential, considering that the vaqueness of these arrangements may result in legal uncertainty, therefore, it is needed more complete arrangement in order to implement the provisions of the law of military discipline against citizens who mobilized in time of war. Keywords : Authority, The Authorized adjudge, Citizens who are mobilized. Pembinaan dan pengembangan hukum militer diperlukan dan ditujukan untuk menjamin terciptanya penghormatan terhadap hak asasi manusia, kepastian hukum dan keadilan di lingkungan militer, yang diantaranya diwujudkan melalui suatu sistem dan tatanan hukum dalam Undang-Undang Nomor 25 Tahun 2014 tentang Hukum Disiplin Militer. Berdasarkan ketentuan Pasal 6 ayat (1) Undang-Undang Nomor 25 Tahun 2014, maka Hukum Disiplin Militer juga diberlakukan kepada setiap orang yang berdasarkan undang-undang dipersamakan dengan militer, diantaranya adalah warga negara yang dimobilisasi karena keahliannya pada waktu perang. Pemberlakuan ini dianggap terlampau dini, mengingat penjatuhan hukuman disiplin militer bagi pelaku yang melakukan pelanggaran hukum disiplin militer harus dilakukan oleh seorang Atasan Yang Berhak Menghukum (Ankum), namun di sisi lain, Undang-Undang Nomor 25 Tahun 2014 tentang Hukum Disiplin Militer tidak memberikan pengaturan secara tegas dan lengkap tentang kewenangan Ankum dalam menegakkan hukum disiplin terhadap warga negara yang dimobilisasi pada waktu perang. Melalui penelitian hukum normatif dengan pendekatan konsep hukum dan pendekatan perundangan-undangan, maka dapat disimpulkan bahwa pembahasan tentang kekaburan pengaturan ini merupakan hal yang cukup penting, mengingat kekaburan tersebut dapat menimbulkan ketidakpastian hukum, dan oleh karenanya diperlukan pengaturan lanjutan yang lebih lengkap dalam upaya menerapkan ketentuan hukum disiplin militer terhadap warga negara yang dimobilisasi pada waktu perang.


Author(s):  
Andrii Kubko

The matter of the responsibility of the state is of core importance in view of the modern legal system. The effective implementation of the responsibility of the state serves as a safeguard for securing a rule of law principle, the respect for human rights: absent such implementation these principles would be rendered nugatory. The state responsibility has evolved during the Ukraine’s move forward to the democratic, rule of law based nation. The country’s acceding to the international law instruments in the area of human rights protection, such as the European Convention and bilateral investment treaties has also contributed to the process of strengthening of the responsibility of the state. Currently the state’s responsibility is governed by the significant segment of the domestic as well as the international law and is capable of effectuated both through the national judiciary and international courts and tribunals. The matter of the responsibility of the state is closely interrelated with the issue of the state’s interests implementation. The interests of the state are recognized both in the law and in the theory. The effective implementation of such interests, e,g, of those related to securing the national sovereignty, law and order, territorial integrity, due functioning of the state machinery etc. is an objective necessity. At the same time the state, when implementing its interests, often has to restrict, limit, interfere with other social interests, e,g. those of private persons, social groups, civil society and the private rights. The measures implemented by the state on the legislative, governmental or judicial level aimed at implementation of the state’s interests result on many occasions in the conflict between the respective state interests and those affected by such measures. This situation is capable of giving rise to the state held responsible for the violation of the undertaking in the area of human rights protection from the domestic or international law perspective. Against the above background the state is to be said to be justified in implementing the measures restricting or interfering with the private, collective, social interests where such measures pursue not only the interest of the state, but collaterally the public interest. Thus the state interest, in order to justify the state’s above measures should be a public in nature and be of general social value.


2020 ◽  
Vol 16 (1) ◽  
pp. 148-154
Author(s):  
Елена Тулупова ◽  
Татьяна Демидова

Equality and equity are the central principles of human rights, being special values (standards) of any democratic and rule-of-law state. A provision that enshrines the equity of all human beings and the equality of men and women should be seen as a guarantee that mediates the functioning of all branches of government. The article reviews the peculiarities of the legislative consolidation and implementation of the constitutional provision on the equality of men and women in Brandenburg. In addition, the article analyzes the Law on Parity adopted by the State in 2019, according to which parties are obliged to include equal number of men and women as candidates in the lists of the State in elections. Different views on its feasibility and effectiveness are studied.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


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