Illicit Trafficking in Cultural Goods: Impacts and Policies

Illicit Trafficking in heathenish Goods Impacts and PoliciesTitle Illicit trafficking in heathenish goods with special emphasis on Mauritius.INTRODUCTIONThe inter case market place for ethnical goods is a billion rupees market. each solar mean solar day in the world thief or looters argon smuggling proscribed ethnic goods from their countries of origins and interchange them to foreign countries.My aim in this project is to improve our understanding of trafficking in pagan objects in order to make plenty awargon that unneeded discriminative trading of ethnic goods is an offense as cultural objects function as a repository of memory and which enable separately coating nearly the world to speak close to themselves and ab tabu their origins. what is more cultural goods argon the only evidences left for us to promote and to safeguard whizs kitchen-gardening and origins. Cultural goods ar the key fine arte items and ar vocalisation of universal story of humanity so once those cultural objects ar crossing boundaries of countries to be sold illegally to foreign countries, at the same time our cultural individuality is fading. And once those cultural goods argon stolen, looted or ruined, they allow be lost forever, thus we must stop illegitimate trafficking in cultural objects.LITERATURE REVIEWDefinitionWhat is cultural good?We often see the terms cultural quality, heritage, goods and objects interchanged. Each state has its own definition of cultural goods, heritage or shoes. And thats why the two big world(prenominal) concourses addressing extracurricular trafficking in cultural objects, the 1970 UNESCO conventionality on the Means of Prohibiting and Pr raseting the Illicit Export, eveningt 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 gravel a more distract legal definition of the term cultura l 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 conference define the term cultural property, as property which, on ghost manage or secular grounds, is specifically designated by each State as existence of importance for archaeology, prehistory, history, lit date of referenceture, art or intuition1. And both conventions gestate set up a categories of cultural objects so as for each states to get a lapse understanding of what cultural goods really consist of and as head 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 shit catered for.2Types of cu ltural heritage1) Tangible heritage2) In clear heritagetangible heritage is one that squirt be stored and tangiblely touched. This includes items produced by the cultural conclave much(prenominal) as traditional clothing, utensils (such as beadwork, water vessels), or vehicles (such as the ox wagon). Tangible heritages include great monuwork forcets such as temples, pyramids, and public monuments An intangible heritage is what exists intellectually in the culture. It is non a physical or tangible item. Intangible heritage includes songs, allegorys, beliefs, superstitions, oral poetry, as intumesce as various forms of traditional familiarity such as ethno botanical knowledge. For example for the Southern Kalahari San, each tree and m each antithetic physical sites are part of their intangible heritage as their history is associated with these sites through stories, fall upons and songs.3WHAT IS ILLICIT TRAFFICKING IN CULTURAL GOODS?The illicit trafficking of cultural good s is a very complex difficulty. Illicit trafficking dissolve be classify under various forms and it is a lucrative business. Factors like geography, political environment and socio economic, are closelytimes creditworthy for(p) 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 arte facts or objects, of illegal excavation of archeologic and paleontological sites and of illegal import and export of cultural property.Trafficking in cultural objects allows distressings to seize an opportunity to claim 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 look of the illicit traffic in antiquities in South East Asia writt en by Christine Alder, associate investigator 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 meeting on unionized aversion in art and antiquities Courmayeur Mont Blanc, Italy12-14 December 2008 , the authors noned that since illicit tracfficking is a lucrative business, thus that sheath of market can become very dangerous as it dealt with a huge amount of laundered capital. And when money is made mend selling cultural goods, those making that money are often connected to constabulary 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. only when a country possesses a rich culture, it is more vulnerable to cultural bare. For example countries like Cambodia, Italy, Africa, Oceania, easterly Europe, Greece and Turkey are very prone to plundering of cultural stuffs. 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 theorizes Cambodias culture is very rich, but the country itself is very poor. Its an ideal site for illegal trafficking (BBC online, 2004)6. In Cambodia since at that place economic situation are poor, the looters are usually local anaesthetic people hoping to earn a few dollars. In Cambodia has faced massacre of its cultural goods and the problem is still dismission 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 world dug up every day, said Dougald OReilly, the direct or of Heritage Watch, an independent group aiming to safeguard Cambodias cultural heritage. In Cambodia heritage sites are often unvoiced to get access and thats why it is difficult for the authorities to police the sites. And as Dougald OReilly said to the BBC online, some(a)time UNESCO tend to focus on oddly size only then paying less attention to other grand sites which dated from bronzy 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 nonions 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 OReilly put further to the BBC online that in Cambodia, In some parts of the country, you can purchase 10 kilograms of ancient iron from these cemeteries for just 25 cents, its very openly sold in local markets.8Moreover cultural objects can easily be sold as shop owner or dealers to promote their goods they even return evidences of plunder as a means of guaranteeing the authenticity of their merchandise.9 Another problem why cultural goods are organism 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 thence it is difficult for them to capture criminals and identify cultural goods. All these factors, contribute further for heritage plundering. And today, the illicit traffic in cultural property continues internationally and is estimated to be worth $4.5 million dollars a year.10Furthermore according to Dr. George Abungu, an archaeologist and the founding Directo r 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 newfound theology such as for example, the evangelisation of the African continent and the Black mans heart, and other were roll up and transported in the name of His or Her majestys regimen.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 swell as in northward America. And cultural goods were looted and those responsible for this illegal act were considered as lawfulnessful collecting rather than plunder.12The fact that cultural goods has the ability to communicate, either instantaneously 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 putzs to combat illicit trafficking in cultural goodsEvery day around the world, massive pillage of cultural heritage is fetching place. Cultural heritage since it is irreplaceable by nature therefore it should be protected at whatever cost. The illegal trafficking of cultural goods affects humanity greatly. This type of trafficking affects museums, private and public collections, legitimate owner or possessors, adoration buildings, cultural institution and as well as archaeologic sites if we do not take actions immediately. As we all know if cultural goods are destroyed completely, nothing will be left for our time to come generations. And today since some 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 ones family or country, many states have decided to work together to create sev ere 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 enough 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 bailiwick Military Police of Italy) has recovered 800 thousands stolen or illegally excavated artefacts13. 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, contamination 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 Mini stry of Culture, 35 artefacts and approximately 7000 books, ho utilise 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, Our first surveys go to the victims of this ruthless act, and to their families, adding that 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.15For 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 her itage 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 build up-conflicts. The Hague convention deals with both movable and real property cultural heritage including architecture, art or history, archaeological sites, work of art , manuscripts , books and other objects of artistic, historical and of archaeological touch 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 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 andPreventing 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. T he 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 nonionised both nationally and internationally among States working in close co-operation and that that, as cultural institutions, museums, libraries and story should undertake 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 est ablished 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. just now this FSC was created in the 1980s 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 ICPRCP17 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 reversible negotiations, promoting multilateral and bilateral cooperation purposely to the restitution or return of cultural property as well as back up a public information campaign on the issue, and promoting exchanges of cultural property.Moreover, the 1970 Conventions 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 inwardly their jurisdiction stolen from museums, monuments and so on. The UNESCO government to protect cultural heritage also include non-binding promulgations 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. mnbb1 Article 1, 1970 UNESCO grouphttp//www.unesco.org/new/en/culture/themes/illicit-trafficking-of-cultural-property/1970-convention/text-of-the-convention2 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 (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 systematic 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) ar chives, including sound, photographic and cinematographic archives(k) articles of furniture more than one hundred years old and old musical instruments.3www.sanculture.org4 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 cambodias heritage, Kate Mcgeown, BBC online,2004.http//news.bbc.co.uk/2/hi/asia-pacific/3784135.stm7 Race to save cambodias heritage, Kate Mcgeown, BBC online,2004.http//news.bbc.co.uk/2/hi/asia-pacific/3784135.stm8Kate McGeown, Race to Save Cambodias Heritage, BBC News. 9 June 2004http//news.bbc.co.uk/2/hi/asia-pacific/3784135.stm9 Organised crime in art and antiquities, Courmayeur Mont Blanc, Italy12-14 December 2008,p 98 edited by Stefano Manacorda,200910 UTIMUT, Discussion on repatriation in the 21s t century, Copenhagen 2008,p36, by Mille Gabriel and Jens Dahl.11 UTIMUT,UNIVERSAL MUSEUMS hot CONTESTATIONS, NEW CONTROVERSIES, by George Abungu,p3412 UTIMUT,UNIVERSAL MUSEUMSNEW CONTESTATIONS, NEW CONTROVERSIES, by George Abungu,p3513www.unesco.org, 40 Years of Fighting the Illicit Trafficking of Cultural Goods Culture and development UNESCO Multimedia archive14 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.pdf17 http//www.unesco.org/culture/laws/returncommitteeExtra judicial putting to death Myth or Reality?Extra judicial Killing Myth or Reality?How enkindle it is that in Bangladesh the elect force named as Rapid bodily process Battalion RAB kills the arrested souls 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 carry through 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 castigates 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.1According to the serviceman Rights Watch (2006) hotshot 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.2Whether illegal 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 straightforward? 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 a re only the unfortunate deaths of the guess criminals in the cross-fire.According to the Bangladesh Media article No illegal 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 headquarter 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.3The 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 tertiary world country like us. The concern of different human decent organizations have argued about the illegal killings and raised a lot o f 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 KillingAs its name suggest, it is do 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 function which is a violation of the persist 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 merger 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 pick 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 transaction Clean Heart. Thousands of people were arrested and at least 50 people were report 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 Action Team, or RAT, which is now known as Rapid Action Battalion or RAB.As say by the law, The main tasks of the RAB, according to the law, are toProvide internal securityConduct intelligence into criminal activityRecover illegal armsArrest criminals and members of armed gangsAssist other law enforcement agencies suss out any offense as ordered by the government.4According to the Asian homo Rights CommissionThe armament killed 58 people in custody. See Asian Legal Resource Center and Asian Human Rights Commission, Lawless Law-enfor cement 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 2006.5However, 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 prove 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 axiom to fight criminals and reduce crime.According to a human rights lawyerCritics complained that, rather than building a new crime-fighting force, the government should undertake efforts to reform law enfor cement 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. opposite FactsVarious 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 58 0 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 2010.6The 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 hail issued the suo truism order over extra judicial killings on November 17. It gave the governmen t 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 heretofore 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 precisely 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 t he 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.8Extrajudicial 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.9However, on contrary, extrajudicial killing have been going on very rapidly of violating the highest court ruling order, the system 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.10But 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 somewhat 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 validating 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 journalist s 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.11Bangladeshs 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 bet 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.ConclusionFinally 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 readsTo enthrall 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.12However, 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 thirty-fifth 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.