This Article is written by Naman Sharma, a Second-year law student of Law Centre 2, Delhi University

Introduction:

Extrajudicial killings are a big worry. They hurt the law & human rights. These kinds of killings happen outside legal justice systems. That means people are killed without a fair trial. Sometimes state officials, like police or military, do it. Non-state actors can do this too, often without facing any punishment.

This article looks into what extrajudicial killings mean, why they happen, and how the world is responding to such a serious issue.

Extrajudicial killing refers to the unlawful killing of an accused by the state or its agents, without any order or permission from the court.

This means that the person is killed without a trial, due process, or any legal justification.

It can take various forms, such as extrajudicial as well as summary executions and enforced disappearances. These acts are illegal and violate human rights and the rule of law.

Most such incidences are done by law enforcement or security agencies in the name of maintaining law and order or Combating Terrorism.

Guidelines Related to Encounters in India:

In September 2014, the Apex Court issued guidelines for investigating police encounters in cases of death, in the case of "People's Union for Civil Liberties v State of Maharashtra". The guidelines issued were the following:

· Binding registration of an FIR coupled with provisions for a magisterial inquiry.

· Involving the closest living blood relative, of the deceased in the inquiry.

· Keeping written records of intelligence inputs.

· Independent Investigation by agencies such as CID and CBI to ensure a fair and impartial investigation.

· Information about the incident must be communicated to the National Human Rights Commission (NHRC) or the State Human Rights Commission.

· These measures/rules must be strictly followed in all cases of death and grievous injury in extra-judicial killings and should be treated as law declared under Article 141 of the Constitution of India.

Legal provisions relating to extra-judicial killings in India:

· Article22(2) of the constitution mandates that a person arrested shall be produced before the nearest magistrate within 24 hours of his arrest and Article 22(1) says that no person who is arrested shall be detained in custody without being informed about the reason for arrest and consult a legal practitioner of his choice.

· Section 102 of IPC says that the force applied should subsist as long as the danger to one’s life and property exists, and not beyond that.

· Section 176(1) of Crpc, 1973 states that if any person dies, disappears, or is being raped while in judicial custody, then an inquiry shall be conducted by a judicial magistrate or metropolitan magistrate besides police inquiry.

· When a Police Officer receives any information, either orally or in writing, in furtherance of Section 154 of the Crpc. About death or injuries caused during an encounter operation between the Police party and others, he shall enter the information in the Crime Register or any other appropriate register of that police station and shall forthwith send the Report (First Information Report) to the court without any further delay through a proper channel.

· Section 100 of the Indian Penal Code, 1860 gives a license to every person to exercise his right of private defense, which may extend to causing the death of the other person, if there is reasonable apprehension in the mind of the individual that there is a threat to his life. The right to private defense is inherent.[4]

· In 1997, the NHRC laid down guidelines for registration by the police of information about encounter deaths, permitting independent investigation by the State CID and payment of compensation to the dependents in case of conviction of police officers.

· In 2010, these guidelines were amended to include registering an FIR, conducting a magisterial inquiry, and reporting all death cases to the National Human Rights Commission within 48 hours by the Senior Superintendent of Police (S.P.) or Superintendent of Police (S.S.P.). After three months, a second report must be sent with the postmortem report, inquest report, and inquiry findings.

Famous cases related to Extra Judicial Killings across the World:

Philippines

On July 1, 2016, Oliver Dela Cruz was shot dead in the Bulacan province of the Philippines in a police sting operation. First, he was interrogated by a group of policemen and then they executed him, condemning him for violence.

United States

On May 25, 2020, George Floyd was a black man who underwent an arrest in the United States, which resulted in his death after three police officers pinned him down and a video of a policeman stabbing his head under his foot too went viral.

Pakistan

Naqeebullah Mehsud was killed in a fake encounter portrayed by the Superintendent of police in such a way that it seemed real at Karachi on 13th January 2018.

Cases relating to extra-judicial killings in India:

· Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. Vs. Union of India (UOI) and Ors(2016):

The allegation was that 1528 people had been killed in fake encounters by police and army men in uniform of the armed and police forces of the Union. Apex Court issued guidelines to be followed for safeguarding an accused by custodial violence from armed forces; the significant argument against Section 4(a) of the AFSPA (Armed Forces (Special Powers) Act) is that the armed forces can kill a person without any reason. It is denied and mentioned that several safeguards and pre-requisite conditions need to be fulfilled under the AFSPA before the armed forces might kill a person. These safeguards and pre-requisite conditions have been brought out in the affidavit and it is concluded that it is wrong to suggest that the armed forces personnel can kill any person without any reason as alleged. The pre-conditions, inter alia, are:

(a) There must be a declaration of disturbed area by a high-level authority as mentioned in the Act.

(b) That the concerned officer has to form an opinion that it is necessary to do so for the maintenance of public order.

(c) He has to give the due warning to the offender before taking such action against him.

(d) The person against whom action is being taken by the armed forces must be "acting against any law or order making him an offender specifically in that disturbed area".

(e) Such law or order must be correlated for the prohibition of the unlawful assembly of 5 or more persons or the carrying of weapons or things capable of being used as weapons or explosive substances.

· People’s Union for Civil Liberties V State of Maharashtra &Ors., 2014:

While questioning the 99 encounter killings by Mumbai police, the Supreme Court ruled that police can only kill accused in self-defense when it becomes 'imminently necessary'. Nothing must be done to settle personal disputes or with any ulterior malafide motives. It was cited in the case that a dedicated investigative team/separate cadre of police be formed/established which shall be attached to the NHRC/SHRC to investigate encounters and other matters of which NHRC/SHRC is seized.

· G.S.Mani vs Union Of India (2019):

In this case, 4 accused gang raped a veterinary doctor identified as Priyanka Reddy and then burnt her body partially. The accused were killed by the Hyderabad policemen in an encounter on the spot where the body of the victim was recovered.

· Vikas Dubey vs. the State of U.P.(2020):

Wanted gangster of Uttar Pradesh, Vikas Dubey was killed in an encounter by U.P. police, and no evidence against police came out.

Why Do These Killings Happen?

A few main factors lead to extrajudicial killings that are:

· Political Instability: In places where politics is shaky or there's conflict, these killings often happen. Both government and non-government groups may do this to remove threats or dissenters. Sometimes, leaders use fear to keep control.

· Corruption & Misuse of Position: Corrupt leaders often use these methods to get rid of opponents or make people silent against their wrongdoings. When there's no accountability, police & military may act in harmful ways without any fear.

· Weak Rule of Law: In areas where the rule of law is weak or does not function appropriately, that is, justice is not served properly, and corruption abounds amongst government officials, these killings are much more likely to occur. The people begin to take the law into their own hands because there is a very negligible chance of them getting caught for their actions.

· Conflicts & Insurgencies: These are indeed wars or rebellions where extrajudicial killings can become a weapon for each side. People get targeted by who they associate with or how much of a threat they appear.

List of Countries with Highest Counts of killings by law enforcement officers:[9]

COUNTRY             KILLINGS PER 10 MILLION PEOPLE

VENEZUELA         1830                                                         

EL SALVADOR       1704                                                             

SYRIA                      819                                                             

PHILIPPINES          557                                                           

NICARAGUA           473                                                           

Human Rights Issues:

Extrajudicial killings are bad for human rights. They break many important rights found in international laws:

· Right to Life: This is the most basic right we have! Extrajudicial killings directly violate this right, which various international treaties protect.

· Right to a Fair Trial: Every person should get a fair trial before an unbiased court. These killings skip that process and deny individuals their day in court.

· Freedom from Torture and Bad Treatment: Sometimes, these killings involve torture before death occurs. Such actions violate the rules against cruel & bad treatment.

International Treaties Related to the Right to Life:

Life is the foremost and most vital Fundamental right of every person, without which other rights become futile.

The right to life is protected by several international treaties, which are namely:

· The Universal Declaration of Human Rights (1948)

· The International Covenant on Civil and Political Rights (1966)

· The Geneva Conventions (1949)

· The European Convention on Human Rights (1950)

· The American Convention on Human Rights (1969)

· The African Charter on Human and Peoples’ Rights (1981)

Responses around the World:

Countries globally have started taking steps against extrajudicial killings like:

· International Laws: There exist important agreements, like the ICCPR, amongst others that have castigated such acts, aside from setting mechanisms to make offenders accountable.

· International Criminal Court (ICC): This court goes after people who commit serious crimes, including extrajudicial killings.

· Human Rights Groups: Bodies like Amnesty International work hard to collect information & speak out against these killings. They help spread the news & push governments towards respecting human rights.

· Diplomatic Actions: Countries may exert pressure or impose economic sanctions to persuade governments to refrain from such actions and improve the general human rights conditions.

Challenges:

Even with all these efforts, there are still hurdles:

· Hard to Enforce Laws: Making sure those who commit extrajudicial killings face consequences is tough, especially in places where a weak system is protecting the law.

· Impunity Issues: A lot of time, those responsible for these crimes don’t face any penalties at all, this lack of punishment fuels more violence and stops justice from happening.

· Political Factors: Sometimes, political interests can make it tricky for countries to react properly to extrajudicial killings based on strategic reasons and alliances.

Conclusion:

Extrajudicial killings form a real threat to human rights, per se, and to the rule of law in particular. Many-sided efforts should be directed at resolving the problem in every possible way: building robust legal systems and ensuring accountability functions effectively across borders. In this way, we protect human rights wherever they are threatened and see that justice is served. We can all work together to bring these horrific practices to an end and defend human rights worldwide.

References:

[1] ‘Extra Judicial Killing’ (2023) Drishti Ias https://www.drishtiias.com/daily-updates/daily-news-analysis/extra-judicial-killing-1 accessed 5th september,2024

[2] Indian Penal Code,1860

[3] Code of criminal procedure,1973

[4] Rachit Garg, ’Extra-judicial killings’ (2022) iPleaders https://blog.ipleaders.in/extra-judicial-killings/ accessed 5th September 2024

[5] Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. Vs. Union of India (UOI) and Ors. (08.07.2016 - SC) : MANU/SC/0758/2016 Last accessed 7th September,2024

[6] People's Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635 Last accessed 7th September,2024

[7] G.S. Mani vs Union of India (2019) Application No. 13569/2022 in Writ Petition (Criminal) No. 348/2019 Last accessed 7th September,2024

[8] Vikas Dubey vs. State of U.P.(2020) 2023:AHC:151381 Last accessed 7th September,2024

[9]‘Extrajudicial killings by country’(2024)Wikipedia https://en.wikipedia.org/wiki/Category:Extrajudicial_killings_by_country accessed 6th September,2024

[10] ‘Extrajudicial Executions’ trial international https://trialinternational.org/topics-post/extrajudicial-executions/ accessed 5th September,2024