BANGLADESH: A man died due to alleged custodial torture

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-011-2008
ISSUES: Death in custody, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man was allegedly tortured to death in the custody of the police in Dhaka, Bangladesh on 1 December 2007. After the police and narcotics officials arrested him from his house, he was found dead in a private hospital. His family members witnessed marks over his body and the police have refused to receive a complaint from the family about the alleged custodial death.

CASE DETAILS: (based on a fact-finding report by local human rights group-ODHIKAR)

According to the information received, on 28 November 2007, Mrs. Anwara Begum had a quarrel with her son Md. Ramjan Ali Rony, who was a cosmetic products monger at the Chawak Bazar area. The argument took place in their house at 22/64 Islambagh namely Shishi Bottle Colony under the Lalbagh police station in Dhaka. At one stage, Rony was pushed over the tin shed roof of their house and received a cut injury to his head as a result. In order to get medical treatment for the injuries Rony went to the Mitford Hospital where his head was bandaged

Having been annoyed with his mother due to the quarrel and the subsequent injuries Rony informed an Inspector of the Department of Narcotics Control namely Mr. Helal Uddin, who had been acquainted with Rony’s family for long time, and insisted the inspector arrest his mother. At around 6:30pm, Inspector Helal Uddin went to the house with ten policemen from the Ramna police station. After hearing the story from Mrs. Anwara, the police picked up Rony from the house at around 7:30pm. As the police officer was acquainted with both Rony and his mother, none of them were worried about the possible consequence. According to Anwara, she thought that she would be able to release Rony from the custody.

On next day, November 29, Mrs. Anwara received news that his son Rony was sick and in the custody of the Narcotics Control Department. On November 30, Inspector Helal came to Anwara’s house in the morning and told her that Rony had been receiving medical treatment at a hospital; he needed a CT scan to be done followed by a surgical operation, which would require around 50 to 60 thousand Taka (USD 740 to 889). Inspector Helal informed the family that someone, acting as a guardian should go to the hospital prior to the operation for signing the consent papers as a formality.

As soon as Mrs. Anwara received the information, she decided to go to the hospital accompanied by her daughter Ms. Papni Akhter, niece Ms. Yasmin Begum and two tenants of the house. Then Inspector Helal left for the hospital with them by his car however, instead of going straight to the hospital, moving around different parts of the city, he took them to his office at the Narcotics Control Department, Topkhana Road where inspector Helal started giving unnecessary excuses for moving around the city and wasting time. At one stage, he took the signature of Mrs. Anwara and her companions on blank sheet of paper. Later, on continuous insistence from Anwara and her companion inspector Helal left the office for the hospital and again began driving around the city, and at last, at around 3:00pm, he took them to the Rashmono Hospital at Moghbazar area.

When they arrived at the hospital, the police prevented Mrs. Anwara and others from going near to Rony, who was admitted in the Intensive Care Unit (ICU) of the hospital. After waiting for a while the relatives of Rony left the hospital and concentrated on borrowing money from various sources for the treatment.

On 1 December 2007, a man came to Anwara’s house from the Department of Narcotics Control and informed them that Rony had died in the early morning. As soon as this news reached them the relatives and friends of Rony went to the Lalbagh, Ramna police stations and the office of the Department of Narcotics Control to receive the body because the police did not inform them of its whereabouts. At last, they went to the Dhaka Medical College Hospital (DMCH) and found the body at the morgue.

The family of Rony alleges that Inspector Helal and Sub Inspector (SI) Mr. Nazmul Hossain Khan had intentionally beaten Rony to death. They also claim that Rony, who was not a smoker by habit, had neither any addiction to drugs nor any such business. They also allege that there were numerous marks of injury, which was allegedly caused as a result of torture, on the back and thighs of his body. Rony’s nephew Mr. Aman Miah alleges that he was prevented from seeing the body by the police at the Rashmono Hospital on 1 December 2007 until the arrival of the electronic media correspondents.

Inspector Helal Uddin Bhuyan of the Department of Narcotics Control claims that the police led by him seized 25 bottles of liquor, acid for making liquor, bottle corks and cartoons for bottles from Rony’s possession when they raided the house on the evening of 28 November. According to Mr. Helal, Rony had been detained in his office at 22/1 Topkhana Road. Going back home, at around 11:00pm, he heard a phone call from SI Nazmul Hossain Khan that Rony had jumped from the third floor of the building and had been injured. On this, he went to the office, and at around 12:00 midnight he took Rony to the ICU of the DMCH where the authorities failed to provide a seat for the patient and referred to a private hospital; as a result, he admitted Rony at the Rashmono Hospital for treatment. However, inspector Helal failed to provide any document regarding the referral of the DMCH to the Rashmono Hospital. The doctor on duty,Mr. Mazhar and the Manager of the ICU Mr. Selim Reza Shyamal of the private hospital said that they received Rony at 4:00am on November 29. The time of Rony’s death was recorded as at 11:45am on December 1.

Inspector Helal lodged an Unnatural Death (UD) case (No. 01) with the Ramna police station on 1 December regarding the death of Rony. SI Mr. Imtiaz was assigned as the Investigating Officer of the case.

Meanwhile, Magistrate Mr. Mokbul Hossain prepared the inquest report of Rony’s dead body at 3:00pm on December 2and later it was sent to the morgue of the DMCH for autopsy, which was conducted by Dr. AKM Shamsuzzamna, a lecturer of the Department of the Forensic Medicine of the Dhaka Medical College at 4:45pm on the same day.

According to Mr. Sekandar Ali, a Dome, who conducted the postmortem, he said that there were signs of injuries believed to be as a result of beating.

Besides, it was later disclosed by the police that a case (No. 56) was lodged with the Lalbagh police station by SI Nazmul Hossain Khan on 28 November at 11:45pm accusing Rony as a drug trader under section 22 (GA) of the Drugs Controlling Act. The Department of Narcotics Control was assigned to investigate into the case.

However, the colleagues of inspector Helal, particularly two Assistant Directors of the Department of Narcotics Control Mr. Fazlur Rahman and Mr. Mukul Jyoti Chakma supported each other by denying the alleged incident of torture to Rony in their custody. According to them, while Rony was being taken to the police station at around 9:00pm from their office he jumped on an adjacent building which was under construction in an attempt to escape although he was handcuffed. By turns Rony allegedly jumped on a sunshade of that building; and from there he slipped on a tin shade roof and onto a roof of a scooter, which was parked on the street; and received serious injuries. However, a security guard of the building under construction, Mr. Nazrul Islam, who was an eye-witness of the scene, asserted that he saw a person crouching under an air-cooler of the third floor of the building and jumping on a sunshade of another building but did not see any person jump or fall.

The family of the deceased alleges that whenever they approached to the Lalbagh police to record a complaint regarding the alleged custodial death, the police refused and denied to accept their complaint.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this alleged incident of torture to death of Rony and provide protection for the security of the family of the deceased.

The AHRC writes a separate letter to the UN Special Rapporteurs on the Question of Torture and Extra-judicial and Summery Execution calling for the intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

BANGLADESH: Alleged tortured to death a man in the custody of Narcotics Controlling Department in Dhaka

Name of victim: Md. Ramjan Ali Rony, aged 23, living in house number-22/64 Islambagh under the Lalbagh police station in the city of Dhaka
Name of alleged perpetrators: 
1) Mr. Helal Uddin Bhuyan, Inspector of the Department of Narcotics Control, at 22/1, Topkhana Road under the Ramna police station in Dhaka
2) Mr. Nazmul Hossain Khan, Sub Inspector of Police attached to the Ramna police station of the Dhaka Metropolitan Police 
3) Police Constables attached to the Ramna police station 
Place of incident: Office of the Department of Narcotics Control Department at 22/1, Topkhana Road, under the Ramna police station in Dhaka 
Date of incident: 28 November to 1 December 2007

I am writing to voice my deep concern regarding the alleged incident of torture to death of a man under the custody of the Department of Narcotics Control on 1 December 2007.

According to the information I have received that, on 28 November 2007, Mrs. Anwara Begum had a quarrel with her son Md. Ramjan Ali Rony, who was a cosmetic products monger at the Chawak Bazar area, in their house at 22/64 Islambagh namely Shishi Bottle Colony under the Lalbagh police station in Dhaka. At one stage, Rony was pushed over the tin shed roof of their house and got a cut wound in his head as a result of hit with the tin’s edge. He got medical treatment for the injuries from the Mitford Hospital and had bandage covering the injured part of his head. Having been annoyed with his mother following the quarrel and the subsequent injuries Rony informed an Inspector of the Department of Narcotics Control namely Mr. Helal Uddin Bhuyan, who was acquainted with his family since long time, and insisted the inspector to arrest his mother. At around 6:30pm, Inspector Helal went to the house accompanying about ten policemen from the Ramna police station; heard the story from Rony’s mother Mrs. Anwara and picked up Rony from the house at around 7:30pm. Having had prior introduction with the police officer and the family of Rony none of them were worried about the possible disastrous consequence; Rony’s mother thought that she will be able to release her son from the custody soon.

I have learned that, on the following day, Mrs. Anwara received news that her son Rony was sick in the custody of the Narcotics Control Department. One day after, on 30 November 2007, Inspector Helal went to Anwara’s house in the morning and told that Rony had been receiving medical treatment at a hospital; he needs a CT scan to be done in his head followed by a surgical operation, which requires around 50 to 60 thousand Taka as treatment expenditure. Inspector Helal insisted the family that someone as a guardian should go to the hospital prior to the operation for putting signature with consent to the papers of the hospital, as a formality.

I have also been informed that as soon as Mrs. Anwara received the information, she having accompanied by her daughter Ms. Papni Akhter, niece Ms. Yasmin Begum and two tenants of the house, decided to go to the hospital. Inspector Helal left for the hospital accompanying all five persons by his car and instead of going straight to the hospital he had been moving around different parts of the city and took them to his office at the 5th floor of the Narcotics Control Department at 22/1, Topkhana Road. Arriving there inspector Helal started giving unnecessary excuses for moving around the city and wasted time. At one stage, he insistently took signature of Mrs. Anwara and her companions on blank sheet of paper. Later, on continuous insistence from Anwara and her companion inspector Helal left the office for the hospital and again began driving around the city, and at last, at around 3:00pm, he took them to the Rashmono Hospital at Moghbazar area.

I have learned that after having arrived at the hospital the police prevented Mrs. Anwara and others to go near to Rony, who was admitted in the Intensive Care Unit (ICU) of the hospital. After waiting for a while the relatives of Rony left the hospital and concentrated to borrow money from various sources for the treatment of Rony.

I have been informed that, on 1 December 2007, a man came to Anwara’s house from the Department of Narcotics Control and informed that Rony had died in the early morning. As soon as this news reached, relatives and friends of Rony went to the Lalbagh and Ramna police stations and the office of the Department of Narcotics Control to see and receive the body respectively and refused from all the places. At last, they went to the Dhaka Medical College Hospital (DMCH) and found the dead body at the morgue.

I have also learned that inspector Helal and Sub Inspector (SI) Mr. Nazmul Hossain Khan allegedly beaten Rony to death. The family claims that Rony, who was not a smoker by habit, had neither any addiction to drug nor any such business. I have heard that there were numerous marks of injury, which was allegedly caused as a result of torture, on the back and thighs of the dead body of Rony; his head was wounded and legs were swollen unnaturally, which is believed to happened as a result of torture in the custody. Rony’s nephew Mr. Aman Miah alleges that he was prevented to see the dead body by the police at the Rashmono Hospital on 1 December 2007 until the arrival of the electronic media correspondents.

I have heard that Inspector Helal Uddin Bhuyan of the Department of Narcotics Control claims that the police led by him seized 25 bottles of liquor, acid for making liquor, bottle corks and cartoons for bottles from Rony’s possession when they raided the house on 28 November evening; however, the eye-witness did not provide such information to the fact-finding team. Mr. Helal, admits that he detained Rony in his office at 22/1 Topkhana Road. After going back home, at around 11:00pm, he heard a phone call from SI Nazmul Hossain Khan that Rony had jumped from the third floor of the building and had been injured. On this, he went to the office, and at around 12:00 midnight he took Rony to the ICU of the DMCH where the authorities failed to provide a seat for the patient and referred to a private hospital; as a result, he admitted Rony at the Rashmono Hospital for treatment. I am stunned to know that inspector Helal did not provide any document regarding the referral of the DMCH to the Rashmono Hospital. The on duty doctor Mr. Mazhar and the Manager of the ICU Mr. Selim Reza Shyamal of the private hospital, which received Rony at 4:00am on 29 November 2007declared him dead at 11:45am on 1 December 2007.

Although I have learned that inspector Helal lodged an Unnatural Death (UD) case (No. 01) with the Ramna police station on 1 December regarding the death of Rony. SI Mr. Imtiaz was assigned as the Investigating Officer of the case, which is deemed as nothing but a formality in this case I am extremely uncomfortable to hear that the Lalbagh police denied recording the complaint as a murder case when Rony’s family approached to them.

I have been informed that Magistrate Mr. Mokbul Hossain prepared the inquest report of Rony’s dead body at 3:00pm on 2 December and Dr. AKM Shamsuzzamna, a lecturer of the Department of the Forensic Medicine of the Dhaka Medical College conducted the postmortem at 4:45pm on the same day. I have learned that the Dome, Mr. Sekendar Ali, who dissects the dead body for post-mortem, revealed that there were signs of injuries that are believed to be as a result of beating.

I am surprised to hear that the police disclosed after Rony’s death that a case (No. 56) was lodged with the Lalbagh police station by SI Nazmul Hossain Khan on 28 November at 11:45pm accusing Rony as a drug trader under section 22 (GA) of the Drugs Controlling Act, which was believed to be done after Rony’s death as the police did not submit any papers to the concerned court since Rony was arrested by the police. It is also ridiculous that the Department of Narcotics Control was assigned to investigate into the case.

It is nothing new to me to hear that the colleagues of inspector Helal, particularly two Assistant Directors of the Department of Narcotics Control Mr. Fazlur Rahman and Mr. Mukul Jyoti Chakma supported each other by denying the alleged incident of torture to Rony in their custody, as it happens in all cases in Bangladesh when custodial deaths and human rights abuses occur regularly. According to their version of the incident Rony jumped on an adjacent under-construction-building as an attempt to escape although he was handcuffed in both of his hands together while he was being taken to the police station at around 9:00pm from the office of the Department of Narcotics Control, and on the next attempt Rony allegedly jumped on a sunshade of that building; and from there he slipped on a tin shade roof and, finally, on a roof of a scooter, which was parked on the street and received serious injuries. However, I am aware that a security guard of the under construction building namely Mr. Nazrul Islam, who was an eye-witness of the scene, asserted that he saw a person crouching under an air-cooler of the third floor of the building and jumping on a sunshade of another building but he did not see that (if it was Rony) the person jumped or fell on any tin roof or scooter.

I am also very much concerned that none of the alleged perpetrators have been prosecuted for their alleged crimes as a result of the worst type of culture of impunity is cultivated in Bangladesh, despite the nation’s presence in the UN Human Rights Council since May 2006.

I therefore request you to ensure that the officers of the Department of Narcotics Control and the police involved in this case are investigated and appropriate action is taken against them if the allegation is proven. Should the investigation commences, I likewise request your office to impose immediate sanctions upon these officers to ensure a credible and independent investigation, and to refrain them from using their authority to possibly further harass the victim further. The family of the victim must likewise be afforded with appropriate protection and security to avert any possible violent actions that could be taken against them.

I trust you will take immediate action in this matter.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser 
Government of the People’s Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka 
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677

2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058
Tel: +880 2 956 2792

3. Barrister Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868

4. Mr. Nur Mohammad
Inspector General of Police (IGP) 
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-011-2008
Countries : Bangladesh,
Issues : Death in custody, Torture,