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BANGLADESH: A group of policemen torture and detain a man after a traffic accident, while negotiating his bribe payment

March 25, 2010

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-031-2010



25 March 2010

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BANGLADESH: A group of policemen torture and detain a man after a traffic accident, while negotiating his bribe payment

ISSUES: Corruption; torture; impunity
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NEW REPORT:
Human rights hopes and frustrations in post-emergency democratic Bangladesh
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a group of Motijheel police in Dhaka illegally arrested and badly beat a man in custody in retaliation for him not being able to pay a bribe related to a traffic accident. A series of bribes were extorted from his family to reduce his torture and the fabricated charges they threatened to file against him. The bribe negotiations involved officers at various levels in the police station, including the officer in charge. The family was unable to pay the full amount and the man is facing a fine and false charges.

CASE DETAILS:

On 7 March at 9pm a uniformed, armed police constable, Mr. Murad responded to a collision between a motorcyclist and a car driver. He advised the driver, Mr. Masud Reza, to complain at the Motijheel police station. Reza has reported that he did so for insurance purposes but did not name anyone in the complaint.

We are told that the constable then requested a bribe of BDT 25,000.00 (USD362.31) from the motorcyclist, Mr. Kazi Muhammad Zia ul Haque, who's an engineering student and senior principal officer at the Rupali Bank Ltd. Zia did not have the money. The constable reportedly then sat on the back seat of Zia's motorbike and instructed him to drive home to Bashabo to get the money. However on the way, in a call to his brother, Zia found out that the family didn’t have enough money in the house that night. Murad called in the help of a colleague, Sub Inspector (SI) Mr. Md. Rafikul Islam, who joined him, threatened Zia for his lack of cooperation and helped take Zia to the station.

We are told that at the station Constable Murad alleged that Zia had attempted to throw him from the bike while it was in motion. The detained man was taken to the Sub Inspectors' office where around five policemen beat him in front of the owner of the car, Mr. Reza. He was beaten for around 30 minutes with sticks, while being hit and kicked, as you can here in a short interview with the victim: here. Photos of the injuries to his back, shoulders, leg: 1 and 2, and knees can be seen here.

SI Rafik allegedly then threatened to fabricate a case against Zia and instructed his colleagues to detain him until a 'crossfire' scenario could be arranged in Jheelpar (an isolated area beside a lake in Dhaka). A 'crossfire' in Bangladesh is usually a fake ambush in which police execute detainees.

When Zia's younger brother, Mr. Kazi Muhammad Mazed ul Haque, a university student, arrived at the station at around 10:30pm, he was given access to Zia, but also reportedly threatened by SI Rafik who demanded that he pay BDT 30,000.00 (USD.434.78). The SI noted that these events were a result of the victim not paying the first bribe. Mazed, a university student, reports that he couldn't pay the bribe and was verbally abused by Rafik, who also shouted: "If you don't have money, then why have you come to the thana (police station)? Get out and go to hell!" Mazed requested the help of the car owner, who told him that his complaint had not been directed at or named Zia.

Mazed waited until 1:30am to speak with SI Rafik again about his brother's release, whereupon the police officer then allegedly demanded BDT 25,000.00 (USD 362.31) to do so. After some bargaining we are told that the price was reduced to BDT 8,000.00 (USD 116.00). Rafik began to consult with the Second Officer of the police station, SI Mr. Mamun, and after about an hour Mazed was called before the two men by the Officer-in-Charge (OC) Mr. Tofazzel Hossain, who asked the parties to settle the matter.

In a Sub Inspector's office later, Zia refused to sign three separate blank sheets of paper given to him by SI Rafik. The duty sentry was told to detain him again. Zia later signed the papers at the request of his brother, and Mazed also agreed to sign a blank sheet of paper.

However the officers then demanded more money than the two men had with them (BDT 1,000) and the SI registered a case against Zia anyway.

Zia now faces speeding charges, charges of 'obstructing others' and of denying information to the police (under Sections 137, 140 and 145 of the Motor Vehicle Ordinance-1983) and has been issued a notice for his fining under Section 159 of the same law. It should be noted that at the recorded time of these false incidents –12:35am on 8 March – Zia was in a Motijheel police cell.

He was released at 3am on 8 March and reportedly had to argue strongly to not have his motorbike confiscated by the officers. Later, a doctor at Dhaka Medical College Hospital (DMCH) recorded Zia's injuries as: "H (History) O (of) P (police) assault falling multiple blunt bruises on diff (different) part of the body"; he prescribed medication and suggested that Zia admit himself into a hospital, which he did.

Zia sent two separate petitions to the Home Minister and the Prime Minister of Bangladesh on March 9 and 10, and a national daily newspaper published details of his case on 11 March. Zia has since been contacted by second officer SI Mamun, asking him to 'have tea' with OC Tofazzel Hossain, who may consider the refunding of the bribe money. Zia has not accepted the invitation. No official investigation has been initiated.

This case, along with the other torture cases regularly documented by the AHRC in Bangladesh, displays an ever strengthening link between the countries developing systems of torture and extortion, the utter lack of accountability within the ranks of the law enforcement agency, and a continued lack of political will to address the issue.

SUGGESTED ACTION:

Please write to the authorities listed below asking that they immediately and credibly intervene to have the case investigated by competent parties. Those found to have been responsible for torture, extortion and the breach of procedure must be prosecuted. The victim of torture must be afforded adequate compensation.

Please note that the Asian Human Rights Commission has written a separate letter to the UN Special Rapporteur on Question of Torture requesting his intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _______,

BANGLADESH: A group of policemen torture and detain a man after a traffic accident, while negotiating his bribe payment

Name of the victim: Mr. Kazi Muhammad Ziaul Haque, aged 30 years, employed as a Senior Principal Officer of the Rupali Bank Ltd. at the head office of the bank in Dhaka, son of late Mr. Shamsul Haque, living in 18/9 Rajar Bagh under the Shabuzbagh police station of the Dhaka Metropolitan area

Name of alleged perpetrators:
1. Mr. Md. Rafikul Islam, Sub Inspector of Police
2. Mr. Murad, Constable of Police
3. Mr. Mamun, Sub Inspector of Police, Second Officer
4. Mr. Tofazzel Hossain, Officer-in-Charge (OC)
5. Two unidentified police officers
All are attached to the Motijheel police station

Place of Incident: Motijheel police custody under the Dhaka Metropolitan Police
Date of incident: 7-8 March 2010

I write to voice my serious concern regarding the illegal detention and torture of Mr. Kazi Muhammad Ziaul Haque by the Motijheel police, following a traffic accident on 7 March 2010.

I understand that police officers, among them Sub Inspector (SI) Md. Rafikul Islam, Second Officer SI Mamun and the Officer-in-Charge (OC) Mr. Tofazzel Hossain of the Motijheel police, allegedly tortured or condoned the torture of Mr. Zia for his inability to pay bribes.

On 7 March at 9pm a uniformed, armed police constable, Mr. Murad responded to a collision between a motorcyclist and a car driver. He advised the driver, Mr. Masud Reza, to complain at the Motijheel police station. Reza has reported that he did so for insurance purposes but did not name anyone in the complaint.

I am told that the constable then requested a bribe of BDT 25,000.00 (USD362.31) from the motorcyclist, Mr. Kazi Muhammad Ziaul Haque, who's an engineering student and senior principal officer at the Rupali Bank Ltd. Zia did not have the money. The constable reportedly then sat on the back seat of Zia's motorbike and instructed him to drive home to Bashabo to get the money. However on the way, in a call to his brother, Zia found out that the family did not have enough money in the house that night. Murad called in the help of a colleague, Sub Inspector (SI) Mr. Md. Rafikul Islam, who joined him, threatened Zia for his lack of cooperation and helped take Zia to the Motijheel police station.

I am told that at the police station Constable Murad alleged that Zia had attempted to throw him from the bike while it was in motion. The detained man was taken to the Sub Inspectors' office where around five policemen beat him in front of the owner of the car, Mr. Reza. He was beaten for around 30 minutes with sticks, while being hit and kicked; there are photos of the injuries to his back, shoulders, legs and knees.

SI Rafik allegedly then threatened to fabricate a case against Zia and instructed his colleagues to detain him until a 'crossfire' scenario could be arranged in Jheelpar (an isolated area beside a lake in Dhaka).

When Zia's younger brother, Mr. Kazi Muhammad Mazedul Haque, a university student, arrived at the station at around 10:30pm, he was given access to Zia, but also reportedly threatened by SI Rafik who demanded that he pay BDT 30,000.00 (USD.434.78). The SI noted that these events were a result of the victim not paying the first bribe. Mazed, a university student, reports that he couldn't pay the bribe and was verbally abused by Rafik. Mazed waited until 1:30am to speak with SI Rafik again about his brother's release, whereupon the police officer then allegedly demanded BDT 25,000.00 (USD 362.31) to do so. After some bargaining we are told that the price was reduced to BDT 8,000.00 (USD 116.00). Rafik began to consult with the Second Officer of the police station, SI Mr. Mamun, and after about an hour Mazed was called before the two men by the Officer-in-Charge (OC) Mr. Tofazzel Hossain, who asked the parties to settle the matter.

In a Sub Inspector's office later, Zia refused to sign three separate blank sheets of paper given to him by SI Rafik. The duty sentry was told to detain him again. Zia later signed the papers at the request of his brother, and Mazed also agreed to sign a blank sheet of paper.

However the officers then demanded more money than the two men had with them (BDT 1,000, USD 14.49) and the SI registered a case against Zia anyway. Zia now faces speeding charges, charges of 'obstructing others' and of denying information to the police (under sections 137, 140 and 145 of the Motor Vehicle Ordinance-1983) and has been issued a notice for his fining under Section 159 of the same law. It should be noted that at the recorded time of these false incidents –12:35am on 8 March – Zia was in a Motijheel police cell.

He was released at 3am on 8 March and reportedly had to argue strongly to not have his motorbike confiscated by the officers. Later, a doctor at Dhaka Medical College Hospital (DMCH) recorded Zia's injuries as: "H (History) O (of) P (police) assault falling multiple blunt bruises on diff (different) part of the body"; he prescribed medication and suggested that Zia admit himself into a hospital, which he did.

Zia sent two separate petitions to the Home Minister and the Prime Minister of Bangladesh on March 9 and 10, and a national daily newspaper published details of his case on 11 March. Zia has since been contacted by second officer SI Mamun, asking him to 'have tea' with OC Tofazzel Hossain, who may consider the refunding of the bribe money. Zia has not accepted the invitation. No official investigation has been initiated.

I am aware that this case, along with the other torture cases regularly documented by the human rights groups in Bangladesh, displays an ever strengthening link between the countries developing systems of torture and extortion, the utter lack of accountability within the ranks of the law enforcement agency, and a continued lack of political will to address the issue.

I therefore urge you to initiate a credible investigation into the incident and prosecute the alleged perpetrators, if they are found guilty. Mr. Zia should be afforded adequate monetary compensation for the torture he sustained in the police custody.

I know that Bangladesh is a party to the International Convention against Torture, Ill-treatment and other forms of degrading treatment or punishment (CAT) and torture is prohibited in the Constitution of the country, however, the nation has not yet criminalized torture in its domestic legislation to fulfill its international as well as constitutional obligations. I am also aware that the Torture and Custodial Death (Prohibition) Bill-2009, a bill drafted in compliance with the CAT, has been pending before Parliament since 10 September 2009. Zia's case reiterates the need to adopt this legislation immediately.

I hope that you will take prompt action regarding this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mrs. Sheikh Hasina
Prime Minister
Government of the People's Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. Rezaul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com 

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd 

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd 

5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868

6. Justice Amirul Kabir Chowdhury
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com 

7. 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
E-mail: ig@police.gov.bd

8. A K M Shahidul Hoque
Commissioner
Dhaka Metropolitan Police
DMP Headquarter
36, Shahid Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 8322746
Tel: +880 2 9331555 /+88-02-8322746
Mobile: +8801711538313
E-mail: complain@dmp.gov.bd /emergency@dmp.gov.bd / commissioner@dmp.gov.bd

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-031-2010
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.