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BANGLADESH: Police allow three women to be beaten by a mob during a land dispute

November 19, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-157-2009



19 November 2009
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BANGLADESH: Police allow three women to be beaten by a mob during a land dispute

ISSUES: Police negligence; land grabbing; religious discrimination
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NEW RELATED REPORTS:

Use of Police Powers for Profit:
Disconnected policing and the justice trade in Bangladesh

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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that police officers allowed a lawyer, her mother and domestic helper to be beaten by a group armed with sticks. The women and their family are being harassed by their neigbours over a land dispute, and a judge has already ruled for the status quo to be maintained until the civil trial is concluded. The lawyer, who is Christian, has had trouble filing a case of discrimination with the same police station in the past.

CASE DETAILS: (According to the victim and eyewitnesses)

When two families started to dispute the ownership of land between their two houses, the case was taken to civil court and the Third Assistant Judge's Court of Dhaka ordered that the status quo should be maintained until the end of the trial (civil case No. 7102). However when the family of Mr. Kazi Babul Hossain started to build a wall on part of the land, the police were called in to settle further disputes on 9 October, 2009.

Instead of moderating the dispute, police officers asked Ms. Rita Kuntala Gomes, the other complainant, to meet the Officer-in-Charge (OC) Mr. Delwar Ahmed at Kafrul police station later that evening. When she arrived she did not meet with the OC, but was told that an FIR had been lodged by her neighbours against her and her family, including various elderly relatives, for the theft of a construction pillar. She also alleges that she was threatened with arrest by officers.

According to our information, on 10 October, approximately 200 women from a nearby slum community gathered outside the Hossains' house, and under the alleged direction of Mrs. Samsunnahar Khanam Lipi, their neighbour, six of them started to beat Ms. Gomes, her mother and their domestic helper with sticks. When Assistant Sub Inspector (ASI) Mr. Mahbub and a few police constables arrived Ms. Gomes told them of the civil case pending and the ruling of the judge, but the officers reportedly left the scene after a few minutes. They offered no protection to the victims and tried to neither disperse nor arrest the attackers. We are told that the group later took control of part of the Gomes' property and forced them to sign an undertaking.

On 11 October, Ms Gomes and her family members appeared before the Chief Metropolitan Judicial Magistrate's Court of Dhaka on the theft charge, and were granted bail. They have since reported feeling increasingly insecure due to threats of eviction being delivered by neighbours and their associates. On 22 October at around 7:30pm, Ms Gomes heard gunshots next to her house, and though she lodged a General Diary (GD, no. 2030) with the Kafrul police, no officers arrived to investigate.

Ms. Gomes and her family are Christians and have suffered various kinds of discrimination in their predominantly Muslim neighbourhood. In 2008 policemen refused to allow her to lodge a complaint when a cross, a Christian symbol, was removed from their shared gate and discarded by her neighbour, and replaced with a Muslim sign proclaiming 'Allahu Akbar' (god is omnipotent). Police lodged it six months later, only after Ms. Gomes (a lawyer by profession) had lodged a petition with the Executive Magistrate's Court of Dhaka (No. 1318 under Section 145 of the Code of Criminal Procedure-1898).

ADDITIONAL COMMENTS:

This case demonstrates willful yet sadly characteristic police negligence. Officers have alarmingly chosen not to protect three women being attacked by a mob and have failed to observe a judicial order to remain impartial and maintain the status quo. Their conduct in the past – refusing to help a Christian family with complaints about discrimination – also suggests that prejudice is a motivating factor.

Bangladesh has an 87 per cent Muslim majority, and Christians and other religious minorities continue to face regular institutional discrimination, despite their right to equality being protected in the constitution: Article 27 states 'All citizens are equal before the law and entitled to equal protection of the law' and Article 28 (i) that 'the State shall not discriminate against any citizen on grounds only of religion, race, cast, sex or place of birth'. However these sentiments have very little value when the penal code offers no frame work for punishment. This case also shows a clear need for checks and balances within the police force, to make sure that correct procedure is followed and to guard against discrimination.

Political influence is notoriously wielded by well connected persons in Bangladesh to gain the support of the police, as documented in many of our past appeals, including UAC-147-2009 and UAC-144-2009, and in our recent report in our human rights periodical, Article 2: Disconnected policing and the justice trade in Bangladesh (vol 8, no. 1 March 2009). In this case we have been informed that that Kazi Hossain's younger brother Mr. Abu Hossain has capitalised on claims to being a member of Awami Jubo League, the youth wing of the ruling Bangladesh Awami League. Though the Awami League has declared that it promotes secularism and the rights of ethnic and religious minorities in Bangladesh, there has been no visible improvement in the protection of such rights, and cases of victimization continue to be linked back to party members.

It should also be noted that the victim in this case is a lawyer, with the legal knowledge she needs to try and circumnavigate unequal treatment from the police. Those who can only rely on law enforcers to help them access the justice mechanism regularly find themselves further victimised.

SUGGESTED ACTION:

Please write to the officials listed below, calling for an investigation into the misconduct and negligence of the Kafrul police, including the allegations of religious discrimination, and for compensation to be arranged for the victims. Please also join us in calling for stronger implementation of anti-discrimination laws, and sweeping police reform in Bangladesh.

The Asian Human Rights Commission has written a separate letter to the UN Independent Expert on Minority Issues urging her intervention into this case.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

BANGLADESH: Police allow three women to be beaten by a mob during a land dispute

Name of victim:
1. Ms. Rita Kuntala Gomes; lawyer; daughter of Mr. Sunil Gomes; living at DCC 606/A North Kafrul under the Kafrul police station, Dhaka Metropolitan City.
Names of alleged negligent officials:
1. Mr. Delwar Ahamed Inspector of Police and Officer-in-Charge (OC) of the Kafrul police station
2. Mr. Maniruzzaman, Sub Inspector of Police
3. Mr. Mohammad Emdadul Haq, Sub Inspector of Police
4. Mr. Faruk Ahmed, Sub Inspector of Police
5. Mr. Mahbub, Assistant Sub Inspector of Police,
All attached to the Kafrul Police Station under the Dhaka Metropolitan Police (DMP) in Dhaka.

Date of the latest incident: 22 October 2009
Place of incident: Victim's resdience in Dhaka

I am writing to express my concern over an incident in which police officers have allowed a lawyer, her mother and domestic helper to be beaten by a group armed with sticks. The women and their family are being harassed by their neigbours over a land dispute, and a judge has already ruled for the status quo to be maintained until the civil trial is concluded. I understand that the lawyer, who is Christian, has had trouble filing a case of discrimination with the same police station in the past.

According to the information I have received, two families started to dispute the ownership of land between their two houses and the case was taken to civil court. The Third Assistant Judge's Court of Dhaka ordered that the status quo should be maintained until the end of the trial (civil case No. 7102). However when the family of Mr. Kazi Babul Hossain started to build a wall on part of the land, the police were called in to settle further disputes on 9 October, 2009.

Instead of moderating the dispute, police officers asked Ms. Rita Kuntala Gomes, the other complainant, to meet the Officer-in-Charge (OC) Mr. Delwar Ahmed at Kafrul police station later that evening. When she arrived she did not meet with the OC, but was told that an FIR had been lodged by her neighbours against her and her family, including various elderly relatives, for the theft of a construction pillar. She also alleges that she was threatened with arrest by officers.

According to the information reported, on 10 October, approximately 200 women from a nearby slum community gathered outside the Hossains' house, and under the alleged direction of Mrs. Samsunnahar Khanam Lipi, their neighbour, six of them started to beat Ms. Gomes, her mother and their domestic helper with sticks. When Assistant Sub Inspector (ASI) Mr. Mahbub and a few police constables arrived Ms. Gomes told them of the civil case pending and the ruling of the judge, but the officers reportedly left the scene after a few minutes. They offered no protection to the victims and tried to neither disperse nor arrest the attackers. I am told that the group later took control of part of the Gomes' property and forced them to sign an undertaking.

On 11 October, Ms Gomes and her family members appeared before the Chief Metropolitan Judicial Magistrate's Court of Dhaka on the theft charge, and were granted bail. They have since reported feeling increasingly insecure due to threats of eviction being delivered by neighbours and their associates. On 22 October at around 7:30pm, Ms Gomes heard gunshots next to her house, and though she lodged a General Diary (GD, no. 2030) with the Kafrul police, no officers arrived to investigate.

Ms. Gomes and her family are Christians and have suffered various kinds of discrimination in their predominantly Muslim neighbourhood. In 2008 policemen refused to allow her to lodge a complaint when a cross was removed from their shared gate and discarded by her neighbour, and replaced with a Muslim sign proclaiming Allahu Akbar. Police lodged it six months later, only after Ms. Gomes had lodged a petition with the Executive Magistrate's Court of Dhaka (No. 1318 under Section 145 of the Code of Criminal Procedure-1898).

This case demonstrates willful yet sadly characteristic police negligence. Officers have alarmingly chosen not to protect three women being attacked by a mob and have failed to observe a judicial order to remain impartial and maintain the status quo. Their conduct in the past – refusing to help a Christian family with complaints about discrimination – also suggests that prejudice is a motivating factor.

Article 27 of the Bangladesh Constitution states 'All citizens are equal before the law and entitled to equal protection of the law' and Article 28 (i) that 'the State shall not discriminate against any citizen on grounds only of religion, race, cast, sex or place of birth', yet these sentiments have very little value when the penal code offers no frame work for punishment. There is an urgent need for discrimination to be criminalised in Bangladesh.

This case also shows a clear need for checks and balances within the police force, to make sure that correct procedure is followed and to guard against discrimination. Though the victim in this case is a lawyer, most people do not have the legal know how to circumnavigate unequal treatment by police.

I urge you to initiate a thorough and immediate investigation immediately into this matter. Police officers proven to have acted criminally or negligently must be disciplined and, if necessary, penalised. There is a clear need for authorities in Bangladesh to concentrate on rebuilding the trust of the ethnic minority groups in the country; the first step will be to ensure that acts of discrimination by the state and by the public can be effectively punished before the law.


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. M. M. 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 Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627
Fax: +880 2 7168557
E-mail: info@minlaw.gov.bd

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069
Fax: +880 2 7160405, 880 2 7164788
Email: 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
Telefax: +880 2 9137743

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

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Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-157-2009
Countries :
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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.