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BANGLADESH: Yet another physical attack on rights activist's family by the same army officer's goons while an investigation is in progress

April 13, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-014-2012

13 April 2012

RE: AHRC-UAU-025-2011 BANGLADESH: Police inaction narrows the path of justice for wounded human rights defender, who needs constant supports for survival
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BANGLADESH: Yet another physical attack on rights activist's family by the same army officer's goons while an investigation is in progress

ISSUES: Torture; impunity; police inaction; denial of justice; rule of law
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PLEASE MORE DOCUMENTATIONS ON THE CASE OF F M A RAZZAK

http://www.humanrights.asia/campaigns/attack-on-fma-razzak
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Dear friends,

The Asian Human Rights Commission (AHRC) previously issued Urgent Appeals on several occasions regarding the physical attack on human rights defender Mr. F M A Razzak and demanded fair investigation and fair trial to the case. Now, the AHRC has been informed that another physical attack on two brothers of Mr. Razzak has taken place today, 13 April 2012, while an administrative inquiry has been in progress following an order of the High Court Division of the Supreme Court of Bangladesh. Blatant impunity to the military officers and extreme form of incapability of the rule of institutions of Bangladesh have lead to this latest attack.

AHRC-UAU-014-2012-01.JPGA three-member administrative inquiry team headed by the Additional Deputy Commissioner (Revenue) of Khulna Mr. Khan Md. Rezaul Karim conducted an investigation on 10 April 2012. The team visited the scenes of crimes that were committed a year ago and reportedly received substantial information regarding the complaint of the previous attack in April 2011 on Mr. F M A Razzak and one of his brother. Just after two days of the visit of the inquiry team this latest attack has been made the father and brother of Major Mustafizur Rahman Bokul of the Bangladesh Army. The two victims namely Mr. Bodiuzzaman Bodiar and Fakir Mohammad Abdul have been seriously injured with several fractures in hands and ribs. Please write to the authorities urging them to take immediate action to protect the victims and ensure justice.

UPDATED INFORMATION:

A Division Bench of the High Court Division of the Supreme Court of Bangladesh ordered the authorities to investigate the case of physical attack on Mr. F M A Razzak, which took place on 29 April 2011 (Please see our previous appeals, for further information: AHRC-UAU-025-2011; AHRC-UAU-023-2011. The High Court Bench, which passed this order on 5 December 2011, also ordered the police authorities to reinstate the family of Razzak to their own house at Godaipur village under the jurisdiction of the Paikgachha police station in Khulna. The police helped Razzak's family to go back to their house on 9 December 2011.

On 10 April 2012, a three-member administrative inquiry team headed by the Additional Deputy Commissioner (Revenue) of Khulna Mr. Khan Md. Rezaul Karim conducted an investigation. Two other members of the team were the Upozilla Nirbahi Officer (UNO) of Paikgachha Kazi Atiur Rahman and the Social Service Officer of Paikgachha Mr. Debashish Roy. The team visited the scenes of crimes that were committed a year ago. They invited the witnesses and villagers to testify before the team and reportedly received substantial information regarding the complaint of Mr. F M A Razzak. The committee asked questions about inaction of the police regarding the incident and their connivance with the perpetrators.

AHRC-UAU-014-2012-02.JPGToday, 13 April, information has been received that two brothers of Mr. F M A Razzak have been physically attacked by the family of Army Major Mustofizur Rahman Bokul. The army officer's the father Mr. Abdur Rauf Sarder and brother Mr. Mokhlesur Rahman Kazal a.k.a. Kazal Sarder accompanied by another man named Ismail committed this latest attack on two brothers of Razzak. The victims are Mr. Bodiuzzaman Bodiar, a brother of Razzak whose right hand had been fractured in a similar attack by the same group in April 2011, and Fakir Mohammad Abdul.

The incident has taken place at around 11:30am today at Godaipur village under the jurisdiction of Paikgachha police station in Khulna district, in presence of a team of police who have been guarding the house of Razzak following an order passed by a High Court Bench on 5 December 2011. At around 11:30am in the morning Abdur Rauf Sarder and his son Kazal Sarder deliberately went to Razzak's family's land and started cutting trees off. Razzak's father Mr. Nur Ali Fakir, who witnessed and protested the unlawful action of Abdur Rauf Sarder and his son, was chased away by the attackers. Bodiar and Abdul who approached to protect their father got attacked by sharp and blunt weapons and kept confined for about two hours at the scene. Following public pressure after the Friday midday prayer the perpetrators allowed the police to send the two victims to the Paikgachha hospital.

Two Police Constables namely Mr. Emdad and Mr. Jamshed and an Ansar (Village Defence Party) personnel were present at the time the attack while two policemen also sustained injuries. Police constable Emdad went to the Paikgachha hospital for treatment, however, he left after having received "First Aid" from the hospital.

According to the latest information, Bodiar's right hand's forearm and left plum have been fractured with several cuts and bruises in his forehead, back and other parts of the body. He has received severe injuries in his head. Abdul's ribs have been fractured and received injuries in his head and many parts of the body as well. Both of them have swollen marks all over their bodies. At the time of writing this appeal the injured victims were admitted at the Paikgachha hospital after having done radiological examinations regarding the fractures in their respective bodies.

According to the information, the Administrative Inquiry team invited the witnesses and villagers to testify before it when they visited Godaipur village where the families of Razzak are located. The committee reportedly received substantial information regarding attacks on Razzak and his family. The committee asked questions about inaction of the police regarding the incident and their connivance with the perpetrators.

Mr. F M A Razzak has immediately informed the head of the administrative probe committee over mobile phone. The ADC Revenue, who headed the administrative probe committee two days ago, suggested Razzak to contact the UNO of Paikgachha for further action.

Razzak and his brothers request the authorities to take immediate action regarding the matter so that adequate protection is ensured to the victims and their families. Justice must provided to them following credible investigations.

SUGGESTED ACTION:
Please write to the relevant authorities of Bangladesh urging them to ensure protection to the family of the victims of this latest physical attack. Credible investigation must be conducted by a judicial authority excluding any member from the police or other law enforcement agencies of the country. Adequate financial compensation and medical treatment should be afforded to the victims by the State, which has obligation for doing so under the international laws. The perpetrators must be prosecuted and justice should prevail.

The Asian Human Rights Commission has written separate letters to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Special Rapporteure on Situation of Human Rights Defenders calling for their immediate intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

BANGLADESH: Please investigate the case of physical attack on Razzak's brothers by Army Major Mustafizur's family and ensure protection and justice to the victims

Name of victims:
1. Mr. Bodiuzzaman Bodiar
2. Mr. Fakir Mohammad Abdul
Both are son of Mr. Nur Ali Fakir and brothers of human rights defender Mr. F M A Razzak
Names of alleged perpetrators:
1. Mr. Abdur Rauf Sarder, father of Mr. Mustafizur Rahman Bokul, a Major of Bangladesh Army
2. Mr. Mokhlesur Rahman Kazal a.k.a. Kazal Sarder, brother of Mr. Mustafizur Rahman Bokul, a Major of Bangladesh Army
3. Mr. Ismail

All are residents of Godaipur village under the jurisdiction of Paikgachha police station in Khulna
Date of incident: 13 April 2012
Place of incident: House of F M A Razzak at Godaipur village under the jurisdiction of Paikgachha police station in Khulna

I am writing to voice my deep concern regarding a further attack happened on 13 April 2012 on two members of the family of human rights defender Mr. F M A Razzak by the father and brother of a major of Bangladesh Army, who has been given blatant impunity by the State despite committing several cognizable crimes in the recent past.

I have learned from the Asian Human Rights Commission that a Division Bench of the High Court Division of the Supreme Court of Bangladesh ordered the authorities to investigate the case of physical attack on Mr. F M A Razzak, which took place on 29 April 2011. The High Court Bench, which passed this order on 5 December 2011, also ordered the police authorities to reinstate the family of Razzak to their own house at Godaipur village under the jurisdiction of the Paikgachha police station in Khulna. The police helped Razzak's family to go back to their house on 9 December 2011.

On 10 April 2012, a three-member administrative inquiry team headed by the Additional Deputy Commissioner (Revenue) of Khulna Mr. Khan Md. Rezaul Karim conducted an investigation. Two other members of the team were the Upozilla Nirbahi Officer (UNO) of Paikgachha Kazi Atiur Rahman and the Social Service Officer of Paikgachha Mr. Debashish Roy. The team visited the scenes of crimes that were committed a year ago. They invited the witnesses and villagers to testify before the team and reportedly received substantial information regarding the complaint of Mr. F M A Razzak. The committee asked questions about inaction of the police regarding the incident and their connivance with the perpetrators.

Today, 13 April, information has been received that two brothers of Mr. F M A Razzak have been physically attacked by the family of Army Major Mustofizur Rahman Bokul. The army officer's the father Mr. Abdur Rauf Sarder and brother Mr. Mokhlesur Rahman Kazal a.k.a. Kazal Sarder accompanied by another man named Ismail committed this latest attack on two brothers of Razzak. The victims are Mr. Bodiuzzaman Bodiar, a brother of Razzak whose right hand had been fractured in a similar attack by the same group in April 2011, and Fakir Mohammad Abdul.

The incident has taken place at around 11:30am today at Godaipur village under the jurisdiction of Paikgachha police station in Khulna district, in presence of a team of police who have been guarding the house of Razzak following an order passed by a High Court Bench on 5 December 2011. At around 11:30am in the morning Abdur Rauf Sarder and his son Kazal Sarder deliberately went to Razzak's family's land and started cutting trees off. Razzak's father Mr. Nur Ali Fakir, who witnessed and protested the unlawful action of Abdur Rauf Sarder and his son, was chased away by the attackers. Bodiar and Abdul who approached to protect their father got attacked by sharp and blunt weapons and kept confined for about two hours at the scene. Following public pressure after the Friday midday prayer the perpetrators allowed the police to send the two victims to the Paikgachha hospital.

Two Police Constables namely Mr. Emdad and Mr. Jamshed and an Ansar (Village Defence Party) personnel were present at the time the attack while two policemen also sustained injuries. Police constable Emdad went to the Paikgachha hospital for treatment, however, he left after having received "First Aid" from the hospital.

According to the latest information, Bodiar's right hand's forearm and left plum have been fractured with several cuts and bruises in his forehead, back and other parts of the body. He has received severe injuries in his head. Abdul's ribs have been fractured and received injuries in his head and many parts of the body as well. Both of them have swollen marks all over their bodies. At the time of writing this appeal the injured victims were admitted at the Paikgachha hospital after having done radiological examinations regarding the fractures in their respective bodies.

According to the information, the Administrative Inquiry team invited the witnesses and villagers to testify before it when they visited Godaipur village where the families of Razzak are located. The committee reportedly received substantial information regarding attacks on Razzak and his family. The committee asked questions about inaction of the police regarding the incident and their connivance with the perpetrators.

Mr. F M A Razzak has immediately informed the head of the administrative probe committee over mobile phone. The ADC Revenue, who headed the administrative probe committee two days ago, suggested Razzak to contact the UNO of Paikgachha for further action.

Razzak and his brothers request the authorities to take immediate action regarding the matter so that adequate protection is ensured to the victims and their families. Justice must provided to them following credible investigations.

A large number of documentations done the human rights groups regarding Bangladesh expose that the cultures of blatant impunity to the military officials and an extreme form of incapability of the basic rule of law institutions have paved the way to this latest attack on the two brothers of human rights defender Mr. F M A Razzak. Razzak has not received any justice although one year has passed since his eyes were gouged by the same military officer's goons in April 2011.

I, therefore, urge you that the following actions must be taken immediately:

1. Ensure protection to the family of the victims of this latest physical attack;
2. Investigate by a judicial authority excluding any member from the police or other law enforcement agencies of the country in order to establish credibility of the investigation
3. Afford adequate financial compensation and medical treatment to the victims by the State, which has obligation for doing so under the international laws;
4. Stop endorsing impunity to army major Mustafizur Rahman Bokul and investigate all the crimes he committed by himself and masterminded in the past;
5. Prosecute the perpetrators and ensure justice to the victims.

Yours sincerely,

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PLEASE SEND YOUR LETTERS 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 psecy@pmo.gov.bd

2. Mr. Md. Mozammel Haque
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. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
8, Journalist Selina Parvin Road
Mogbazar, Dhaka
BANGLADESH
Tel: +88 02 8331492
Fax: +88 02 8333219
E-mail: nhrc.bd@gmail.com

7. Mr. Md. Abdul Mubeen
General and Chief of Army Staff
Bangladesh Army
Army Headquarters
Dhaka Cantonment
Dhaka
BANGLADESH
Tel: +880 2 9870011
Fax: +880 2 8754455

8. Mr. Hassan Mahmud Khandker
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 / +880 2 717 6677
E-mail: ig@police.gov.bd

9. Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +880 41 761823
Fax: +880 41 761300
E-mail: digkhulna@police.gov.bd


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-014-2012
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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.