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UPDATE (Bangladesh): Government and police officials did not comply with the High Court's order requiring them to explain and produce the disappeared victim

May 16, 2010

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-020-2010

 

17 May 2010

[RE: AHRC-UAC-043-2010: BANGLADESH: A man has been missing for six weeks after his arrest by Rapid Action Battalion officers in Gazipur]
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BANGLADESH: Government and police officials did not comply with the High Court's order requiring them to explain and produce the disappeared victim

ISSUES: Arbitrary arrest and detention; disappearance; 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 updated information regarding the disappearance of a man who had gone missing after a Rapid Action Battalion (RAB) team illegally arrested and detained him along with several others in February 2010 (Please see our previous appeal for details: AHRC-UAC-043-2010). We have learned that the government has failed to produce him despite a High Court Bench order to produce him within three weeks following a Habeas Corpus hearing.

Please strongly urge the government to provide information on the whereabouts of Mr. Salim to his family immediately in compliance to the High Court’s order.

UPDATED INFORMATION: (According to information received from lawyers and relatives of the disappeared victim)

A writ of Habeas Corpus (Petition No. 2851 of 2010) was filed by Mrs. Nazma Begum, the wife of the disappeared person, Mr. Salim, with the High Court Division of the Supreme Court of Bangladesh regarding the disappearance of her husband.

The Habeas Corpus Petition claims that Mr. Salim Miah disappeared after the Rapid Action Battalion (RAB) arrested him on 19 February 2010 from the Kapasia area under the jurisdiction of Kapasia police station of Gagipur district. The petitioner has asked the court that: "A direction upon the respondents to bring the detenu before the Hon’ble High Court Division so that the Hon’ble Court can be satisfied that the detenu is not being held in custody without lawful authority or in an unlawful manner".

The respondents of the petition were the Secretary of the Ministry of Home Affairs, Inspector General of Police, Director General of Rapid Action Battalion (RAB), Commander of the RAB-4, Deputy Commissioner of Gazipur district, Superintendent of Police of Gazipur district and the Officer-in-Charge (OC) of Kapasia police station of Gazipur district. The petition was supplemented by another petition supported by an affidavit from Mr. Mohammad Ali Hossain, who was also arrested from the same place along with the Mr. Salim.

The two lawyers, representing the petitioner, have informed the Asian Human Rights Commission (AHRC) regarding the updates of the case. According to them, on 15 April 2010, a Division Bench comprising Justice A H M Shamsuddin Chowdhury and Justice Md. Delwar Hossain heard their petition.

The Attorney General's office claimed the before the Court that "the Rapid Action Battalion (RAB) did not arrest Salim according to their official records". The High Court's Division Bench accepted the Habeas Corpus petition after hearing both parties. The Court issued a rule against the seven respondents. It asked as to why a Rule for Habeas Corpus should not be issued upon the respondents. The Court also had directed the Commander of the RAB-4 to explain within three weeks as to whether they rounded up any person named Salim Miah.

Meanwhile, the lawyers have collected the documents regarding the detention of Mr. Mohammad Ali Hossain, a cousin of the disappeared person; and one of the detainees who were arrested and taken under the RAB-4 custody together with the disappeared victim. (For further information, please see: AHRC-043-2010).

According to the documents, Assistant Sub Inspector (ASI) of the Kafrul police station of the Dhaka Metropolitan Police (DMP) had produced Mr. Mohammad Ali Hossain before the Chief Metropolitan Judicial Magistrate's Court of Dhaka in a case registered with the Kafrul police on 25 February 2010 along with 28 others. It is learned the police have brought charges of suspicious movement at the area of the Bangladesh Road Transport Authorities (BRTA). The police claim that such movement was a crime under Section 84 of the Dhaka Metropolitan Police (DMP) Ordinance-1976 and arrested the 29 persons under Section 100 of the same law. The police requested the Court to conduct a non-FIR (First Information Report) prosecution of the case. The Court released the detained persons, including Mohammad Ali Hossain, upon receiving a penalty of BDT 100.00 (USD 1.30), which is the punishment under Section 84 of the DMP Ordinance-1976.

On 17 May, the lawyers of the Habeas Corpus petition told the AHRC that none of the seven respondents have responded to the Rule of the High Court Division Bench since the Rule was issued on 15 April asking them to respond within three weeks.

SUGGESTED ACTION:

Please write to the authorities below asking that they immediately intervene to ensure that the case is investigated by competent judicial officials, and that Mr. Salim is located and released. Those found to have been involved in the illegal arrest, arbitrary detention and disappearances in this case must be prosecuted without delay. The detainees and their families must be afforded adequate compensation.

Please note that the Asian Human Rights Commission has already written separate letters to the UN Working Groups on Involuntary and Enforced Disappearance and on Arbitrary Detention requesting their interventions in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _______,

BANGLADESH: Government and police officials did not complaint to the High Court order requiring them to explain the disappearance of a man rule in a Habeas Corpus petition

Name of the disappeared victim:
Mr. Salim Miah, aged 35 years, a businessman of fruits and fish, son of Mr. Abdur Rashid, living in Vaoal Chandpur village under the jurisdiction of the Kapasia police station of the Gazipur district
Name of detained victims:
1. Mr. Mohammad Ali Hossain, a farmer and fish businessman, living in Pirojpur village under the Kapasia police station in Gazipur district.
2. Mr. Mohon, 28, son of Ismail Sirker of Mirpur
3. Mr. Abdul Hasanat, 28, son of Shibah Uddin of Vaoal Chandpur village under the Kapasia police station of the Gazipur district
4. Mr. Mainul Islam
5. Mr. Mamun

Name of officers allegedly involved in the case:
1. Mr. Md. Mozaffar Hossain, Deputy Assistant Director (DAD)
2. Mr. Md. Jahangir Alam, Sub Inspector of Police
3. Mr. Quashem, Havildar
4. Mr. Taleb, Lance Nayek
5. Mr. Abul Bashar, Nayek
6. Mr. Mamun, Constable
All are attached to the Rapid Action Battalion (RAB)-4 stationed at Paikpara in Mirpur of the city of Dhaka

Place of original incident: The custody of the RAB-4 in Dhaka
Date of original incident: 19 February 2010

I am writing to express my deep concern over the non-compliance of the government and police officials to explain the disappearance of Mr. Salim, who disappeared after he was illegally arrested by a team of the Rapid Action Battalion (RAB) on 19 February 2010 and arbitrary detained in the RAB-4 camp.

On 15 April, the High Court Bench had already required the respondents to explain the disappearance of the victim. The victim's wife had earlier sought a petition for the victim to be physically presented the Court. The disappeared man has not yet been brought before the Court even after three weeks have already passed. I strongly demand that the government and police officials must comply with the court order to explain the victims disappearance.

Also Mr. Salim’s family should also be immediately informed about his whereabouts and that physically he should be produced before the High Court Bench of the Supreme Court. The officers of the RAB-4, who were accused of having responsibility in illegally arresting, detaining and the subsequent disappearance of Mr. Salim, must be brought to justice without further delay.

I am informed that on 15 April 2010 a Division Bench of the High Court Division of the Supreme Court of Bangladesh heard a Habeas Corpus petition (No. 2851 of 2010), filed by Mrs. Nazma Begum, wife of Mr. Salim, who has been disappeared. The Court issued Rule upon the respondents - Secretary of the Ministry of Home Affairs, Inspector General of Police, Director General of Rapid Action Battalion (RAB), Commander of the RAB-4, Deputy Commissioner of Gazipur district, Superintendent of Police of Gazipur district and the Officer-in-Charge (OC) of Kapasia police station of Gazipur district – asking as to why the respondents should not be ordered to produce the disappeared person before the Court within three weeks.

I am concerned over the indifference of the public officials and the law-enforcement agencies and the paramilitary forces that have not responded to High Court's Rule even after one month since the Rule was issued. I question as to whether the government and its law-enforcement agencies pay due respect to the judicial orders for the sake of upholding the rule of law in the country or not?

Bangladesh, as a party to the International Covenant on Civil and Political Rights (ICCPR), has complete obligation under Article 2 of this international human rights law to protect the basic human rights of its citizens. Moreover, the Constitution of Bangladesh obliges the authorities to ensure the right to life, liberty and security as fundamental rights, according to Articles 32 and 33.

I urge the Bangladeshi authorities to investigate into the matters of the disappearance of Mr. Salim and the subsequent indifference shown by the public officials as well as the law-enforcement agencies and paramilitary forces. The officials responsible for the disappearance of Mr. Salim and disregarding the High Court's Ruling should be held accountable and brought to justice with due punishment for their crimes. I also urge you to inform the whereabouts of the disappeared person to his family immediately.

I am of the opinion that Bangladesh's law-enforcement and the criminal justice systems are highly dysfunctional and require thorough reforms for the sake of establishing justice in the society. I urge the government to initiate reforms in the criminal justice systems immediately.

I trust that you will take prompt action in this regard.

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 ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. Mohammad 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. Hassan Mahmood Kahndker
Director General
Rapid Action Battalion
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: + 880 2 8919078/ 880 2 8961101
Mobile: +8801199886600 / 8801713014050/ 8801713374469
Fax: + 880 2 896 2884
Email: dg_rab@rab.gov.bd


Thank you.

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


Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-020-2010
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.