BANGLADESH: Human rights defender Mr. Shahed Kayes, who was abducted and stabbed, requires immediate protection

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-022-2013
ISSUES: Environmental protection, Human rights defenders, Impunity, Military, Right to life, Rule of law, Victims assistance & protection,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that Mr. Shahed Kayes, who is a leading human rights defender fighting against illegal sand mining in the Meghna River adjacent to the Mayadip and Nunertek islands, was abducted and stabbed on 25 July 2013. The assailants attempted to cut off his left wrist. They stabbed him in the shoulder and neck. Shahed Kayes’ safety continues to be under serious threat as several powerful politicians and parliamentarians from the ruling party are the organizers behind the attack. Please intervene immediately into this matter and insist the authorities of Bangladesh to bring the perpetrators to justice.

UPDATED INFORMATION:

A group of persons abducted Mr. Shahed Kayes, a well-respected human rights defender, working in Narayanganj district of Bangladesh, yesterday, 25 July. The AHRC is informed that Kayes’ abductors, with intent to murder him, stabbed Kayes and cut his wrist and assaulted him severely. Fortunately, due to immediate public intervention Kayes was saved and is now admitted in a hospital. The AHRC is aware that Kayes’ life is under exceptional threat and is writing to immediately intervene in this case that Kayes remains safe.

Shahed Keyes is the Executive Director of Subornogram Foundation, an organization which has established several schools for providing free education for the underprivileged children of Dalit and minority ethnic communities in Bangladesh. He is the Chief Advisor of the Illegal Sand Extraction Prevention Committee at Mayadip-Nunertek, Sonargaon. The Deputy Commission of Narayanganj district, who is the chief administrator of the government in the district, made this Committee in 2011. He is also a petitioner of a writ petition filed with the High Court Division of the Supreme Court of Bangladesh, which passed a stay order prohibiting sand mining in the area referred in the writ case.

According to the information received, on 25 July 2013, at about 2:15 p.m., Kayes, accompanied by a Peace Fellowfrom the United States, and Mr. Kamruzzaman Dipu was sailing in a boat through the Meghna River from Baidyer Bazaar in Sonargaon sub-district, to Ramprasader Chor (island). Subornogram Foundation is running a free school for the children of the fisher folk at Chor. Dipu is a volunteer at the Subornogram Foundation.

After about 15 minutes into their sailing, when their boat neared the banks of Nolchor (one of the several islands in the river), two speedboats carrying around 6 people each, approached and stopped Kayes’ boat in the river. It is reported that these people are involved in illegal sand mining near Myadip and Nunertek islands, against which Kayes and the islanders have been protesting.

The persons who arrived towards Kayes’ boat, surrounded Kayes’ boat, and forced Kayes and his companions to shift into one of the boats in which the strangers had come. Kayes initially refused to comply. At this, the abductors became more aggressive. It is reported that, to save his colleagues from danger, Kayes agreed that he would go along with the abductors, if they would spare his companions, and they are left free.

After a lot of yelling and a brief scuffle, they forced Kayes into one of the boats in which the strangers had come. They left with Kayes. Later it was known that they took Kayes to another island in the river named Faraji Kandi. This place is under the jurisdiction of the Meghna sub-district in Comilla district.

By the time the two boats reached Faraji Kandi with Kayes, 8 persons arrived in another boat and soon another 35 persons reached the island in a larger boat. There all of them started assaulting Kayes severely with rod and sticks. Then they stabbed Kayes on his right shoulder and neck, and slit his left wrist. Kayes informs that while they were assaulting Kayes, his assailants shouted at Kayes: “…you are fighting against us and we have lost lot of money because of your movement in our deals. We made the mistake of not killing you before. This time we will kill you. We will cut your arteries on your wrists and legs, tie your hands and legs, and throw you in the river.”

Meanwhile, the Peace Fellow realising that Kayes is in serious danger and that he may be killed, contacted a journalist friend, Mr. Tushar. The Peace Fellow and Dipu informed Tushar what had happened to Kayes. Tushar informed the police at Sonargaon and the Meghan police stations and requested them to save Kayes. The police officers first reportedly contacted their higher officers. At about 4:00 p.m., the police rescued Kayes from a place called Rampur Bazar under the jurisdiction of Meghna sub-district in Comilla district. However, the police let Kayes’ abductors to escape.

Eyewitnesses claim that the Meghna police were using a boat owned by one of the alleged conspirators, Selina Islam, also the owner of Four Point Constructing Co. Ltd., having its office in Comilla district. The police from Sonargaon Police Station arrested one perpetrator later and have seized a speedboat from Rampur Bazaar.

Kayes was then admitted to Sonargaon Hospital, where the doctors have identified that Kayes has suffered multiple blunt trauma injuries on his head and chest. At this hospital, they treated Kayes’open wounds.

Kayes’ condition is stable at the moment, but is vomiting repeatedly, which is reportedly due to the blunt trauma injuries he has suffered on his head. The AHRC has arranged for Kayes to be shifted to another hospital, where he could receive specialist treatment.

Meanwhile, Kayes’ complaint about the incident is on record at the Sonargaon police station. In his complaint, First Information Report (FIR) no. 38, dated 25 July 2013, Kayes was able to identify the following persons among his assailants.

They are: (1) Mr. Zakir Hossain, proprietor of Shahjalal Enterprise; (2) Mr. Md. Mohsin, a person associated with the Four Point Trading & Construction Ltd., owned by Selina Islam; and (3) Wasim, son of Abdul Matin, resident of Sonakanda village of Meghna, Comilla. These persons are from Meghna sub-district in Comilla district and are involved in illegal sand mining.

Besides, it is suspected that: (1) Mr. Osman (Former Member of Union Council), son of late Mr. Amir Hossain, resident of Nunertek Tekpara of Sonargaon; (2) Mr. Zakir Hossain, son of Sadar Ali (former member of Union Parishad), resident of Nunertek of Sonargaon; and (3) Mr. Hossain Mian, son of late Mongol Ali, resident of Nunertek (Chuadanga) of Sonargaon; are suspected to have followed Kayes’ movements on the fateful day and have informed the gang of assailants, who abducted Kayes.

The media in Bangladesh have reported the incident. Civil society activists in Bangladesh have organised various protests and demonstrations demanding thorough investigation and prosecution of the suspects.

In an earlier incident, on 2 July 2013 at about 9:30 p.m.., some unknown persons had threatened Kayes that he would be killed if he continued working against illegal sand mining in the region. The incident happened near the Kazi Fazlul Haque Women’s’ University College. On 4 July 2013, Kayes had filed a complaint about the incident at Sonargaon Police Station.

The AHRC had reported cases of illegal sand mining in Sonargaon which Kayes has been providing to the AHRC. These cases are reported as: AHRC-UAU-033-2012, AHRC-UAC-033-2012, and AHRC-HAG-003-2011. These documentations expose that a number of parliamentarians from the ruling political party from, Narayanganj and Comilla districts are involved in the illegal sand mining in the Meghna River. The AHRC, through its own experience working in Bangladesh as well as evident from this case is certain that as long as politicians from the ruling political party is involved in the case against Kayes, his life has no security in Bangladesh anymore.

The Asian Human Rights Commission (AHRC) has condemned the abduction and attack upon Mr. Shahed Kayes in a statement issued on 26 July 2013 regarding this matter (For further details, please see: AHRC-STM-138-2013). The AHRC is concerned about Kayes’ safety in Bangladesh.

BACKGROUND INFORMATION:

A High Court Division Bench of the Supreme Court of Bangladesh passed a stay order on 26 April 2011 prohibiting the leasing of the areas that threaten the habitations in Mayadip following a writ petition. The Court ordered the administrative officials of the government, who were amongst the respondents of the writ petition, to take immediate action to stop sand mining in the area that endangers the locality. The Asian Human Rights Commission issued the original Urgent Appeal (AHRC-UAC-033-2012) regarding illegal sand-mining and death threats to local rights activists and inhabitants on 24 February 2012.

The UN Special Rapporteur on Adequate Housing intervened in the matter, urging the government of Bangladesh to initiate investigation on 22 March 2012. On 29 March, the Permanent Mission of Bangladesh in Geneva informed the Ministry of Foreign Affairs in Dhaka about the intervention of the UN mandate holder. On 22 April, the Foreign Ministry forwarded the request to the Cabinet Division of the Government of Bangladesh, which asked the district administration of Narayanganj district on 25 April to conduct an investigation regarding the matter. Accordingly, the district administration of Narayanganj conducted an enquiry within one week of receiving the instruction from the Cabinet Division. However, the authorities have not made the investigation report public and no information has been provided regarding the outcome of the report.

The AHRC previously issued a Hunger Alert General (For further details, please see: AHRC-HAG-003-2011) regarding the illegal sand-mining and death threats to the local rights activists and inhabitants last year and this year respectively. However, the government has failed to take any effective legal action to protect the community by punishing the perpetrators although there is a law titled “Balumahal and Soil Management Law 2010” in the country.

SUGGESTED ACTION:
Please write to the authorities of Bangladesh demanding the following:
1. That the Government of Bangladesh should provide immediate personal protection to Kayes;
2. That the police must immediately investigate the case and book the perpetrators;
3. The police immediately assist the witnesses to the incident, so that they record their statement to a Judicial Magistrate;
4. Kayes provided all medical treatment at state expense at the best possible facility in Bangladesh.

The AHRC is writing a sparate letter to the UN Special Rapporteurs on the Situation of Human Rights Defenders and Adequate Housing, calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ………………,

BANGLADESH: Human rights defender Mr. Shahed Kayes, who was abducted and stabbed, requires immediate protection

Name of victims:
1. Mr. Shahed Kayes, a well-respected human rights defender and poet, Executive Director of Subornogram Foundation, based in Sonargaon in Narayanganj district
2. Mr. Kamruzzaman Dipu, a volunteer at Subornogram Foundation, Sonargaon, Narayanganj
3. A citizen of the United States working as a Peace Fellow at Subornogram Foundation in Bangladesh

Alleged perpetrators:
1. Mr. Subid Ali Bhuyan, a parliamentarian of Comilla district, who is a retired Major General of the Bangladesh Army 
2. Ms. Selina Islam, owner of Four Point Trading & Construction Ltd.
3. Mr. Zakir Hossain, owner of Jalal Enterprise, resident of Sonakanda of Meghna in Comilla district
4. Mr. Md. Mohsin, a person associated with the Four Point Trading & Construction Ltd., owned by Selina Islam 
5. Mr. Osman Gani, son of late Amir Ali, president of Bangladesh Awami League of its Ward No. 6 Unit of Baradi Union Parishad, ex member of Baradi union parishad, Nunertek, Baradi, Sonargaon, Narayanganj
6. Mr. Zakir Hossain Zakaria, son of Mr. Sadar Ali (former member of Union Parishad), Nunertek, Baradi, Sonargaon, Narayanganj 
7. Mr. Hossain Mian, son of late Mongol Ali, resident of Nunertek (Chuadanga) of Sonargaon, Narayanganj

Date of incident: 25 July 2013
Place of incident: Meghna River near Baiyder Bazaar under the jurisdiction of the Sonargaon police station in Narayanganj district and Farazi Kandi under the jurisdiction of Meghna police station in Comilla district

I am writing to voice my grave concern over the abduction and stabbing Mr. Shahed Kayes, a leading human rights defender fighting against illegal sand mining in the Meghna River adjacent to the Mayadip and Nunertek islands of Sonagaon of Narayanganj district. The assailants attempted to kill Mr. Kayes.

I have received information from the Asian Human Rights Commission (AHRC), that a group of persons abducted Mr. Shahed Kayes, a well-respected human rights defender, working in Narayanganj district of Bangladesh, yesterday, 25 July. The AHRC is informed that Kayes’ abductors, with intent to murder him, stabbed Kayes and cut his wrist and assaulted him severely. Fortunately, due to immediate public intervention Kayes was saved and is now admitted in a hospital. The AHRC is aware that Kayes’ life is under exceptional threat and is writing to immediately intervene in this case that Kayes remains safe.

Shahed Keyes is the Executive Director of Subornogram Foundation, an organization which has established several schools for providing free education for the underprivileged children of Dalit and minority ethnic communities in Bangladesh. He is the Chief Advisor of the Illegal Sand Extraction Prevention Committee at Mayadip-Nunertek, Sonargaon. The Deputy Commission of Narayanganj district, who is the chief administrator of the government in the district, made this Committee in 2011. He is also a petitioner of a writ petition filed with the High Court Division of the Supreme Court of Bangladesh, which passed a stay order prohibiting sand mining in the area referred in the writ case.

According to the information received, on 25 July 2013, at about 2:15 p.m., Kayes, accompanied by a Peace Fellowfrom the United States, and Mr. Kamruzzaman Dipu was sailing in a boat through the Meghna River from Baidyer Bazaar in Sonargaon sub-district, to Ramprasader Chor (island). Subornogram Foundation is running a free school for the children of the fisher folk at Chor. Dipu is a volunteer at the Subornogram Foundation.

After about 15 minutes into their sailing, when their boat neared the banks of Nolchor (one of the several islands in the river), two speedboats carrying around 6 people each, approached and stopped Kayes’ boat in the river. It is reported that these people are involved in illegal sand mining near Myadip and Nunertek islands, against which Kayes and the islanders have been protesting.

The persons who arrived towards Kayes’ boat, surrounded Kayes’ boat, and forced Kayes and his companions to shift into one of the boats in which the strangers had come. Kayes initially refused to comply. At this, the abductors became more aggressive. It is reported that, to save his colleagues from danger, Kayes agreed that he would go along with the abductors, if they would spare his companions, and they are left free.

After a lot of yelling and a brief scuffle, they forced Kayes into one of the boats in which the strangers had come. They left with Kayes. Later it was known that they took Kayes to another island in the river named Faraji Kandi. This place is under the jurisdiction of the Meghna sub-district in Comilla district.

By the time the two boats reached Faraji Kandi with Kayes, 8 persons arrived in another boat and soon another 35 persons reached the island in a larger boat. There all of them started assaulting Kayes severely with rod and sticks. Then they stabbed Kayes on his right shoulder and neck, and slit his left wrist. Kayes informs that while they were assaulting Kayes, his assailants shouted at Kayes: “…you are fighting against us and we have lost lot of money because of your movement in our deals. We made the mistake of not killing you before. This time we will kill you. We will cut your arteries on your wrists and legs, tie your hands and legs, and throw you in the river.”

Meanwhile, the Peace Fellow realising that Kayes is in serious danger and that he may be killed, contacted a journalist friend, Mr. Tushar. The Peace Fellow and Dipu informed Tushar what had happened to Kayes. Tushar informed the police at Sonargaon and the Meghan police stations and requested them to save Kayes. The police officers first reportedly contacted their higher officers. At about 4:00 p.m., the police rescued Kayes from a place called Rampur Bazar under the jurisdiction of Meghna sub-district in Comilla district. However, the police let Kayes’ abductors to escape.

Eyewitnesses claim that the Meghna police were using a boat owned by one of the alleged conspirators, Selina Islam, also the owner of Four Point Constructing Co. Ltd., having its office in Comilla district. The police from Sonargaon Police Station arrested one perpetrator later and have seized a speedboat from Rampur Bazaar.

Kayes was then admitted to Sonargaon Hospital, where the doctors have identified that Kayes has suffered multiple blunt trauma injuries on his head and chest. At this hospital, they treated Kayes’open wounds.

Kayes’ condition is stable at the moment, but is vomiting repeatedly, which is reportedly due to the blunt trauma injuries he has suffered on his head. The AHRC has arranged for Kayes to be shifted to another hospital, where he could receive specialist treatment.

Meanwhile, Kayes’ complaint about the incident is on record at the Sonargaon police station. In his complaint, First Information Report (FIR) no. 38, dated 25 July 2013, Kayes was able to identify the following persons among his assailants.

They are: (1) Mr. Zakir Hossain, proprietor of Shahjalal Enterprise; (2) Mr. Md. Mohsin, a person associated with the Four Point Trading & Construction Ltd., owned by Selina Islam; and (3) Wasim, son of Abdul Matin, resident of Sonakanda village of Meghna, Comilla. These persons are from Meghna sub-district in Comilla district and are involved in illegal sand mining.

Besides, it is suspected that: (1) Mr. Osman (Former Member of Union Council), son of late Mr. Amir Hossain, resident of Nunertek Tekpara of Sonargaon; (2) Mr. Zakir Hossain, son of Sadar Ali (former member of Union Parishad), resident of Nunertek of Sonargaon; and (3) Mr. Hossain Mian, son of late Mongol Ali, resident of Nunertek (Chuadanga) of Sonargaon; are suspected to have followed Kayes’ movements on the fateful day and have informed the gang of assailants, who abducted Kayes.

The media in Bangladesh have reported the incident. Civil society activists in Bangladesh have organised various protests and demonstrations demanding thorough investigation and prosecution of the suspects.

In an earlier incident, on 2 July 2013 at about 9:30 p.m.., some unknown persons had threatened Kayes that he would be killed if he continued working against illegal sand mining in the region. The incident happened near the Kazi Fazlul Haque Women’s’ University College. On 4 July 2013, Kayes had filed a complaint about the incident at Sonargaon Police Station.

I am aware that the AHRC had reported cases of illegal sand mining in Sonargaon which Kayes has been providing to the AHRC. These cases are reported as: AHRC-UAU-033-2012, AHRC-UAC-033-2012, and AHRC-HAG-003-2011. These documentations expose that a number of parliamentarians from the ruling political party from, Narayanganj and Comilla districts are involved in the illegal sand mining in the Meghna River. The AHRC, through its own experience working in Bangladesh as well as evident from this case is certain that as long as politicians from the ruling political party is involved in the case against Kayes, his life has no security in Bangladesh anymore.

In light of the above information, I demand that the authorities of Bangladesh should do the following immediately:

1. That the Government of Bangladesh should provide immediate personal protection to Shahed Kayes;
2. That the police must immediately investigate the case and book the perpetrators;
3. The police immediately assist the witnesses to the incident, so that they record their statement to a Judicial Magistrate;
4. Shahed Kayes provided all medical treatment at state expense at the best possible facility in Bangladesh.

Yours sincerely,

—————-
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 
E-mail: pm@pmo.gov.bd

2. Mr. Md. Muzammel Hossain 
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. Mr. Muhiuddin Khan Alamgir 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

4. Md. Rezaul Karim Hira 
Minister 
Ministry of Land 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Fax: +880 2 7172346 
E-mail: minister@minland.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. Mr. Muhammad Musharraf Hossain Bhuiyan
Cabinet Secretary 
Cabinet Division
Building No. 1, Room No. 301
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 9566558
Fax: +880 2 9566559
E-mail: cab_secy@cabinet.gov.bd

7. Mr. Hassan Mahmud Khandker 
Inspector General of Police 
Bangladesh Police 
Police Headquarters’ 
Fulbaria, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 3362 / 956 3363 
E-mail: ig@police.gov.bd

8. Mr. A N Shamsuddin Azad Chowdhury
Divisional Commissioner 
Office of the Divisional Commissioner of Dhaka
Government Office Bhaban
Segun Bagicha, Dhaka 1000
BANGLADESH 
Tel: +880 2 8315085/ 8315198
Fax: +880 2 9349999
E-mail: divcomdhaka@dcdhaka.gov.bd

9. Mr. Md. Serajul Haq Khan
Divisional Commissioner 
Office of the Divisional Commissioner of Chittagong
Chittagong
BANGLADESH 
Tel: +880 31 615247
Fax: +880 31 617400/ 614961
E-mail: divcomct@bttb.net.bd

10. Deputy Inspector General of Police 
Dhaka Range 
Office of the DIG of Dhaka Range 
Shegun Bagicha, Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 8315838/ 9345858 
E-mail: digdhaka@police.gov.bd

11. Deputy Inspector General of Police
Chittagong Range 
Office of the DIG of Chittagong Range
Zakir Hossain Road
Khulshi, Chittagong
BANGLADESH
Tel: +880 31 650120, 655466 (O) 
Fax: +880 31 652111 (O)
E-mail: digchittagong@police.gov.bd

12. Prof. Mizanur Rahman 
Chairman 
National Human Rights Commission 
Gulfeshan Plaza (11th Floor)
8, Sohid Sangbadik Saleena Parvin Sorok
Mogbazar, Dhaka-1217
BANGLADESH 
Tel: +880 2 9335513 
Fax: +880 2 8333219
E-mail: nhrc.bd@gmail.com

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