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UPDATE (Bangladesh): A woman tortured by police while pregnant gets help from the courts after three years; police harassment continues

December 7, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-035-2009



7 December 2009

[RE: UP-040-2007: BANGLADESH: Continuous police harassment of tortured women: Grave concern for her safety; UA-105-2006: Pregnant woman tortured by police in Dhaka]

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BANGLADESH: A woman tortured by police while pregnant gets help from the courts after three years; police harassment continues

ISSUES: Violence against women; torture; administration of justice; threats; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has issued regular updates on the case of Mrs. Shahin Sultana Santa, a pregnant woman who was brutally tortured and whose unborn child was killed by police after she became caught up in a political demonstration. One witness has been killed, and at least two others have been arrested and detained under false charges. The victim's case was dismissed by the Fourth Special Tribunal for Prevention of Women and Children Repression of Dhaka, and after three years her challenge, via a revision petition, has been heard. In September, a court of Dhaka ordered the Dhanmondi police station to register the torture as a criminal case. The victim and her family continue to be threatened by perpetrators among the police.

UPDATED INFORMATION:

On 12 March 2006, Shahin Sultana Santa, diabetic and pregnant, suffered two fractures and severe injuries to her thighs, lower abdomen, back, waist and hips, after an extended assault by police. Among other methods of torture, officers tied a rope around her abdomen and pulled it tight, kicked her genitalia and walked on top of her body in the police van until she fainted; she lost her child. She had been waiting for her son outside his school. Please see the victim's photos [photo1], [photo2] and [photo3].

As described in various special reports and updates since then (linked below), her case has seen continual, often openly corrupt setbacks. This has included fabricated complaints being lodged against her family by members of the police; threats, offers of bribes and physical attacks officers; a weak judicial probe and primary court case; and threats being made against those willing to testify on her behalf.

Witness intimidation: Of the key witnesses, one has died mysteriously; Mr. Ripon, an electrician by trade, was killed in a trap allegedly set by police and a source in Mohakhali, Dhaka in 2007; and another, Mr. Omar Faruk Keru has spent two months in Noakhali Jail and five months in Dhaka Central Jail, where he was reportedly tortured and faced with ten fabricated charges. Santa's husband and lawyer Mr. Atiur Rahman has claimed that various charges have been systematically fabricated against him over the last three years.

Judicial flaws: We have been informed that on 21 May 2006, despite strong evidence, the Fourth Special Tribunal for Prevention of Women and Children Repression, Dhaka, dismissed the torture allegations and dropped the charges of molestation and sexual abuse. The judge ruled that the police did not molest and sexually abuse the victim deliberately. The abuse had been proven by a judicial probe commission headed by Metropolitan Magistrate of Dhaka, Mr. Shafique Anwar (for further details, please click here: UP-112-2006).

On 30 October 2006 Santa registered a Revision Petition with the Metropolitan Sessions Court of Dhaka, which challenged the tribunal's cancellation of her torture case. The complaint has been pending for almost three years, with nineteen successive hearings called, and delayed.

Police action and inaction: On 27 September 2009, the Court of Fourth Additional Sessions Judge of Dhaka heard the Revision Petition. This was file by Santa to challenge the order of dismissal given by the Chief Metropolitan Magistrate of Dhaka. The judge granted Santa's Revision Petition and cancelled the previous order of the Magistrate Court. The Chief Judicial Magistrate then ordered the police to record the complaint (at this point still a petition, instead of a First Information Report (FIR) due to the abuse of the system by police).

That same evening at 8:05pm the Dhanmondi Police Station of the DMP finally registered the complaint as a FIR as case no. 47 (under Sections 341, 323, 325, 326, 354, 394, 506, 109 and 34 of the Penal Code of 1860). It had taken three years.

Santa's petition complaint (No. 312/2006) of torture was lodged with the Chief Metropolitan Judicial Magistrate's Court (formerly known as the Chief Metropolitan Magistrate's Court) of Dhaka on 14 March 2006, against the police. It cited former Deputy Commissioners of the Dhaka Metropolitan Police (DMP) Mr. Kohinoor Mian and Mr. Mazharul Haque, an inspector, along with 25 other police personnel. The case had ended with the release of a final report by Mr. Kawsar Haidary, an officer of the Criminal Investigation Department (CID).

The FIR recorded under the non-bailable sections of the penal law, yet no arrests have been made. The DMP claims that it has since made several unsuccessful attempts to arrest the alleged perpetrators, particularly Mian (currently a SI of Police attached to the Rajshahi Range) and Haque (who was promoted to Additional DIGeneral of Police and became the Vice Principal at the Sarda Police Training Academy). Officers say that both are in hiding. Mr. Nur Hossain, Police Inspector of the detective branch of the Dhaka Metropolitan Police (DMP) has been appointed as Investigating Officer (IO).

In anticipation of their arrest Mian and Haque have reportedly filed a writ petition with a bench of the High Court Division of the Supreme Court of Bangladesh on 1 October 2009 seeking ad interim bail. They were suspended from service after the case was registered, under orders given from the Minister of Home Affairs Ms. Sahara Khatun.

The police headquarters has also reportedly started a 'Departmental Proceeding' against the alleged police officers, helmed by a Mr. Md. Humayan Kabir, a Joint Commissioner of the DMP. Six witnesses from Santa's case testified before him on 30 November 2009, and on the same occasion the witnesses statements were recorded by the IO of the case inspector, Hossain.

This case is becoming a landmark trial for the flaws it has exposed in the criminal justice system. Please find case analysis in our special report in periodical, Article 2: Lawless law-enforcement and the parody of judiciary in Bangladesh (Vol.5, no. 4, August 2006) or follow the progression of the case through our original appeal and updates: UA-105-2006, UP-058-2006, UP-062-2006, UP-083-2006, UP-096-2006, UP-101-2006, UP-112-2006, UP-114-2006, UP-181-2006, UP-207-2006, UP-026-2007 and UP-040-2007.

ADDITIONAL COMMENTS:

It should be noted that The Fourth Special Tribunal for the Prevention of Women and Child Repression is one of many tribunals set up in each of Bangladesh’s district headquarters, and was partly established in response to the country's ratification of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) in 1995. To ratify this international law, a country must not only change discriminatory laws but also introduce new gender-sensitive laws and policies to ameliorate and adjust unequal power balances between men and women. The case of Shanta begs the embarrassing question of its usefulness, and its power. Its inability to either protect or support a woman whose genitals was beaten and whose child was killed while inside her body by law enforcers, speaks of both a lack of understanding of the convention, and a lack of will to take it seriously.

SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below and demand their urgent intervention into this case. Please also urge them to provide safe environment to the victim and her family as well as the witnesses of the torture case in no time.

The Asian Human Rights Commission has written separate letters to the UN Special Rapporteurs on Question of Torture and Violence against Women urging their interventions into this case.

To support this appeal, please click here:

SAMPLE LETTER:

BANGLADESH: Court orders police to record a torture case after three years, authorities avoid arresting alleged perpetrator-police officers

Name of the victims:
1. Mrs. Shahin Sultalna Santa; wife of Mr. Atiur Rahman; resident of 7/A, road no. 10, Mohammadia Housing Society, under the Mohammadpur police station in Dhaka
2. Mr. Atiur Rahman, a lawyer by profession and husband of Mrs. Shahin Sultana Santa, who was tortured by the police in Dhaka; resident of7/A, road no. 10, Mohammadia Housing Society, under the Mohammadpur police station in Dhaka

Alleged perpetrators of the original incident of torture:
1. Mr. Mazharul Haque, a former deputy commissioner (South Zone), Dhaka Metropolitan Police (DMP); reportedly a fugitive at present.
2. Mr. Kohinur Mian, a former deputy commissioner (West Zone), Dhaka Metropolitan Police (DMP), reportedly a fugitive at present.
3. Mr. Ruhul Amin, a former police constable of the Dhaka Metropolitan Police (DMP)
4. 20 to 25 police personnel of the Dhaka Metropolitan Police (DMP)

Place of the incident: Dhaka, Bangladesh
Date of the latest Incident: 27 September 2009 (original incident on 12 March 2006)

I am once again seriously concerned about the manner in which the prosecution of the alleged torturers of Mrs. Shahin Sultana Santa is being handled by the courts, and the Bangladesh police. The victim was pregnant when she was beaten by police on 12 March 2006, in an incident well publicized by local media. Ms. Santa was left with grave injuries and lost her unborn child.

According to the latest information that I have received, after more than a three year-legal battle by the victim, the Chief Metropolitan Judicial Magistrates' Court of Dhaka ordered Santa's case be filed as a First Information Report (FIR) on 24 September 2009. The police recorded it as an FIR (No. 47) at the Dhanmondi branch of the Dhaka Metropolitan Police (DMP) on 27 September.

While I welcome the news that the Home Ministry has suspended two senior police officers – Mr. Mazharul and Mr. Kohinur – since then, I wonder why the police have failed to arrest them. Two months have now passed. The police authorities have claimed that the two men are in hiding, yet I am extremely skeptical of the efforts being deployed in the attempt to arrest them. This is when considering the impunity that has so far coloured the case, and the fact that the victim has had to lodge a Revision Petition with the Metropolitan Sessions Court of Dhaka, simply to file an FIR.

The victim, her family, and witnesses to her case complain of continued harassment and threats from police, including their use of illegal arrests and fabricated charges. One witness, Mr. Omar Faruk Keru has spent months in detention and has faced ten fabricated charges since the incident.

I call on the government to investigate how the registration of Mrs. Santa's torture could have been denied her for more than three years, and identify and punish the officials responsible. Ms Santa's revision petition itself was called and delayed nineteen times. The alleged perpetrators must be prosecuted in fast track courts without any further delay. The victim, her lawyer and witnesses should be provided with adequate compensation, and the significant flaws in the judicial process must come under investigation.

This case illustrates the depth of the policing problems in Bangladesh, and the continued vulnerability of those – whether victims, witnesses or lawyers – that try to bring them to light. I urge the authorities of Bangladesh to form a judicial probe commission made of judges of the Supreme Court, to investigate the prevalence of torture at the hands of the law-enforcing agencies in the country. A thorough investigation is needed to explore the dynamics of the problem, and to teach the nation more about the immediate need for police reform.

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
Tel: +880 2 882 816 079 / 988 8677
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
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
Tel: +880 2 956 2792
Fax: +880 2 956 5058

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
Tel: +880 2 956 2868
Fax: +880 2 956 1568

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
Tel: +880 2 956 2054 / 717 6451 / 717 6677
Fax: +880 2 956 3362 / 956 3363
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
Tel: +880 2 9331555 /88-02-8322746
Fax: +880 2 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 Update
Document ID :
AHRC-UAU-035-2009
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.