Home / News / Urgent Appeals / UPDATE (Bangladesh): Absence of fair trial in alleged false charge against Mr. Akash

UPDATE (Bangladesh): Absence of fair trial in alleged false charge against Mr. Akash

November 3, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-063-2008

3 November 2008

[RE: AHRC-UAU-003-2008: BANGLADESH: Mr. Akash faces three alleged false charges; Judge issued warrant against him]
---------------------------------------------------------------------
BANGLADESH: Absence of fair trial in alleged false charge against Mr. Akash

ISSUES: Threats to human rights defenders; fabrication of charges; impunity
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that Mr. Akash, a human rights defender as well as journalist, has been facing unfair trial in an allegedly false extortion charge against him in Rajshahi. During the court proceedings the prosecutor was seen assisting to the alleged complainant providing information on what to say before the Magistrate, who did not take immediate action to halt this matter despite the matter being brought to his notice by the Mr. Akash’s lawyers.

UPDATED INFORMATION:

The trial of one of the three fabricated extortion cases against journalist and human rights defender, Mr. Jahangir Alam Akash, has been started in the Court of the Chief Judicial Magistrate of Rajshahi. On 21 October 2008, the Court, presided over by Chief Judicial Magistrate (CJM) Mr. Abu Saleh Sheikh Mohammad Zahirul Haque, took a deposition from the complainant Mr. Abdul Jalil against Mr. Akash. As Mr. Akash's principal counsel Mr. Tajul Islam Mohammad Farukh was unable to attend the Court the defense lawyers requested a delay but this was denied by the Magistrate.

During the proceedings Mr. Jalil, the plaintiff of the alleged extortion, failed to give factual information, including the dates of the so-called incident and even the year of the incident when he was asked by the CJM. At this stage, the State's counsel Assistant Public Prosecutor (APP) of a local Sessions' Court Mr. Abu Raihan Al-Beruni Minhaz prompted the dates and year after reading the case dairy in support of the complainant. Despite of the protest made by the defense lawyers, Mr. Jamshed Ali and Mr. Sarwar Jahan Tuhin, who were representing Mr. Akash, regarding the prompting of the APP to the complainant terming the action illegal; the CJM overlooked it. The APP repeatedly prompted Mr. Jalil with information whenever he failed to mention anything correctly according to his complaint in the First Information Report (FIR). Following further objections from the defense lawyers as well as the defendant Mr. Akash the CJM ordered the APP not to prompt the complainant with any further information.

BACKGROUND INFORMATION:

There were three fabricated cases pending before the trial courts in Rajshahi against Mr. Jahangir Alam Akash while two writ cases have been pending before the High Court Division of the Supreme Court (For further details, please see: AHRC-UAU-003-2008).

The cases that Akash has been implicated in are No. 2 of the Boalia police station, dated 2 October 2007 lodged by Mr. Mahfuzul Alam Loton, No. 13 of the Puthia police station, dated 23 October 2007 lodged by Mr. Abdul Jalil and No. 28 of Puthia police station, dated 25 November 2007 lodged by Mr. Abdul Latif Biswas. All cases are extortion charges, which Akash strongly denies.

Case-1:
The High Court Division has extended Mr. Akash's bail for four months to be effective from 6 July to 6 November 2008. A Bench comprising of Justice Md. Iman Ali and Justice Md. Emdadul Haque of the High Court Division passed this order on 1 July 2008. The Court also adjourned the decision of the application of the Emergency Powers Rules-2007 against Mr. Akash in a case lodged by Mr. Mahfuzul Alam Loton (For further details, please see our previous appeal UP-122-2007) with the Boalia police station of the Rajshahi Metropolitan Police (RMP). The police submitted an alleged fabricated investigation report against Mr. Akash, and case has been under trial with the Chief Metropolitan Judicial Magistrate's Court of Rajshahi.

The High Court Bench passed the recent order following up a similar order passed by another Bench of the High Court Division, comprising Justice A B M Khairul Haque and Justice Md. Abdul Awal granted ad-interim bail on 2 January 2008. On the previous occasion the High Court Division of the Supreme Court granted bail to Mr. Akash until 6 July 2008.

Case-2:
The second case was lodged by Mr. Abdul Jalil, who has been prosecuted in a murder case for an alleged killing of a complainant of a rape case against his son, by the alleged instruction of the officers of the Rapid Action Battalion (RAB)-5, based in Rajshahi city. The case was recorded on 23 October 2007 in the night, and keeping the information undisclosed for next few hours the RAB-5 officers arrested Akash from his house without explaining any reason or showing any warrant of arrest.

The police investigator charged Akash for extortion in the investigation report (Charge Sheet), which was submitted to the Chief Judicial Magistrate's Court of Rajshahi on 27 February 2007. The Magistrate Mr. Abu Saleh Sheikh Md. Zahirul Haque accepted the framed charge against Akash on 7 July 2008 basing on the police investigation report.

Case-3:
In the third case, the Investigating Officer Sub Inspector Mr. Amzad Hossain of the Puthia police station submitted an investigation report to the Chief Judicial Magistrate's Court of Rajshahi on 8 January 2008. The report found the extortion charge against Mr. Akash false. The Chief Judicial Magistrate Mr. Abu Saleh Sheikh Md. Zahirul Haque accepted the investigation report on 19 June 2008 and ordered to discharge Mr. Akash. However, the Magistrate refused the petition of the police regarding filing charge against the complainant under Section 211 of the Penal Code of 1860 for the offence of false charge with intent to cause injury to any person. Mr. Abdul Latif Bishwas, a local leader of the Bangladesh Nationalist Party (BNP), allegedly having been influenced by the officers of the Rapid Action Battalion (RAB)-5, lodged this complaint with t he Puthia police station in Rajshahi district on 25 November 2007 against Akash.

The lawyers of Mr. Akash allege that the Magistrate might have been pressurized by the law-enforcement agencies and concerned governmental officers for not to hold the complainant, Mr. Abdul Latif Bishwas, for filing a false case. Due to the alleged pressures from the agencies the Magistrate prolonged the process, and spent around five months since the investigation report was submitted before the Court, to pass this order while four dates were changed in between.

ADDITIONAL INFORMATION:

The prompting information to the complainant by the State's counsel is reverse to the concept of fair trial and justice. The incapacity of the CJM to resist the APP from prompting information to the complainant in the first occasion raises serious question about the impartiality of the Court itself. The Public Prosecutors and other public law officers do not appear before the Magistrate Courts in Bangladesh as an officially established custom. Instead, the police run the prosecuting job in this branch of the judiciary in the country. Experienced lawyers and prosecutors opine that the prosecutors only appear before the Magistrates when the local Administration concentrates to any particular case for the government's exclusive interest on it. The appearance of the assistant public prosecutor to plead the case on behalf of the State gives rise to the question that the governmental authority wants to pay extra-attention to this particular case where as all other cases of the same court is unattended by any of the prosecutors.

Akash is afraid that following repeated pressures from the law-enforcers, especially, the Rapid Action Battalion (RAB), the trial courts may order to put him in jail again cancelling his bail as soon as the tenure of the bail granted by the High Court will be over on 6 November. He is also afraid as a result of a recent verdict passed by the Appellate Division of the Supreme Court, which declares that any person implicated in the Emergency Power Rules of 2007 is not eligible to get bail until the trial is over regardless whatever the charge against the accused person is.

The prime perpetrator, Major Rashidul Hassan Rashid, a military officer deputed in the RAB, has been recruited to serve in the UN Peacekeeping Mission in Ivory Coast; he was reportedly left the country to join the UN Mission on 10 July 2008. This is another picture that how the Bangladeshi authorities look into the matters of human rights abuses and treats the victims and the perpetrators as well, according to their policy. 

SUGGESTED ACTION:
Please write a letter to the authorities listed below and urge them to ensure fair trial for the case lodged against Mr. Akash.

The AHRC writes a separate letter to the Special Rapporteurs on Independence of Lawyers and Judges and human rights defenders calling for intervention in this case. It also writes a letter to the Under Secretary General of the UN Peacekeeping Mission concerning the involvement of Rashid torturing Mr. Akash.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

BANGLADESH: Absence of fair trial in alleged false charge against Mr. Akash

Name of victim: Mr. Jahangir Alam Akash, human rights defender cum journalist of the daily newspaper Sangbad
Name of alleged original perpetrators:
1. Major Mr. Rashidul Hassan Rashid, attached to the Rapid Action Battalion (RAB)-5 deployed for the Rajshahi region, who has now been posted to the UN Peacekeeping Mission in Ivory Coast since 10 July 2008
2. Mr. Humayan Kabir, Deputy Assistant Director (DAD) of RAB-5
3. Let. Col. Mr. Quazi Shamsuzzaman Khan, Commanding Officer of the RAB-5
4. Other personnel of the RAB-5
Date of recent incident: 21 October 2008
Place of recent incident: Chief Judicial Magistrate's Court of Rajshahi

I am highly concerned to learn of the question of the right to fair trial to Mr. Jahangir Alam Akash regarding the alleged fabricated charges against him caused as a result of continuing threats and intimidation by the Rapid Action Battalion (RAB).

I have been informed that an Assistant Public Prosecutor (APP) of a Rajshahi Court appeared before the Chief Judicial Magistrate (CJM) Court on the behalf of the State on 21 October when the CJM Mr. Abu Saleh Sheikh Mohammad Zahirul Haque was taking a deposition of the complainant Mr. Abdul Jalil. As Mr. Jalil failed to mention of the exact date, year and time of the alleged extortion, which he claimed in his complaint, the APP Mr. Abu Raihan Al-Beruni Minhaz prompted to him by reading the case document. The CJM also recorded that information without any resistance despite objection raised by the defense lawyers, who appeared for Mr. Akash. During the proceedings the APP prompted information to Mr. Jalil again when the complainant failed to tell the court, which was also protested by the defense lawyers again. At this point the CJM asked the APP not to prompt information to the complainant.

The prompting of information to the complainant by the State's counsel is adverse to the concept of fair trial and justice. The incapacity of the CJM to resist the APP from prompting information to the complainant in the first occasion raises serious question about the impartiality of the Court itself.

I am informed that the Public Prosecutors and other public law officers do not appear before the Magistrate Courts in Bangladesh. Instead, the police run the prosecuting job in this branch of the judiciary in the country. Experienced lawyers and prosecutors opine that the prosecutors only appear before the Magistrates when the local Administration concentrates to any particular case for the government's exclusive interest on it. This attitude of the authority bears the threat of unfair trial against the victim of alleged fabricated charge, as Mr. Akash has been facing in this incident.

I therefore request you to ensure faire trial to Mr. Akash without any kind of manipulation of the judicial offices or institutions. The deposition recorded by the CJM with biasness must be removed from the court's proceedings for the sake of fair trial and justice. I seriously urge the authorities to prosecute the officers of the RAB, Rajshahi district administration, who were responsible for illegally arrest, arbitrarily detain and torturing Mr. Akash in the custody, and fabricating charges against him. I condemn the recruitment of Major Rashidul Hassan Rashid in the UN Peacekeeping Mission in Ivory Coast while I have question whether a perpetrator in his own country could bring about any peace anywhere else. 

I trust that you immediate take action on this serious matter.

Yours sincerely,
-----

PLEASE SEND YOUR LETTERS TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
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. Mr. A F Hassan Arif
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)

4. Major General (Rtd.) M. A. Matin
Adviser
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)

5. Mr. Salahuddin Ahmed
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. 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
 
7. Mr. Mokhlesur Rahman
Deputy Inspector General of Police (DIG) Rajshahi Range
Office of the DIG Rajshahi Range
Rajshahi
BANGLADESH
Tel: +880 721 772309 (O)
Fax: +880 721 775444 (O)
E-mail: digrajshahi@police.gov.bd
 
Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-063-2008
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.