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BANGLADESH: Three people, including a schoolboy, killed and sixteen injured by police fire in Kustia district

January 5, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

5 January 2006
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UA-008-2006: BANGLADESH: Three people, including a schoolboy, killed and sixteen injured by police fire in Kustia district

BANGLADESH: Extra-judicial killing; Threat; Harassment; Deprivation of medical treatment
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that three persons were killed by police fire in the Kustia district. The policemen were working under a Mobile Court led by a class one magistrate who was conducting an operation to seize ‘illegal’ sugar cane crushers from farmers. The firing by the police also left at least sixteen villagers injured who are now struggling to survive in hospitals without appropriate medical treatment. The families of the deceased persons have neither received compensation nor been assured that any will be forthcoming.

Meanwhile, the police are harassing citizens, including the sugar cane farmers following two cases having been filed with the Daulatpur police station. They are seeking men to arrest arbitrarily in connection with the clash with the police. The men have been therefore, forced to hide in order to escape arrest and harassment. The police are intimidating the women and children in their search for the males of each house.

The AHRC is calling upon you to write letters to the relevant authorities in Bangladesh, in particular the Inspector General of Police, the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Home Affairs, urging them to take immediate disciplinary and legal action against the Magistrate and the errant policemen of Kustia district. The necessary reparations for the family of the victims must be met.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims (killed):
1. Ratan (15), a student of class X, son of Mr. Bhogol Mondol, living in Bhurakapara village, Daulatpur police station under Kustia district
2. Azam (32), a farmer, son of Dabir Farazi, living in Bhurakapara village, Daulatpur police station under Kustia district
3. Mizanur Rahman (25), a farmer, son of Abtoar Ali Mondol, living in Gaserdiar village, Daulatpur police station under Kustia district
Name of the victims (injured):
1. Mizan Boyati (25)
2. Gias (18)
3. Kabil (35)
4. Kashem (38)
5. Amirul (22)
6. Abdul Kuddus (22)
7. Jesmin Akter (11), a schoolgirl, daughter of Jindar Ali, living in Gaserdiar village, Daulatpur police station under Kustia distirict 
Name of the alleged perpetrators: Magistrate Mr. Abdul Aziz Mian and three platoon of policemen from Kustia district
Date of incident: 28 December 2005
Place of incident: Dakkhin Bhurukapara village, Daulatpur police station under Kustia district

Case details:

On 28 December 2005, at around 1.00pm a ‘Mobile Court’ led by a class one magistrate, Mr. Abdul Aziz Mian went to the Bhurukapara village under the Daulatpur police station in Kustia district to seize illegal sugar-cane crushing machines. The farmers and the villagers, however, would not allow the Mobile Court to seize the sugar-cane crushing machines for retaining their profit. When the court seized two machines, ignoring repeated requests from the farmers not to do so, they attacked the Mobile Court team, including the Magistrate and policemen, in an attempt to stop the seizure. Magistrate Mr. Abdul Aziz Mian, Sub Inspector of Police Mr. Nurul Islam and seven constables were injured when the villagers and farmers threw stones and brick bats at them. The magistrate then ordered the police to open fire on the agitated farmers. Three people, including a schoolboy, and at least 10 villagers were confirmed injured. Among the wounded were Jesmin Akter (11), Mizan Boyati (25), Gias (18), Kabil (35), Kashem (38), Amirul (22) and Abdul Kuddus (22) who were hospitalised and continue to receive treatment for their injuries. It has also been reported that ten other people, whose names are not yet confirmed, received bullet injuries. 

Two cases have been filed so far regarding the incident. The Manager (Sugar-cane Collection) of the Kustia Sugar Mills, Mr. Habibur Rahman lodged a case with the Daulatpur police station against three hundred people from the two villages of Bhurukapara and Gaserdiar and identified thirteen persons in the First Information Report (FIR). A Chowkidar (member of Village Defense Party-VDP), Mr. Babar Ali also lodged a case against two hundred villagers with the same police station. In the two cases the villagers have been accused of killing people and rendering government staff to perform their official duties.

The victims and the villagers are now living in fear as a result of the two cases filed by the sugar mill official and the security guard who were directly guided by the police and other government officials. The men of the two villages have already left their homes to escape arbitrary arrest. The women and children are being repeatedly threatened and harassed to reveal the whereabouts of the men. It has been reported that three platoon of police have been deployed in the area to patrol the two villages. A one-member probe committee has been created by the government headed by the Additional District Magistrate (ADM) of Kustia district, Mr. Sheikh Mizanur Rahman to investigate the incident and submit a report as early as possible.

Meanwhile, the wounded victims are struggling to obtain medical treatment due to financial hardship. The Deputy Commissioner of Kustia district asked the sugar mill’s authority to arrange treatment only for one victim, schoolgirl Jesmin Akter (11) who was admitted to the Kustia General Hospital after receiving serious bullet wounds. The rest of the victims have remained unattended to in hospital despite requiring urgent medical treatment. The families of the deceased persons have not yet received any compensation from the government authority.

The sugar-cane farmers have expressed concern for the frequent seizure operations the sugar mill’s authority has conducted. Describing in detail they allege that farmers have been forced to use homemade crushers due to low prices, mismanagement and corruption by the mill officials. The sugar mill’s authority pays irregularly, which causes manifold problems in the livelihood of the poor farmers who are forced to live in miserable conditions. The farmers use homemade power crushers, which are declared ‘illegal’ by the government. 

The sugar mill’s authority has said that farmers living inside the zone of the mill are ordered by the government to sell their sugar canes to the mill authority for the sake of survival of the government owned industry. The loss of profits in the last couple of years has inspired the government owned mills to start seizing ‘illegal’ power crushers. 

SUGGESTED ACTION:

Please send a letter immediately to the Inspector General of Police and the other persons listed below expressing your concern about the extra judicial killing of three persons urging them to take prompt action to investigating the conduct of the magistrate and the police and to ensure that justice is attained for the families of the victims.

Sample Letter:

Dear _______________ 

BANGLADESH: Three people, including a schoolboy, killed and sixteen injured by police fire in Kustia district

Name of the victims (killed):
1. Ratan (15), a student of class X, son of Mr. Bhogol Mondol, living in Bhurakapara village, Daulatpur police station under Kustia district
2. Azam (32), a farmer, son of Dabir Farazi, living in Bhurakapara village, Daulatpur police station under Kustia district
3. Mizanur Rahman (25), a farmer, son of Abtoar Ali Mondol, living in Gaserdiar village, Daulatpur police station under Kustia district
Name of the victims (injured):
1. Mizan Boyati (25)
2. Gias (18)
3. Kabil (35)
4. Kashem (38)
5. Amirul (22)
6. Abdul Kuddus (22)
7. Jesmin Akter (11), a schoolgirl, daughter of Jindar Ali, living in Gaserdiar village, Daulatpur police station under Kustia distirict, Bangladesh 
Name of the alleged perpetrators: Magistrate Mr. Abdul Aziz Mian and three platoon of policemen of Kustia district
Date of incident: 28 December 2005
Place of incident: Dakkhin Bhurukapara village, Daulatpur police station under Kustia district

I am writing to bring to your attention the alleged extra-judicial killing of three persons, including a schoolboy, by the police of Kustia district in Bangladesh.

According to the information I have received, a class one magistrate accompanied by three platoon of police went to Bhurukapara village under Daulatpur police station in Kustia district to seize ‘illegal’ power sugar cane crushers from farmers. When the farmers and villagers became agitated by the seizure of the property, the magistrate ordered the police to open fire upon them resulting in the death of three persons and injuries to at least sixteen others.

Since the incident, the police have intimidated the families of the deceased and wounded persons who are living in vulnerable situations. The villagers are frightened that they will be arbitrarily arrested by the police.

In light of this, I request that you ensure a fair and thorough investigation into the alleged conduct of the magistrate and the police.  If it is found that the alleged perpetrators committed crimes against the victims, then they must be made accountable for their actions and if found guilty of extra judicial killings, indicted under the prevailing domestic laws of Bangladesh. 

The Kustia district administration and the sugar authority must also compensate the families of the deceased persons for the loss they have suffered, and arrange all necessary medical treatment for the wounded victims.  During the investigation of the police as well as the Executive Inquiry Committee, protection must be afforded to the families of the victims. 
 
Such action by the police is common practice in many parts of Bangladesh. This reflects the lack of training many government and police officers have in terms of commanding and investigation skills, and the excessive powers they wield and abuse. 

Therefore, I urge government officials in Bangladesh to consider reforming their current law enforcement system by introducing better training programmes for the police and other government officers, including the magistrates and to make them more accountable for the abuses they have committed against ordinary citizens of Bangladesh.

I look forward to your urgent intervention in this matter.

Yours sincerely,
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PLEASE SEND LETTER TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677 (O), +88-02-8362552 or 8362553 (R)
Fax: +88-02-9563362 or 9563363

2. Mr. Barrister Maudud Ahmed MP
Minister
The Ministry of Law, Justice and Parliamentary Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O)

3. Mr. Md. Lutfozzaman Babor
State Minister
The Ministry of Home Affairs
Government of the Peoples’ Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O) or 8359000 (R)
Fax: +88-02-7160405, +88-02-7164788

4. Mr. Anwarul Karim
Joint Secretary (Police)
Ministry of Home Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7164680 (O) or 8953012 (R)
Fax: +88-02-7171592

5. Mr. A J Mohammad Ali
The Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

6. Mr. Sayed J. R. Modassir Hossain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-008-2006
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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.