BANGLADESH: Human rights defender and father hiding due to army harassment in Khulna

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

1 February 2007
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UA-035-2007: BANGLADESH: One human rights defender and his father have gone into hiding due to harassment by the army in Khulna

BANGLADESH: Threat; intimidation; harassment; fabricated charge; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a human rights defender namely Mr. F M Abdur Razzak and his father, Mr. Nur Ali Fakir, were summoned twice by the Army in Paikgachha under Khulna district on 24 January 2007. The army asked them to meet the army officers following an allegation of extortion, which proved false during a verification conducted by the local government leaders. These two persons had been arbitrarily arrested, detained and tortured by the law-enforcement agents, including army personnel, in the past. The government authorities have not taken any action against the alleged torture perpetrators. Due to an ongoing state of emergency, on one hand, the armed forces have been deployed across the country; on the other hand, fundamental rights have been remained suspended. Under the circumstances that excessive power has been granted to the security forces, there is great possibility of second torture or even disappearance of the victims when they go to meet army officials. The family of the victims is living in serious fear and Both victims are now in hiding for their own security.

BACKGROUND STORY:

Mr. F M Abdur Razzak was working as the Paikgachha Correspondent of the Daily Runner, a regional newspaper published from Jessore. He was also the founding General Secretary of the Human Rights Development Centre (HRDC) based in Paikgachha under in Khulna district. Mr. Razzak had some land dispute with his cousins who falsely informed the army officers, in a letter, during the notorious Operation Clean Heart (OCH), that Razzak was a leader of a banned underground political party namely 'Sharbohara' (everything lost party).

Basing on the alleged intentional letter, the military raided Mr. Razzak's house in Godaipur village under the Paikgachha police station on 30 December 2002, at 00:30 am. Having had an idea about the cousins' probable conspiracy, Mr. Razzak was not staying at his house in the evenings. Due to this, the soldiers did not find Mr. Razzak. They then brought Mr. Razzak's father Mr. Nur Ali Fakir (71), his younger brother Mr. Bodiuzzaman alias Bodu (16) and wife Mrs. Rahima Razzak out from the house.

The commander of the soldiers deployed in Paikgachha, Major Mr. Sageer Ahmed, orders the soldiers tie Mr. Nur Ali Fakir and Mr. Bodiuzzaman's hands behind their backs with rope, which was done then and there. The soldiers then beat them brutally with riffle buts, boots and fists. The major Mr. Sageer took the responsibility to beat Mrs. Rahima. He stood on Mrs. Rahima's feet with his boots, which resulted in abrasions and bleeding from Mrs. Rahima's toes. Mr. Sageer beat Rahima with a stick all over her body and kicked on her left knee. After the beating, the major ordered the soldiers to pour cold water on Mrs. Rahima's body (in the winter the temperature is around 7 degrees in the Paikgachha area). Around 40 liters cold water was poured on Mrs. Rahima's body, from head to the toe, as if they were watering a flower garden. When Mrs. Rahima's whole body was socked with water the military forced her to stay in the open air for two and a half hours wearing the wet clothes. Besides this, the military ransacked the house before leaving at around 4:30 am.

Mr. Razzak's father Mr. Nur Ali Fakir was arrested after the brutality in the house. At first, Mr. Nur Ali Fakir was detained in the army camp, and later handed over to the Paikgachha police who produced him before the court under section 54 of the Code of Criminal Procedure. The Deputy Commissioner of Khulna, who is the ex-officio District Magistrate, detained Mr. Nur Ali Fakir in prison for 30 days under section 3 (2) of the Special Powers Act-1974. Many of Mr. Razzak's neighbours were also tortured by the army in the same night for not knowing the whereabouts of Mr. Razzak.

During the torture of Mr. Razzak's family members, Mr. Razzak's seven-years-old daughter, Irani, witnessed the scene of brutality on her mother, grand father and uncle. Since then she is suffering trauma and is terrified when seeing her mother shouting and crying. The parents were forced to send Irani to her aunt's house. Still, the girl is psychologically abnormal due to the serious shock and fear caused by scene of brutality she witnessed although four years have already passed since the incidence. Mr. Razzak's father Mr. Nur Ali Fakir and his younger brother Mr. Bodiuzzaman have been suffering from various physical problems due to the injuries they sustained during the brutal torture by the military in 2002.

In the year 2004, after the inception of the Rapid Action Battalion (RAB), a RAB team arrested Mr. Razzak from Paikgachha alleging his so-called involvement with the banned Sharbohara party following wrong information from a police officer against whom Mr. Razzak played a strong role regarding an attempt to rape and torture a woman. The police officer allegedly entered into the room of a woman in the early hours breaking the door; he then allegedly attempted to rape her and when he failed he brutally beat the woman, her sister and neighbour. Mr. Razzak conducted a fact-finding mission as a human rights defender, arranged medical treatment for the victim and assisted her to lodge an attempted rape charge with the concerned Magistrate Court. Because of Mr. Razzak's continuous support for the woman the alleged perpetrator and the local police planned to take revenge upon Mr. Razzak; they wrongly informed the RAB officials about him so that Mr. Razzak would be killed in a "crossfire" incident by the RAB. As soon as Mr. Razzak was arrested, his relatives informed the other human rights defenders in Dhaka. A group of human rights defenders became able to convince the senior officials of the RAB to verify the alleged complaints against Mr. Razzak before any kind of ill-treatment was taken on him and take legal action regarding any crime, if he had committed. Due to tremendous pressure from the human rights groups the RAB officials verified the allegations and handed over him to the Paikgachha police. On the following day, Mr. Razzak was bailed from the Magistrate Court when he was produced under an alleged fabricated charge.

RECENT INCIDENT:

On 24 January 2007, at around 11:00 am, a Chowkidar (messenger and security guard of village) of the local Union Council namely Mr. Rabindra Nath went to Mr. F M Abdur Razzak's house in Godaipur village under the Paikgachha police station. Chowkidar Rabindra told Mr. Razzak's wife Mrs. Rahima that Major Mr. Mizanur Rahman, commander of the army in Paikgachha upazilla (sub district), asked Mr. Razzak and his father Mr. Nur Ali Fakir to go to the Paikgachha Army Camp (temporarily established in the Lona Pani Kendra Motso Gobeshana (Saline Water Fisheries Research) Institute in the Paikgachha town at 10:00 am on the following morning (25 January 2007).  At around 5:00 pm, the same Chowkidar came to Mr. Razzak's house to deliver the same message, and warned Mr. Razzak's wife that the failure to meet the Army Camp Commander would bring about danger to Mr. Razzak's family. 

Since the first summon Mr. Razzak requested his friends over telephone to check the reason of asking him to meet the Major. In reply, his friends informed him that one of his neighbours, namely Mr. Mohor Ali Sana, made a complaint to the Army camp that Mr. Razzak forcibly took Taka 35,000 (USD 523) from that person, which should be refunded now with the assistance of the military personnel. It has been learned that one Mr. Mohor Ali Sana (55) had some dispute with his neighbour Mr. Shaheb Ali Mollik over lands and financial reciprocations. They lodged several charges against each other with the local police station and court. In one stage, the both parties had arbitration in presence of their respective lawyers where they came to an agreement to solve the problems; Mr. Mohor was found guilty in the arbitration and paid Taka 35,000 to his counterpart Mr. Shaheb. All these dealings were recorded in black and white by lawyers of both parties and witnesses to the arbitration. Mr. Razzak was among the witnesses of the said arbitration. Recently, when a state of emergency was proclaimed by the President in the country Mr. Mohor lodged a complaint with the army camp that Mr. Razzak forced him (Mohor) to pay Taka 35,000 as a toll. The army without verifying the allegation summoned Mr. Razzak and his father to meet the commander of the camp, Major Mizan.

Meanwhile, Mr. Razzak's friends informed some senior officials of the army about the attempts of the Paikgachha army. On January 25, two senior army officers asked Major Mizan to verify the allegation against Mr. Razzak and then take lawful actions following the verifications. 
 
Mr. Razzak has been in hiding since the proclamation of the state of emergency in the country assuming the trend of conspiracy by his family rivals. Now, his father Mr. Nur Ali Fakir is hiding fearing further military brutality on him as he sustained in 2002.

On January 29, Paikgachha Army Camp Commander Major Mizan discussed the allegation of receiving money by Mr. Razzak from Mr. Mohor Ali Sana in presence of the concerned persons and ordered two members of the Godaipur Union Council namely Mr. Kazi Abul Bashar and Mr. Mir Anwar Elahi to solve the issue through arbitration. The allegation against Mr. Razzak proved false when they sat together on January 31. According to the decision Mr. Mohor Ali Sana paid Taka 1,000 (USD 15) penalty to his neighbour Mr. Shaheb Ali Mollik for unnecessary harassment. The army officers have already been informed by the union council members.

ADDITIONAL COMMENTS: 

The Government of Bangladesh wrongly depends upon the army to maintain law and order during different periods. The Army is quite detached from public functions unlike the police. Instead of correcting and reforming the policing system of the country the government deploys the army to handle crime. In reply, the military brings about human rights disasters in the country through arbitrary arrests, torture, detention and causing severe fear psychosis among the people. During each of the operations by the armed forces hundreds of innocent people become physically and psychologically handicapped and financially crippled to mitigate the blows. The people become exploited by the deployment of the armed forces. On the other hand, the alleged perpetrators enjoy blanket impunity from the government. For instance, during the "Operation Clean Heart" (OCH) in 2002 and 2003 more than 50 persons were killed, and more than 11,000 were arbitrarily arrested, detained for different periods during 86 days crackdown among which only around 800 persons had cases against them. The then government awarded blanket impunity to the forces legislating the "Joint Drive Indemnity Act-2003" despite the disastrous consequences during the OCH.

Besides this, the law-enforcers traditionally enjoy impunity from the government despite grave human rights violations in almost everyday. Such culture of impunity inspires the law-enforcers and the security forces of the country to violate human rights through brutal torture and extra-judicial killings. On one hand, there is serious fear among the concerned professionals regarding the human rights situation; on the other hand, the victims have no place to get redress or reparation.
 
The Asian Legal Resource Centre (ALRC), a sister organization of the Asian Human Rights Commission (AHRC) documented the gravity of the human rights situation of Bangladesh, which was published in its bimonthly publication, article 2 (Vol. 5, No. 4, August 2006). For further information, please see: Lawless law enforcement and the parody of judiciary in Bangladesh). See also the 2006 AHRC Human Rights Report chapter on Bangladesh.

SUGGESTED ACTION:
Please send a letter immediately to the relevant Bangladesh government authorities listed below urging them to stop harassment of Mr. Razzak and his father Mr. Nur Ali Fakir and to launch prompt action to investigate the conduct of the Army in the alleged summon on these two persons. Please also send your letters to the relevant UN agencies listed below.

Sample Letter:

Dear __________,

BANGLADESH: One human rights defender and his father have gone into hiding due to harassment by the army in Khulna

Name of the victims:
1. Mr. F M Abdur Razzak, aged 42, Editor of the Gonomichhil (a fortnightly newspaper) and General Secretary of Human Rights Development Centre (HRDC) of Paikgachha, son of Mr. Nur Ali Fakir, living in Godaipur village under the Paikgachha police station in the Khulna district, Bangladesh
2. Mr. Nur Ali Fakir, aged 75, living in Godaipur village under the Paikgachha police station in the Khulna district, Bangladesh
Alleged perpetrators:
1. Major Mr. Mizanur Rahman, Commander of the Army Team deployed in Paikgachha
2. The personnel of the Bangladesh Army deployed in the Paikgachha police station in Khulna district
Date of incident: 24 January 2007
Place of incidence: Paikgachha in Khulna district, Bangladesh

I am writing to express my deep concern about the alleged harassment of a human rights defender along with his father by the army personnel under the Paikgachha police station in Khulna. Mr. F M Abdur Razzak was working as the Paikgachha Correspondent of the Daily Runner, a regional newspaper published from Jessore. He was also the founding General Secretary of the Human Rights Development Centre (HRDC) based in Paikgachha under in Khulna district.

According to the information I have received, on 24 January 2007, at around 11:00 am and at about 5:00 pm, a Chowkidar (messenger and security guard of village) of the local Union Council namely Mr. Rabindra Nath went Mr. F M Abdur Razzak's house in Godaipur village under the Paikgachha police station and informed Mr. Razzak's wife that Major Mr. Mizanur Rahman, commander of the army in Paikgachha upazilla (sub district), asked her husband and her father-in-law Mr. Nur Ali Fakir to go to the Paikgachha Army Camp (temporarily established in the Lona Pani Kendra Motso Gobeshana (Saline Water Fisheries Research) Institute in the Paikgachha town by 10:00 am on 25 January 2007.  The Chowkidar warned Mr. Razzak's wife that the failure to meet the Army Camp Commander will bring about danger to Mr. Razzak's family.

I was informed that following Mr. Razzak's friends' initiatives, some senior officials of the army intervened into the matter asking Major Mizan to verify the allegation before further harassment and to take lawful action following the result of verification.

I have learned that following an alleged complaint of receiving Taka 35,000 (USD 523) from one Mr. Mohor Ali Sana, the Army summoned Mr. Razzak and his father. The allegation has already proven false in an arbitration held by two members of the Godaipur union council of which the local army officer has been informed. This instance proves that the army officers are harassing many innocent persons without verifying the so-called allegations lodged by believably rivals of the victims of such incidents like Mr. Razzak and his father.

I have been informed that Razzak was hiding since the proclamation of the state of emergency in the country assuming the trend of conspiracy by his family rivals. Now, his father Mr. Nur Ali Fakir is hiding fearing further military brutality on him as he sustained in 2002.

I am aware that the government authorities have not taken any action against the responsible army officers regarding this matter. The families of the victims are living in extreme fear of further harassment by the army and other law-enforcing agencies.

I am also aware that another recent crackdown by the armed forces in the name of "Operation Clean Heart" caused more than 50 deaths in the custodies of the military forces during 16 October 2002 to 9 January 2003. I am seriously concerned that same type or worse type of human rights violations may occur in the country due to this crackdown by the armed forces.

In light of the above, I request you to order a fair and thorough investigation into the conduct of the army regarding the alleged harassment and intimidation of Mr. Razzak and his father. If it is found that the alleged perpetrators committed crimes against the victim, then they must be made accountable for their actions under the domestic laws of Bangladesh. I also urge you to take action to ensure the security of the victim and his family members from harassment from the army or other law enforcement personnel during the investigation process. They must be adequately compensated.

I also urge you to ensure that harassment of innocent persons by security forces is immediately stopped without any verification of the so-called complaints. Lastly, I strongly urge you together with other government officials in Bangladesh to take genuine action to reform the current law enforcement system by introducing better training programmes, enforcing strict discipline and punishment for any misconduct and crimes against the ordinary citizens of Bangladesh. The state of emergency should be withdrawn without delay.

I look forward to your urgent intervention in this matter.
 
Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Prof. Iajuddin Ahmed
President & Chief Adviser
Government of the People's Republic of Bangladesh
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041, 7161501/A, 8311202/ 7161503/A
Fax: +880 2 9566242 or 9566593

2. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)

3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

4. Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568

5. Lt. General Moeen U Ahmed
Chief of Army Staff
Bangladesh Army
Army Headquarters
Dhaka Cantonment
Dhaka
BANGLADESH
Tel: +880 2 9870011
Fax: +880 2 8754455

6. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677
Fax: +880 2 9563362 or 9563363

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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