Home / News / Urgent Appeals / BANGLADESH: Under trial prisoner tortured and killed in Bogra district jail
 

BANGLADESH: Under trial prisoner tortured and killed in Bogra district jail

February 7, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

7 February 2006
-----------------------------------
UA-049-2006: BANGLADESH: Under trial prisoner tortured and killed in Bogra district jail

BANGLADESH: Torture; extra-judicial killing; corruption; violation of order of court
------------------------------------------------------
Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a man was detained then tortured and subsequently killed by the prison staff and the inmates of Bogra District Jail. The incident took place on 27 June 2005. The deceased person was deprived of medical treatment for his sickness and injuries he sustained due to the torture. Justice was denied to this death case due to the negligence the Officer-in-Charge (OC) of the Kotwali police in Bogra district. The victim’s mother is seeking justice and has lodged a Revision Petition challenging the previous actions of the police as well as the court. 

In the year 2004, Mr. Ibrahim Ali of Barrpur tried to marry his daughter off to Mr. Abdur Razzak, who was a goldsmith by profession. Razzak’s family, however, refused the proposal. Ibrahim’s family then lodged a case against Razzak with the Kotwali police station under the Women and Child Repression Prevention Act on 11 September 2004. Following the case, the Kotwali police arrested Razzak and on the following day he was sent to the Bogra District Jail by the order of the Court.

During the detention Razzak’s mother, Mrs. Rokeya Begum, went to the jail to see her son. On arrival she discovered that her son had fallen ill and therefore, she requested the jail authority to arrange medical treatment for him. The Assistant Surgeon, Dr. Faruk Sultan, and the Pharmacist of the Bogra District Jail Hospital, Mr. Kazi Ataur Rahman, claimed Taka three thousand from Mrs. Rokeya for Razzak’s treatment. Despite not having the money herself to pay the bribe, Mrs. Rokeya arranged the money and paid Taka one thousand to the doctor and pharmacist for her son’s treatment. The jail officials then asked her to buy the prescribed medicines for Razzak. She bought medicines costing Taka two thousand and five hundred, which was sent to the jail via the authorities. After a few days she learned that the medicine was not given to her son. She then asked that the pharmacist be charged for corruption. Following this the jail officials assigned a number of inmates from the prison to beat Razzak. The inmates tortured him mercilessly causing considerable injuries. On 26 June 2005, at which point the physical condition of Razzak had deteriorated, the prison authority sent him to the Mohammad Ali Medical College Hospital. The following day, at around 2am, however, Razzak died due to inadequate and untimely medical treatment.

Mrs. Rokeya filed a case against the alleged perpetrators with the Magistrate Court “KA” area of Bogra district on 16 August 2005. The Court ordered the Officer-in-Charge (OC) of the Kotwali police station to record the allegation as a complaint. The OC, Mr. Mansur Ali Mondol, submitted a distorted report to the Court instead of recording the allegation as a complaint. On 15 September 2005, the Court discharged the case without informing its plaintiff, Mrs. Rokeya. After being informed of this development Mrs. Rokeya lodged a revised case against the six alleged perpetrators with the court on 30 January 2006.

SUGGESTED ACTION:
Please send letters immediately to the Inspector General of Prisons, the Inspector General of Police and the other persons listed below expressing your concern about the torture and killing of Razzak. Please also note the OC’s actions, including the violation of the order of the court regarding the death. An inquiry should also be conducted into the actions of the clinicians and officials of the jail as well as the police to ensure that justice is attained for the family of the victim.

Suggested Letter:

Dear _______________

BANGLADESH: Under trial prisoner tortured and killed in Bogra district jail

Name of the victim: Abdur Razzak (35), a goldsmith, son of Mr. Abdul Jabbar, living in Barpur Maydhapara village under Sadar upazilla in Bogra district
Name of the alleged perpetrators:
1. Mr. Mansur Ali Mandol, Inspector of Police and Officer-in-Charge (OC), Kotwali police station, Bogra district
2. Mr. A. K. M. Zahir Uddin, Jail Superintendent, Bogra District Jail
3. Mr. Dr. Faruk Sultan, Assistant Surgeon, Bogra District Jail Hospital
4. Mr. Mokhlesur Rahman, Jailor, Bogra District Jail
5. Mr. Shamsul Haque, Chief Security Guard of Jail, Bogra District Jail
6. Mr. Kazi Ataur Rahman, Pharmacist, Bogra District Jail 
Date of incident: 27 June 2005
Place of incident: Bogra District Jail

I am writing to bring to your attention the detention and alleged torture and extra-judicial killing of a man at the Bogra District Jail in Bangladesh.

According to the information I have received, the victim, Abdur Razzak, was detained in the Bogra District Jail after his family had a dispute with another regarding a proposed marriage. When the mother of the victim, Mrs. Rokeya Begum, went to see her son in jail she saw that he was sick and she requested the jail officials to arrange proper medical treatment for him. The Assistant Surgeon and Pharmacist of the jail, however, claimed a bribe from her for the treatment of her son. They also requested a large sum of money for the medicines her son required. Despite paying the bribe and the cost of the medicines, her son received neither treatment nor the medicine. When Mrs. Rokeya came to know of this she requested that the clinicians be charged, who upon hearing this assigned inmates from the prison to beat Razzak. As a result, Razzak sustained considerable injuries. When his condition deteriorated Razzak was admitted to the Mohammad Ali Medical College Hospital where he died the following day, owing to his treatment coming too late.

I have been informed that Mrs. Begum has lodged a case with the Magistrate Court of “KA” area of Bogra district against the alleged perpetrators. The Court ordered the Officer-in-Charge (OC) of the Kotwali police station, Mr. Manusr Ali Mondol, to record the allegation as a complaint. However, neglecting the order of the Court the OC submitted a report in favour of the alleged perpetrators. The Court then discharged the case without informing Mrs. Rokeya. She has now lodged another revised petition with the court challenging the previous action and the alleged killing of her son.

In light of this, I request that you order a prompt and thorough investigation into the alleged conduct of the prison staff and the police.  If it is found that the alleged perpetrators committed crimes against the victim, then they must be made accountable for their actions and if found guilty of torture and deprivation of medical treatment, indicted under the prevailing domestic laws of Bangladesh. 

If the charges against the OC misleading the prosecution are found true, he must be charged for his crimes. All the alleged perpetrators must compensate the family of the deceased for the loss they have suffered.  During the investigation of the police, protection must be afforded to the family of the victim. 
 
Such action by the prison staff and the police is common practice in many of Bangladesh’s jails and police stations. It reflects the lack of commitment and dutifulness many prison staff and police have. Therefore, I urge you and other government officials in Bangladesh to consider reforming your current law enforcement system by introducing better training programmes for prison staff and police officers and to make them more accountable for the abuses they committ against the citizens of Bangladesh.

I look forward to your urgent intervention in this matter.

Yours sincerely,
---------------
PLEASE SEND LETTER TO:

1. Mr. Brigadier General Md. Jillur Rahman
Inspector General of Prisons (IG Prisons)
Office of the Inspector General of Prisons
Nazimuddin Road, Dhaka
Tel: +88 02 7300444 (O), +88 02 7300488 (R)
Fax: +88 02 7300333 (O)

2. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
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

3. Mr. Md. Lutfozzaman Babor MP
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. S M Monirul Islam
Deputy Secretary (Prisons & Fire)
Ministry of Home Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169425 (O) or 8650401 (R)
Fax: +88-02-

8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Sarir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel:+41 22 917 9230
Fax:+41 22 9179016 (general)
E-mail: ssyed@ohchr.org

9. 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-049-2006
Countries :
Campaigns :
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.