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BANGLADESH: Arbitrary arrest and detention of ten thousand people by the police across the country

February 7, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

7 February 2006
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UA-053-2006: BANGLADESH: Arbitrary arrest and detention of ten thousand people by the police across the country

BANGLADESH: Arbitrary arrest; detention; intimidation; harassment corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that the police have arrested at least 10,000 common citizens in the space of only three days beginning on 2 February 2006. The arrested people, who are mostly low-income earners, were detained in different police stations and prisons across the nation. The people are now facing enormous problems due to the wholesale arbitrary arrest and detention.

In January 2006, the Alliance of the 14 opposition political parties of Bangladesh declared a long march programme to be started from different corners of the country followed by a grand rally in Dhaka on 5 February 2006. According to the instruction of the government, the police began arresting people en masse to create an atmosphere of fear for the supporters of the opposition political parties.

The AHRC has received information about this mass arrest in general, and the four following cases in particular.

Case one

Garment worker, Md. Khairul Islam was going to his factory at Arambag in the Motijheel commercial area on the evening of 3 February 2006 to work a night shift. When he came to the Kamlapur bridge, the Motijheel police arrested him and took him to the police station. The police then implicated Khairul in a theft case and produced him before a court.

The following morning, Khairul’s eighty-five-year-old blind father, Mr. Ratan Mian, learned the news. He went to the Metropolitan Magistrate Court in Dhaka to arrange bail for his son. The Court granted bail for Khairul. He then went to the gate of the Dhaka Central Jail to receive his son. However, the Jail authority did not release him for two days. The jail police claimed Taka three hundred more from Ratan, who had not a penny to spend, on condition of releasing his only earning son.

Case two

On 3 February 2006, at around 9pm, day labourer Md. Jalal Uddin went to a coaching centre to pay the tuition fees for his son. On his way back home the police of Ramna police station stopped him at Mogbazar crossing. The police arrested him without any specific reason and took him to the police station. He was detained in the Ramna police station for two consecutive nights despite the legal obligation of the police to produce each and every person before the court within 24 hours of arrest.

Jalal’s wife, Mrs. Lipi Begum, says that there was no case against her husband and that she does not know the reason for his arrest. When Mrs. Lipi went to the police station with her son and asked why her husband had been arrested and when would he be released, the police did not allow her to meet with her husband. She waited outside the building of the police station until 3am. She then had to pay Taka five hundred to an unknown man, introducing himself as a lawyer of Dhaka Bar, who assured her he would help her husband to get released. Mrs. Lipi, however, has not seen that man since. She does not know about the fate of her husband. If Jala is not released the whole family will remain unfed and will face enormous problems. His son, Robin, is doing badly with his father not present in the home. 

Case three

On 2 February 2006, Rafik Khan (25), a painter by profession, and his mother Mrs. Shefali Begum were sleeping in their hut at Kadamtali village under Ikuria police station in Dhaka district. Suddenly, during the night, a police vehicle came to their house. The policemen broke the door and entered into the room. They arrested Rafik without any specific charge against him.

Rafik’s mother requested the police not to arrest her son. However, the police only intimidated her and made an attempt to arrest her along with Rafik. Mrs. Shefali collects abandoned papers from the streets in the Dhaka city and sells those to paper mongers. Her son works as a painter. They live their lives in financial hardships despite their hard work. Her son was neither a criminal nor a politician. She does not understand the reason for his arrest. The police did not send Rafik to the Court by February 5 despite the legal bindings for law enforcers to produce people, who are under arrest, within 24 hours following their arrest. 

Case four

The police of Kamrangirchar police station arrested, Mr. Md. Mazibor Rahman, activist of the main opposition Bangladesh Awami League, from his Maydhya Rasulpur village under the same police station of Dhaka on 2 February 2006. Mazibor had no charge laid against him. The court twice rejected the bail petition submitted by his lawyers. The lawyers believe that the treatment of their client by the Court was unlawful and unacceptable according to the domestic laws of the country. 

Meanwhile, a High Court Division Bench of the Supreme Court of Bangladesh issued an injunction restraining the government from any further arrest without warrants under Section 86 of the Dhaka Metropolitan Police (DMP) Ordinance and Section 54 of the Criminal Procedure Code (Cr.PC) on 5 February 2006. The Court directed the respondents to submit a report in two weeks detailing the names and particulars of persons arrested under the two laws. The High Court Division bench asked the government to explain why the 'wholesale' arrests and detention of citizens under section 54 of the CrPC should not be declared illegal and why it should not be directed to refrain from 'unwarranted and abusive exercise of powers' under section 86 of the DMP Ordinance. It also issued a rule upon the government asking it to explain why section 86 of the DMP Ordinance should not be declared unlawful and contradictory to the constitution of the country, and why the government should not pay compensation to the victims.

SUGGESTED ACTION:
Please send a letter to the Inspector General of Police, Inspector General of Prisons and other persons listed below expressing your serious concern about the “wholesale arrest” of 10,000 people in the country and distress and harassment of them. The government agencies concerned must initiate appropriate measures to investigate the alleged illegal arrest and detention of the victims. Compensation must be afforded to the victims. 

Suggested Letter:

Dear Mr. _______________,

BANGLADESH: Arbitrary arrest and detention of ten thousand people by the police across the country

Name of victims:
1. Mohammad Khairul Islam, a garments worker. son of Mr. Ratan Mian (70), living in a house at Mugdapara under the Shabujbag police station in Dhaka City Corporation area
2. Md. Jalal Uddin, a day labourer, living in Noyatola area under Ramna police station in Dhaka City Corporation area
3. Rafik Khan (25), son of the late Mr. Aminul Khan, living in Kadamtali village under Ikuria police station in Dhaka district
4. Md. Mazibar Rahman, living in Mayadhya Rasulpur village under Kamrangirchar police station under Dhaka district
Plus at least 10,000 other citizens arrested across the country.
Name of the alleged perpetrators:  Bangladesh Police
Date of incident: 2 to 5 February 2006

I am writing to bring to your attention the arbitrary arrest and detention of at least 10,000 common citizens in Bangladesh by law enforcers. I have learned that the police arrested most of the people while they were commuting between their homes and working places.
 
According to the information I received, the Alliance of Fourteen opposition political parties declared a nationwide Long March programme heading towards Dhaka followed by a Grand Rally on 5 February 2006. The law enforcing agents of the country then arrested the persons under section 54 of the Criminal Procedure Code (Cr.PC) and section 86 of the Dhaka Metropolitan Police (DMP) Ordinance to contain the opposition rally.

Among the victims, garment worker Md. Khairul Islam was arrested by the Motijheel police on February 3, while he was on his way to work. He was detained in the police station and in the Dhaka Central Jail for three days. The jail authority did not release him until February 5 despite the court having granted bail to him on February 4. His eighty-five-year-old father is helpless without his son.

Another victim, day labourer Md. Jalal Uddin was arrested by the Ramna police at Mogbazar crossing on February 3 while he was returning home. The policemen arrested him without any specific charge. They took him to the Ramna police station where he was detained for two consecutive nights despite the legal obligation of the police to produce each and every person before the court within 24 hours following their arrest.

In another case, the Ikuria police of Dhaka arrested painter Rafik Khan from his house in Kadamtali village on February 2 despite laying no charge against him. The police did not produce him before the court until February 5.

I have also been informed that the Kamrangirchar police picked up opposition political party activist Md. Mazibor Rahman from his house in Maydhya Rasulpur village of the same police station on February 2 without any charge against him.

I am aware that the victims are mostly day lobourers, street hawkers, garments workers and other low-income earners. The treatment of the victims was entirely ruthless and illegal. I have also learned that the victims and their relatives were compelled to pay bribes to the policemen on condition of allowing them to meet their respective relatives. I am also aware that a Bench of the High Court Division of the Supreme Court of Bangladesh has directed the government to respond to the rule issued by the Court regarding the “wholesale arrest” and to compensate the victims for their sufferings.

In light of this, I urge you to commence an impartial and thorough investigation into the incident of mass arrest across the country without delay.  If it is found that the alleged perpetrators committed offenses against the victims, appropriate charges must be filed against them. The victims, meanwhile, must be compensated for the sufferings they have endured. 
 
I urge the Government of Bangladesh to stop the abuse of sections of the Cr.PC and the DMP Ordinance as well as to enact domestic legislation declaring torture a crime. I am aware that the Bangladeshi government has acceded to the provisions of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but has failed to enact laws in full conformity with the Convention.

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)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363

2. 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)

3. Mr. S M Mizanur Rahman
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746, 8316248, 8855922
Fax: +88-02-8322746

4. 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, 8359000
Fax: + 88-02-7160405, 7164788

5. 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, 8953012
Fax: +88-02-7171592

6. 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

7. Mr. Syed J. R. Mudassir Husain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-053-2006
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.