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BANGLADESH: Villagers beaten and thirty-five persons arbitrarily arrested and detained by the police in Meherpur district

March 29, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

30 March 2006
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UA-110-2006: BANGLADESH: Villagers beaten and thirty-five persons arbitrarily arrested and detained by the police in Meherpur district

BANGLADESH: Arbitrary arrest; torture; detention; intimidation; harassment; deprivation of medical treatment; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by the Task Force against Torture (TFT) of Meherpur that following a misunderstanding between the villagers of Bhorat village and a group of unarmed, plain clothed police, which resulted in the latter being chased out of the area, the police returned to assault, torture, arbitrarily arrest and illegally detain those they deemed responsible for the earlier incident. Thirty-five persons were arbitrarily arrested and detained for 15 days by the Gangni police, while a total of 67 people have been implicated in the case. Two persons were seriously injured while a further 37 sustained injuries, many of whom are yet to receive adequate medical treatment.  

In the early morning of 21 January 2006, the Gangni police, wearing civilian clothing and possessing arms, raided Bhorat village to arrest two wanted criminals, who are residents of the village. The villagers, having seen the plain clothed armed men, thought that they were rebbers and therefore attempted to capture them. In the process bricks were thrown by the villagers at the alleged 'robbers' who were in fact policemen. Recognising the seriousness of the situation, the policemen fled. Seven of them, including the Officer-in-Charge (OC) of the Gangni police station, Mr. Abdul Malek, were slightly injured.

Later in the day, the police along with ten members of the Rapid Action Battalion (RAB) conducted a ‘block raid’ in the village to arrest the two wanted criminals who were absconding. The police then beat the villagers, including women, children and the elderly. The police ransacked about twenty houses. As panic spread around the village people started moving to and fro in fear of arrest and further brutality by the police. Around 100 villagers, including women and children, were injured at this time and the police arrested 35 people. The police also lodged a case (number: 6) against approximately 100 unknown villagers with the Gangni police station under sections 332/333/353 of the Penal Code. The arrested 35 villagers were then detained in the Meherpur jail by order of the Magistrate Court. In the end, a total of sixty-seven people were implicated in the case. All managed to obtain bail from the court within the following two weeks. Sub Inspector, Mr. Mobarak Ali Hawladar was assigned as the Investigating Officer (IO) to the case.

The Superintendent of Police (SP) of Meherpur district, Mr. A K M Awlad Hossain defended the actions of the police saying, “Beating and mass arrest are integral part of police raids. We have sticks, arms and ammunitions for proper utilisation, not to look at them and keep silent. Let these raids go on.”

Two chairmen of the local Union Council said, “The police and RAB were avenging upon the common people of the village for beating them indiscriminately for their (the police’s) own failure in arresting the criminals during previous attempts. When we lodge case against the criminals they do not come to rescue us. Now they are coming to harass us in the name of arresting criminals.”  The victims and the villagers are now living in fear of further harassment as the police investigation is going on regarding the fabricated charge lodged against 67 villagers.

Among the victims, Md. Rafikul (36) received fractures in both of his hands. Another victim, Mr. Mohammad Rezaul's (45) right hand was broken. Both are receiving treatment at the Bangladesh Rehabilitation Centre for Trauma victims (BRCT). Thirty-seven villagers sustained serious injuries in the incident. Some of them have received only partial medical treatment while around 20 victims have been deprived of medical treatment all together. Many are also continuing to suffer from the affect of the attacks on them

SUGGESTED ACTION:
Please send a letter immediately to the Inspector General of Police, the Director General of the Rapid Action Battalion (RAB) and the other persons listed below expressing your concern about the arbitrary arrest and detention of thirty-five persons and the beating of villagers urging them to take prompt action to investigate the conduct of the police and the RAB personnel and to ensure that justice is attained for the victims. Please ask them to withdraw the fabricated charge against the villagers. Please also urge them to arrange appropriate medical treatment for the victims and highlight that necessary compensation must be afforded to them.

Suggested letter:

Dear _______________

BANGLADESH: Villagers beaten and thirty-five persons arbitrarily arrested and detained by the police in Meherpur district

Name of victims (arrested, tortured, detained and charged in fabricated case):
1. Mohammad Azmat Ali (40), son of Mr. Nurshahad
2. M Jamal (32), son of the late Ismail
3. M. Idris Ali (35), son of Jan Ali
4. M. Moynal Hossain (32), son of Nabee Darzi
5. M. Ifazul (38), son of Nabee Box
6. M. Rafiqul (36), son of Mr. Delsad
7. M. Sakendar (45), son of Mr. Abul Hossain
8. Mohammad Pizir Ali (40), son of Mr. Khedu Ali
9. M. Aktarul (37), Abdus Samad
10. M. Minarul (41), son of Mr. Abdul Jalil
11. M. Akkas Ali (36), son of Mr. Oyaz Ali
12. M. Khalil (40), son of Mr. Abdul Jalil
13. M. Azgar (35), son of Mr. Harun
14. M. Uzzal (30), son of Mr. Ramzan
15. M. Rezaul (45), son of Mr. Kader
16. M. Mejel (36), son of Mr. Kader
17. M. Ripon (35), son of Mr. Hasmat
18. M. Moksedur (27), son of Mr. Abdul
19. M. Tujamuddin (50), son of the late Mr. Murad
20. M. Siraj (55), son of the late Mr. Easin
21. M. Abedul (48), son of Mr. Azimuddin
22. M. Sahrab (28), son of Mr. Rabakul
23. M. Monirul (30), son of Mr. Panjab
24. M. Tanjumal (35), son of Mr. Samad
25. M. Monirul ( 20), son of Mr. Nayan Ali
26. M. Liakat (47), son of Mr. Afil Uddin
27. M. Hafizul (25), son of Bbdul Bari
28. M. Enamul (50), son of Mr. Abdul Razzak
29. M. Khaleq (22), son of Mr. Azer Ali
30. M. Azmail (22), son of Mr. Ishaq
31. M. Palash (22), son of Mr. Tahaj Uddin
32. M. Montu (27), son of Mr. Moazzem
33. M. Milon (18), son of Mr. Moyen Mollah
34. M. Alamgeer (22), son of Mr. Parash Khan
35. M. Anisur (35), son of Mr. Yunus Ali
All are living in Bhorat village under Gangni police station in Meherpur district
Name of victims (tortured and charged in fabricated case):
1. M. Mangal (39), son of Mr. Sahadat
2. M. Bisharat (35), son of Mr. Sahadat
3. M. Nizam (55), son of Mr. Sahadat
4. M. Saber (51), son of the late Mr. Mojir Uddin
5. M. Kashem (57), son of the late Mr. Munsar
6. M. Kashem (58), son of Mr. Akter Ali
7. M. Shafiqul (42), son of Mr. Nur Box
8. M. Haidar (41), son of Mr. Nur Box
9. M. Nasir (30), son of Rabkul
10. M. Sekendar (55), son of Rabkul
11. M. Gani (51), son of the late Mr. Akbar
12. M. Shahidul (50), son of the late Mr. Akbar
13. M. Monirul, (42), son of the late Nur Box
14. M. Shamsur (42), son of Mr. Kashem
15. M. Shaher Ali (38)
16. M. Mohan Ali (32), son of Mr. Abdus Samad
17. M. Riyas (38), son of Mr. Niyat Ali
18. M. Muntaj (52), son of Mr. Samsuddin
19. M. Touhidul (20), son of Mr. Kazimuddin
20. M. Hafizur (40), son of Mr. Muntaz
21. M. Harun (55), son of Mr. Tufazzel
22. M. Azahar (56), son of Mr. Tufazzel
23. M. Amirul (30), son of Mr. Harun
24. M. Rahabul (27), son of Mr. Alihim
25. M. Khaabir (28), son of Mr. Azahar
26. M. Saber Ali (55), son of Mr. Kazim Ali
27. M. Nazmul (38), son of Mr. Saber Ali
28. M. Saiful (32), son of Mr. Saber Ali
29. M. A Majid (20), son of Mr. Attaheem
30. M. Yarul (29), son of Mr. Tahaz
31. Mohammad Golam (55)
32. M. Aamul (40), son of Mr. A Razzak
All are living in Bhorat village under Gangni police station in Meherpur district
Name of alleged perpetrators:
1. Mr. Monwar Hossain, Assistant Superintendent of Police (ASP), Meherpur District Police Office
2. Mr. Abdul Malek, Officer-in-Charge (OC), Gangni police station, Meherpur
3. Policemen attached to Gangni police station and in Meherpur district
Date of incident: 23 January 2006
Place of incident: Bhorat village, Gangni police station under Meherpur district

I am writing to bring to your attention the alleged arbitrary arrest and detention of thirty-five persons and torture of villagers, including children, women, and the elderly, by the police and the Rapid Acton Battalion (RAB) of Gangni police station under the Meherpur district.

According to the information I have received, a group of police, wearing civil dress, went to Bhorat village under Gangni police station to arrest two wanted criminals on 21 January 2006. When the villagers realised the presence of unknown armed strangers in the village, they began shouting at them and threw pieces of brick, completely oblivious to the fact that the strangers were in fact law officers. Later in the day, the Gangni police, along with ten RAB personnel, raided the village and beat the inhabitants. I have been informed that the police arbitrarily arrested thirty-five people during this incident and detained all of them for 15 days in the Meherpur jail.

Since the incident, the police have intimidated the families of the arrested persons. The Gangni police lodged a case against 67 villagers. The villagers are frightened that they will be harassed further during the ongoing investigation by the police. I have learned that around 20 victims were deprived of appropriate medical treatment for the injuries they have received.

In light of this, I request that you ensure a fair and thorough investigation into the alleged conduct of the police and the RAB personnel.  If it is found that the alleged perpetrators committed crimes against the victims, then they must be held accountable for their actions and if found guilty of arbitrary arrest, torture, detention and intimidation, indicted under the prevailing domestic laws of Bangladesh.  

The Meherpur district police and the RAB authority must also compensate the victims for the loss they have suffered, and arrange all necessary medical treatment for the wounded victims.  During the investigation of the police, protection must be afforded to the victims. 
 
Such action by the police and the RAB 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 the government officials in Bangladesh to consider reforming their current law enforcement system by introducing better training programmes for the police, RAB and other law enforcing agents 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 YOUR LETTERS TO:
1. 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

2. Mr. M A Aziz Sarkar
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +88-02- 8962884 (O)
Cell: +88 011-816205, +88 011-818245, +88 0172993105
E-mail: rabhqbd@yahoo.com

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. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org 

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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-110-2006
Countries :
Issues :
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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.