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BANGLADESH: Human Rights Defender is seriously threatened and intimidated by Navy

May 3, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

4 May 2007
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UA-147-2007: BANGLADESH: Human Rights Defender is seriously threatened and intimidated by Navy officers

BANGLADESH: Threat; intimidation; military abuse; abuses under the state of emergency
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AHRC HUMAN RIGHTS REPORT 2006: BANGLADESH
http://material.ahrchk.net/hrreport/2006/Bangladesh2006.pdf

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Dear friends,

The Asian Human Rights Commission (AHRC) has received disturbing information from a local human rights group ODHIKAR that their acting director, Mr. ASM Nasiruddin Elan, had been seriously threatened and verbally abused by a naval captain at the Navy’s headquarters in Banani, Dhaka on 3 May 2007. The officer subjected Mr. Elan for questioning for conducting human rights fact-finding mission, among them is the case involving the torture and death of persons in the Navy’s custody. They warned Mr. Elan to stop their activities and warning them that they are working under the state of emergency.

CASE DETAILS:

At around 2pm on 26 April 2007, Mr. ASM Nasiruddin Elan, acting director of the ODHIKAR, a human rights organization based in Dhaka, received a phone call from Lieutenant Commander Mr. Mehedi of the Bangladesh Navy. Mr. Mehedi asked Mr. Elan to meet Mr. Zubayer, Captain of the Bangladesh Navy, at their Naval Headquarter in Banani, Dhaka. Within a while another phone call was receive by Mr. Elan from a person allegedly attached to the Naval Headquarter Intelligence. The caller informed that Captain Mr. Zubayer wanted to discuss with him regarding two incidents of deaths in naval custody in the Bhola district, which was earlier investigated by the Mr. Elan’s fact-finding teams representing ODHIKAR.

At around 10:15am on May 2, Lieutenant Commander Mr. Mehedi called to the office of ODHIKAR and once again asked Mr. Elan to go to the Navy Headquarters. Mr. Mehedi told Mr. Elan that Captain Zubayer wanted to discuss with him regarding the death of two persons, and insisted him to meet Captain Zubayer. Mr. Elan, however, told Lt. Commander Mehedi to instead send an official letter from the Navy Headquarter. At 12:15pm and at 3:30pm, Lt. Commander Mehedi made repeated phone calls insisting for him to report to their Headquarters at 9am on May 3. Lt. Commander Mehedi told Mr. Elan that their office would never send any official letter to his organization. At 4pm, Lt. Commander Mehedi once again called Mr. Elan informing him that his colleague, Captain Zubayer would meet him, at 9am on May 3.

On May 3, at around 9am, a man wearing plain clothes went to the ODHIKAR office. He introduced himself as Mr. Mizan, a radio operator and said that he was sent by the Navy officers to take Mr. Elan to the Headquarters. Mr. Elan was taken in a scooter with registration number: Dhaka Metro-Tha-03-3766. It was Mizan who driven the scooter towards the Navy’s Headquarters and arrived there at 9:40am. At 9:45am, a Sub Lieutenant named Mr. Enayet Hossain, had called from the Navy Headquarters to inquire whether Mr. Elan had left from the Naval Headquarters or not.

At around 9:50am, Mr. Elan was taken inside the Navy Headquarter and was made to wait until 11am inside the communication room. A navy staff came in and took him to the room of Captain Zubayer. Two navy officers were present there at that time. Within a while another two officers wearing plain clothes entered the room. Captain Zubayer addressed them as officers of the Directorate General of Forces Intelligence (DGFI). Soon after the two DGFI officers came in, Captian Zubayer started casting abusive words against Mr. Elan telling him: “How dare you criticize the Navy?” and proceeded on threatening him as: “If I kill you now, who will save you?”

The other persons inside the room likewise started interrogating Mr. Elan using rough and harsh language. They mentioned that they knew a lot about ODHIKAR and if necessary they would interrogate even the President of ODHIKAR, Mr. Hassan Arif, who is a former Attorney General of Bangladesh. Showing a number of paper clippings of ODHIKAR’s fact-finding report. They also accused all the staffs of ODHIKAR as involved in seditious and anti-state activities and that they are all traitors.

“You all are agents of (abusive language) America, India and Pakistan from where you receive money.” The officers continued on casting abusive language saying: “We (f--k) ODHIKAR, American Embassy and your admirers.” One of them said: “I will hand you over to the DGFI for further action.” The navy officers then told Mr. Elan to: “Stop you activities immediately! You must keep in mind that you are working in a state of emergency”. Captain Zubayer to Mr. Elan that “it is better for him to start agricultural farming than engaging in human rights activities.” He also warned Mr. Elan not to mention about their meeting to anyone, otherwise, he could be arrested.

At the end of the meeting, Mr. Elan was asked to wait in the next room. His cell phone was switched off and kept away from him while he being restrained from communicating with his colleague, Mr. Elyus. Mr. Elyus had earlier accompanied him to the place but was refused entry into the office of Captian Zubayer.

SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below urging them to take prompt action to investigate the conduct of the Navy officers regarding the alleged death threats, intimidation and harassment of human rights defender Mr. ASM Nasiruddin Elan. Please also send your letters to the relevant UN agencies listed below.

Sample Letter:

Dear __________,

BANGLADESH: Human Rights Defender is seriously threatened and intimidated by Navy officers

Name of the victim facing threat: Mr. ASM Nasiruddin Elan, acting director of ODHIKAR, a human rights organisation based in Dhaka
Alleged perpetrators: Lieutenant Commander Mr. Mehedi and Captain Zubayer, both attached to the Bangladesh Navy, and two officers attached to the Directorate General of Forces Intelligence (DGFI).
Date of incident: 3 May 2007
Place of incident: At the headquarters of the Bangladesh Navy, Banani, Dhaka

I am writing to raise my serious concern into the plight of Mr. ASM Nasiruddin Elan, acting director of ODHIKAR. I have learned that on 3 May 2007 Mr. Elan was subjected for questioning by several officers of the Bangladeshi Navy inside their headquarters following repeated phone calls to his office intimidating him that he should report to their headquarters. While inside the headquarters, Mr. Elean was alleged to have been threatened to be killed and was verbally abused. The officers also warned him that he could be arrested should he report the incident to others.

I have learned that the Naval officer’s were questioning Mr. Elan due to his and his organization’s active involvement in documenting cases of violation by conducting human rights fact-finding mission in the area. Among those cases by which they had intervened involved the torture and death of two persons, which was alleged to have taken place under the custody of one of the Navy units. The officers have likewise maliciously accused Mr. Elan, his organization and his colleagues of involving into in seditious and anti-state activities, and that they are all traitors.

The manner by which the Navy officers, in particular Lieutenant Commander Mr. Mehedi and Captain Zubayer, both attached to the Bangladesh Navy, and two officers attached to the Directorate General of Forces Intelligence (DGFI), is completely and totally unacceptable. I am deeply disturbed by this incident and of the navy officers’ threatening remarks that it would arrest the victim should he report the incident. To threaten and verbally abused Mr. Elan and his organisation, which s obviously intended to threaten or discourage him and his group from continuing their work, is a matter of serious concern. We therefore urge you to conduct an effective and thorough investigation regarding this incident.

I urge you to ensure that these navy officers involved are investigated to answer the allegations against them. Should the investigation commences, I likewise request your office to impose immediate sanctions upon these officers to ensure a credible and independent investigation, and to refrain them from using their authority to possibly further harass the victim further. The victim and his organization must likewise be afforded with appropriate protection and security to avert any possible violent actions that could be taken against them following this incident.

The State has the obligation to ensure the security, safety and protection of Mr. Elan, his colleague and those working with him in the organization, and that it is the state responsibility to ensure this is done without further delay. These are matters that the government should seriously consider and act immediately.

I trust that you immediate take action on this serious matter.

Yours sincerely,
 
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PLEASE SEND YOUR LETTER TO:

1. 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

2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

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

4. 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

5. Rear Admiral Mr. Sarwar Jahan Nizam
Chief of Naval Staff
Bangladesh Navy
Naval Headquarters
Airport Road, Banani
Dhaka-1213
BANGLADESH
Tel: +880 2
Fax: +880 2

6. Professor 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 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

7. Ms. Leila Zerrougui
Chairperson
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

8. 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)

Document Type :
Urgent Appeal Case
Document ID :
UA-147-2007
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.