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BANGLADESH: Arbitrary detention of 7 student activists by joint security forces

June 15, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

15 June 2007
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UA-193-2007: BANGLADESH: Arbitrary detention of 7 student activists by joint security forces

BANGLADESH: Arbitrary arrest and detention; abuses under the state of emergency
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Dear friends,

The Asian Human Rights Commission has received information regarding the arbitrary arrest and detention of 7 student activists belonging to the Bangladesh Students League (BSL) by the joint security forces in May 2007. All the victims were arrested from their residence within a two day period between May 7-9 with the charge of attending the procession of 2-3000 people defying the state of emergency at the airport when Ms. Shekh Hasina, the Former Prime Minister and the President of the Bangladesh Awami League (BAL) returned from abroad. The BSL is a political youth wing of BAL. Prior to these arrests, another 6 leaders of the BSL had been arrested by the joint security forces on January 17, and detained under a "preventive detention" order by the Home Ministry under section 3(1) of Special Power Act, 1973.

CASE DETAILS:

From 7 to 9 May 2007, 7 student activists from the Bangladesh Students League (BSL) were arrested by the joint security forces from their residences in Dhaka. In all cases, at the time of arrest the joint security forces did not present any warrants or other valid documents for their arrest despite the repeated requests by the victims.  The persons arrested are;

1. Mr. Kripa Binddu Das, Vice President of BSL, who was arrested from 78, Jagannath Hall, University of Dhaka on 7 May 2007
2. Mr. Sudas Kumar Das, Vice President of BSL, who was arrested from 151, Jagannath Hall, University of Dhaka on 7 May 2007
3. Mr. Md. Shaheen Alam Hawladar, the leader of BSL, who was arrested from 412 Banga Bundhu Hall, University of Dhaka on 7 May 2007
4. Mr. Md. Habibur Rahman, member of BSL, who was arrested from Salimullah Muslim Hall, University of Dhaka on 8 May 2007
5. Md. Ziyaul Hauque Zia, Joint General Secretary of BSL, who was arrested from Salimullah Muslim Hall, University of Dhaka on 8 May 2007
6. Mr. Md. Shahidur Rahman, Joint General Secretary of BSL, who as arrested from Salimullah Muslim Hall Unit, University of Dhaka on 9 May 2007
7. Mr. Md. Nachhir Uddin, member of BSL, who was arrested from Banga Bundhu Hall, University of Dhaka on 9 May 2007

The joint security forces told the victims one to six that they were being arrested due to the Dhanmondi Thana Case No. 15 of 2007 dated 07.05.07, while victim 7 was arrested under Shahbag Thana GD no. 411 of 07 dated 08.05.07. The two cases in which the victims were implicated are related to the procession of 2-3000 people who defied the state of emergency at the airport when Ms. Shekh Hasina, the Former Prime Minister and the President of the Bangladesh Awami League (BAL) returned from abroad on May 7. They all were accused of attending that procession. It is reported that the arrest of the victims was made arbitrarily although no specific names of the suspects were mentioned in the First Information Report (FIR) relating to the said case. It means that any person can be arrested by the security forces at any time with the same charge under the said case. 

Mr. Kripa Binddu Das, Mr. Sudas Kumar Das, Mr. Md. Shaheen Alam Hawladar, Mr. Md. Habibur Rahman and Md. Ziyaul Hauque Zia were brought to the court with the said charge, while Mr. Md. Shahidur Rahman and Mr. Md. Nachhir Uddin were brought to the court on May 10. They all were remanded by the court in violation of the state of emergency according to section 54 of the Bangladesh Code of Criminal Procedure, 1898 which allows the police to arrest a person without an order from a magistrate and without a warrant. 

One senior officer of the University of Dhaka, who wanted to remain anonymous, said, "During the state of emergency, the government has banned all kind of political assembly. Some students had allegedly joined a procession at the Shahbagh area, adjacent to the university, ransacked vehicles on the street there, and at the Zia International Airport area following their political party programs; some held a procession in the university campus protesting the arrest of their party leader; as of the information is available. A number of activists belonging to various political backgrounds were identified by the intelligence officials and, subsequently, arrested by the law-enforcing agents; they have been charged with damaging public property and violating the laws of the land. To our knowledge the arrested persons are still detained in the Dhaka Central Jail since the arrest except for one student, who secured a first class in his honours graduation examination and was an examinee for his master’s degree, has been granted bail from the court after two days of his arrest."

We are also confirmed that the University authority approved the law enforcement agencies' raid on any dormitories within the university premises 'to maintain law and order' at the university.

According to one officer of the law enforcing agencies, the police and intelligence branches recently prepared the list of around 200 leaders and activists of the BSL, who violated the state of emergency and have criminal records. He also stated that the list is "getting longer". The officer further said that the raid, which was the third one in the month of May, was conducted to capture the BSL activists who took part in separate processions violating the state of emergency. Shahbag police also reportedly confirmed that the raids are going on to hunt down the BSL activists mentioned in the list made by the law enforcement agencies.

Under the state of emergency, all the fundamental rights of citizens, including the freedom of expression and the right to assembly, prescribed in the Constitution have been suspended since January 2007. This situation allows for the arbitrary arrest and detention of any person by the security forces having extensive power with vague allegations. 

Such human rights violations breach the treaty obligation of the caretaker government of Bangladesh under the International Covenant on Civil and Political Rights (ICCPR). The AHRC also notes with serious concern that judicial intervention is strictly restricted in the cases of arbitrary detention in the country where all the fundamental rights contained in the Constitution has been suspended upon the enforcement of the state of emergency. We are afraid that many of victims are kept in prolonged detention without being produced before any court. This violates the spirit of the Constitution and international standards prohibiting arbitrary deprivation of liberty of persons.  

The state of emergency should be withdrawn without further delay to halt the increasing human rights abuses by the joint security forces. The Constitution in fact clearly mentions that the duration of the state of emergency is up to 120 days in order to prevent the deterioration of rights of its citizens. The election should be held as earliest as possible in order to form a democratic government. 

SUGGESTED ACTION:
Please write to the relevant local authorities and express your deep concern about this case. Please urge the Bangladesh government to immediately end the arbitrary detention of the 7 student activists. Please also urge the caretaker government to stop abusing the use of 'preventive detention' against people with vague or false charges of anti-state activities. Please also urge it to immediately remove the state of emergency and make those responsible for arbitrary arrest and detention of persons accountable. The AHRC has already reported this case to the UN Working Group on Arbitrary Detention for its intervention into this case.

Sample letter:

Dear __________,

BANGLADESH: Arbitrary detention of 7 student activists by joint security forces

Name of victims:
1. Mr. Kripa Binddu Das; Vice President of Bangladesh Students League (BSL); son of Mr. Sarbindu Das; permanent resident of 78, Katakhali village, Thana-Ajmerygong, Hobigong district; arrested from Jagannath Hall, University of Dhaka under Dhanmondi Thana case no 15 of 2007 dated 07.05.07
2. Mr. Sudas Kumar Das; Vice President of BSL; son of Mr. Sunil Kumar Das; permanent resident of Ghoser Ghar village, Thana & District Gopalgong; arrested from 151, Jagannath Hall, University of Dhaka under the same case like victim 1
3. Mr. Md. Shaheen Alam Hawladar, the leader of BSL; son of Mr. MA Khalek Hawladar; the permanent resident of West Bechri village, Thana-Kathaliya, Zhalkathi district; arrested from 412 Banga Bundhu Hall, University of Dhaka under the same case like victim 1
4. Mr. Md. Habibur Rahman; member of BSL; son of Mr. Md Lyakub Ali; permanent resident of Bellor Sundary village, Thana-Irishal, Mymensing district; arrested from at Salimullah Muslim Hall, University of Dhaka under the same case like victim 1
5. Md. Ziyaul Hauque Zia; Joint General Secretary of BSL; son of Mr. Md. Abdul Latif; permanent resident of Shalika village, Thana & distrit - Naogaon; arrested from Salimullah Muslim Hall, University of Dhaka under the same case like victim 1
6. Mr. Md. Shahidur Rahman; Joint General Secretary of BSL; son of Mr. Abdul Majid; arrested from Salimullah Muslim Hall Unit, University of Dhaka under the same case like victim 1
7. Mr. Md. Nachhir Uddin; member of BSL; son of Mr. Md. Abdul Latif; arrested from Banga Bundhu Hall, University of Dhaka under Shahbag Thana GD no. 411 of 07 dated 08.05.07
Alleged perpetrators: Personnel of joint security forces
Date of arrest: Victims 1-3 arrested on 7 May 2007; Victims 4-5 on May 8; Victims 6-7 on May 9

I am writing to bring your attention the arbitrary arrest and detention of 7 members of the Bangladesh Students League (BSL) listed above by the joint security forces on 7-9 May 2007.

According to the information I have received, all the victims were accused of attending the procession of 2-3000 people defying the state of emergency at the airport when Ms. Shekh Hasina, the Former Prime Minister and the President of the Bangladesh Awami League (BAL) returned from abroad on May 7. The joint security forces told the victims 1-6 that they were arrested relating to the Dhanmondi Thana Case No. 15 of 2007 dated 07.05.07, while victim 7 was arrested under Shahbag Thana GD no. 411 of 07 dated 08.05.07.

I am informed that the arrest of the victims was made arbitrarily although no specific name of the suspects were mentioned in the First Information Report (FIR) relating to the said case. It means that any person can be arrested by the security forces at any time with the same charge under the said case. 

Mr. Kripa Binddu Das, Mr. Sudas Kumar Das, Mr. Md. Shaheen Alam Hawladar, Mr. Md. Habibur Rahman and Md. Ziyaul Hauque Zia were brought to the court with the said charge, while Mr. Md. Shahidur Rahman and Mr. Md. Nachhir Uddin were brought to the court on May 10. They all were remanded by the court in violation of the state of emergency according to section 54 of the Bangladesh Code of Criminal Procedure, 1898 allows the police to arrest a person without an order from a magistrate and without a warrant.  In all cases, the joint security forces did not present any arrest warrant or other valid document for their arrest. The arrested students are believed to be detained at the Dhaka Central Jail. I am also informed that the University authority approved the law enforcement agencies' raid on any dormitories within the university premises 'to maintain law and order' at the university.

I am seriously concerned about the report that the police and intelligence branches recently prepared the list of around 200 leaders and activists of the BSL, who violated the state of emergency and have criminal records. Shahbag police also reportedly confirmed that the raids are going on to hunt down the BSL activists mentioned in the list made by the law enforcement agencies.

In fact, this was the third raid at the University premises to arrest the students and as far as I know other 6 BSL activists had been arrested on 17 January 2007 under the violation of Emergency Power Act-1974. The 6 students are Mr. Mahfuzul Haydar Rotton, General Secretary of BSL, Mr. Lavlu Molla Shishir, Vice President of BSL, Mr. Md.Mizanur Rahman, Vice President of BSL, Mr. M. Abul Kalam, Joint General Secretary of the BSL, Mr. Khayrul Hasan Juwel; Organizing Secretary of the BSL and Mr. Taohidur Rahman Kazol, Vice President of BSL.

I am gravely concerned by the ongoing arbitrary arrest and detention of Bangladesh people under the state of emergency imposed in January 2007. I am afraid that many of victims are being in prolong detention without being produced before any court. This violates the spirit of the Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party prohibiting arbitrary deprivation of liberty of persons. The Bangladesh government has international obligation to protect the liberty of its citizens as a state party to the ICCPR. I therefore urge you to take all possible measures to ensure that all the persons, including 7 student activists, are immediately released if their charges lack concrete evidence. The state officers commit abuses against its citizens under various special laws should be held accountable.   

I again request you to take genuine efforts in your official capacity to withdraw the state of emergency as soon as possible. I want to draw your attention that the Constitution clearly mentions that the duration of the state of emergency is up to 120 days in order to prevent the deterioration of rights of its citizens.

Yours truly,

 
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PLEASE SEND YOUR LETTERS TO:

1. Prof. Iajuddin Ahmed
President
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

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. Mr. 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

5. Barrister Moinul Hossain
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O)

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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-193-2007
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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.