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BANGLADESH: Opposition political leaders arbitrarily arrested, detained and tortured by the Mohonpur police in Rajshahi district

June 26, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

27 June 2006
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UA-202-2006: BANGLADESH: Opposition political leaders arbitrarily arrested, detained and tortured by the Mohonpur police in Rajshahi district

BANGLADESH: Arbitrary arrest; torture; harassment; misuse of law and governmental power; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that two persons, both local opposition political leaders, were arbitrarily arrested on suspicion, detained and tortured while in the custody of the Mohonpur police on 2 June 2006. Both victims received considerable injuries including one sustaining a broken hand as a result of the police brutality. Despite the seriousness of this case the authorities have not yet taken any action.

On 1 June 2006, a robbery occurred at midnight in the Mausumi Filling Station at the Rajshahi-Naogaon highway. On June 2, the owner of the filling station, Mr. Abdul Gaffar, lodged a case against unidentified persons with the Mohonpur police station. In the evening a police team led by Officer-in-Charge (OC), Mr. Ratan Krishna Nath, along with Sub Inspector (SI) Mr. Belal Hossain, called Mr. Darej Ali and Mr. Abul Kalam Azad. When Mr. Darej and Kalam went to the police station the police declared that they were being suspiciously arrested in connection with the robbery case. They were detained in police custody that night. The following morning the police produced them before the Magistrate's Court in Rajshahi and returned them to remand for two days. During remand the police electrocuted them and beat them with sticks. As a result of the torture Kalam's left hand was broken. Both the victims sustained considerable injuries.

The OC of the Mohonpur police station, Mr. Ratan Krishna Nath said that the police have to beat people during the interrogation as people do not confess without being beaten. It is also reported that the Second Officer of the police station, S I Mr. Rakib, admitted that there was no previous allegation of robbery against the two persons. He denied the allegation of torture despite the victims' considerable injuries. 

The authorities have not yet taken any action against the alleged perpetrators despite evidence of torture. It is common practice for innocent persons to be arrested by the police abusing section 54 of the Criminal Procedure Code in order to harass people, extract illegal money and to follow the instructions of political leaders and senior police officials.

SUGGESTED ACTION:

Please write letters to the persons listed below and urge them to ensure a fair and impartial investigation into this case. Please insist the Bangladesh Government to pay appropriate compensation to the victims. The security of the victims must be ensured.

Suggested letter:

Dear __________,

BANGLADESH: Opposition political leaders arbitrarily arrested, detained and tortured by the Mohonpur police in Rajshahi district

Names of the victims:
1. Mr. Deraj Ali, son of the late Mr. Nader Ali Mandol, living in Kharail village, under the Mohonpour police station in Rajshahi district
2. Mr. Abul Kalam Azad (34), son of Mr. Afsar Ali Mandol, living in Mougachhi village, under the Mohonpur police station in Rajshahi district
Names of the alleged perpetrators:
1. Mr. Ratan Krishna Nath, Police Inspector and Officer-in- Charge (OC), Mohonpur police station, Rajshahi district
2. Mr. Belal Hossain, Sub Inspector (SI), Mohonpur police station, Rajshahi district
Place of incident: Mohonpur police station custody, Rajshahi district
Date of incident: 2 June 2006

I am writing to draw your attention to the arbitrary arrest, detention and torture of two persons, both of whom are local opposition political leaders, by personnel of the Mohonpur police in Rajshahi district.

According to the information I have received, on 1 June 2006, a robbery occurred at midnight at the Mausumi Filling Station on the Rajshahi-Naogaon highway. On June 2, the owner of the filling station, Mr. Abdul Gaffar, lodged a case against unidentified persons with the Mohonpur police station. That evening a police team led by Officer-in-Charge (OC), Mr. Ratan Krishna Nath, along with Sub Inspector (SI) Mr. Belal Hossain, called the victms, Mr. Darej Ali and Mr. Abul Kalam Azad. When Mr. Darej and Kalam went to the police station the police declared that they were being suspiciously arrested in connection with the robbery case. They were detained in police custody overnight. The following morning the police produced them before the Magistrate's Court in Rajshahi before returning them to remand for two days.

I have learned that during remand the police electrocuted the victims and beat them with sticks. As a result of the torture Kalam's left hand was broken. Both the victims sustained considerable injuries.

I am aware that the OC of the Mohonpur police station, Mr. Ratan Krishna Nath said that the
police have to beat people during interrogations, as they do not confess otherwise. I am also aware that the Second Officer of the police station, S I Mr. Rakib, admitted that there was no previous allegation of robbery against the victims. He denied the allegation of torture on the two persons despite the victims' considerable injuries.

Despite the gravity of the case the authorities have not yet taken any action against the alleged perpetrators. In light of this, I request that you ensure a fair and thorough investigation into the alleged conduct of the police.  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 crimes, indicted under the prevailing domestic laws of Bangladesh.

I trust your intervention will be forthcoming.

Yours sincerely,
 
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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' Republic of Bangladesh
Office of the Prime Minister
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)

2. Mr. Md. Lutfozzaman Babor MP
State Minister
The Ministry of Home Affairs
The Government of the Peoples¡¦ Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O) or 8359000 (R)
Fax: +880 2 7160405, +880 2 7164788

3. Mr. Sayed J. R. Modassir Hossain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

4. Mr. A J Mohammad Ali
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. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677 (O), +880 2 8362552 or 8362553 (R)
Fax: +880 2 9563362 or 9563363

6. Mr. Dr. Baharul Alam BPM
Deputy Inspector General of Police (DIG)
Rajshahi Range
Bangladesh Police
Office of the DIG of Rajshahi Range
Rajshahi
BANGLADESH
Tel: +88 0721 772309 (O)
Fax: +88 0721 775444 (O)

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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-202-2006
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.