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BANGLADESH: Man illegally arrested and detained then tortured and killed in the remand of the police in Dhaka

December 6, 2005

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ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEALS PROGRAMME

6 December 2005
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UA-227-2005: BANGLADESH: Man illegally arrested and detained then tortured and killed in the remand of the police in Dhaka

BANGLADESH: Arbitrary arrest; torture; extra-judicial killing
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a man was arbitrarily arrested and detained then tortured and subsequently killed by the police attached to the Mohammadpur police station in Dhaka. The police arrested the man after suspecting him of involvement in a theft case, which took place in a jewelers shop at the New Super Market at the Sobhanbag.

The police, upon taking the man into remand, proceeded to beat him with hockey sticks. The victim sustained considerable injuries to his body, which was evident when it was later examined at the morgue of the Dhaka Medical College Hospital.

However, the police claim that the victim was involved in a theft case and when they went to retrieve the stolen goods, the victim fell ill and so they admitted him at the Sowrawardi hospital. His wife and neighbour, conversely, state that the victim had been in good health and was suffering from no ailment.

Following the victim’s death, the police then intimidated the medical doctors, who were on duty at the Sohrawardi Hospital, and forced them to report that the victim had died only after being admitted. The police have filed a case of unnatural death with the Mohammadpur police station.

The AHRC is calling upon you to write letters to the relevant authorities in Bangladesh, in particular the Inspector General of Police and the Ministry of Home Affairs, urging them to take immediate disciplinary and legal action against the errant policemen of the Mohammadpur police station. The necessary reparations for the family of the victims must be met.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Shafiuddin Shafi (35), a private security guard living at house #55/1/A at Sultanganj under Rayerbazar area in Dhaka
Date of incident: 30 November 2005
Name of alleged perpetrators: Sub Inspector Ismail and Sub Inspector Shawkat attached to the Civil Team of the Mohammadpur police station

On 30 November 2005, the police of the Mohammadpur police station of Dhaka city arrested Shafiul Islam Shafi (35) after suspecting his involvement in a theft which took place at a jeweler’s shop in New Super Market in the Sobhanbag area of the city. Shafi, who had been previously worked as a private security guard at the market and who was being irregularly paid his wages, went to the authority of the market to seek his due salary.  The police arrested him soon after from his house seemingly upon the request of the market authority.

On 1 December, Shafi was produced before the Metropolitan Magistrate’s Court and was taken into remand for three days. Police Sub Inspector, Mr. Ismail and Sub Inspector Mr. Shawkat, who are members of the Civil Team of the Mohammadpur police station, tortured him with hockey sticks in the police station after receiving him in remand. Subsequently, he died allegedly at the hands of the police who took Shafi to the Sohrawardy Hospital after he had already died, according to the declaration by the medical doctors who were on duty there when he arrived.

On the same day, the police intimidated the doctors of the Sohrawardy Hospital. Eyewitnesses at the Dhaka Medical College Hospital (DMCH) morgue reported that there were a number of considerable injuries found over the legs and hands of the dead body of Shafi. A report by an unnamed but reliable source also revealed that SI Ismail and SI Shawkat beat Shafi with hockey sticks while taking him into a room on the first floor of the police station on December 1, immediately after getting him in remand from the court.

However, the police claim that following Shafi providing a confessional statement regarding his involvement in the theft case, they went to recover the stolen goods from Mr. Jamism’s house at the Agargaon area of the city. On the way, they maintain, Shafi fell sick. The police say they then rushed him to the Sohrawardy Hospital. Shafi’s wife, Mrs. Sahera Begum, however, has asserted that her husband was in good health when he left home to seek his due salary from the market authority. The landlady of Shafi’s house, Mrs. Mamtaj Begum supported Sahera’s claim.

Meanwhile, the autopsy of the dead body of Shafi was done the by the forensic medicine doctors at the DMCH morgue following an inquest report prepared by Magistrate Mr. Nani Gopal Biswas. The Mohammadpur police filed a case of Unnatural Death (UD) with the police station following Shafi’s death.  It has been alleged that the police persuaded the forensic examiners to prepare a concocted report on the death.

A large number of people protested on December 2 regarding Shafi’s death, saying that the theft case against Shafi was “completely false”, and had been crafted by the Mohammadpur police to defend their crimes.

SUGGESTED ACTION:

Please send a letter immediately to the Inspector General of Police and the other persons below expressing your concern about the arbitrary arrest, torture and killing of Shafi urging them to take prompt action to investigating the conduct of the police and to ensure that justice is attained for the family of the victim.

Sample Letter:

Dear _______________

BANGLADESH: Man illegally arrested and detained then tortured and killed in the remand of the police in Dhaka

Name of the victim: Shafiul Islam Shafi (35), a private security guard living at house #55/1/A at Sultanganj under Rayerbazar area in Dhaka
Date of incident: 30 November 2005
Name of alleged perpetrators: Sub Inspector Ismail and Sub Inspector Shawkat attached to the Civil Team of the Mohammadpur police station

I am writing to bring to your attention the alleged arbitrary arrest and detention, torture and extra-judicial killing of a man by the Mohammadpur police in Bangladesh.

According to the information I have received, the victim was detained in the police station and forced to confess to an alleged theft that had occurred in a jewelers shop. In an attempt to get those confessions, the police brought him in remand from the Court, and brutally tortured him with hockey sticks, which ultimately resulted in his death. This torture took place in the Mohammadpur police station. The victim sustained considerable injuries, which was evident when his body was later examined at the morgue of the Dhaka Medical College Hospital.

Additionally, the police intimidated the medical doctors who were on duty at the Sohrawardy Hospital and persuaded them to report that Shafi was alive upon arrival at the hospital. The policemen claim that the deceased gave a confessional statement to them prior his death, although the wife of the victim, the landlady of their house and neighbours deny the allegation of his involvement.

In light of this, I request that you order a prompt and thorough investigation into the alleged conduct of the police.  If it is found that the alleged perpetrators committed crimes against the victim, then they must be made accountable for their actions and if found guilty of torture, indicted under the prevailing domestic laws of your country.  

What is more, if the charges of theft are found to have been fabricated then the Mohammadpur Police must drop the charges and compensate the family of the deceased person for the loss they have suffered.  During the investigation of the police, protection must be afforded to the family of the victim. 
 
Such action by the police is common practice in many of Bangladesh’s police stations and other law enforcement agents. It reflects the lack of training many police officers have in terms of investigation skills, and the excessive powers they wield and abuse.

Therefore, I urge you and other government officials in Bangladesh to consider reforming your current law enforcement system by introducing better training programmes for your police officers 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 LETTER TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
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. Mizanur Rahman Khan
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746 or 8316248 (O), +88-02-8855922 (R)
Fax: +88-02-8322746 (O)

3. Mr. Md. Lutfozzaman Babor
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. The Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH

6. Mr. Sayed J. R. Modassir Hossain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH

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

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

9. Mr. 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 (general)
Email: lventre@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-227-2005
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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.