Home / News / Urgent Appeals / BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police
 

BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police

December 22, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 December 2005
------------------------------------------------------
UA-243-2005: BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police

BANGLADESH: Torture; Arbitrary arrest and detention; Impunity
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source of the illegal arrest, detention and torture of Mohammad Abul Kashem Gazi, by policemen attached to the Khilgaon police on 24 November 2005. Mohammad was on his way to a market to buy spare parts for his refrigerator shop, when he was assaulted by the policemen after being stopped in front of their police station.

After being arrested without any charges, the Khilgaon police detained him overnight. At this time, he was deprived of food and medical treatment. Three policemen, including the Officer-in-charge (OC) of the police station were allegedly responsible for torturing the victim, who sustained considerable injuries.

According to the information received, Kashem has filed a case with the Chief Metropolitan Magistrate’s Court in Dhaka against the policemen involved.
 
In light of this case, the AHRC urges you to call upon the relevant authorities in Bangladesh, in particular the Inspector General of Police (IGP) and the Ministry of Home Affairs to take disciplinary and necessary legal action against the policemen involved. The victim must also be afforded with medical assistance and compensation.

Further, please urge the Government of Bangladesh to enact domestic legislation in full conformity of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) without delay, to which they have acceded. The AHRC is deeply concerned that unless a domestic law on torture is enacted, there would be no recourse to victims of torture to seek justice and redress.


Urgent Appeals Programme
Asian Human Rights Commission
-------------------------------------------------------------

DETAILED INFORMATION:

Name of victim: Mohammad Abul Kashem Gazi, a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit of the Awami Jubo League in Dhaka City
Name of alleged perpetrators: Chowdhury Tarikul Alam, Officer-in-Charge (OC), Havildar Delwar Hossain and Sepoy Mosharaf Hossain attached to the Khilgaon police station of the Dhaka Metropolitan Police (DMP)
Date and place of incident: 24 November 2005 at the street in front of the Khilgaon police station

Case details:

On 24 November 2005, at around 9am Mohammad Abul Kashem Gazi was on his way to the Taltala machineries market to buy spare parts for his refrigerator shop when stopped by a number of policemen in front of the Khilgaon police outpost. Three of the policemen, namely Chwodhury Tarikul Alam – the Officer in Charge (OC); Delwar – the Havildar; and Mosharaf Hossain – the Sepoy, all from the Khilgaon police station, started assaulting Kashem along the street.

Kashem was later taken to the Khilgaon police station where he was detained overnight. The police also took his mobile phone. While in police custody, Kashem was severely tortured by three policemen and was not given food. He suffered severe injuries as a result of the incident. 

The next day, Kashem was produced before the magistrate court where he was released on bail due to his health conditions.

It is reported that on November 25 he was charged under section 54 of the Criminal Procedure Code (Cr.PC) by the Khilgaon police. This law is commonly abused by the Bangladeshi police in arresting persons without charges.

On December 19, Kashem filed appropriate charges against the policemen involved after being treated for his injuries. Kashem is a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit Awami Jubo League of the Dhaka City. It is reported that when Kashem mentioned to the police that he was the leader of the Awame Jubo League (youth front of the main opposition party) during his detention, the officers became more violent.

After recording Kashem’s statement in court, Magistrate Mr. AJM Abdullahel Baki ordered the Deputy Commissioner (DC) of the Detective Branch (DB) of the Dhaka Metropolitan Police (DMP) to initiate an investigation into the case.

SUGGESTED ACTION:

Please send a letter to the Inspector General of Police and other persons listed below expressing your serious concern about Mohammad Abul Kashem Gazi’s case. The government agencies concerned must initiate appropriate measures to investigate the alleged illegal arrest, detention and severe torture of the victim.


Sample Letter:

Dear Mr. _______________,

Re: BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police

Name of victim: Mohammad Abul Kashem Gazi, a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit of the Awami Jubo League in Dhaka City
Name of alleged perpetrators: Chowdhury Tarikul Alam, Officer-in-Charge (OC), Havildar Delwar Hossain and Sepoy Mosharaf Hossain attached to the Khilgaon police station of the Dhaka Metropolitan Police (DMP)
Date and place of incident: 24 November 2005 at the street in front of the Khilgaon police station

I am writing to bring to your attention the case of Mohammad Abul Kashem Gazi. I have learned that Kashem was assaulted, illegally arrested and detained and severely tortured by policemen attached to the Khilgaon police on 24 November 2005. The incident took place in front of the Khilgaon police station when Kashem was on his way to a market to buy spare parts for his refrigeration shop.
 
According to the information I received, the police assaulted him on the street even though there are no charges against him. He was taken to the police station where he was further tortured overnight and was deprived of food. He sustained severe injuries as a result of this incident. Additionally, Kashem’s mobile phone was also taken by the policemen.

In light of this, I urge you to commence an impartial and thorough investigation into the victim’s allegation against the policemen without delay.  If it is found that the alleged perpetrators committed offenses against the victim, appropriate charges must be filed against them. He must be reimbursed for the medical treatment he had to undertake, and appropriate compensation must also be afforded to him.
 
I have learned that police abuses are common in many of Bangladesh’s police stations as well as among other law enforcing agencies. This reflects their inadequate investigation skills and their arbitrary use of powers.

I urge the Government of Bangladesh to enact domestic legislation declaring torture as crime. I am aware that the Bangladeshi government has acceded to the provision of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but has failed to enact laws in full conformity of the Convention.

I look forward to your urgent intervention in this matter.

Yours sincerely,

---------------

PLEASE SEND LETTER TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363

2. Mr. SM Mizanur Rahman
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746, 8316248, 8855922
Fax: +88-02-8322746

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, 8359000
Fax: + 88-02-7160405, 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, 8953012
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. Syed J. R. Mudassir Husain
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.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

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-243-2005
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.