Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that Mr. Kamrul Hasan Kamal, who was an insurance company worker, was arbitrarily arrested, detained and implicated in a murder case by the Criminal Investigation Department (CID) police of Jessore on 12 July 2006. However, after eight days of interrogation in the Joint Interrogation Cell (JIC) the officials confessed that Kamal was arrested by mistake. Despite this confession Kamal is still detained and the fabricated murder case against him has not been discharged. The authorities have not taken any action against the alleged perpetrators.
On 12 July 2006, at around 11:00 am, a team from the Criminal Investigation Department (CID) Police of Jessore district led by Assistant Superintendent of Police (ASP), Mr. Ataur Rahman, arrested Mr. Kamrul Hasan Kamal from his house number 213, block- D, at the new satellite town without any specific allegation. Kamal was handed over to the Kotwali police.
On the same day, the police produced Kamal before the court showing him arrested in a pending murder case (number: 44, date: 9 May 2006) and applied for remand. The police also alleged that Kamal was involved with Islamic militant organisation, Jamaatul Muzahidin of Bangladesh (JMB). Kamal had been under police watch for more than three months at the direction of the Ministry of Home Affairs for his supposed involvement with the countrywide bomb blast on 17 August 2005.?The court granted 10 days police remand for Kamal responding to the petition of the Investigation Officer of the case, Sub Inspector Mr. Morsalin.
That night the police sent Kamal to Dhaka for interrogation in the Joint Interrogation Cell (JIC). However, after eight days in police remand the JIC officials sent Kamal back to the Magistrate Court in Jessore, which ordered Kamal be put in the Jessore Central Jail. The police and the JIC officials confessed that Kamal was arrested by mistake.
Kamal’s family claims that Kamal was working for an insurance company and has no connection with any militant activities. They allege that the police harassed Kamal in fabricated charges, causing the family financial loss and social stigma as a result of the arbitrary arrest, detention and implication in the murder case.
Meanwhile, the police have not discharged Kamal from the murder case despite the officials confession that Kamal was arrested by mistake. The government authorities have not take any action against the alleged perpetrators.
ADDITIONAL COMMENT:
The Bangladesh government has ratified the UN Convention Against Torture (CAT) but has yet to implemented this. It has reserved article 14 of the CAT, which ensures medical treatment, compensation and complete redress to victims. In addition, as there is no domestic legislation to criminalise torture committed by law enforcement officials in the country, most of the perpetrators are not punished or receive only departmental disciplinary action or light punishment with charges of “maltreatment” rather than of “torture”. As far as the AHRC is aware, there has been no single case in which the victim has received compensation for torture harassment by the police.?
Beside this, there are no independent complaint mechanisms where torture victims can lodge complaints against perpetrators. As a result the police conduct inquiries into torture cases where police are also the alleged torturers. The police are normally reluctant to take action against their colleagues and in some cases they even threaten the victims to withdraw their complaints.?
SUGGESTED ACTION:
Please write letters to the persons listed below and urge them to ensure a fair and impartial investigation into this case. Please also urge the authorities to release Kamal from the jail and discharge him from the fabricated murder case. The alleged perpetrators must be held accountable for their actions. Please also urge the Government of Bangladesh to pay appropriate compensation to the victim. The security of the victim must be ensured.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Man arbitrarily arrested and detained by the Police in Jessore district
Name of victim:? Mr. Kamrul Hasan Kamal, son of the late Mr. Mohsin Ali, living in house number 213, block- D of new satellite town of Jessore district
Names of alleged perpetrators:
1. Mr. Ataur Rahman, Assistant Superintendent of Police (ASP), Criminal Investigation Department (CID) Police of Jessore district
2. Mr. Morsalin, Sub Inspector (SI) of Police, attached to the Jhikargachha police station in Jessore district
3. Law enforcing agents involved in the Joint Interrogation Cell (JIC), Dhaka
Place of incident: Jhikargachha police station in Jessore district
Date of incident: 12 July 2006
I am writing to draw your attention to a case of arbitrary arrest, detention and harassment of a man in fabricated charges by the Criminal Investigation Department (CID) police of Jessore district.
According to the information I have received, on 12 July 2006, at around 11:00 am, a CID Police team of Jessore district led by Assistant Superintendent of Police (ASP), Mr. Ataur Rahman, arrested Mr. Kamrul Hasan Kamal from his house at the new satellite town without any specific allegation. Kamal was handed over to the Kotwali police.
On the same day, the police produced Kamal before the court showing him arrested in a pending murder case (number: 44, date: 9 May 2006) and applied for remand. The police also alleged that Kamal was involved with Islamic militant organisation, Jamaatul Muzahidin of Bangladesh (JMB). Kamal had been under police watch for more than three months at the direction of the Ministry of Home Affairs for his supposed involvement with the countrywide bomb blast on 17 August 2005. The court granted 10 days police remand for Kamal responding to the petition of the Investigation Officer of the case Sub Inspector, Mr. Mursalin. On the same night, the police sent Kamal to Dhaka for interrogation in the Join Interrogation Cell (JIC).
?lt;br />However, I have learned that after eight days in police remand the JIC officials sent Kamal back to the Magistrate Court in Jessore, which ordered Kamal be put in the Jessore Central Jail. The police and the JIC officials confessed that Kamal was arrested by mistake.
I have been informed that Kamal's family claim that Kamal was working in an insurance company and has no connection with any militant activities. They allege that the police harassed Kamal in fabricated charges, causing the family financial loss and social stigma as a result of the arbitrary arrest, detention and implication in the murder case.
I am aware that the police have not discharged Kamal from the murder case despite the officials confession that Kamal was arrested by mistake. I am also aware that the government authorities have not take any action against the alleged perpetrators.
In light of the above, I strongly urge you to order an impartial and proper investigation into this case by an independent agency (not the police). I urge that the perpetrator be charged under section 211 of the Penal Code of Bangladesh to which the offenders of fabricated charges can be punished. The victim must be released without delay and the charges against him dropped. I also urge you to take appropriate action against other police officers that are responsible for the alleged illegal arrest of the victim. Adequate compensation must be provided to the victim for the loss he has suffered.
I further request the Bangladesh government to immediately implement the CAT Act so that torture perpetrators can be punished under the law. An independent agency where torture victims can lodge a complaint should be established and effective compensation should be introduced and strictly enforced without further delay. Only through these actions, can the Bangladesh government be able to eliminate the routine practice of torture and other crimes committed by law enforcement officers in the country.
I trust your intervention will be forthcoming.
Yours sincerely,
?lt;br />-------------------------------------------
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Begum Khaleda Zia
Prime Minister
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
2. Mr. Md. Lutfozzaman Babor MP
State Minister
Ministry of Home Affairs
Government of the People's Republic of Bangladesh
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. Anwarul Iqbal
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. Mezbah-un-Nabi
Deputy Inspector General of Police (DIG)
Khulna Range
Bangladesh Police
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88 041 624100 (O)
Fax: +88 041 721358 (O)
7. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
