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BANGLADESH: A man commits suicide after being tortured by the Chhutipur camp police

August 10, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

11 August 2006
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UA-265-2006: BANGLADESH: A man commits suicide after being tortured by the Chhutipur camp police

BANGLADESH: Violation against the right to life; arbitrary arrest and detention; torture; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of a suicide involving a man named Mr. Asmat Ali after he was allegedly arbitrarily arrested and tortured by the Chhutipur camp police in Jessore district, Bangladesh on 3 August 2006. It is alleged that he committed suicide after he endured social humiliation and could not afford to bribe the police who assaulted him.  After the incident, the five alleged perpetrators were reportedly suspended from their duties and a departmental investigation was launched. However, the Jhikargachha police only registered the case as an 'unnatural death (UD) case' and failed to file any criminal charges against the alleged perpetrators.

On 3 August 2006, at around 11:00pm, a five-member police team led by Mr. Hossain Ali who is a Havildar (a non-commissioned police officer), went to the house of rickshaw puller Asmat Ali. Havildar Hossain accused Asmat of cultivating marijuana in his house. Asmat's landless family who live in a small hut and who cannot even dream of owning cultivated land, were surprised to hear the police accusations. The family became more surprised that the police pointed out a marijuana plant, along with flower plants that were planted by Asmat's daughter Mahfuza. Mahfuza claimed that she had no idea that flower seeds might be mixed with marijuana seeds as she did not recognise the plants because marijuana plants look similar.

However, the police did not listen to her and began to beat and arrest Asmat in front of his family members. They also kicked Asmat's mother Mrs. Fatema Begum, as well as his wife Mrs. Hawa Begum, when they pleaded with the Havildar not to arrest Asmat. Instead of taking Asmat to the police camp or handing him over to the Jhikargachha police station, the police took him to different places of the village at night and humiliated him in public. Havildar Hossain then allegedly asked Asmat to pay 10,000 Taka (USD 150) as a bribe and threatened that he would be prosecuted under drug dealing laws if he failed to pay the money.

On the same night, a member of the Local Union Council, Mr. Rabiul Islam, bargained with the police and reduced the amount of the bribe to 4,000 Taka (USD 60), which still was beyond the capacity of Asmat. At the scene, Asmat paid 2,000 Taka (USD 30) to the police, borrowing 1,000 Taka from Mr. Rabiul and 500 Taka from each of his neighbours Mr. Azgor and Mr. Manju. Upon receiving the money, the police released Asmat on condition of paying the rest of the amount of money at a later date. Despite all his efforts, Asmat failed to collect the remaining amount of the money to bribe the police. The following morning (August 4), people found Asmat's dead body hanging in a tree beside his house. Mr. Rabiul Islam said that he repeatedly requested that the police release Asmat and then lent him 1,000 Taka to ensure his release. Mr. Rabiul also alleges that during the funeral bath they found a sign of injury behind Asmat's left ear where he was beaten by the police.

Asmat's neighbours said that despite the extreme poverty and financial hardship, Asmat was an honest man, who did not have a habit of smoking, and they do not believe that he can be a drug cultivator. They allege that after being tortured by the police in public, including in front of his wife and children, Asmat might have felt humiliated, which then influenced him to commit suicide. The villagers also allege that Havildar Hossain has been harassing the inhabitants, including businessman Mr. Robin, Mr. Sirajul Islam Jharu and Mr. Mikail, all around the Chhutipur police camp charging them in drug dealings and smuggling to extract money from them. There are allegations of police threatening and intimidating people, including Mr. Sukur Jahan of the same village, to implicate in the fabrication of charges and arbitrary arrest. 

However, the Jhikargachha police who recovered the dead body simply registered an unnatural death (UD) case (Case No. 30) with the police station after preparing an inquest report of the dead body that was conducted by doctors at Jessore General Hospital on August 4. The Chairman of Magura Union Council, Mr. Jainal Abedin, lodged a compliant against the five alleged perpetrators with the Jhikargachha police station. However, it has not been recorded so far by the date of August 6, when a fact-finding team from a local human rights group inquired about it. It is unknown whether the Jhikargachha police registered a criminal case against the alleged perpetrators or not. 

Meanwhile, the district police administration of Jessore district has assigned the Assistant Superintendent of Police (ASP) of Circle 1, Mr. Nuruzzaman Bhuyan, to conduct a departmental investigation into the incident. The five alleged perpetrators, including Ansar personnel and four policemen, were temporarily suspended from their duties. 

SUGGESTED ACTION:

Please send a letter immediately to the persons listed below expressing your concern about the arbitrary arrest and torture of Asmat, Fatem and Hawa, which then influence the suicide of Asmat, urging them to take prompt action to investigate the conduct of the police and to ensure that justice is attained for the victims.

Sample Letter:

Dear __________,

BANGLADESH: Arbitrary arrest and torture of a man in public by the Chhutipur camp police leads to suicide

Name of the victim (committed suicide):
1. Mr. Asmat Ali, a rickshaw puller by profession, son of Mr. Moksed Ali, resides in Magura village under jurisdiction of the Jhikargachha police station in Jessore district, Bangladesh
Name of the victim (injured):
1. Mrs. Hawa Begum, wife of Mr. Asmat Ali, living in Magura village under the Jhikargachha police station in Jessore district
2. Mrs. Fatema Begum, wife of Mr. Moksed Ali, living in Magura village under Jhikargachha police station in Jessore district 
Name of alleged perpetrators:
1. Mr. Hossain Ali, Havildar of police attached to the Chhutipur police camp under Jhikargachha police station in Jessore district
2. Mr. Shafikul Islam, Nayak of police attached to the Chhutipur police camp
3. Mr. Azharul Islam, police constable attached to the Chhutipur police camp
4. Mr. Masud Hossain, police constable attached to the Chhutipur police camp
5. Sujayet Hossain, Ansar attached to the Chhutipur police camp
Date of incident: 3 August 2006
Place of incidence: The victim's house in Magura village

I am writing to bring to your attention the alleged arbitrary public arrest and torture of a man named Asmat Ali, by the Chhutipur camp police under the Jhikargachha police station in Jessore district, and the alleged extortion that led Asmat to commit suicide.

According to the information I have received, on 3 August 2006, at around 11:00 pm, a five-member police team led by Havildar (a non-commissioned police personnel) Mr. Hossain Ali went to the home of rickshaw puller Asmat Ali and charged him for cultivating marijuana. Asmat's landless family lives on another person's land and is unable to cultivate crops themselves have denied the allegations.  Then, the police identified a marijuana plant along with the flower plants that are planted by his daughter Mahfuza. The police proceeded to beat Asmat in front of his wife and children and then arrested him. They kicked Asmat's mother, Mrs. Fatema Begum, as well as his wife Mrs. Hawa Begum, when they requested that the Havildar not arrest Asmat. The police then took Asmat to different places in the night instead of taking him to the police camp or handing him over to the Jhikargachha police station. Havildar Mr. Hossain demanded 10,000 Taka (USD150.00) as a bribe and threatened that if Asmat failed to pay the money, he would be prosecuted according to the drug dealing laws.

I have been informed that Mr. Asmat was forced to pay 2,000 Taka as a bribe to the police, and had to borrow the money from Union Council Member, Mr. Rabiul and two of his neighbours on the same night. Following the bargaining between Mr. Rabiul and the police, the bribe amount was reduced to 4,000 Taka. I have learned that the police released Asmat on condition of paying the rest of the amount (Taka two thousand) of bribe at a later date. By all means, Asmat failed to collect the remaining amount of bribe money within the deadline. The following morning, people found Asmat hanged in a tree beside his house.

I have also been informed that Asmat's daughter Mahfuza claims that she did not have any idea that the seeds of the flower plants can be mixed with seeds of a marijuana plant. She did not recognise the plants since marijuana looks so similar.

I am aware that a sign of injury was found behind the left ear of Asmat during his funeral bath as a result of the beating by the police. I was also informed that the neighbours of Asmat claim that despite the extreme poverty and financial hardship Asmat was an honest man, who did not have a habit of smoking and could not be a drug cultivator.

I am also aware that as a result of having been tortured by the police in front of his wife and children as well as before the public, Asmat was feeling socially humiliated and failed to pay the bribe beyond his financial capacity led him to commit suicide. I am also informed that Havildar Mr. Hossain has been harassing local inhabitants, including businessman Mr. Robin, Mr. Sirajul Islam Jharu and Mr. Mikail, all around the Chhutipur police camp bringing fabricated charges of drug dealings and smuggling and extracting money. They mentioned that many people, including Mr. Sukur Jahan of the same village, were living in fear of police harassment and arbitrary arrest.  

I am also informed that the Jhikargachha police lodged an Unnatural Death (UD) case (number: 30) with the police station instead of specific charge of arbitrary arrest, extortion and driving someone to commit suicide.  I am also aware that a complaint against the five alleged perpetrators made by the Chairman of Magura Union Council, Mr. Jainal Abedin was not recorded by the Jhikargachha police until August 6, the same day a fact-finding mission was conducted by a local human rights group.

I have been informed that the district police administration of Jessore has assigned the Assistant Superintendent of Police (ASP) of Circle 1, Mr. Nuruzzaman Bhuyan, to conduct a departmental investigation into the incident, and the five alleged perpetrators, including Ansar personnel and four policemen, were temporarily suspended from their duties. I remain deeply concerned that in most cases the alleged perpetrators belong to the law enforcement agencies and are not adequately punished for their crimes, especially in the cases of human rights violations. It has been proven in the last decades that lighter so-called punishments like temporary suspension or "close" to the police barracks are not only insufficient, but are also a reason for the alarming increase in the violations of human rights in the country.   

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, indicted under the Penal Code of Bangladesh. 

The police authority must compensate the family of the victim for the loss that they have suffered and are ensured security.  During the investigation, any harassment towards the victim's family and the witnesses by the police must be stopped. 

The repeated violations committed by the law enforcers in Bangladesh point to the urgent need for the training of all police and other law enforcement agents. Without this training, heinous crimes committed by the very people who are supposed to uphold the rule of law will no doubt continue. Such violations are occurring despite the presence of Bangladesh at the UN Human Rights Council and having been a state party to the Convention against Torture. 

I therefore urge you and other government officials in Bangladesh to consider reforming your current law enforcement system by introducing improved training programmes for your police officers and to make them more accountable for the abuses that they have committed against the 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. 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

2. Mr. Md. Lutfuzzaman 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

3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677
Fax: +88-02-9563362 or 9563363

6. Mr. Mezbah-un-Nabi
Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88-041-761823 (O)
Fax: +88-041-761300 (O)

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 (ahrchk@ahrchk.net)

Document Type :
Urgent Appeal Case
Document ID :
UA-265-2006
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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.