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UPDATE (Bangladesh): Three persons tortured by the Chapainawabganj police

January 31, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

31 January 2006

[RE:UA-041-2006: BANGLADESH: Eight people killed and at least one hundred injured by police fire in Chapainawabganj district; UA-013-2006: BANGLADESH: Two people killed and thirty-five injured by police fire in Chapainawabganj district]
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UP-013-2006: BANGLADESH: Three persons tortured by the Chapainawabganj police

BANGLADESH: Arbitrary arrest; Torture; Harassment; Deprivation of medical treatment; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) wrote to you on 10 (UA-013-2006) and 27 January 2006 (UA-041-2006) detailing the killing of ten people and injuries to approximately 200 others following the police opening fire on a group of demonstrators on two different occasions in Chapainawabganj district, Bangladesh. The demonstrators had initially been demonstrating outside of the rural electrification centre demanding regular, uninterrupted electricity supply and a reduction of the consumption rate. During that demonstrating eight people were killed. In a subsequent demonstration, where the protestors were demanding for the release of three leaders of the Palli Biddut Subscribers’ Development Association, who were detained following the first demonstration, a further two people were killed.

The AHRC has now learned that the arrested three leaders were tortured by the police while in the custody of the Shibganj police station and in the office of the Superintendent of Police (SP). Consequently, the victims sustained considerable injuries. They were then detained in prison. The police have not allowed the victims to seek proper medical treatment outside the prison. 

The AHRC has also learned that a Member of Parliament (MP) of the local constituency influenced the magistrate not to grant bail to the victims.

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 legal action against those police responsible for the torture of the three men.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims:
1. Golam Rabbani, Convener of the Palli Biddut Subscribers’ Development Association, son of the late Belayet Ali Mridha, living in Pukuria village
2. Zahir Chowdhury, Joint Convener of the Palli Biddut Subscribers’ Development Association, living in Kansat village
3. Monirul Islam Manna, President of the Kanahat Union Committee of the Bangladesh Chhatra League, living in Kansat village
All the villages are under the Shibganj police station in Chapainwabganj district
Name of the alleged perpetrators:
1. Superintendent of Police (SP) of the district and policemen of Shibganj police station of Chapainawabganj district
2. Mr. Shahjahan Mian, Member of Parliament (MP), Shibganj Contituency, Chapainawabganj
Date of incident: 23-28 January 2006
Place of incident: Office of the Superintendent of Police (SP) and Shibganj police station, Chapainawabganj district

Case details:

On 4 January 2006, two persons were killed and at least 35 others were wounded by the firing of police during a demonstration calling for uninterrupted electricity supply in the villages under Shibganj police station in Chapainawabganj district. The police and the Palli Biddut Samity authorities filed two separate cases against hundreds of villagers, including the leaders of the Palli Biddut Shamity Subscribers’ Association, with the local police station regarding the incident. On January 22, late in the night, the Sibganj police arrested three leaders of the Palli Biddut Shamiti Subscribers’ Development Association regarding those two cases.

According to the statement of Golam Rabbani’s wife, Mrs. Shamima Akter Parul, the police blind folded the three leaders and tied their hands behind their back with rope and handcuffs.  They were then taken to the Shibganj police station and beaten by the police. The police accused them of mobilising the people against the government authorities. They were then taken to the office of the Superintendent of Police (SP). The police put their heads underneath a table and forced them to kneel down. They then beat them with stick over different parts of the body.

A panel of lawyers, visiting the victims in the Chapainawabganj jail, stated that the three were unable to walk properly due to obvious injuries sustained. The victims were admitted to the medical ward of the Chapainawabganj district jail owing to their leg injuries. The victims’ families allege that the victims were deprived of proper medical treatment while in prison. 

Meanwhile, the villagers have been continuing their demonstrations on the street protesting at the arrest and torture of the three leaders. During one of these demonstrations, on January 23, the police fired on the crowd killing eight people and causing injuries to more than 100. More than fifty people, including old aged men and women, and children, who stayed at home during the demonstration, were also severely injured due to the indiscriminate beatings by the unruly police. The villagers also allege that the police molested girls after entering into their houses. Huge numbers of victims, including women and children, have since been deprived medical treatment. They are passing time in fear of further harassment by the police.

The villagers further allege that the Member of Parliament (MP) of the Shibganj constituency, Mr. Shahjahan Mian influenced the local Administration as well as the Magistrates not to grant bail to the three persons. They also allege that the government has completely failed in responding to the actions of the police regarding these incidents.

SUGGESTED ACTION:

Please send letters immediately to the Inspector General of Police and the other persons listed below expressing your concern about the arbitrary arrest, torture and detention of the three persons 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: Three persons tortured by the Chapainawabganj police 

Name of the victims:
1. Golam Rabbani, Convener of the Palli Biddut Subscribers’ Development Association, son of the late Belayet Ali Mridha, living in Pukuria village
2. Zahir Chowdhury, Joint Convener of the Palli Biddut Subscribers’ Development Association, living in Kansat village
3. Monirul Islam Manna, President of the Kanahat Union Committee of the Bangladesh Chhatra League, living in Kansat village
All the villages are under the Shibganj police station in Chapainwabganj district
Name of the alleged perpetrators:
1. Superintendent of Police (SP) of the district and policemen of Shibganj police station of Chapainawabganj district
2. Mr. Shahjahan Mian, Member of Parliament (MP), Shibganj Contituency, Chapainawabganj
Date of incident: 23-28 January 2006
Place of incident: Office of the Superintendent of Police (SP) and Shibganj police station, Chapainawabganj district

I am writing to bring to your attention the arbitrary arrest, detention and torture of three persons by the police of Chapainawabganj district in Bangladesh.

According to the information I have received, the police reportedly arrested the three leaders of the Palli Biddut Samiti Subscribers’ Development Association on 22 January 2006 following an incident involving the killing of two people and the wounding of at least 35 others by police fire at Kansat on January 4, when the consumers of the Palli Biddut Kendra (Rural Electrification Centre) at Kanshat under the Shibganj police station in Chapainawabganj district were facing extreme financial losses as a result of irregular and insufficient electricity supply, despite paying a high rate for the consumption. Following the arrest of the three leaders, the villagers of Shobganj police station conducted road blockades at Kansat Bazar area under Chapainawabganj district on the morning of 23 January 2006. The police fired on the demonstrators, killing eight people and injuring more than 100.

I have been informed that the three arrested persons were blind folded during their arrest and their hands were tied together with rope. They were later tortured in the Shibganj police station and in the office of the Superintendent of Police (SP) before being detained. It has been alleged that the victims, who cannot walk properly due to the torture, have been deprived of proper medical treatment in the prison.

I have also been informed that the Member of Parliament (MP) of the local constituency, Mr. Shahjahan Mian, influenced the Magistrates not to grant bail to the three persons.

In light of this, I request that you ensure a fair and thorough investigation into the alleged conduct of the police and the MP.  If it is found that the alleged perpetrators committed crimes against the victims, then they must be made accountable for their actions and if found guilty of arbitrary arrest, detention and torture, indicted under the prevailing domestic laws of Bangladesh.  During the investigation of the police protection must be afforded to the victims. 
 
Such action by the police and politicians is taking place more and more frequently in many parts of Bangladesh. This reflects the lack of commitment and training many police officers have in terms of handling people without the need to resort to drastic and violent measures. It also demonstrates the excessive powers politicians wield and abuse and the corruption that is evident in the system.

Therefore, I urge government officials in Bangladesh to consider reforming their current law enforcement system by introducing better training programmes for the police and other government officers and to make them more accountable for the abuses they have committed against ordinary citizens of Bangladesh. I also urge all politicians to uphold the rule of law and to encourage and support all law enforcers in the country to do likewise.

I look forward to your urgent intervention in this matter.

Yours sincerely,
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PLEASE SEND LETTERS TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
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. Md. Lutfozzaman Babor MP
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. 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

4. 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

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

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

7. 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

8. 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

9. 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

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Update
Document ID :
UP-013-2006
Countries :
Issues :
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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.