Home / News / Urgent Appeals / UPDATE (Bangladesh): Probe Commissions inaction into the Chapainawabganj conflict
 

UPDATE (Bangladesh): Probe Commissions inaction into the Chapainawabganj conflict

February 27, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

27 February 2006

[RE: UA-013-2006: BANGLADESH: Two people killed and thirty-five injured by police fire in Chapainawabganj district; UA-041-2006: BANGLADESH: Eight people killed and at least one hundred injured by police fire in Chapainawabganj district; UP-016-2006: BANGLADESH: Three detained and tortured leaders have been released from prison in Chapainawabganj; UP-020-2006: BANGLADESH: Transfer of the Executive Officer of Shibganj falls well short of appropriate punishment; UP-025-2006: BANGLADESH: Probe Commission has not yet started its investigation into the Chapainawabganj conflict]
-----------------------------------
UP-036-2006: BANGLADESH: Probe Commission’s inaction into the Chapainawabganj conflict

BANGLADESH: Arbitrary arrest; Torture; Deprivation of medical treatment; Collapse of rule of law
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the Chapainawabganj conflict in Bangladesh (To see the background of the incidents, please refer to: UA-013-2006; UA-041-2006; UP-013-2006; UP-020-2006 and UP-025-2006). According to the latest information we have received, the Probe Commission formed by the Bangladesh government on 24 January 2006 to investigate into the recent conflict in Chapainawabganj is delaying to submit or disclose its report to any authority, which is a violation of the government’s instruction.
 
According to the Task Force against Torture (TFT) of Rajshahi district, the government directed the leading figures of the Probe Commission to report their findings within seven days however the Commission only started its investigation two weeks after the conflict first began and has not yet submitted or disclosed the report to any authority even though one month has already passed since the incident. It is fear that such unreasonable delay by the Commission will provide enough time so that the evidence of the police brutality can be destroyed or will fade away. This also illustrates the Commission’s lack of will to solve the prevailing problems that have arisen as a result of the acts taken by those with the authority. For the government to establish the Commission but then not to pressure it to report efficiently and effectively likewise shows a lack of commitment by government officials to ensure that justice is brought to this case.

Meanwhile, several civic groups, including human rights defenders and civil society leaders, have already investigated the incident and found that the Deputy Commissioner (DC), Superintendent of Police (SP) of the district, the Member of Parlaiament (MP) of the constituency, Upazilla Nirbahi Officer (UNO), Officer-in-Charge (OC) of the Shibganj Police Station and the General Manager (GM) of the Palli Biddut Samiti (Rural Electricity Centre) are the key responsible persons for the tragedy in Chapainawabganj. The government has transferred the DC and SP of Chapainawabganj district, Mr. Nurul Islam and Mr. Rezaul Karim respectively, from their positions due to their involvement in this incident. However, apart from these light changes, no constructive action has been taken by the government against those responsible. Moreover, no legal complaint has been lodged against any of those responsible for the incident.     

The AHRC has also been informed that the two cases lodged against the three thousand villagers at the Shibganj Police Station have been withdrawn by the government following the victims’ repeated demands. A seven-member committee has been formed to chalk out the procedures of the withdrawal of the cases. The Committee, headed by the District Magistrate (DM), consists of the Superintendent of Police (SP), the Civil Surgeon (CS), the Public Prosecutor (PP), the President of District Bar Association and two selected members of the Palli Biddut Subscribers Development Association. On 26 February 2006, the Mayor of the adjacent Rajshahi City Corporation, Mr. Mizanur Rahman Minu, who was assigned by the government to look after the administrative functions of the Chapainawabganj district, had declared the above decision on behalf of the government and was assured that following the recommendation of the Committee the Ministry of Home Affairs would withdraw the two cases lodged against the villagers within 20 hours of receiving the Committee’s report.

Meanwhile, two families of the deceased victims have received Taka 150,000 (around USD 2,166) each and eight injured victims have been given Taka 20,000 (around USD 289) as compensation. Furthermore, the rural electrification authority has reduced its minimum subscription rate from Taka 110 (USD 1.59) to Taka 65 (USD 0.94) for the subscribers of the area.

While welcoming some positive progress in this matter, the AHRC has a strong view that an independent judicial investigation headed by a Justice of the Supreme Court must be conducted into all of the incidents that occurred in Chapainawabganj district. Legal action should be taken against those found to have violated the law in order to deliver justice to the victims since the Probe Commission seems to be incapable of doing so. This kind of investigation must be launched immediately without further delays.


SUGGESTED ACTION:

Please send letters immediately to the Prime Minister, who is also in charge of the Ministry of Establishment, and the other authorities listed below urging them to take prompt action to investigate the Chapainawabganj conflict and reveal the report of the Probe Commission. Please also urge them to establish an alternative investigative body headed by a Justice of the Supreme Court to enquire into this matter without further delay, as the Probe Commission looks incapable of publishing its report promptly and efficiently.

Suggested letter:

Dear ______________,

BANGLADESH: Probe Commission should submit its investigation report into the Chapainawabganj conflict; An independent judiciary investigation should also be conducted

I am writing to express my concern regarding the negligence of the Pobe Committee formed by the Bangladesh government, to investigate the incident of police atrocities which took place in Shibganj of Chapainawabganj district in Bangladesh in January 2006.

According to the latest information I have received, the Commission only started its activities two weeks after the conflict first began and has not yet submitted or disclosed its report to any of the relevant authorities in violation of the government’s instruction, which directed the Commission to submit the report within seven days. As a result, over one month has already passed since the incident yet there has been little progress to settle this matter. No strong disciplinary or legal action has been taken by the government against those responsible for the Chapainawabganj incident.

Such unreasonable delay by the Commission will provide enough time so that the evidence of police brutality can be destroyed or will fade away and the perpetrators can escape from punishment. It also illustrates the Commission’s lack of will to solve the prevailing problems that have arisen concerning the law enforcement officers.

Furthermore, I am very concerned that nothing has been done to identify the perpetrators who were allegedly involved in the incidents and no case has been filed against those responsible for the Chapainawabganj incident. Considering the graveness of the incident, resulting in the death,  torture, arbitrary arrest and detention of many citizens, such negligence by the Probe Committee members and the Bangladesh government ensures the perpetrators remain unpunished and indirectly condones their illegal act and prevents the victims from receiving justice in the end.  

In light of this, I urge that you to take immediate action to investigate the Chapainawabganj conflict. I ask you to establish an independent judiciary investigative body headed by a Justice of the Supreme Court since the Probe Commission is incapable of conducting the enquiry properly and efficiently. I also urge you to prosecute and punish the guilty parties according to national and international laws. If the alleged perpetrators are found to be guilty regarding the arbitrary arrest, detention, torture and extra-judicial killings of the civilians, they must be made accountable.  

I was also informed that the two cases lodged against the 3,000 villagers will be withdrawn by the Ministry of Home Affairs within 20 hours of receiving a report from a seven-member committee, which was formed on 26 February 2006 to chalk out the withdrawing procedures of the two cases. Protection must be provided to ensure the security of the victims after the cases have been withdrawn.

I am also pleased to hear that two of deceased’s’ families have received Taka 150,000 each and eight of the injured victims have received Taka 20,000 each as compensation. Please ensure that compensation is provided to all the victims and their families without further delay.

I look forward to your urgent intervention in this matter.

Yours sincerely,


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

PLEASE SEND LETTERS TO:

1. 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

2. 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

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
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
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 Alam 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.Safir 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 (ua@ahrchk.org)
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-036-2006
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.