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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-036-2006
ISSUES: Democracy, Freedom of association, Freedom of expression,

[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]
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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
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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-013-2006UA-041-2006UP-013-2006UP-020-2006and 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.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ______________, 

BANGLADESHProbe 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,


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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 : Bangladesh,
Issues : Democracy, Freedom of association, Freedom of expression,