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UPDATE (Bangladesh): Continuous police harassment of tortured women: Grave concern for her safety

March 21, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

21 March 2007

[RE: UP-026-2007: BANGLADESH: Court rejected bail petition of a man who made death threats to Santa's husband; UP-024-2006: BANGLADESH: Torture victim Santa and her husband are under extreme death threats; UP-207-2006: BANGLADESH: Court dismissed Santa's another case against the policemen; UP-183-2006: BANGLADESH: Santa's life is under extreme threat of death now; UP-181-2006:Santa’s family facing harassment by the Wazirpur police in Barisal; UP-114-2006: Safety measures must be taken to ensure the lives of Shahin Sultana Santa and her husband; UP-112-2006: Court dismisses charges against alleged perpetrators; UP-101-2006: Judicial Probe Commission ignores specific complaint against the Mohammadpur police; UP-096-2006: Court orders supplementary investigation following disputed Judicial Probe Commission report; UP-083-2006: Police defy High Court order by continuing to make threats; UP-062-2006: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop; UP-058-2006: Police seriously intimidate and threaten victim, her husband and her witnesses; UA-105-2006: Pregnant woman tortured by police in Dhaka]
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UP-040-2007: BANGLADESH: Continuous police harassment of tortured women: Grave concern for her safety

BANGLADESH: Denial of justice to torture victim; violation of right to fair trial; constant threats and intimidation; harassment in fabricated charges; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned about the security of Mrs. Shahin Sultana Santa, a torture victim who was brutally attacked by the police of the Dhaka Metropolitan Police (DMP) on 12 March 2006. According to the latest information, Mrs. Santa has been implicated with fabricated criminal charges by both the police and other private groups. The police have been continuously raiding her house day and night between March 11 and March 15, and have attempted to arrest her. She and her family are now in hiding out of fear for their lives and from the real possibility of being tortured and held under illegal detention. We again call for your strong intervention in this case to stop the illegal harassment of Mrs. Santa and her family. These threats and intimidation tactics continue despite a high court injunction ordering them to stop. The AHRC is extremely concerned about the security of Mrs. Santa and Mr. Atinur and seeks your support in helping this defenceless family live in peace.  

UPDATED INFORMATION:

The police are now harassing Mrs. Shahin Sultana Santa with pending fabricated charges. On 11 March 2007, a group of police from the Adabor police station led by Sub Inspector (SI) Mr. Sher Alam, raided Santa’s house at around 12:10 pm. About 20 policemen cordoned the entire area of Santa’s flat. The policemen were allegedly shouting and using abusive language towards Santa from the street and the staircase of the building. They were asking her to open the main door of the flat. As Santa was late opening the door since she was scared and was alone with her son and maid, the policemen started to kick on the door attempting to break in and enter the house. As soon as she opened the door, S I Mr. Alam along with three armed policemen entered the house. They used abusive language on Santa and presented an arrest warrant. The police informed her that the warrant was issued by the CMM Court for her involvement in a case filed by the Dhanmondi police station of the Dhaka Metropolitan Police (No. 12, dated: 12 March 2006, under section 143, 323, 435, 427).  The case was lodged by a bus driver named Mr. Md. Anis who was driving a police requisite bus on the day of torture on Santa.

Santa then mentioned the directions of the High Court Division Bench "not to arrest, harass and enter into the house" and appealed to the police officer not to do so. She explained that her husband was hiding in fear of his life and is receiving continuous death threats from terrorists and unknown persons.  She pleaded with the officers that if she was arrested then there would be nobody to take care of her eleven year-old son Mehrab Afridi Momin. Following the repeated request the police officer was obstinate. Then, Santa urged the police to arrest her with her son, if they have any legal authority to do so or wait for three more days so that she can try to receive bail from the Chief Metropolitan Magistrate's (CMM) Court of Dhaka. Finally, the police left the house saying that after three days they would come again to finish their duty and arrest her.

The following day (March 12), Santa went to the CMM Court seeking bail from there. The Metropolitan Magistrate, Mr. Md. Shafik Anwar, granted bail to her. As soon as she came out of the Court room of Magistrate Mr. Shafik Anwar a lawyer, who was known to her, informed Santa that the police have submitted a Charge Sheet against her in another case (No. 22, dated: 12 March 2006, under section: 147, 148, 149, 332, 333, 353 and 427 of the Penal Code; lodged by S I Mr. Ziaur Rahman of the Mohammadpur police station).  This case was filed by the Mohammadpur police station and could cause her to be arrested at any time. Since it was late and the period for lodging bail petitions had ended for the day, Santa had no way to get bail in the case and left the Court for home. On the way, she came to know that the police were deployed around her house while her son was inside with the maid. Realising the possible harassment she did not go back home and requested her maid to take care of her son for the night. Spending a sleepless night at a friend's house, she went to the CMM Court to seek bail once again the following morning (March 13). The Metropolitan Magistrate of Court No.11 granted bail to her responding to her appeal.

BACKGROUND INFORMATION:

Mrs. Santa's harassment began soon after her husband's development projects were targeted by police. Four criminal cases (a. Case No. 81, dated 23 February 2007, under section: 419, 420, 468, 471, 385 and 506 of the Penal Code, complainant: Mr. Khandokar Ruhul Amin; b. Case No. 90, dated 26 February 2007, under section: 419, 420, 467, 468, 471, 406, 385, 506 and 109 of the Penal Code, Complainant: Mr. Abdul Wahed; c. Case No. 92, dated 27 February 2007, under section: 419, 420, 467, 468, 471, 406, 385, 506 and 109 of the Penal Code, Complainant: Mr. Mahbub Alam; and d. Case No. 1, dated 1 March 2007, under section: 419, 420, 467, 468, 471, 406, 385, 506 and 109 of the Penal Code, Complainant: Mr. Md. Iqbal Hossain) have been lodged by the Jatrabari police station against Santa's husband Mr. Atiur Rahman regarding a land dispute with a group of persons where Mrs. Santa was implicated in all four cases. Mrs. Santa alleges that the perpetrators (police officers) of her torture cases might have encouraged the complainants to lodge the case against her. Mr. Atiur claims that he bought land at the Jatrabari area under the Jatrabari police station a couple of years ago when he was developing the property.

Then the Jatrabari police, having been bribed by a group of unknown persons, went to the land, beat the construction labourers and tenants, seized construction materials and destroyed the ongoing projects. On 4 March 2007, Atiur issued a legal notice to the Officer-in-Charge (OC) of the Jatrabari police station, Mr. Kazi Ahsan Habib, and Sub Inspector (SI), Mr. Abdul Karim, who was responsible for the police attack on his land. He sent another legal notice, on 18 February 2007, to the Secretary of Home Ministry, Inspector General of Police (IGP), Deputy Inspector General of Police, the Commissioner of the Dhaka Metropolitan Police (DMP), the Deputy Commissioner of the Wari Zone of the DMP and the OC and SI of the Jatrabari police for their alleged unlawful entrance into his house, intimidation, as well as an attempt to evacuate the inhabitants and tenants of the house, claim of bribe and toll, threat of implication with fabricated charges and cheating despite the Court’s directions of not doing so.

For the consecutive violation of laws by the law-enforcing agents Advocate Atiur lodged a petition case (No. 403, under section: 161, 385, 380, 448, 506, 409, 323, 447, 420, 506 and 34 of the Penal Code) on 11 March 2007 with the CMM Court of Dhaka against the OC of the Jatrabari police station and SI Mr. Abdul Karim. The Court directed the Additional IGP of the Criminal Investigation Department (CID) to take legal initiatives regarding this case.

As a Judge of the Women and Children Repression Prevention Special Tribunal-4, Ms. Kaniz Akter Nasrina Khanam discharged Santa's petition case (No. 23/2006) against the police on 21 May 2006.  Santa lodged a Revision Case with the Metropolitan Session Judges Court of Dhaka on 12 November 2006 (Please see: UP-112-2006 for further details). Initially, the Court fixed 4 January 2007 for the "full hearing" of the Revision Petition, and now it is dragging on. Since then, the Judge of the Court, Mr. Momin Ullah Patwari, has not yet heard the petition after giving several excuses.  A date has now been set for the hearing on 21 March 2007.

Meanwhile, another petition case (No. 312/2006) of Santa against the alleged police officers was also dismissed by the Chief Metropolitan Magistrate (CMM Court) on 27 September 2006 following a distorted and farcical investigation report by the Special Superintendent of Police (SSP) of the Criminal Investigation Department (CID), Mr. Kawsar Ahmed Haidori (For further details, please see: UP-207-2006).

In the investigation report, the SSP Mr. Haidori concluded that the allegations against the senior police officers were not proved according to the statements of the witnesses. In order to come to this conclusion Mr. Haidori took statements from only five persons, excluding Santa and the medical doctor of the Dhaka Medical College Hospital (DMCH) Mr. Md. Belal Hossain, out of 12 witnesses whose names were mentioned in the compliant lodged by Santa. On the other hand, the investigator added statements of eleven persons as so called "impartial witnesses" who either defended the statements of the police officers or avoided the fact as it happened during the torture on Santa. Besides, the SSP also included the statements of 23 police personnel in his investigation report to nullify the fact of torture. Moreover, the investigation report asserts that Santa was taking part in the procession of the opposition political parties, who allegedly attacked the police and damaged vehicles resulting with a number of police casualties. Among these policemen two were complainants of the fabricated charges against Santa and the others were, in fact, involved in the torture of Santa and cover-up that followed.

The Magistrate of the CMM Court, Mr. Baki Billah, dismissed Santa's case following this investigation report conducted by SSP Mr. Haidori despite pictorial evidence regarding the torture that was published in most of the national daily’s and on video footage shown on television. Through the dismissal of Santa's cases, her right to justice was utterly denied by the concerned rule of law institutions of the state. An investigation was conducted by Inspector Rafiqul Islam of the Directorate General of Forces Intelligence (DGFI) in August 2006 following continuous intervention by the Asian Human Rights Commission (AHRC); however, no one knows whether the intelligence investigation produced any report or not. She only commuted between her house or unknown shelters (during her hiding out of fear for her life) and the Court rooms for about a year receiving continuous death threats from the police and unknown persons.

To see details of the original incident of torture and further development of this case, see also: UA-105-2006, UP-058-2006, UP-062-2006, UP-083-2006, UP-096-2006, UP-101-2006, UP-112-2006, UP-114-2006, UP-181-2006 and UP-207-2006.

From March 11 to 15, the police raided Santa's house despite the bail granted by the CMM Court. On 15 March at about 10:45 pm, when the police went to Santa’s house and found that the house was locked, they pasted paper on the door with writing that said "absconding criminal wanted". Having been informed about the police raid, Santa sent photocopies of the bail bonds to the guard of her house and called the Adabor police to collect the papers from the guard without harassing any person in the building. While talking to Santa S I Mr. Sher Alam of the Adabor police expressed his ignorance regarding Santa’s bail grants and told her that they will collect the papers from the guard house when it was confirmed by order of the court. The police, however, have not yet collected the copy of the bail bond till date. 

Meanwhile, Mrs. Santa's case filed against the police officers responsible for her torture has been dismissed from the CMM Court while a Revision petition has been dragging on in the Metropolitan Session Judge’s Court without progress. On the other hand, Santa has to appear before the Courts as an accused of the fabricated charges lodged against her by the police and their associates. On 20 March 2007, she has to appear at Court for case No. 12.  Santa is now extremely afraid for the safety of her son, her husband and her own.

SUGGESTED ACTION:

Please write to the relevant Bangladesh authorities listed below and demand their urgent intervention into this case. Please also urge them to provide safe environment to the victim and her family in no time.

Sample letter:

BANGLADESH: Continuous police harassment of tortured women: Grave concern for her safety

Name of the victims:
1. Mrs. Shahin Sultalna Santa, wife of Mr. Atiur Rahman, living in house no. 7/A, road no. 10, Mohammadia Housing Society under the Mohammadpur police station in Dhaka
2. Mr. Atiur Rahman, a lawyer by profession and husband of Mrs. Shahin Sultana Santa, who was brutally tortured by the police in Dhaka, living in house no. 7/A, road no. 10, Mohammadia Housing Society under the Mohammadpur police station in Dhaka
Alleged perpetrator (for the recent death threats): The police officers attached to the Adabor police station of the Dhaka Metropolitan Police (DMP).
Place of Incident: Dhaka, Bangladesh
Dates of Incident: 12 March 2006; March 11–15, 2007; ongoing

I am once again seriously concerned about the security of Mrs. Shahin Sultana Santa, a pregnant woman who was tortured by the police on 12 March 2006, which was well publicized by local media.

According to the latest information I have received, Mrs. Santa has been implicated with fabricated criminal charges by both the police and other private groups. The police have been continuously raiding her house day and night between March 11 and March 15, and have attempted to arrest her. She and her family are now in hiding out of fear for their lives and from the real possibility of being tortured and held under illegal detention.  We again call for your strong intervention in this case to stop the illegal harassment of Mrs. Santa and her family. These threats and intimidation tactics continue despite a high court injunction ordering them to stop.  The AHRC is extremely concerned about the security of Mrs. Santa and Mr. Atinur and seeks your support in helping this defenceless family live in peace.  

I have learned that on 11 March 2007, a group of police from the Adabor police station led by Sub Inspector (SI) Mr. Sher Alam, raided Santa's house at around 12:10 pm. About 20 policemen cordoned the entire area of Santa's flat. The policemen were allegedly shouting and using abusive language towards Santa from the street and the staircase of the building. They were asking her to open the main door of the flat. As Santa was late opening the door since she was scared and was alone with her son and maid, the policemen started to kick on the door attempting to break in and enter the house. As soon as she opened the door, S I Mr. Alam along with three armed policemen entered the house. They used abusive language on Santa and presented an arrest warrant. The police informed her that the warrant was issued by the CMM Court for her involvement in a case filed by the Dhanmondi police station of the Dhaka Metropolitan Police (No. 12, dated: 12 March 2006, under section 143, 323, 435, 427).  The case was lodged by a bus driver named Mr. Md. Anis who was driving a police requisite bus on the day of torture on Santa.

I also know that Santa then mentioned the directions of the High Court Division Bench "not to arrest, harass and enter into the house" and appealed to the police officer not to do so. She explained that her husband was hiding in fear of his life and is receiving continuous death threats from terrorists and unknown persons.  She pleaded with the officers that if she was arrested then there would be nobody to take care of her eleven year-old son Mehrab Afridi Momin. Following the repeated request the police officer was obstinate. Then, Santa urged the police to arrest her with her son, if they have any legal authority to do so or wait for three more days so that she can try to receive bail from the Chief Metropolitan Magistrate’s (CMM) Court of Dhaka. Finally, the police left the house saying that after three days they would come again to finish their duty and arrest her.

The following day (March 12), Santa went to the CMM Court seeking bail from there. The Metropolitan Magistrate, Mr. Md. Shafik Anwar, granted bail to her. As soon as she came out of the Court room of Magistrate Mr. Shafik Anwar a lawyer, who was known to her, informed Santa that the police have submitted a Charge Sheet against her in another of case (No. 22, dated: 12 March 2006, under section: 147, 148, 149, 332, 333, 353 and 427 of the Penal Code; lodged by S I Mr. Ziaur Rahman of the Mohammadpur police station).  This case was filed by the Mohammadpur police station and could cause her to be arrested at any time. Since it was late and the period for lodging bail petitions had ended for the day, Santa had no way to get bail in the case and left the Court for home. On the way, she came to know that the police were deployed around her house while her son was inside with the maid. Realising the possible harassment she did not go back home and requested her maid to take care of her son for the night. Spending a sleepless night at a friend’s house, she went to the CMM Court to seek bail once again the following morning (March 13). The Metropolitan Magistrate of Court No.11 granted bail to her responding to her appeal.

I have now heard that Santa is extremely afraid for the safety of her son, her husband and her own life. I therefore request that you to start a prompt and through investigation about these allegation and ensure that the Dhaka Metropolitan Police stop further harassment of Mrs. Santa and her family. I also request that you take adequate action in ensuring speedy and fair trials in Mrs. Santa's cases. I further urge the Government to establish an independent avenue where crimes allegedly committed by state actors are fairly and properly investigated. 

Yours truly,

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PLEASE SEND YOUR LETTER TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of
Office of the Chief Adviser
Old Parliament House
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490

2. Mr. Mohammad Ruhul Amin 
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

3. Barrister Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88 02 9562868
Fax: +88 02 9561568

4. Barrister Moinul Hossain
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O)

5. Mr. Nur Mohammad
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88 02 9562054(O)/ +88 02 7176451/ +880 2 7176677
Fax: +88 02 9563362 (O)/ +88 02 9563363

6. Mr. Nayeem Ahmed
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746 (O)/ +88-02- 8316248
Fax: +88-02-8322746 (O)

7. Mr. Shahidul Islam Bhuyan
Deputy Commissioner of Police (Prosecution)
Chief Metropolitan Magistrate’s (CMM) Court of Dhaka
Office of the DC Prosecution
CMM Court Premises
Johnson Road, Dhaka-1100
BANGLADESH
Tel: +880 2 7116188 (Off), +880 2 9880655 (Res)
Fax: +880 2 7114470
 
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 (ATTN: SPECIAL RAPPORTEUR TORTURE)

9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)  

Document Type :
Urgent Appeal Update
Document ID :
UP-040-2007
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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.