Home / News / Urgent Appeals / UPDATE (Bangladesh): Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop
 

UPDATE (Bangladesh): Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop

March 28, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

29 March 2006

[RE: UP-058-2006: BANGLADESH: Police seriously intimidate and threaten victim, her husband and her witnesses; UA-105-2006: BANGLADESH: Pregnant woman tortured by police in Dhaka]
-----------------------------------
UP-062-2006: BANGLADESH: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop

BANGLADESH: Torture; arbitrary arrest; harassment; lack of witness protection; intimidation; threats; rule of law
------------------------------------------------------
Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of Mrs. Shahin Sultana Santa, a woman who we reported was tortured by the police in Dhaka, despite being pregnant and who has since had three fabricated cases filed against her and who is now receiving credible threats – including death threats – by her alleged perpetrators. We have now learned that Santa, on the advice of her doctors, has had to abort her unborn child as a result of the torture inflicted on her. We have also learned that Santa, her husband and the witnesses in her case are continuing to face threats by the police, who have warned her that she may face ‘crossfire’ by the Rapid Action Battalion (RAB). Such threats have occurred despite a prohibition having been ordered by the Bench of the High Court Division of the Supreme Court stating that no further harassment is to be directed at Santa. Further, the order states that if the police do so, they will be charged accordingly. Despite this the harassment continues to occur.

On March 26, Santa was advised by her physicians to have an abortion owing to injuries caused as a result of the torture inflicted on her. On March 28, Santa appeared before a press conference at the National Press Club in Dhaka declaring that she was an 'ill-fated mother' who had forcibly lost her baby. She made an appeal to the Prime Minister of the country to ensure her security due to the repeated death threats made against her from the perpetrators belonging to the law enforcing agents. Santa spoke of her serious concern that she will be the victim of ‘crossfire’ by the RAB if intervention is not forthcoming. She cannot send her son to school due to the security threat.

Meanwhile, a Bench of the High Court Division of the Supreme Court of Bangladesh directed the law enforcing agencies, including the Inspector General of Police (IGP) and the alleged perpetrators, not to harass Santa in any way nor enter the house of her or her family’s, following a writ petition by the victim. The respondents of the ruling are the Secretary of the Home Ministry, the IGP, the Deputy Commissioners (DC) Mr. Mazharul Haque and Mr. Kohinoor Mian, and the Officers-in-Charge (OC) of Dhanmondi and Mohammadkpur police stations. The High Court Bench ordered them to show cause as to why the inhuman and cruel behaviour of the police on Santa should not be declared a violation of the constitution, the Police Regulation of Bengal and relevant laws. These causes must be submitted within two weeks. The ruling also ordered the respondents to show cause as to why they should not be directed to ensure that the petitioner would not be harassed or arrested in various forms, including filing cases in the name of fictitious complainants.

Despite the ruling by the High Court, today (March 29), police Inspector, Mr. Nabo Jyoti Khisha, who is the Officer-in-Charge (OC) of the Chatkhil police station under Noakhali district, threatened one of Santa’s witnesses, Mr. Omar Farukh Keru, saying that he plans to implicate him in ten cases for having testified before the Judicial Inquiry Committee on March 28. The OC called from a mobile (no. 0176 312773) to Mr. Omar's mobile at around 11am. Mr. Omar’s home district falls under the Chatkhil police station.

Santa's husband, Mr. Atiur Rahman, has stated today that the police and their associates have chased his family. At 10:40am this morning, Atiur went to his flat for about twenty minutes. Immediately after his departure from the house a group of police raided the area and looked for him, which he was informed about by his servants and neighbours. 

On March 28, the Judicial Inquiry Committee headed by a magistrate of the Chief Metropolitan Magistrate's (CMM) Court of Dhaka, Mr. Shafik Anwar, completed its recording of statements of the eight witnesses, along with Santa’s.

SUGGESTED ACTION:
Please write letters to the persons listed below urging them to intervene immediately so that the threats to and harassment of the victim, her husband and the witnesses in her case are stopped. The police must abide by the ruling of the High Court; this however, appears not to be happening and therefore the authorities must intervene. Please also urge the authorities to ensure appropriate security to the victim and her family and also to the witnesses in her case. Please ask that a speedy trial is ensured in this case so that justice can prevail and those responsible can be held to account for the heinous crimes they have committed. Please also ask that appropriate compensation be paid to the victim.

Suggested letter:

Dear _______________,

BANGLADESH: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop

Name of victim: Mrs. Shahin Sultana Santa (34), wife of Mr. Atiur Rahman (a lawyer by profession), living in house number 7/A (3rd Floor), Road number 10, Mohammadia Housing Society under Mohammadpur police station in Dhaka
Name of alleged perpetrators:
1. Mr. Mazharul Haque, Deputy Commissioner of Police (South Zone), Dhaka Metropolitan Police (DMP)
2. Mr. Kohinur Mian, Deputy Commissioner of Police (West Zone), Dhaka Metropolitan Police (DMP)
3. Mr. Ruhul Amin, Police Constable of the Dhaka Metropolitan Police (DMP)
4. Around 20/25 police personnel of the Dhaka Metropolitan Police (DMP)
Date of incident: 12 March 2006
Place of incident: Mirpur Road, in between Manik Mian Avenue and Road number 27 of Dhanmondi R/A in Dhaka

I am writing to voice my disgust at the inexcusable treatment of a victim of torture, who now continues to face threats and intimidation by her perpetrators and who has since lost her unborn child as a result of the injuries she incurred following her brutal beating. Mrs. Shahin Sultana Santa, a woman who was tortured by the police in Dhaka, despite being pregnant and who has since had three fabricated cases filed against her, is now receiving credible threats – including death threats – by her alleged perpetrators. This, despite a prohibition having been ordered by the Bench of the High Court Division of the Supreme Court stating that no further harassment is to be directed at Santa. Further, the order states that if the police do so, they will be charged accordingly.

On March 26, Santa was advised by her physicians to have an abortion owing to injuries caused as a result of the torture inflicted on her. On March 28, Santa appeared before a press conference at the National Press Club in Dhaka declaring that she was an 'ill-fated mother' who had forcibly lost her baby. She made an appeal to the Prime Minister of the country to ensure her security due to the repeated death threats made against her from the perpetrators belonging to the law enforcing agents. Santa spoke of her serious concern that she will be the victim of ‘crossfire’ by the RAB if intervention is not forthcoming. She cannot send her son to school due to the security threat.

Meanwhile, a Bench of the High Court Division of the Supreme Court of Bangladesh directed the law enforcing agencies, including the Inspector General of Police (IGP) and the alleged perpetrators, not to harass Santa in any way nor enter the house of her or her family’s, following a writ petition by the victim. The respondents of the ruling are the Secretary of the Home Ministry, the IGP, the Deputy Commissioners (DC) Mr. Mazharul Haque and Mr. Kohinoor Mian, and the Officers-in-Charge (OC) of Dhanmondi and Mohammadkpur police stations. The High Court Bench ordered them to show cause as to why the inhuman and cruel behaviour of the police on Santa should not be declared a violation of the constitution, the Police Regulation of Bengal and relevant laws. These causes must be submitted within two weeks. The ruling also ordered the respondents to show cause as to why they should not be directed to ensure that the petitioner would not be harassed or arrested in various forms, including filing cases in the name of fictitious complainants.

Despite the ruling by the High Court, today (March 29), Police Inspector, Mr. Nabo Jyoti Khisha, who is the Officer-in-Charge (OC) of the Chatkhil police station under Noakhali district, threatened one of Santa’s witnesses, Mr. Omar Farukh Keru, saying that he plans to implicate him in ten cases for having testified before the Judicial Inquiry Committee on March 28. The OC called from a mobile (no. 0176 312773) to Mr. Omar's mobile at around 11am. Mr. Omar’s home district falls under the Chatkhil police station.

Santa's husband, Mr. Atiur Rahman, has stated today that the police and their associates have chased his family. At 10:40am this morning, Atiur went to his flat for about twenty minutes. Immediately after his departure from the house a group of police raided the area and looked for him, which he was informed about by his servants and neighbours. 

I am aware that on March 28, the Judicial Inquiry Committee headed by a magistrate of the Chief Metropolitan Magistrate's (CMM) Court of Dhaka, Mr. Shafik Anwar, completed its recording of statements of the eight witnesses, along with Santa’s.

Owing to the seriousness of this case, and to the grave danger the victim, her husband and her witnesses continue to face, I call on you now seeking your intervention. Measures must be taken to immediately stop and prevent the threats to and harassment of the victim, her husband and the witnesses in her case. The police must abide by the ruling of the High Court and not ignore it, as clearly they have done in recent days. Appropriate security must be provided to the victim and her family and also to the witnesses in her case. A speedy trial must also be ensured in this case so that justice can prevail and those responsible can be held to account for the heinous crimes they have committed. Appropriate compensation should also be afforded to the victim.

While I very much welcome the action taken by the High Court regarding its ruling on the law enforcing agencies, if that order cannot be enforced, then it is merely words and the victim is no safer despite this measure. Therefore, I trust that you will intervene in this case before any further threats or any other action of a more serious nature occurs and to uphold the positive action taken by the High Court.

Yours sincerely,
_____________________

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Begum Khaleda Zia
Honourable Prime Minister &
Minister for Establishment
Prime Minister's Office
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)

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

3. 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

4. Mr. Md. Lutfozzaman Babor MP
State Minister
The Ministry of Home Affairs
Government of the Peoples’ Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O)/ +88-02-8359000 (R)
Fax: +88-02-7160405/ +88-02-7164788 (O)

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

6. Mr. M A Aziz Sarkar
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +88-02- 8962884 (O)
Cell: +88 011-816205, +88 011-818245, +88 0172993105
E-mail: rabhqbd@yahoo.com

7. Mr. SM Mizanur Rahman
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)

8. Mr. Anwarul Karim
Joint Seceretary (Police)
Ministry of Home Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7164680 (O)/ +88-02-8953012 (R)
Fax: +88-02-7171592 (O)

9. 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

10. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms. Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (Attn: Special Rapporteur on Violence against Women)
Email: lohanlon@ohchr.org

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-062-2006
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.