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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-062-2006
ISSUES: Torture,

[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]
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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
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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.

 

 

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

SAMPLE 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 : Bangladesh,
Issues : Torture,