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UPDATE (Bangladesh): Court orders supplementary investigation following disputed Judicial Probe Commission report

April 26, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

25 April 2006

[RE: UP-083-2006: BANGLADESH: Police defy High Court order by continuing to make threats; UP-062-2006: BANGLADESH: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop; 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-096-2006: BANGLADESH: Court orders supplementary investigation following disputed Judicial Probe Commission report

BANGLADESH: Torture; arbitrary arrest; harassment; lack of witness protection; intimidation; threats; collapse of 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. (Please see UA-105-2006). We have now learned that the Fourth Special Tribunal for Prevention of Women and Children Repression of Dhaka directed the Chief Metropolitan Magistrate (CMM) of Dhaka to submit a supplementary investigation report regarding Santa's case. The judge directed the order following a 'Naraji' (No-confidence) petition by the plaintiff against the judicial probe commission's report submitted to the court by Magistrate Mr. Shafique Anwar on April 30. This was the result of the judicial probe commission's report providing misinformation as well as omitting important details.

On 24 April 2006, the Magistrate of the Fourth Special Tribunal for Prevention of Women and Children Repression of Dhaka, Ms. Kaniz Akhter Nasrina Khanam, directed the Chief Metropolitan Magistrate (CMM) of Dhaka to submit a supplementary probe report within seven working days following a 'Naraji' (No-confidence) petition by the complainant regarding the investigation report, which was submitted to the Court on March 30, conducted by Magistrate Mr. Shafique Anwar. The Magistrate also directed the CMM to collect information regarding Santa's going to the police station to file the case before it was lodged with the CMM's Court, which was not mentioned in the probe commission's report.

Meanwhile, the victim alleges that the report made by the judicial probe commission contains additional information, which was not said by her witnesses, and important information that was provided was omitted. For instance, Santa said that one of the witnesses, Mr. Omar Faruk Keru, told the judicial probe commission that while he was passing the scene he saw a group of police beating a woman on the street before taking her into a police van. Others, he said, also witnessed this scene. Santa said that Mr. Omar made this statement during her presence. The judicial probe commission added that while passing through the place Omar ‘saw around 5000 people gathered there'. Santa asserted that Omar did not say about "5000 people" in his statement. On the other hand, Omar told the judicial probe commission that the Deputy Commissioner (DC) of the Dhaka Metropolitan Police (DMP), Mr. Kahinoor Mian, was more aggressive and was directing his colleagues to beat the lady (Santa), but that information was absent in the report of the judicial probe commission.

Santa also noted changes to the buildings and area where the attack against her took place. Santa alleges that she learned that DC Mr. Kohinoor Mian paid the owners of the shops and buildings to alter the appearance of the area with a view to change the circumstantial evidence of the place of incident. She also alleges that the police are continuing to harass the witnesses in her case.

The 14 respondents, including the Secretary of Home Ministry and the Inspector General of Police have not yet submitted their explanations following the directions by the High Court Bench despite almost one month having now passed.

SUGGESTED ACTION:

Please write letters to the persons listed below urging them to intervene immediately so that the probe commission ensures a fair and impartial investigation following the Court's order to submit a supplementary investigation report avoiding distortion of information. Please insist that the police stop their harassment of the victim and witnesses in accordance with the ruling of the High Court, and stop tampering with the evidence. 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 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. Please also ask that appropriate compensation be paid to the victim.

Suggested letter:

Dear _______________,

BANGLADESH: Court orders supplementary investigation following disputed Judicial Probe Commission report

Name of victim:
1. Mrs. Shahin Sultana Santa (34), resident of 7/A (3rd Floor), Road number 10, Mohammadia Housing Society under Mohammadpur police station in Dhaka
2. Mr. Atiur Rahman (Santa’s husband)
3. Witnesses in Santa’s cases
4. Dr. Belal Hossain (Santa’s doctor)
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. Mr. Kawsar Ahmed Haidari, Additional Special Superintendent of Police of the Criminal Investigation Department (CID), Dhaka.
5. Around 20 to 25 police personnel of the Dhaka Metropolitan Police (DMP)
Date of original incident: 12 March 2006
Place of original incident: Mirpur Road, in between Manik Mian Avenue and Road number 27 of Dhanmondi R/A in Dhaka

I am writing to express my deep concern at the ongoing and inexcusable treatment of a victim of torture, who is now being denied the right to a fair investigation into her case, even with the intervention of a judicial probe commission.

According to the information I have received, on April 24, the Magistrate of the Fourth Special Tribunal for Prevention of Women and Children Repression of Dhaka directed the Chief Metropolitan Magistrate (CMM) of Dhaka to submit a supplementary probe report within seven working days following a 'Naraji' (No-confidence) petition by the complainant, Santa, regarding the investigation report, which was submitted to the Court on March 30, conducted by Magistrate Mr. Shafique Anwar. The Magistrate also directed the CMM to collect information regarding Santa's going to the police station to file the case before it was lodged with the CMM's Court, which was not mentioned in the probe commission's report.

I have also learned that the judicial probe commission distorted its report through misinformation as well as the exclusion of a statement of one of the witnesses of Santa's case. I have been informed that one of the key perpetrators, the Deputy Commissioner (DC) of the Dhaka Metropolitan Police (West Zone) Mr. Kohinoor Mian paid money to alter the appearance of the shops and buildings surrounding the crime scene with a view to changing the circumstantial evidence.

I am aware that the Bench of the High Court Division directed 14 officials, including the Secretary of the Home Ministry and the Inspector General of Police to show cause as to why they should not be charged for violation of the constitution and relevant laws of the country. The respondents of the ruling were asked to submit their answers within two weeks from the date of issuance of the direction. Despite this deadline having now passed, no such answers have been forthcoming.

Owing to the seriousness of this case, and due 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 distortion of the judicial probe commission's report. I also urge you to ensure the harassment of the victim and the witnesses is stopped. Appropriate security must also be provided to the victim and her family and also to the witnesses in her case. The judicial probe commission must be fair in its investigation and 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.

The action taken by the High Court regarding its ruling on the law enforcing agencies has not been enforced. As a result, its order has proven useless, as 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 take measures to ensure that the positive action taken by the High Court is upheld.

Yours sincerely
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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Begum Khaleda Zia
Prime Minister
Government of the People's Republic of Bangladesh
Office of the Prime Minister
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
Chief Justice
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
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. Mr. Md. Lutfozzaman Babor MP
State Minister
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. 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)

7. Mr. Jalal Ahmed
Chief Metropolitan Magistrate
Metropolitan Magistrate Court of Dhaka
Dhaka-1100
BANGLADESH
Tel: +88 02 7173707 (O)
Fax: +88 02 7114470 (On request to the Office of ADC Prosecution)

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. 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-096-2006
Countries :
Issues :
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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.