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UPDATE (Bangladesh): Judicial Probe Commission ignores specific complaint against the Mohammadpur police

May 9, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

10 May 2006

[RE: UP-096-2006: BANGLADESH: Court orders supplementary investigation following disputed Judicial Probe Commission report; 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-101-2006: BANGLADESH: Judicial Probe Commission ignores specific complaint against the Mohammadpur police

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 Judicial Probe, established to investigate this case, failed to report the names of those police officers from the Mohammadpur police station who refused to accept Santa's complaint on four separate occasions. The Magistrate, Mr. Shafik Anwar, has to yet submit his 'supplementary probe report' responding to the order of the Fourth Special Tribunal for Prevention of Women and Children Repression of Dhaka directed by the Chief Metropolitan Magistrate (CMM) of Dhaka. This negligence and delay in submitting the judicial probe commission's report will only help in giving impunity to the alleged perpetrators, which will ultimately deny justice to the victim. The victim continues to receive threats from unidentified persons by phone demanding that she withdraw her case. 

On 2 May 2006, the Judicial Probe Commission headed by Magistrate, Mr. Shafik Anwar, took the statement of the complainant, Mrs. Shahin Sultana Santa. They also took statements from her husband and lawyer, Mr. Atiur Rahman, and two legal assistants, Mr. Nawsher and Mr. Sakhawat Hossain Chanu. The statements were in regards to Santa having attempted to lodge complaints with the police regarding her torture but being refused from doing so. In her statement Santa informed the judicial probe commission that on March 12, the Mohammadpur police ousted her from their office when she went to file her complaint. The following day (March 13), the Duty Officer Sub Inspector, Mr. Syed Nazrul Islam, also refused to accept her complaint. On March 17, the officer on duty Sub Inspector, Mr. Iqbal Hossain, did likewise, and on March 18, Sub Inspector, Mr. Jahangir Hossain, who was on duty at the police station, also refused to record Santa's complaint as a First Information Report (FIR) with the Mohammadpur police station. Having been rejected by the on duty officers Santa, along with her husband and two legal assistant went to the Officer-in-Charge (OC) and the Second Officer of the Mohammadpur police station, Mr. Shahanur Khan and Mr. Gias Uddin Ahmed respectively, but they too refused to record her case. 

Despite having listened to the statements made by Santa and her witnesses Mr. Anwar failed to note the names of the Duty Officers of the Mohammadpur police station. Mr. Anwar ignored this despite the repeated requests by the victim to include the names of those police officers. She alleges that this negligence by Mr. Anwar will pave the way to give impunity to those police officers involved in refusing to record her case with the police station.

The judicial probe commission has yet to submit its 'supplementary probe report' despite the completion of the statements of the witnesses. The victim fears that this delay in submitting the probe report will further allow the alleged perpetrators to threaten and harass the witnesses of her case. She also alleges that unidentified people have continued to threaten her over the telephone. Recently, an unknown man called on her mobile phone (from mobile phone number: 0189 746824). The man threatened to implicate her in cases of suicide bombings by the Jama'tul Mujahidin of Bangladesh (JMB). Another telephone caller rebuked Santa for her 'ineffective' cases against the police officers, one of whom, Mr. Mazharul Haque, has been promoted to the Additional Deputy Inspector General of Police from his previous position of the Deputy Commissioner (equivalent to the Superintendent of Police).

Santa is also worried about the false testimony taken by the judicial probe commission from 'six local witnesses'. Those six witnesses gave false statements supporting the alleged perpetrators, and against Santa despite the private satellite television channels broadcasting the police brutality in their respective news.

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 identifying the alleged perpetrators. 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: Judicial Probe Commission ignores specific complaint against the Mohammadpur police

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. Mr. Syed Nazrul Islam, Sub Inspector, and Duty Officer on 13 March 2006 evening at around 9:00 pm, of the Mohammadpur Police Station, Dhaka Metropolitan Police (DMP)
6. Mr. Iqbal Hossain, Sub Inspector, and Duty Officer on 17 March 2006 evening at around 9:00 pm, of the Mohammadpur Police Station, Dhaka Metropolitan Police (DMP)
7. Mr. Jahangir Hossain, Sub Inspector, and Duty Officer on 18 March 2006 evening at around 9:00 pm, of the Mohammadpur Police Station, Dhaka Metropolitan Police (DMP)
8. Mr. Shahanur Khan, Inspector and Officer-in-Charge (OC) of the Mohammadpur Police Station of the Dhaka Metropolitan Police (DMP)
9. Mr. Gias Uddin Ahmed, Sub Inspector, and Second Officer, of the Mohammadpur Police Station, Dhaka Metropolitan Police (DMP)
10.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 May 2, the Magistrate of the Judicial Probe Commission, Mr. Shafik Anwar, took a statement from the complainant, Mrs. Shahin Sultana Santa. He also took statements from her witnesses regarding the refusal of the Mohammadpur police to record the case after the police brutality. I have learned that the victim went to the police station four times between March 12 to 18 but the duty officers, the Second Officer and the Officer-in-Charge (OC) of the Mohammadpur police station refused to record Santa's complaint as a First Information Report (FIR). I am aware that Sub Inspector (SI) Mr. Syed Nazrul Islam, SI Mr. Iqbal Hossain, SI Mr. Jahangir Hossain, the Officer-in-Charge (OC) Mr. Shahanur Khan and the Second Officer of the Mohammadpur police station, SI Mr. Gias Uddin Ahmed were responsible for the refusal. I have also learned that the Probe Commission did not note all the names of those police officers in the statements it received from the complaint and the witnesses. I am aware that the omitting of the names by the judicial probe commission would allow the alleged perpetrators to remain unpunished despite their crimes. I have also learned that the judicial probe commission included six persons as 'local witnesses', who gave falsified statements regarding the case.

I have been informed that Santa has continued to receive threats over the telephone (from mobile phone number: 0189 746824) by an unidentified person. She was asked to withdraw her case. The caller threatened to implicate her with the Islamic militant group, the Jama'tul Mujahidin of Bangladesh (JMB) if she did not do so. Another unidentified caller rebuked Santa for filing cases against the alleged police officers amongst whom, the Deputy Commissioner (South) of the Dhaka Metropolitan Police, Mr. Mazharul Haque was promoted to the Additional Deputy Inspector General of Police. I am sure that such instances of promoting the alleged perpetrators instead of suspending them from their jobs would only encourage public servants to be more aggressive towards the victim.

In light of 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 threat and harassment of the victim and the witnesses are 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.

I urge you to start departmental and legal proceedings against the alleged perpetrators and stop rewarding them by giving them work promotions. 

I trust that you will take immediate action in this case.

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-101-2006
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.