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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-101-2006
ISSUES: Torture,

[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.

 

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

SAMPLE 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 : Bangladesh,
Issues : Torture,