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UPDATE (Bangladesh): A human rights defender is implicated with the alleged false charges

September 12, 2007

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

ASIAN HUMAN RIGHTS COMMISSION URGENT APPEALS PROGRAMME

Update on Urgent Appeal
 
13 September 2007

[Re: UP-101-2007: BANGLADESH: An investigation began into the alleged threats against a human rights defender by an RAB official; UA-149-2007: BANGLADESH: Alleged serious intimidation by the Rapid Action Battalion in Rajshahi against a human rights defender]
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UP-122-2007: BANGLADESH: A human rights defender is implicated with the alleged false charges

BANGLADESH: Attack on human rights defenders; violation of freedom of expression; intimidation
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned that Mr. Jahangir Alam Akashi, a journalist, as well as a human rights defender based on Rajshahi city, has been implicated with an alleged false extortion charge on 28 August 2007. The charge against Mr. Akashi is based on a complaint lodged by Mr. Loton, who is at variance with the victim who published information on his illegal activities. The AHRC has previously reported the serious threat on Mr. Akashi by the RAB official, after he broadcast the attempted extrajudicial killing of a terrorist suspect by RAB-5 personnel. The victim has also published a number of reports on the alleged torture and extrajudicial killings committed by RAB personnel. We were informed that Mr. Loton is working as a "source" for the Rapid Action Battaliion (RAB)-5. The AHRC is of view that such legal action against Mr. Akashi is based on the false complaint that was made with the intention to restrict his freedom of expression and human rights activities. The AHRC strongly urges that such action against Mr. Akashi should be immediately halted and the false charges against him should be removed without delay.      

UPDATED INFORMATION: (based on the victim's testimony)

Mr. Jahangir Alam Akash is the coordinator of the Task Force against Torture (TFT)-Rajshahi city as well as the regional coordinator of the Bangladesh Institute of Human Rights (BIHR) in the Rajshahi region. He is also a journalist by profession working as the bureau chief of a private news television channel CSB News and the Daily Sangbad, the Dhaka based national newspaper. Earlier in May and July, the AHRC has issued urgent appeals regarding the alleged serious threats and intimidation against him after broadcasting news on the attempted extra-judicial killing of an alleged terrorist by RAB personnel on a private television channel. To learn more details of the previous appeals, please see: UA-149-2007 and UP-101-2007. 

According to the latest information received, on 28 August 2007, Mr. Akash was been implicated in an extortion charge lodged by Mr. Mahfuzul Alam Loton, the vice president of the Awami League of the Rajshahi City Unit, at the Boalia police station of the Rajshahi Metropolitan Police (RMP) on 20 June 2007 (Reference: General Diary No. 1160). In his complaint, Mr. Loton alleges that Mr. Akash extorted Taka 20,000 (USD 300) from him in presence of his two friends through intimidation and threats of broadcasting news on CSB News channel.

To present the details of the Mr. Loton's allegation against Mr. Akash, on 13 April 2007, Mr. Loton was talking with his two friends, one businessman Mr. Ziaul Haque Tuku and one Bangladesh Awami League leader Mr. Asaduzzaman Asad, while sitting in an open field near the "Safawang Chinese Restaurant" at Kadirganj area of the city. The restaurant is located in the same building where the CSB News channel's office is in. Mr. Akash accompanying two unknown persons then approached him and claimed Taka 50,000 (USD 750) through intimidation. Mr. Loton then finally gave him Taka 20,000 (USD 300). Mr. Loton alleged that Mr. Akash claimed Taka 30,000 (USD 450) more in exchange for not publishing news against Mr. Loton regarding his corruption in "Delwar Hossain Waqf Estate; his father was the caretaker of this property. Mr. Loton also alleges that Mr. Akash however broadcast a report about his family property after this and on 6 June 2007, he requested Mr. Loton to pay the remaining Taka 30,000 at the same place.

However, Mr. Akash strongly insists that Mr. Loton's complaint against him is completely false and Mr. Loton made such complaint against him because he had published a number of reports in the media detailing the misdeeds of Mr. Loton.

On 4 March 2000, Mr. Akash published a report in the Daily Sangbad regarding the alleged harassment of a family by Mr. Loton and his men due to a family feud. The family members were allegedly confined in the house, while receiving continuous threats from Mr. Loton's men. The article revealed that the police have not taken any action against Mr. Loton and his men regarding this incident. 

Mr. Akash also reports that due to this report, Mr. Loton's men attempted to kill him on 6 March 2006, but killed another journalist Mr. Uttam Kumar Das by mistake. The killing took place in front of a commercial telefax shop in Rajshahi city from where Mr. Akash and other journalists used to send their news to their respective media. Mr. Akash then lodged a General Diary (GD) No. 310 with the Boalia police station on 7 March 2000 against Mr. Loton regarding this incident.

Mr. Akash also reports that Mr. Loton extorted Taka 30,000 (USD 450) from a businessman using his (Mr. Akash) name in 2003. Mr. Akash published a report regarding this incident in the Daily Sangbad on 19 January 2003.

Besides, Mr. Akash recently broadcasted another report on the alleged illegal and malpractices in "Delwar Hossain Waqf Estate" property of which Loton's father late Mr. Abdus Samad was the caretaker for a long time. As a result, the government's concerned department changed the caretaker of the said property.

Also, on 25 April 2007, Mr. Akash broadcasted a report in the CSB News regarding the alleged grabbing of the estates of the trusted boards. This report also covered the story of Mr. Loton's father's trusted properties.

Mr. Akash also suspects that the RAB might use Mr. Loton to harass him, as his news channel has been broadcasting on the alleged torture and extrajudicial killings committed by the RAB personnel. For example, on 16 May 2007, a report was aired in the CSB News on the RAB's brutality on jail police Mr. Shahebul Islam in the Rajshahi Medical College Hospital, while on May 18, the CSB News aired another report on the death of Mr. Kamrul Islam Majnu Sheikh, who was allegedly tortured to death by the RAB personnel after being kidnapped.  

It is alleged that Mr. Loton and his two friends Mr. Asad and Mr. Tuku have been working as the RAB's source. As far as we confirmed with local sources, Mr. Loton goes for fishing along with Major Mr. Rashid of the RAB-5, who allegedly intimidated Mr. Akash on phone for broadcasting the news of the attempted extrajudicial killing of one terrorist suspect Mr. Benazir Ahammed at hos home on 2 May 2007. For details of this case, please see our urgent appeals: UP-101-2007, UA-149-2007.

It is common practice in Bangladesh that the law-enforcing agents use the criminals as their 'source' with purpose of "repressing criminal activities". However, the law-enforcers frequently overlook the crimes committed by their 'source' and indirectly protect them. Besides, the law-enforcers often abuse their authority and use their sources to punish their personal opponents by fabricating the complaints against them or blackmailing or even killing those people.

Meanwhile, the AHRC was informed that the transmission of the CSB News has been reportedly cut from 6:35 pm on 6 September 2007 for seven days through the intervention by the Bangladesh Telecommunications Regulatory Commission (BTRC). The chairman, who is a retired major general of the army, was accompanied by a number of military officers at this time.

It is believed that the BTRC stopped the transmission of the CSB News due to its broadcasting of the recent brutality of the armed forces and the police during the protest in the Dhaka University area. It is alleged that the government has intentionally stopped the transmission the TV channel without any guaranteed possibility of resuming its programme after the said seven days.

SUGGESTED ACTION:
Please immediately write to the concerned authorities listed below demanding a fair and impartial judicial inquiry into this case. Please also urge them to conduct a proper inquiry into the constant threats and intimidations against Mr. Akash, including the legal action against him, and bring those responsible to justice as soon as possible. 

Sample letter:

Dear __________,

BANGLADESH: A human rights defender is implicated with the alleged false charges

Name of victim: Mr. Jahangir Alam Akash, the coordinator of the Task Force against Torture (TFT)-Rajshahi city; the regional coordinator of the Bangladesh Institute of Human Rights (BIHR) in the Rajshahi region; the bureau chief of one TV news channel CSB News and the newspaper Daily Sangbad.
Alleged perpetrators:
1. Mr. Mahfuzul Alam Loton, Vice President of the Awami League (BAL) of the Rajshahi City Unit
3. Mr. Asaduzzaman Asad, one of the BAL leaders in RAjshahi City
4. Mr. Ziaul Haque Tuku, the businessman and Mr. Loton's friend
Reference of the concerned complaint against the victim: General Diary No. 1160 on 20 June 2007 at the Boalia police station of the Rajshahi Metropolitan Police (RMP)

I am deeply concerned that Mr. Jahangir Alam Akashi, the journalist as well as the human rights defender based on Rajshahi city, has been implicated with the alleged false extortion charges on 28 August 2007.

According to the latest information received, on 28 August 2007, Mr. Akash has been implicated in an extortion charge lodged by Mr. Mahfuzul Alam Loton, the vice president of the Awami League of the Rajshahi City Unit, at the Boalia police station of the Rajshahi Metropolitan Police (RMP) on 20 June 2007 (Reference: General Diary No. 1160). In his complaint, Mr. Loton alleges that Mr. Akash extorted Taka 20,000 (USD 300) from him in presence of his two friends, one businessman Mr. Ziaul Haque Tuku and one Bangladesh Awami League leader Mr. Asaduzzaman Asad, through intimidation and threats of broadcasting news on CSB News channel.

However, the victim strongly insists that Mr. Loton made such false complaint against him because he had published a number of reports in the media detailing the misdeeds of Mr. Loton.

On 4 March 2000, Mr. Akash published a report in the Daily Sangbad regarding the alleged harassment of one family by Mr. Loton and his men due to the family feud. The family members were allegedly confined in the house, while receiving continuous threats from Mr. Loton's men. The victim also reports that due to this report, Mr. Loton's men attempted to kill him on 6 March 2006 but killed another journalist Mr. Uttam Kumar Das by mistake. Mr. Akash then lodged a General Diary (GD) No. 310 with the Boalia police station on 7 March 2000 against Mr. Loton regarding this incident. Besides, Mr. Akash further reports that Mr. Loton extorted Taka 30,000 (USD 450) from a businessman using his name in 2003. Mr. Akash published a report regarding this incident in the Daily Sangbad on 19 January 2003. Also, on 25 April 2007, Mr. Akash broadcasted another report in the CSB News regarding the alleged illegal and malpractices in "Delwar Hossain Waqf Estate" property of which Loton's father late Mr. Abdus Samad was the caretaker for a long time. As a result, the government's concerned department changed the caretaker of the said property.

I am also informed that Mr. Loton and his two friends Mr. Asad and Mr. Tuku have been working as the RAB's source. It is alleged that Mr. Loton goes for fishing along with Major Mr. Rashid of the RAB-5, who allegedly intimidated Mr. Akash on phone for broadcasting the news of the attempted extrajudicial killing of one terrorist suspect Mr. Benazir Ahammed at his home on 2 May 2007. I am concerned that the RAB might use Mr. Loton to harass him, as his news channel has been broadcasting on the alleged torture and extrajudicial killings committed by the RAB personnel.

For example, on 16 May 2007, a report was aired in the CSB News on the RAB's brutality on jail police Mr. Shahebul Islam in the Rajshahi Medical College Hospital, while on May 18, the CSB News aired another report on the death of Mr. Kamrul Islam Majnu Sheikh, who was allegedly tortured to death by the RAB personnel after being kidnapped.  

I know that it is common practice in Bangladesh that the law-enforcers often abuse their authority and use their sources to punish their personal opponents by fabricating the complaints against them or blackmailing or even killing those people.

I am of view that such legal action against Mr. Akashi based on the false complaint has been made with intention to restrict his freedom of expression and human rights activities.

In light of the above, I strongly urge you to order an immediate and thorough investigation into this alleged implication of false charges against the victim. I strongly demands that such action against the victim should be immediately stopped and the false charges against him should be removed without delay. I also request you to inquire about the alleged intimidation and threats made by Mr. Loton against the victim and take necessary legal action against Mr. Loton.

Necessary action should also be taken against Major Mr. Rashid of the RAB-5, who allegedly intimidated the victim on phone for broadcasting the news of the attempted extrajudicial killing of one terrorist suspect Mr. Benazir Ahammed at his home on 2 May 2007. I further request you to thoroughly inquire about the above mentioned alleged brutality committed by the RAB personnel and take strong disciplinary and legal action against those responsible. Lastly, I request the Government of Bangladesh to take strict action to stop the ongoing serious human rights violations committed by the RAB personnel and bring those responsible to justice without delay.

I trust that you immediate take action on this serious matter.

Yours sincerely,

 
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PLEASE SEND YOUR LETTER TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490

2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

3. Barrister Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568

4. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677
Fax: +880 2 9563362 or 9563363

5. Mr. Hassan Mahmud Khandokar
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +880 2 8962884 (O)

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-122-2007
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.