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UPDATE (Bangladesh): Sajid's family under threat from ruling political party leaders

July 24, 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 July 2006

[Re: UA-190-2006: BANGLADESH: Man killed by police torture in Gaibandha Sadar police station on the instruction of ruling party political leaders]
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UP-147-2006: BANGLADESH: Sajid's family under threat from ruling political party leaders

BANGLADESH: Political influence; conspiracy; illegal arms; arbitrary arrest; torture; extra-judicial killing; threat; intimidation; misuse of governmental and political power; extreme collapse of rule of law
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Dear friends,

In June 2006 the Asian Human Rights Commission (AHRC) informed you about the death of Mr. Sajedur Rahman Sarkar Sajid in the Gaibandha police custody by the instructions of ruling political party leaders (please see UA-190-2006). We have now received updated information regarding the incident detailing that Sajid's family was seriously threatened and intimidated by the ruling party political leader, Mr. Hamidul Haque Sana, on July 9. Surrounded by men bearing arms, Mr. Sana asked the family not to seek a trial, or a bullet would be used to stop them. The family is now living in fear of attack. An officer of the Criminal Investigation Department (CID) is investigating this case. To date the authority has not yet taken any action against the alleged perpetrators. 

On 9 July 2006, at around 8:30 am, about six armed persons led by Mr. Hamidul Haque Sana, president of the Gaibandha district of the ruling political party, the Bangladesh Nationalist Party (BNP), went to Sajid's house. Mr. Sana called Sajid's father, Mr. Abdur Rauf Sarkar and brother, Mr. Md. Abdul Mazed Sarkar, and said, "You are shouting too much regarding Sajid's death". Implying to Mazed and pointing to the guns of one of the armed persons, Mr. Sana said, "It would be a matter of only one (bullet) to stop you; do not get crazy for trial!" Mr. Sana also threatened the deceased's father (Mr. Abdur Rauf). He said to Mr. Rauf, "You are running behind the leaders of the Nagorik (citizen) Committee. Do they have any power to save your life, if you are in danger?" Mr. Sana continued, "If you want to survive with your family and property in this town, be careful or you're finished!" Mr. Sana along with the armed persons left the house after these threats were made saying that he and his people would monitor the movements of Mr. Abdur Rauf and his family members.

Since the threats and intimidation the deceased's family is living in fear of probable attacks by the ruling political party as well as the police. The leaders of the local Nagorik Committee have stopped their protests following the threats by the BNP leaders.?

An officer of the Criminal Investigation Department (CID) has been assigned to investigate into the murder case. However, the authorities have not taken any further action regarding the incident during last 40 days.

ADDITIONAL COMMENT:

In Bangladesh political leaders abuse their powers in many ways, including using the police as their muscle men to suppress their political and personal opponents. As a result, the victims of such incidents have no way to get remedy. Ironically, the politicians ensure absolute impunity to the perpetrators belonging to the law enforcing agents.

The Bangladesh government has ratified the UN Convention Against Torture (CAT) but has yet to implement this. It has reserved article 14 of the CAT, which ensures medical treatment, compensation and complete redress to victims. In addition, as there is no domestic legislation to criminalise torture committed by law enforcement officials in the country, most of the perpetrators are not punished or receive only departmental disciplinary action or light punishment with charges of "maltreatment" rather than of "torture". As far as the AHRC is aware, there has been no single case in which a victim has received compensation for torture harassment by the police.?

Beside this, there are no independent complaint mechanisms where torture victims can lodge complaints against perpetrators. As a result the police conduct inquiries into torture cases where police are also the alleged torturers. The police are normally reluctant to take action against their colleagues and in some cases they even threaten the victims to withdraw their complaints.?

SUGGESTED ACTION:

Please write letters to the persons listed below and urge them to ensure a judicial investigation team is formed to conduct a fair and impartial investigation into this case. The continuous threats and intimidations must be stopped without delay. Please also urge the Government of Bangladesh to identify all of the persons behind the incident and punish them exemplarily. Please insist the Bangladesh government pay appropriate compensation to the family of the victim. The security of the deceased's family and the witnesses of the case must be ensured.

Suggested letter:

Dear __________,

BANGLADESH: Sajid's family under threat from ruling political party leaders

Name of the victims (threatened): Mr. Sajid's family, living in House # 14, Road # 1/1, V Aid Road, Munshipara, municipal area, under the Gaibandh Sadar police station in Gaibandha district
Names of the alleged perpetrators:
1. Mr. Hamidul Haque Sana, president of the Gaibandha district unit of the Bangladesh Nationalist Party-BNP
2. . Mr. Delwar Hossain Delu, leader of the Gaibandha district unit of the Bangladesh Nationalist Party-BNP
Date of incident: 9 July 2006
Place of incident: House of Mr. Abdur Rouf Sarkar, house # 14, Road # 1/1, V Aid Road, Munshipara, municipal area, under the Gaibandh Sadar police station in Gaibandha district

I am writing to express my fear for the safety of the family of Mr. Sajedur Rahman Sarkar Sajid, who I believe was tortured to death by police personnel from the Gaibandha Sadar police station, after being framed in an arms case.

According to the information I have received, on 9 July 2006, at around 8:30 am, about six armed persons led by Mr. Hamidul Haque Sana, president of the Gaibandha district of the ruling political party, the Bangladesh Nationalist Party (BNP), went to Sajid's house. Mr. Sana called Sajid's father, Mr. Abdur Rauf Sarkar and brother, Mr. Md. Abdul Mazed Sarkar, and said, "You are shouting too much regarding Sajid's death". Implying to Mazed and pointing to the gun of one of the armed persons, Mr. Sana said, "It would be a matter of only one (bullet) to stop you; do not get crazy for trial!" Mr. Sana also threatened the deceased's father (Mr. Abdur Rauf). He said to Mr. Rauf, "You are running behind the leaders of the Nagorik (citizen) Committee. Do they have any power to save your life, if you are in danger?" Mr. Sana continued, "If you want to survive with your family and property in this town, be careful before the doom!" Mr. Sana along with the armed persons left the house after these threats were made saying that he and his people would monitor the movements of Mr. Abdur Rauf and his family members.

I have learned that the family of Sajid is living in fear of probable attack by the ruling political party people as well as the police. The leaders of the local Nagorik Committee have also stopped their protests following the threats made by the BNP leaders.?

I am informed that an officer of the Criminal Investigation Department (CID) has been assigned to investigate the murder case. However, I am aware that the authorities have not taken any further action regarding the incident during the last 40 days.

This is a clear example of the misuse of powers by persons, including the leaders of the ruling political party. It also highlights the extreme collapse of rule of law in Bangladesh. Further, it illustrates Bangladesh's complete disrespect for human rights principles and its highly questionable appointment to the newly formed Human Rights Council.

I strongly urge you to commence a fair, impartial and effective inquiry headed by a Justice of the Supreme Court to ensure redress to the victim's family and justice to the perpetrators of this crime. The ongoing threats and intimidations must be stopped without delay. I request you to punish the alleged perpetrators immediately. I also urge you to ensure security for Sajid's family and the witnesses of the cases lodged by the family. Finally, appropriate compensation must be paid to the deceased's family.

I further request the Bangladesh government to immediately implement the CAT Act so that torture perpetrators can be punished under the law. An independent agency where torture victims can lodge a complaint should be established and effective compensation should be introduced and strictly enforced without further delay. Only through these actions can the Bangladesh government eliminate the routine practice of torture and other crimes committed by law enforcement officers in the country.

I trust your intervention will be forthcoming.

Yours sincerely,
?lt;br />-------------------------------------------
PLEASE SEND YOUR LETTERS TO:

1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' 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

2. Mr. Md. Lutfuzzaman Babor MP
State Minister
The Ministry of Home Affairs
The Government of the Peoples’ Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O) or 8359000 (R)
Fax: +880 2 7160405, +880 2 7164788

3. Mr. Sayed J. R. Modassir Hossain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568

5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677 (O),
Fax: +880 2 9563362 or 9563363

6. Mr. Nayeem Ahmed
Deputy Inspector General of Police (DIG)
Rajshahi Range
Bangladesh Police
Office of the DIG of Rajshahi Range
Rajshahi
BANGLADESH
Tel: +88 0721 772309 (O)
Fax: +88 0721 775444 (O)

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-147-2006
Countries :
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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.