Home / News / Urgent Appeals / UPDATE (Bangladesh): Santa's family facing harassment by the Wazirpur police in Barisal

UPDATE (Bangladesh): Santa's family facing harassment by the Wazirpur police in Barisal

September 19, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

19 September 2006

[RE: UP-114-2006: BANGLADESH: Safety measures must be taken to ensure the lives of Shahin Sultana Santa and her husband; UP-112-2006: Court dismisses charges against alleged perpetrators; UP-101-2006: Judicial Probe Commission ignores specific complaint against the Mohammadpur police; UP-096-2006: Court orders supplementary investigation following disputed Judicial Probe Commission report; UP-083-2006: Police defy High Court order by continuing to make threats; UP-062-2006: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop; UP-058-2006: Police seriously intimidate and threaten victim, her husband and her witnesses; UA-105-2006: Pregnant woman tortured by police in Dhaka]
-----------------------------------
UP-181-2006: BANGLADESH: Santa’s family facing harassment by the Wazirpur police in Barisal

BANGLADESH: Torture; fabrication of charges; constant threats and intimidation; lack of witness protection; denial of trial; un-rule of law
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) urges your immediate and strong intervention into the constant threats and harassment of a torture victim Mrs. Shahin Sultana Santa, and her husband Mr. Atiur Rahman. Santa, who was pregnant at the time of incident, had been severely beaten by the police in Dhaka on 12 March 2006 and implicated with false charges after the incident (See further: UA-105-2006). The AHRC has issued several appeals regarding the repeated threats to the victim and her family and the government's inaction (See further: UP-058-2006, UP-062-2006, UP-083-2006, UP-096-2006, UP-101-2006, UP-112-2006 and UP-114-2006), however the Bangladesh government has failed to take any serious action to provide justice to the victim.  According to the latest information, Santa and her husband, who is also her lawyer, has been targeted by the Officer-in-Charge (OC) of the Wazirpur police station in Barisal district, . Meanwhile, two staff hired for the fisheries project in Mrs. Santa's land were kidnapped and the victim's family believes that the kidnapping is linked to her case. All these threats and intimidation took place despite the direction of a Bench of the High Court Division of the Supreme Court on 28 March 2006 prohibiting any intimidation or harassment to the victim and her husband. The security situation of Santa and her husband has become critical and they fear for their lives.

In the latest incident among the series of threats and harassment on the victim and her family, at around 11:00pm on 22 August 2006, a group of men went to fisheries project house in Santa's land at Satila village which is under the Wazirpur police station in Barisal district. They cut open a window with a sharp weapon and entered a room where the caretaker of the project Mr. Md. Abu Sayeed Hawlader was sleeping. They then threatened the caretaker with weapons and stole a number of fishing nets, power tiller, an electric generator, three fishing boats and 40,000 Taka (USD 628). The men also kidnapped two project staff namely Mrs. SS (the name is withheld) and Mr. Nurul Islam. Mrs. SS was reportedly raped by three persons during her abduction and rescued later on September 14 but Mr. Nurul Haque remains missing.

On August 28, Mr. Sayeed lodged a case (CR case no: 440/6) with the Barisal Magistrate Court regarding the robbery under section 395 (robbery), 397(robbery and attempt to murder), 364 (kidnapping or abduction in order to murder), 427 (mischief and causing damage) and 34 (equal liabilities of committing the same crime in a group) of the Penal Code of Bangladesh. The Magistrate then sent this case to the Wazirpur police station and instructed the Officer-in-Charge (OIC) to "take necessary action urgently".

At around 6:30 pm on September 8, Mr. Sayeed went to the Wazirpur police station to inquire the development of his complaint. The on duty police officer asked him to meet the OC Mr. Golam Rahman, who was handling his case. After receiving a message, Golam came to the police station to meet Mr. Sayeed. Mr. Sayeed reported that the OC slapped his face, verbally abused him and snatched 50,000 Taka (USD 740) from him. The OC further threatened Mr. Sayeed that he would take revenge on Santa and her husband saying, “This Advocate Atiur (the victim's husband and her lawyer) pleaded for a man, namely Mr. Tamiz Uddin Master in case against me in Dhaka . I put this man behind the bar implicating him in several cases when I was a Sub Inspector of the Gulshan police station. Now I am the OC of this police station. All of you are in my grip and it’s my turn to take the revenge upon you!" The AHRC confirmed with the victim's husband that he had worked as the lawyer of Mr. Tamiz Uddin Master, who had lodged a case against the then SI of the Gulshan police station, Mr. Golam for his corruption and abuses of power. Subsequently, SI Golam had been later transferred to the Cantonment police station.

The victim's husband also says that the OC Golam influenced some inhabitants of the Satla Union Council of the Wzirpur police station in Barisal district to lodge a false case against him and his wife. He further reported that the OC Golam has not recorded Mr. Sayeed's complaint in violation of the magistrate's order. Instead he lodged a fabricated charge against him and his wife and the fisheries protect staff in Satla village. Santa and her husband believe that the harassment by the OC Golam is linked to the cases that they had lodged against the police officers who committed the torture of Santa in March 2006.

The High Court Division directed the law enforcing agencies, including the police chief and alleged perpetrators, not to harass Santa in any way, including by organizing persons to make fraudulent complaints against the family. It also ordered them not to enter the family's house and that the police should explain how the assault could have occurred and why there should not be legal action against the accused.  However, these orders have never been respected and the victim and her husband along with their employees have been under constant and serious harassment by the police or unidentified people, while no serious action has been taken against the alleged torture perpetrators. The security situation of Santa and her husband has become critical and they fear for their lives.


Advocate Mr. Atiur (the victim's husband) has sent a legal notice on September 11 to the government and the police officials, including the Secretary of the Ministry of Home Affairs, Inspector General of Police, Superintendent of Police of Barisal district, the OC Mr. Golam Rahman and Sub Inspector Mr. Golam Mostofa of the Wazirpur police station regarding the police's failure of recording the robbery case and taking necessary action according to the court's order.

Meanwhile, Santa's cases have been dragged on and on for a long time due to non-functioning corrupt judiciary in the country. To see the collapse of the justice system of in detail, please see the special report titled "
Lawless law enforcement and the parody of judiciary in Bangladesh" published by the AHRC's sister organization, the Asian Legal Recourse Centre (ALRC) in August 2006 (Article 2, Vol. 5, No. 4). Santa's case has been also documented in this report in pages 63-67 (Case number: 17).

SUGGESTED ACTION:

Please write letters to the authorities listed below urging them to intervene immediately into this case so that the harassment of Santa and her husband can be stopped and security is ensured.

Sample letter:

Dear ____________,

BANGLADESH: Santa’s family facing harassment by the Wazirpur police in Barisal


Name of the victims:
1. Mrs. Shahin Sultalna Santa, wife of Mr. Atiur Rahman, living in house no. 7/A, road no. 10, Mohammadia Housing Society under the Mohammadpur police station in Dhaka
2. Mr. Atiur Rahman, a lawyer by profession and husband of Mrs. Shahin Sultana Santa, who was brutally tortured by the police in Dhaka, living in house no. 7/A, road no. 10, Mohammadia Housing Society under the Mohammadpur police station in Dhaka
3. Mr. Abu Sayeed Hawlader, son of Mr. Fazlur Rahman Hawladar, living in Satla village under Wazirpur police station in Barisal district
4. Mrs. SS (name and address is withheld here)
Name of the alleged perpetrators:
1. Mr. Golam Rahman, Officer-in-Charge (OC) of the Wazirpur police station in Barisal district
2. Mr. Golam Mostofa, Sub Inspector (SI) of the Wazirpur police station in Barisal district
3. Mr. Md. Abdul Halim, aged 35, son of Mr. Gahar Ali, living in Dakkhin Satla under the Wazirpur police station in Barisal district
4. Mr. Md. Mohsin, aged 35, son of Mr. Abdul Gani
5. Mr. Md. Al Amin, aged 30, son of Mr. Habib Biswas
6. Mr. Md. Nuru Khanda, aged 40, son of Mr. Shaheb Ali
7. Mr. Md. Soru, aged 38, son of Mr. Sayed
8. Mr. Md. Mukul, aged 38, son of Mr. A Gani
9. Mr. Md. Atiar, aged 35, son the late Mr. Shafiuddin Biswas
All living in Satla village under Wazirpur police station in Barisal district
Date of the recent incident: 22 August 2006
Place of the recent incident: Satla village under Wazirpur police station in Barisal district

I am very annoyed to receive reports of constant and serious harassment and threats to the torture victim mentioned above, her husband and their employees by the alleged perpetrators, the police and unidentified men. I am sure that you are aware of the well-publicized case of Santa, who had been allegedly tortured by police officers of the Dhaka Metropolitan Police on 12 March 2006. It seems to me that the government authorities have failed to take serious action against the alleged torture perpetrators and provide effective redress to the victim. Such inaction by the police and other relevant authorities seems to indirectly encourage the perpetrators to keep harassing the victim and her family.

I again inform you that the victim and her husband have been facing threats and intimidation by the Wazirpur police in Barisal district at this time. According to the information I have received, on 22 August 2006, a group of men mentioned above attacked and looted a house of the caretaker of Mrs. Sahin Sultana Santa’s fisheries project at Satla village under the Wazirpur police station in Barisal district. They also kidnapped two employees of the project from the adjacent village. They are Mrs. SS (the name is withheld) and Mr. Nurul Haque. Mrs. SS was reportedly raped by three persons during her abduction and rescued later on September 14 but Mr. Nurul Haque remains missing.

Regarding the incident, on August 28, the caretaker of the project lodged a case with the Magistrate’s Cognizance Court-3 of Barisal [CR case no: 440/06 under section 395, 397, 364, 427 and 34 of the Penal Code of Bangladesh] and the Magistrate ordered the Officer-in-Charge (OC) of Wazirpur police station to record the case "take necessary action urgently". However, the OC has failed to do so till date. Instead, the concerned OC Mr. Golam Rahman threatened the caretaker [the complainant] and took 50,000 Taka (USD740) from him. He further threatened that he would implicate him together with his employer Santa and her husband with false cases.  I have also learned that the OC allegedly influenced some inhabitants of the Satla Union Council of the Wzirpur police station in Barisal district to lodge a false case against the victim and her husband. Santa's family believes that these harassment and intimidation by the Wazirpur police are due to their complaints against the alleged torture perpetrators.

Although the security of the victim and her husband is in critical situation, none of the alleged torture perpetrators as well as those responsible for the constant harassment has yet been held accountable for their crimes. All these threats and intimidation have been taking place despite the direction of a Bench of the High Court Division of the Supreme Court on 28 March 2006 prohibiting any intimidation or harassment to the victim and her husband. Meanwhile, Santa's cases have been dragged on and on for a long time due to non-functioning corrupt judiciary in the country.

I therefore strongly urge you to immediately intervene in this matter and provide effective protection to the victim and her husband from further harm and harassment. I also urge you to inquire all the alleged threats and intimidations to the victim's couple and their employees without further delay and bring those responsible to justice as soon as possible. The cases against the alleged torture perpetrators should not be delayed anymore in order to provide justice to the victim. 

Yours sincerely,

--------------------

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Begum Khaleda Zia
Prime Minister
Government of the People's Republic of
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. Sayed J. R. Mudassir Husain
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058


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


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


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


6. Mr. Md. Moniruzzaman
Deputy Inspector General of Police, Barisal Range
Office of the DIG Brisal Range
Barisal
BANGLADESH
Tel: +880 431 63574 (Office)
Fax: +880 431 65150 (Office)
 
7. Mr. Md. Shawkat Nabi
District Magistrate
Office of the Deputy Commissioner
Barisal
BANGLADESH
Tel: +880 431 63866 (Office)/ +880 431 64121 (Residence)
Fax: +880 431 64918/+880 431 64367
 
8. Mr. Md. Abdur Rahman
Superintendent of Police
Office of the Superintendent of Police
Barisal
BANGLADESH
Tel: +880 431 62123/+880 431 64846
Fax: +880 431 64152
 
9. 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)

10. 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)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (
ahrchk@ahrchk.org)
Document Type :
Urgent Appeal Update
Document ID :
UP-181-2006
Countries :
Issues :
Share |
Subscribe to our Mailing List
Follow AHRC
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.