BANGLADESH: Twelve men are detained and tortured by police under fabricated charges

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-052-2009
ISSUES: Arbitrary arrest & detention, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that twelve men were illegally arrested and tortured while in detention at the Kotowali police station in Jessore district. Two of the detainees’ hands were broken as a result, and no arrangement of medical treatment has been made the by authorities. No attempt has been made by the local authorities to investigate the case.

CASE DETAILS: (According to the victims and their family members)

On 10 May 2009 there was a clash between two factions of the Bangladesh Chhatra League (BCL), the student wing of the ruling political party – triggered by the teasing of school girls during a religious ceremony. It took place in the Mahashmashan area of Tahirpur village under the Manirampur upazilla in Jessore district, and though four persons were injured, the police arrived late and made no arrests. 

At around 10pm that night, officers from the Maniramput police station picked up about 13 persons who had been sitting in a group and chatting in a field belonging to the Hakoba Pilot School. The police roughed-up the men and verbally abused them, before detaining 12 in custody. One man, a former chairman of a local union council, was released.

The arrested 12 persons are: 1) Mr. Farid Tarafdar, a grocer; 2) Mr. Shahidul Bishwas, a fish-seller; 3) Mr. Tarek Mirza, a vegetable-seller; 4) Mr. Uzzal Bishwas, a banana-seller; 5) Mr. Kishore Banarjee, a worker of a local cable operator; 6) Mr. Nil Ratan Banarjee, a tea stall owner; 7) Mr. Titon Datta, a worker of a local cable operator; 8) Mr. Alamgir Dewan, an electrician; 9) Mr. Md. Bazlur Rahman Gazi, a restaurant worker; 10) Mr. Rafikul Islam, a banana seller; 11) Mr. Ziaur Rahman Zia, a rickshaw puller; and 12) Mr. Swapan, a motor vehicle driver.

According to our reports Mr. Lokman Hakim, the Officer-in-Charge (OC) of the Manirampur police station, called in the 12 men in his office room, where he and his colleagues beat them with sticks and used abusive language. The men’s hands were tied behind their back with rope and handcuffs. After midnight the police transferred all 12 to Kotowali police station, the Jessore district headquarters.

Town Sub Inspector Mr. Apurba Hassan of the Kowowali police and other officers continued to systematically abuse the detainees in several intervals through the night (in the early hours of 11 May 2009). The Officer-in-Charge (OC) of the Kotowali police Mr. Abdul Kader Begh allegedly ordered the police to beat the soles and the palms of the detainees. As a result of the torture, Mr. Farid and Mr. Uzzal’s right hands were broken, Bazlur Rahman Gazi’s left shoulder was bruised with clotted blood and Zia’s left heel was badly mangled, leaving him unable to walk since. Most of the men were severely bruised across their bodies.

At about 11am the police produced the men before the Jessore Judicial Magistrate’s Court with a fabricated case number–10/09 under Section 151 of the Code of Criminal Procedure–1898 and they were charged with conspiring to commit a cognizable offence (therefore not requiring an arrest warrant). The court granted bail to all of the accused. After being released they went to the local press club and described their experiences of police torture during the overnight detention; they also showed the injuries that they had sustained.

The four most seriously injured persons, namely Farid, Uzzal, Bazlur and Zia, are they breadwinners in their families, but have been unable to work since the torture. They can’t afford medical treatment. The other eight men have managed to work despite their injuries.

ADDITIONAL INFORMATION:

Various civil leaders have spoken out in this case. Mr. Goutam Chakravarti, a public representative of the local municipality of Manirampur, has told a local human rights group that he believes all 12 men are innocent and that their arrest and torture while in detention by the police was illegal and inhuman. He has demanded the punishment of the alleged perpetrators.

Meanwhile Mr. Amzad Hossain Lavlu, a former chairman of the Manirampur municipality and a local leader of the Bangladesh Awami League told the same group that powerful political leaders (of his own party) directed the police to arrest someone for the clash on May 10, but not the real agitators, (who are attached to the ruling political party). He believes that police are in league with the agitators, who he accuses of various other crimes, committed under the shelter of the ruling party.

SUGGESTED ACTION: 
The Asian Human Rights Commission has already written a separate letter to the UN Special Rapporteur on the Question of Torture urging his intervention into this case. Please write to the officials listed below, calling for them to investigate the rampant corruption taking place at Manirampur and Kotowali Police Stations and to dismiss and then take legal action against the alleged perpetrators. Please also ask the authorities to arrange adequate compensation for the victims.

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

SAMPLE LETTER

Dear __________,

BANGLADESH: Twelve men arbitrarily detained and tortured by police in fabricated case

Names of victims: 
1. Mr. Farid Tarafdar, son of Mr. Esen Ali Tarafdar, a grocer, whose right hand was broken 
2. Mr. Shahidul Bishwas, son of Mr. Abdul Malek Bishwas and a fish-seller 
3. Mr. Tarek Mirza, son of Mr. Rafikur Mirza and vegetables-seller
4. Mr. Uzzal Bishwas, son of late Mr. Haren Bishwas and a banana-seller, whose right hand was broken
5. Mr. Kishore Banarjee, son of Mr. Dilip Banarjee and a worker of a local cable operator
6. Mr. Nil Ratan Banarjee, son of Mr. Ganesh Banarjee and a tea stall owner
7. Mr. Titon Datta, son of Mr. Arjun Datta and a worker of a local cable operator
8. Mr. Alamgir Dewan, son of Mr. Mohammod Ali Dewan and an electrician
9. Mr. Md. Bazlur Rahman Gazi, son of Mr. Abul Kashem Gazi and a restaurant worker, who sustained serious damage to his left shoulder
10. Mr. Rafikul Islam, son of Mr. Mohammod Ali and a banana seller
11. Mr. Ziaur Rahman Zia, son of Mr. Abul Hossain, rickshawpuller, who sustained serious injury to his left heel and cannot walk 
12. Mr. Swapan, son of Mr. Subol Bishwas and a motor vehicle driver, whose middle back has been seriously injured

All resident in the municipal area of Manirampur municipal town, Jessore district, under the jurisdiction of the Manirampur police station

Names of alleged perpetrators: 
1. Mr. Lokman Hakim, Officer-in-Charge (OC) of the Manirampur Police Station
2. Mr. Abdul Kader Begh, Officer-in-Charge (OC) of the Kotowali Police Station
3. Mr. Apurba Hassan, Town Sub Inspector of Police, attached to the Kotowali police station, Jessore district 
4. Five police officers of the Manirampur and the Kotowali police stations of Jessore district

Date of arrest and torture: 10 May 2009 
Place of torture: Manirampur and the Kotowali police station in Jessore

I am writing to express my grave concern after hearing of the illegal arrest and torture of 12 persons,  in the Manirampur and Kotowali police stations in Jessore. The Asian Human Rights Commission, along with various local civil figureheads, believes that the men were arrested as scapegoats for agitation committed by members of the student wing of the ruling political party. These members of the Bangladesh Chhattra League (BCL) are allegedly responsible for various crimes, committed under the shelter of party membership.

The men were arrested while sitting quietly in a group, talking on the evening of May 10. The men allege that Mr. Lokman Hakim, the Officer-in-Charge (OC) of the Manirampur police station, and his colleagues beat them with sticks in his office and  tied their hands behind them with rope and handcuffs. After midnight the police transferred all  12 men to the Kotowali police station of Jessore district headquarter, where they were further tortured under the direction of Town Sub Inspector (TSI) Mr. Apurba Hassan.

The four most seriously injured persons, namely Farid, Uzzal, Bazlur and Zia, are they breadwinners in their families, but have been unable to work since the torture. They can’t afford medical treatment. The other eight men have managed to work despite their injuries.  They were charged by the Judicial Magistrate’s Court of Jessore (case number- 10/09 under Section 151 of the Code of Criminal Procedure -1898) with conspiring to commit a cognizable offence (therefore not requiring an arrest warrant) and the court granted bail to all of the accused. All the men have shown their injuries to journalists at the local press club.

The Bangladesh Constitution states: ‘No person shall be subjected to torture or cruel, inhuman, or degrading punishment or treatment,’ yet I am informed that this is not an isolated incident in the policing system of Bangladesh. Noting the extent to which the officers were able to beat the civilians without intervention or official charge, it seems logical to conclude that torture has become an entrenched part of Bangladesh’s so-called legal system. I question why the law enforcement authorities, the judiciary and politicians consistently fail to tackle the breakdown of the law in Bangladesh and why no sustainable initiatives are undertaken to improve the situation. I wonder how the people of Bangladesh can have any faith in the authorities when those in power exploit, extort and torture them with impunity.

As a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), Bangladesh is not only obligated to prohibit torture, but to proactively adopt measures to end the practice, bring those responsible to justice, and provide redress and compensation for the victims.

I urge the authorities of Bangladesh to start massive reforms in the policing system of the country so that the ongoing and excessive abuse of police power is brought to a halt, and the process of delivering justice can begin.

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

Yours sincerely,

————— 
PLEASE SEND YOUR LETTER TO:

1. Mrs. Sheikh Hasina 
Prime Minister 
Government of the People’s Republic of Bangladesh 
Office of the Prime Minister 
Tejgaon, Dhaka 
BANGLADESH 
Fax: +880 2 811 3244 / 3243 / 1015 / 1490 
Tel: +880 2 882 816 079 / 988 8677 
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. M. M. Ruhul Amin 
Chief Justice 
Supreme Court of Bangladesh 
Supreme Court Building 
Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 5058 
Tel: +880 2 956 2792

3. Barrister Shafique Ahmed 
Minister 
Ministry of Law, Justice & Parliamentary Affairs 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Tel: +880 2 7160627 
Fax: +880 2 7168557

4. Ms. Sahara Khatun MP 
Minister 
Ministry of Home Affairs 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Tel: +880 2 7169069  
Fax: +880 2 7160405, 880 2 7164788

5. Mr. Mahbubey Alam 
Attorney General of Bangladesh 
Office of the Attorney General 
Supreme Court Annex Building 
Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 1568 
Tel: +880 2 956 2868

6. Mr. Nur Mohammad 
Inspector General of Police (IGP) 
Bangladesh Police 
Police Headquarters’ 
Fulbaria, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 3362 / 956 3363 
Tel: +880 2 956 2054 / 717 6451 / 717 6677 
E-mail: ig@police.gov.bd

7. Deputy Inspector General of Police (DIG) 
Khulna Range 
Office of the DIG of Khulna Range 
Khulna 
BANGLADESH 
Fax: +880 41 761300  
Tel: +880 41 761823  
E-mail: digkhulna@police.gov.bd

Thank you. 
Urgent Appeal Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-052-2009
Countries : Bangladesh,
Issues : Arbitrary arrest & detention, Judicial system, Rule of law, Torture,