Dear friends,
The Asian Human Rights Commission (AHRC) has received information that the Tala police in Satkhira district illegally arrested a man named Mr. Md. Sohrab Hossain on 7 January 2010 and tortured him on several occasions while in detention in police custody. The man, along with two other persons, has been detained in the Satkhira District Jail in a fabricated robbery case after a police remand for two days. Sohrab’s detention has already exceeded more than two months now and he has still not brought before a Magistrate. Please intervene immediately into this matter to ensure that the authorities release him from detention and the fabricated case. There must also be a prompt investigation.
CASE DETAILS:
On 7 January 2010, Sohrab Hossain was returning from a Hospital in the city of Khulna after receiving treatment for his allergy problems. On his way back home, he went to his relatives house at Shuvashuni village Atharomile area under the Dumuria police station. In the evening, at around 8 pm, when Sohrab was walking around a patrol police team of the Dumuria police station arrested him without any reason. The police released him after about an hour’s interrogation in their custody.
Soon after, another police team of the Tala police station comprising of four unidentified police constables and an officer arrested him along with two other persons: Mr. Hamidur Rahman, son of Mr. Akimuddin Sheikh, an resident of Madanpur village, and Mr. Selim Morol, son of Mr. Hazrat Morol, of Islamkati village, of the Tala police station in Satkhira district. These two arrested persons were allegedly involved in several cases including murder, robbery, possession of illegal arms and violence against women, according to the Tala police. The police also claimed that the Tala police wanted the two other persons. But, there was no case against Sohrab with the police station. At the time of arrest, the police tortured Sohrab in public and claimed that they had arrested Sohrab, who is an inhabitant of Takia village under the Paikgachha police station in Khulna district, because of his identity as a stranger under the jurisdiction of the Tala police of the Satkhira district. They beat him with sticks, fists, and boots.
The police detained Sohrab overnight at the Tala police station. A mobile phone and BDT 1,000.00 (USD 14.49, as USD 1.00 = BDT 69.00) were taken away by Sub Inspector (SI) Mr. Md. Lutfor Rahman of the Tala police. Later, SI Lutfor communicated with the Paikgacha police station under the Khulna district in order to get information regarding the involvement of Sohrab Hossain in criminal offences. The Paikgacha police informed SI Lutfor that there was a person named Mr. Sohrab Par, son of Mr. Abdur Rauf Par, who was from Takia village, who had murder and robbery cases against him (Sohrab Par). The Paikgachha police suspected that the arrested Sohrab Hossain might have lied with a view to avoid arrest. The Tala police, then, tortured Sohrab Hossain in custody during the night. Three policemen led by SI Lutfor beat him with sticks on the soles of his feet. As a result, Sohrab’s feet were swollen and he was unable to walk. Sohrab was not provided any food while in detention at the police station that night.
On the following morning, on 8 January, the Tala police fabricated a pending robbery case (Tala Police Case No. 4, dated-12 December 2009, under Section 395 and 397 of the Penal Code-1860) against Sohrab before sending him to the Judicial Magistrates Court of Satkhira. The police handcuffed him and tied a rope about his waist at the time he was seen by the local eye-witnesses when Sohrab was taken to the Court by a rickshaw-van. The police wanted the Court to place Sohrab under police remand for seven days. The Court, however, ordered to detain Sohrab in jail fixing up the 13 January for the hearing on the petition of the police for remand. Accordingly, upon hearing the remand petition the Court ordered that Sohrab be handed over to police remand for two days.
Meanwhile, following the information from the Tala police the Paikgacha police informed to Sohrabs family about this incident. After having been informed Sohrabs family members went to the Tala police, however, they did not meet Sohrab as the police had already sent him to the court. When the relatives wanted to know the reason for his arrest and detention the police officers suggested them to collect the photocopy of the First Information Report (FIR) for which they extracted BDT 200.00 (USD 3.00) from the relatives. Then they went to Satkhira jail and saw that Sohrab was ill. He was unable to walk. Sohrab expressed his fear to the relatives regarding the possibility of torture by police when he was taken in remand.
On 15 January, Sohrab along with Hamidur and Selim was brought to the Tala police custody from the Satkhira District Jail. All the three persons, including Sohrab, were handcuffed and legs were locked with iron rods (locally known as Danda-Berry) at the time of commuting to, and from, the Tala police station. Sohrab’s relatives contacted SI Lutfor and requested him not to torture Sohrab in remand. SI Lutfor received BDT 4,500.00 (USD 65.21) from the relatives promising that he will not torture Sohrab. But, the police tortured all three detainees, including Sohrab, with sticks on two occasions during the two days’ remand. Sohrab’s relatives saw him at the time when he was again taken to the Satkhira District Jail that his condition was worse than before. During the two days in remand the police did not provide any food to Sohrab, however, they allowed Sohrab’s relatives to provide food for which the relatives had to pay BDT 1,600.00 (USD 23.18) to the police.
On 16 January, the police sent Sohrab back to the prison in the same condition as he was taken to the police station. The police officers forced Sohrab’s relatives to pay BDT 400.00 (USD 5.79) as the cost for transporting him from the police custody to the jail.
Sohrab’s brothers told the local human rights defenders that Sohrab used to earn BDT 200.00 (USD 3.00) per day as a carpenter. Sohrab’s detention has passed more than two months now. He has two children whose schooling is going to end due to financial hardships. The family has already spent more than BDT 10,000.00 (USD 145.00) expecting Sohrab’s release from prison. However, the Court rejected his bail petitions on two occasions–one on 12 January and the other on 7 February. The family demanded the immediate release of Sohrab from jail as well as from the fabricated case.
ADDITIONAL COMMENT:
The detention of Sohrab Hossain is not only executed arbitrarily following an illegal arrest by the Tala police of the Satkhira district but also a clear violation of Section 344 of the Code of Criminal Procedure-1898 as he has not been produced before the Court after 16 January 2010. Section 344 (1) reads:
344. (1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons there for, from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.”
According to the abovementioned provision clarifies that bringing every detained person physically before the Court within each 15 days, in case the period of detention is longer, is mandatory for the magistrates and judges. In fact, detaining Sohrab for more than 65 days is a clear violation for which the Magistrates concerned of the Satkhira district should be held accountable immediately.
The Bangladesh Police has already established its reputation as “extortionists” due to its trade of justice across the country. Every person who is targeted has to pay bribes to the police for each of the steps regardless whether the actions of the police are legal or illegal. The Asian Human Rights Commission (AHRC) has documented cases on how the police illegally arrest persons and do the business of bribery by detaining arbitrarily and torturing the persons. The AHRC’s publication Disconnected policy and the trade of justice in Bangladesh and the Urgent Appeals expose the details of the chain of corruption in the policing system of Bangladesh. Similar cases like AHRC-UAC-157-2009 and AHRC-UAC-138-2009.
SUGGESTED ACTION:
Please write to the officials listed below this appeal requesting them to release Sohrab from prison as well as from the fabricated case. Please insist that the authorities take legal action against the alleged perpetrators followed by a thorough investigation. Please also ask the authorities to pay adequate compensation to the victims.
The Asian Human Rights Commission has already written separate letters to the Working Group on Arbitrary Detention and the Special Rapporteur on Question of Torture of the UN urging their interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ———,
BANGLADESH: Man arbitrarily detained and tortured by the Tala police must be released immediately
Name of the Victims:
1. Mr. Md. Sohrab Hossain, aged 40, a carpenter by profesion, son of late Mr. Mokshed Sheikh, living in Tokia village under the Paikgachha police station in Khulna district
2. Mr. Hamidur Rahman, aged 38, son of Mr. Akimuddin Sheikh, an inhabitant of Madanpur village,
3. Mr. Selim Morol, aged 40, son of Mr. Hazrat Morol, of Islamkati village,
Both villages are under the Tala police station in Satkhira district
Name of the perpetrators:
1. Md. Lutfor Rahma, Sub Inspector (SI), attached to the Tala Police Station in Satkhira district as the Second Officer of the police station
2. Four police constables of the Tala police station of Sathkhira district
Date of the arrest: 7 January 2010 Time: Tentative 9:00pm
Place of arrest: Atharomile Bazar, Dumuria, Khulna, Bangladesh.
I am writing to voice my serious concern over the arbitrary detention of Mr. Md. Sohrab Hossain (40) a carpenter, who was tortured by the Tala police on several occasions since he was illegally arrested on 7 January 2010. Mr. Sohrab has allegedly been involved in a fabricated robbery case and has been in detention for more than two months now. I urge for an immediate investigation into the allegation of illegal arrest, torture while in arbitrary detention and fabricating a case against him. He deserves immediate release from the detention as well as from the case, which was fabricated by the police. I also urge for the immediate prosecution of the alleged perpetrators belonging to the Tala Police followed by credible investigation into this incident of illegal arrest, arbitrary detention and torture in custody.
According to the information I have received, a patrol team of the Tala police led by Sub Inspector (SI) Mr. Md. Lutfor Rahman, comprising around four unidentified police constables arrested Mr. Md. Sohrab Hossain from the Atharomile Bazar on 7 January 2010 and took him to Tala police station without any lawfully justified reason. The police tortured Sohrab with sticks and boots at the time of arrest.
I know that, on the same day at 9 pm, SI Lutfor arrested Sohrab from the Atharomile Bazar without any allegation against him. The police claimed that they arrested Sohrab because he was hailed from another jurisdiction. The Tala police checked with the Paikgacha police of the Khulna district where Sohrab was from regarding his involvement in crimes. The Paikgacha police reportedly informed that there was man named Mr. Sohrab Par; son of Mr. Abdur Rauf Par, of Takia village under the Paikgacha police station has a murder case and a robbery case against him. The Paikgachha police opined to the Tala police that Sohrab Par might have lied to the police to skip arrest. Then, the Tala police detained Sohrab and around four policemen including SI Lutfor tortured him in custody with sticks and boots on his soles. As a result, Sohrab’s feet were swollen. He was unable to walk. Sohrab was not provided any food while in detention at the police station over night.
I have learned that the police also took BDT 1000.00 (USD 14.49, as USD 1.00 = BDT 69.00) and a mobile phone from Sohrab that have not yet been returned to him or any member of his family.
On the following morning, on 8 January, the Tala police fabricated a pending robbery case (Tala Police Case No. 4, dated-12 December 2009, under Section 395 and 397 of the Penal Code-1860) against Sohrab before sending him to the Judicial Magistrates Court of Satkhira. The police handcuffed him and tied a rope in his waist at the time he was seen by the local eye-witnesses when Sohrab was taken to the Court by a rickshaw-van. The police wanted the Court to grant Sohrab under police remand for seven days. The Court ordered Sohrab’s detention in jail and on 13 January granted the petition of the police allowing them to take Sohrab in remand for two days.
I have heard that when the relatives of Sohrab went to the Tala police and wanted to know the reason of arresting and detaining Sohrab in jail the police officers extracted BDT 200.00 (USD 3.00) from the relatives for supplying a copy of the FIR (First Information Report). The relatives also met Sohrab at the Satkhira District Jail and saw Sohrab he was ill and was unable to walk. Sohrab expressed his fear to the relatives regarding possibility of torture by police during his remand.
On 15 January, Sohrab along with Hamidur and Selim was brought to the Tala police custody from the Satkhira District Jail. All the three persons, including Sohrab, were handcuffed and legs were locked with iron rods (locally known as Danda-Berry) at the time of commuting to, and from, the Tala police station. Sohrab’s relatives requested SI Lutfor not to torture Sohrab in remand. The police officer forced them to pay BDT 4,500.00 (USD 65.21) promising that he will not torture Sohrab. But, the police tortured all the three detainees, including Sohrab, with sticks in two occasions in the nights during the two days’ remand. Sohrab’s relatives saw him at the time when he was again taken to the Satkhira District Jail that his condition was worse than the time when he was brought to the police custody. I have been informed that During the two days’ remand the police did not provide any food to Sohrab, however, they allowed Sohrab’s relatives to provide food for which the relatives had to pay BDT 1,600.00 (USD 23.18) to the police.
I am aware that on 16 January the police officers forced Sohrab’s relatives to pay BDT 400.00 (USD 5.79) as the cost for transporting him from the police custody to the jail.
Sohrab’s family has already spent more than BDT 10,000.00 (USD 145.00) expecting Sohrab’s release from the prison, however, the Court rejected his bail petitions on two occasions–one on 12 January and the other on 7 February. The family demanded the immediate release of Sohrab from jail as well as from the fabricated case. I am aware that the prolonged detention of Sohrab for more than 65 days without physically producing him before a Magistrate is a clear violation of Section 344(1) of the Code of Criminal Procedure-1898. I know that this provision makes it mandatory that the detainees should be physically produced before the Court within each 15 days.
I know that torture, which is prohibited in Article 35(5) of the Constitution of Bangladesh, is still widely inflicted on detainees by the police in Bangladesh. To date, not a single police member is known to have been criminally convicted for having tortured or killed a suspect.
I therefore call for your strong intervention to make sure this case will not be another case in which the impunity of human rights violations prevails.
I am calling for the immediate and proper investigation of this case by an impartial body, independent from pressures from the Tala police station. Not only those who have tortured Sohrab Hossain should be immediately relieved from their duties, but they must also be brought before a civilian court and face legal sanctions. The members of the police of the Tala police station who have threatened the victim must also be held accountable for that attempt to cover up this case.
As a corollary, I am asking for the immediate release of the victim and requesting the immediate withdrawal of the case pending against Sohrab Hossain which aimed at preventing him from demanding the punishment of the perpetrators. Instead, proportional compensation must be granted to the victim. All those steps are those required by the International Convention on Torture, of which Bangladesh is a state party.
I condemn the failure of the States rule of law institutions following the deprivation of the right to liberty of a person by law-enforcing agencies that allegedly have been enjoying impunity from any credible investigation on this regard.
Finally, I am asking for the immediate sanction of the Judicial Magistrate’s Court of Satkhira, which has failed to fulfill its duties to protect the detainees from arbitrary detention and torture. The magistrates concerned should be held responsible for the violation of Section 344(1) of the Code of Criminal Procedure-1898.
I take this opportunity to draw your attention on the imperious necessity to introduce a law criminalizing torture in Bangladesh to clearly show that the perpetrators of torture will be held accountable in the future. I know that such a law has been pending before the Parliament since 10 September 2009. This tragic case clearly highlights the pressing need to adopt this legislation as soon as possible.
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. Rezaul Karim
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 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
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. Justice Amirul Kabir Chowdhury
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com
7. 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
8. 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)
