Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a businessman was shot dead by the Gulshan Police in Dhaka after having been kept in arbitrary detention for two days. The incident reportedly took place shortly after the victim’s relatives had refused to pay bribes. The man was brought to a hospital with bullet wounds after the police shot at both of his legs. The dead body had signs of torture. The police has tried to cover up the case, including by manipulating the case records. The hospital in question has refused to release the medical records.
The case offers an extremely detailed example of the freedom with which Bangladeshi police are able to trade on justice, to arrest persons at will and to kill with impunity. The AHRC believes that unless stronger measures are taken, police and politicians may intervene within the course of the current investigation. The wife and relatives of the deceased have been threatened repeatedly by the officers involved in the case and need immediate state protection.
CASE DETAILS: (Based on the statements of the victim’s relatives, witnesses and on documents related to the incident)
Mr. Mizanur Rahman was a petty businessman who ran a small photo studio and also rented sound system for socio-cultural programmes. On the night of 28 June 2010, he was sleeping in his house in Badda area along with the other members of his family, including his child and his wife, Mrs. Taslima Akther. At around 3am in the early morning of 29 June, they heard a group of persons knocking on the door of their rented house. Afraid that those knocking at the door might be robbers or miscreants, the family decided not to open the door. At one point, they saw that some people were watching the residents of their house from the rooftop of the opposite side’s building. Soon after, the strangers broke the main door of the house and entered it.
The intruders introduced themselves as policemen from the Gulshan police station of the Dhaka Metropolitan Police (DMP). According to the family, six persons entered the house, of whom four were wearing plain clothes and two were wearing policemen uniforms. One of the plain-clothed intruders claimed that he was Sub Inspector (SI) Anis of the Gulshan police while he handcuffed Mizan. At the time of arrest, the landlord of the house, Mr. Tazul Islam, asked the plain-clothed police officer the reason why they were arresting his tenant who, according to his knowledge, was a good person and was not involved in any crime. The police claimed that they had received information that Mizan was involved in a car-snatching incident in the city. However, they did not show any warrant of arrest neither did they refer to any specific case against Mizan. At around 5am, the police brought Mizan inside a police van, which drove toward the Gulshan police station.
By around 6am, Mizan’s wife Mrs. Taslima Akther along with her 10-years old daughter Liza went to the Gulshan police station and asked the Duty Officer about her husband’s arrest by the police. The Duty Officer denied Mizan’s arrest and asked Taslima to leave the police station. Taslima went out of the office and waited in front of the gate of the police station. After about an hour she saw that a vehicle having a similar colour arrived at the police station’s gate. SI Anis called Taslima and asked her to get inside the vehicle. SI Anis told Taslima that her husband was a snatcher, who used to snatch regularly on the street. Taslima contradicted the police officer and claimed that her husband was a hardworking man, who works every day from the early morning to midnight in order to maintain the family’s dire necessities. Then, the police officer asked Taslima to go home assuring her that if her version was found correct her husband would be released soon. At around 8:30am Taslima returned home with that assurance.
At around 10:30am, Taslima along with Mizan’s sister, Ms. Taslima Begum, went to the Gulshan police station again. They paid BDT 100.00 to a police sentry in order to meet Mizan, who was detained in the police cell at that time. On their way back they met SI Anis and asked him to release Mizan from the police custody. SI Anis demanded BDT 100,000.00 (USD ) in order to release Mizan. When Taslima, who work as a domestic maid, said that she could not afford such an amount, SI Anis verbally abused her, asked her to bring money from her husband’s business and warned them not to come to the police station without money.
The following day, 30 June, the two women went back to the Gulshan police station to check on Mizan. When SI Anis arrived at the police station, around noon, they asked him why Mizan had not been released or sent to court but SI Anis demanded money again. He said, “If you are unable to pay one lakh (100,000), at least bring 50 thousand (Taka).” As Taslima expressed her inability to pay this amount of money, SI Anis then said, “You can check that I did not torture your husband so far, but I don’t know what will happen if you don’t pay?”. After SI Anis has left, the two women paid BDT 100.00 to the on duty sentry to meet Mizan.
Mizan informed his wife and sister that he was tortured the night before because his family has failed to pay the bribe. He had not been provided any food. The two women gave him some food and left to find an arrangement to be able to pay the bribe.
At around 7pm on the same day, SI Anis called Taslima’s mobile phone from his cell phone (Number: +8801716201766). Instead of talking directly to her, he handed the phone to an unidentified person who told her that if she brought the money to the police station immediately, Mizan would be implicated only in a ‘normal case’ and would be released afterwards. But the man also warned that if they failed to pay at least BDT 10,000.00m then Mizan would be implicated in a ‘car-stealing case’.
Following the phone call, Mizan’s relatives borrowed money from their well-wishers and neighbours and managed to gather an amount of BDT 10,000.00. At 9 pm, they rushed to the police station, they called SI Anis but he was on duty outside the police station. Again, the relatives paid BDT 50.00 to a in order to give some food to Mizan and left the place at around midnight.
At about 4:30am on 1 July, Mizan’s wife received a call in her cell phone. The caller claimed that he was her husband Mizan although Taslima said it was not his voice. The person said, “I am Mizan calling from the Dhaka Medical College Hospital. Come to the hospital quickly!”. As soon as the call was disconnected Taslima went to the Gulshan police. At about 5am, she asked a police constable that whether Mizan was inside the cell or not, the constable told her without checking in person that her husband was in the cell. Talisma then asked a female staff of the police station to check whether her husband was present in the cell. The woman checked and said that there was nobody named Mizan in the cell. Then, Taslima and others rushed to the Dhaka Medical College Hospital (DMCH).
At around 6:30am, Taslima received another call saying that “Mizan needs blood urgently, come immediately!”. After their arrival at the Emergency Unit of the DMCH at 7:15am, they met a police constable who showed them a piece of paper and claimed that he paid for the list of medicine prescribed for Mizan and demanded money. Taslima said that she would pay the money only after seeing her husband. Then, following the police constable’s information, she found Mizan’s body lying on the floor of the Ward No. 32 of the DMCH. His whole body was wet with thick blood. His two legs were bandaged.
A wounded person, Mr. Manik, who was receiving medical treatment at the DMCH told Mizan’s wife that at around midnight of 30 June (Early morning of 1 July), the police tortured him and Mizan in custody. The police wanted Mizan to confess that he was a car-thief which Mizan denied repeatedly. At around 1:30am Manik and Mizan were taken out of the police station, in an isolated open air field. The police shot at Mizan and Manik in one of their legs each. Both persons fell on the ground. Then, SI Anis told them to run away if they wanted to save their lives. Mizan attempted to flee. Suddenly, SI Anis shot at Mizan’s other leg. Later, the police brought both of them to the DMCH.
According to the official record of Emergency Unit of the DMCH, the police brought Mizan to the hospital at 5:45am with bullet injuries in both legs. Mizan succumbed to his injuries at 7:30am, due to non-stop bleeding from the bullet-wounds. On 1 July 2010, Executive Magistrate Mr. Salim Hossain prepared the inquest report on Mizan’s dead body before the doctors of the Forensic Medicine Department of the Dhaka Medical College conducted the post-mortem.
On the same day, in an attempt to justify their lawless actions, the Gulshan police registered four cases; all of them following same story line. According to the police, a patrol police team received information over wireless radio system from the Officer-in-Charge (OC) Mr. Md. Kamal Uddin and Operations Officer Mr. Sheikh Masud Karim about a preparation of robbery at the eastern end of Road No. 11 of Banani area. The patrol police team comprised of SI Anisur Rahman, SI Mahmud Moyeen, SI Khitish Chandra Roy, and police constables Md. Abdul Malek (Badge No. 6467), Md. Shafiuzzaman (Badge No. 3013), and Sahidullah (Badge No. 5773). Riding in a microbus the police petrol team stopped the alleged robbers on the street at around 1:05am on 1 July early in the morning. The petrol team was supported by another vehicle led by the OC Md. Kamal Uddin along with Operations Officer Sheikh Masud Karim and other officers, who also chased the same private car and blocked its (alleged robbers’ car’s) way. The robbers opened fire on the police, who therefore riposted in the name of self-defence and in order to protect public properties. The police arrested four persons: the person later identified as Mr. Md. Manik who had received a bullet in his left leg, Mr. Md. Mizan who had received a bullet in his both legs and two other persons, namely Mr. Md. Aslam and Md. Jalal, found in possession of a pistol whose magazine was filled with four bullets. The police also claim that they seized a private car (Registration number: Dhaka Metro- GA-21-3805), which the alleged robbers used, from the scene of incidence.
Two police officers – SI Khitish Chandra Roy and SI Anisur Rahman – appeared as complainants of two cases each out of the four cases that were registered with the Gulshan police regarding the incident on 1 July. SI Khitish filed one preparation of robbery case under the penal code and one case under the Arms Act. SI Anis filed one case of obstructing public officers in discharge of his official duties with the charges of attempt to murder and an Unnatural Death case referring to the death of Mizan.
According to the police, Mizan’s time of death was 7:33am on 1 July. In fact, the hospital record originally mentioned that the time of death occurred at 7:30am, until the police allegedly compelled the staff of the DMCH to change it as 7:33am. The Asian Human Rights Commission has checked the hospital record, which contains clear signs of overwriting to change the time.
Meanwhile, the relatives have been demanding justice for the murder of Mizan in police custody. They did not received the dead body which was kept in the mortuary of the morgue of the DMCH until 4 July. Mizan’s relative Mr. Ali Asad received the dead body from Dhaka medical college morgue at around 5:30 am. At that point the local leaders of the ruling political party – Bangladesh Awami League – intervened into the process and insisted that the relatives should receive the dead body of Mizan. They later tried to convince them not to publicize their case. Minza was buried in a graveyard beside a mosque at Block-J of Nayangar on the same day after at around 1:30 in the afternoon.
Since then, the family has been receiving threats from the police and their agents, including the leaders of the ruling political party.
The Asian Human Rights Commission has been confirmed that the Gulshan police arrested Mizan early morning of 29 June 2010. A number of eye-witnesses including the landlord of Mizan’s rented house and shop Mr. Tazul Islam and other neighbours claiming anonymity confirmed that the police arrested Mizan from his house on that day and he was detained in custody for two days, which is clear violation of Article 31 of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898.
SUGGESTED ACTION:
Please write to the authorities below asking for their immediate intervention to ensure that this case of extrajudicial execution is thoroughly and transparently investigated by the judicial probe committee, without police interference or impediment. Those found to have been involved in the litany of crimes attached to this case must be prosecuted without delay. The family of the victim and the witnesses must be granted adequate state protection from further harassment and threats.
Please note that the Asian Human Rights Commission has written a separate letter to the UN Special Rapporteurs on Question of Torture and Extrajudicial, Summary and Arbitrary Executions requesting their prompt interventions in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Gulshan police kill a detainee for failing to pay bribe
Name of the victim: Mr. Md. Mizanur Rahman, aged 35 years, a petty businessman who runs a photo-studio on rent, son of Mr. Abdul Jalil, living in a rented room at Baroberait, under the jurisdiction of the Badda police station of the Dhaka Metropolitan city
Name of the alleged perpetrators:
1. Mr. Anisur Rahman, Sub Inspector of police
2. Mr. Kamal Uddin, Inspector of Police and Officer-in-Charge (OC)
3. Mr. Sheikh Masud Karim, Operations Officer
4. Mr. Mahmud Moyeen, Sub Inspector of Police
5. Mr. Khitish Chandra Roy, Sub Inspector of Police
6. Mr. Md. Abdul Malek, Police Constable (Badge No. 6467)
7. Mr. Md. Shafiuzzaman, Police Constable (Badge No. 3013)
8. Mr. Sahidullah, Police Constable (Badge No. 5773)
All are attached to the Gulshan police station of the Dhaka Metropolitan Police (DMP)
Date and Time of arrest: At 3am on 30 June 2010
Place of arrest: Victim’s home
This is to express my serious concern over the succession of extrajudicial deaths in police custody in Bangladesh. I find that the police continuously lie to the public regarding the custodial deaths of persons. I am sure that Mr. Mizanur Rahman was arrested and detained in the Gulshan police custody for two days until he was shot dead by the police on 1 July 2010 early in the morning. I demand that this case should be thoroughly investigated by competent judicial officials which should be immediately followed by the prosecution of the alleged perpetrators belonging to the Bangladesh Police.
According to the information I have received from the Asian Human Rights Commission, Mr. Mizanur Rahman, who run a small photo studio along and rent sound system for socio-cultural programmes, had heard that at around 3am, early morning of 29 June, a group of people were knocking on the door of his rented house in Gulshan area. Mizan’s family saw that some people were torching lights from the rooftop of the opposite side’s building. Soon after, the strangers broke the main door of Mizan’s rented house and entered the house.
The six intruders introduced themselves as members the Gulshan police. Four of them were wearing plain clothes and two were wearing the police uniforms. One of the plain-clothed intruders claimed that he was Sub Inspector (SI) Anis of the Gulshan police while he handcuffed Mizan. At the time of arrest, the landlord of the house Mr. Tazul Islam asserted that Mizan, who was a long-time tenant in his house, was a good person and was not involved in any crime. At 5am, the police took Mizan away claiming that they had information that Mizan was involved in a car-snatching incident in the city. However, they did not show any warrant of arrest neither did they refer to any specific case against Mizan suggesting the family to contact the Gulshan police station.
By around 6am, Mizan’s wife, Mrs. Taslima Akther, went to the Gulshan police station and asked the on duty officer about her husband arrest. The Duty Officer denied the incident and asked her to leave. Taslima waited for about an hour and saw from the gate of the police station that a vehicle having similar colour was arriving at the police station’s gate. SI Anis called Taslima from the car and asked her to get inside the vehicle and told her that her husband was a snatcher. As Taslima claimed her husband’s innocence, she was asked to go home and assured that if her version was found correct Mizan would be released soon.
At around 10:30am, Taslima along with Mizan’s sister, Ms. Taslima Begum, went to the Gulshan police station again to know the latest update of Mizan’s fate. They paid BDT 100.00 to a police sentry in order to meet Mizan, who was detained in the police cell. On that day, SI Anis demanded BDT 100,000.00 in order to release Mizan. Taslima told the police that she could not afford this amount. Using some abusive language, SI Anis asked her to bring money from her husband’s business and warned them not to come to the police station without the money.
On the following morning, 30 June, the two women went back to the Gulshan police station to check on Mizan. At around noon, when SI Anis arrived at the police station, Mizan’s wife asked him why they had not release Mizan or send him to the court. In reply SI Anis demanded money again and said, “If you are unable to pay one lakh (100,000), at least bring 50 thousand (Taka).” As Taslima expressed her inability to pay, SI Anis told, “You can check that I did not torture your husband so far, but I don’t know what will happen if you don’t pay?” Once the police officer had left Mizan’s wife and sister paid BDT 100.00 to the on duty sentry to meet Mizan.
Mizan told his wife and sister that he was tortured the night before because they had been unable to pay the bribe to the police. As he had not been provided any food during his detention, his relatives gave him some food and left to find a way to gather the necessary amount.
At around 7pm on the same day, SI Anis called Taslima’s mobile phone from his cell phone (Number: +8801716201766). Instead of talking directly to her, he handed the phone to an unidentified person who told her that if she brought the money to the police station immediately, Mizan would be implicated only in a ‘normal case’ and would be released afterwards. But the man also warned that if they failed to pay at least BDT 10,000.00m then Mizan would be implicated in a ‘car-stealing case’.
I know that, following the phone call, Mizan’s relatives borrowed money from their well-wishers and neighbours and managed to gather an amount of BDT 10,000.00. At 9 pm, they rushed to the police station, they called SI Anis but he was on duty outside the police station. Again, the relatives paid BDT 50.00 to a in order to give some food to Mizan and left the place at around midnight.
I am further told that, at about 4:30am on 1 July, Mizan’s wife received a call in her cell phone. The caller claimed that he was her husband Mizan although Taslima said it was not his voice. The person said, “I am Mizan calling from the Dhaka Medical College Hospital. Come to the hospital quickly!”. As soon as the call was disconnected Taslima went to the Gulshan police. At about 5am, she asked a police constable that whether Mizan was inside the cell or not, the constable told her without checking in person that her husband was in the cell. Talisma then asked a female staff of the police station to check whether her husband was present in the cell. The woman checked and said that there was nobody named Mizan in the cell. Then, Taslima and others rushed to the Dhaka Medical College Hospital (DMCH).
At the Emergency Unit of the DMCH at 7:15am Mizan’s relatives met a police constable, who showed a piece of paper, claimed that he had paid for the list of medicine prescribed for Mizan and demanded money. Taslima promised that she would pay the money after having seen her husband. She found his body lying on the floor of the Ward No. 32 of the DMCH. The whole body was wet with thick blood with two legs bandaged.
I am informed that a wounded person who was receiving medical treatment at the DMCH, Mr. Manik, told Mizan’s wife that at around midnight of 30 June (Early morning of 1 July), the police tortured him and Mizan in custody. The police wanted Mizan to confess that he was a car-thief which Mizan denied. At around 1:30am Manik and Mizan were taken out of the police station, in an isolated open air field. The police shot at Mizan and Manik in one of their legs each. Both fell on the ground. Then, SI Anis told them to run away if they wanted to save their lives. Mizan attempted to flee. Suddenly, SI Anis shot at Mizan’s other leg. Later, the police brought both of them to the DMCH.
According to the official record of Emergency Unit of the DMCH, the police brought Mizan to the hospital at 5:45am with bullet injuries in both legs. Mizan succumbed to his injuries at 7:30am, due to non-stop bleeding from the bullet-wounds. On 1 July 2010, Executive Magistrate Mr. Salim Hossain prepared the inquest report on Mizan’s dead body before the doctors of the Forensic Medicine Department of the Dhaka Medical College conducted the post-mortem.
I am informed that on the same day, in an attempt to justify their lawless actions, the Gulshan police registered four cases all following the same story. According to the police, a patrol police team received information over wireless radio system from the Officer-in-Charge (OC) Mr. Md. Kamal Uddin and Operations Officer Mr. Sheikh Masud Karim about the preparation of a robbery in the eastern end of Road No. 11 of Banani area. The patrol police team comprised of SI Anisur Rahman, SI Mahmud Moyeen, SI Khitish Chandra Roy, and police constables Md. Abdul Malek (Badge No. 6467), Md. Shafiuzzaman (Badge No. 3013), and Sahidullah (Badge No. 5773). Riding in a microbus the police petrol team stopped the alleged robbers in the streets at around 1:05am on 1 July early in the morning. The patrol team was supported by another vehicle led by the OC Md. Kamal Uddin along with Operations Officer Sheikh Masud Karim and other officers, who also chased the same private car and blocked its (alleged robbers’ car) way. The robbers opened gunshots toward the police, who also fired at them, for the sake of self-defence and protection public properties. The police arrested four persons: the person later identified as Mr. Md. Manik who had received a bullet in his left leg, Mr. Md. Mizan who had received a bullet in his both legs and two other persons, namely Mr. Md. Aslam and Md. Jalal, found in possession of a pistol whose magazine was filled with four bullets. The police also claim that they seized a private car (Registration number: Dhaka Metro- GA-21-3805), which the alleged robbers used, from the scene of incidence.
Two police officers – SI Khitish Chandra Roy and SI Anisur Rahman – appeared as complainants of two cases each out of the four cases that were registered with the Gulshan police regarding the incident on 1 July. SI Khitish filed one preparation of robbery case under the penal code and one case under the Arms Act. SI Anis filed one case of obstructing public officers in discharge of his official duties with the charges of attempt to murder and an Unnatural Death case referring to the death of Mizan.
According to the police, the time of death was 7:33am of 1 July. The time of death originally contained in the hospital record is 7:30am. The police allegedly compelled the staff of the DMCH to change it as 7:33am. The Asian Human Rights Commission has checked the hospital record, which contains clear sign of overwriting on it to change the time.
I have received confirmed information from the Asian Human Rights Commission, which verified the allegations, that the Gulshan police arrested Mizan in the early morning of 29 June 2010. A number of eye-witnesses including the landlord of Mizan’s rented house and shop, Mr. Tazul Islam, and other neighbours claiming anonymity confirmed that the police arrested Mizan from his house on that day and that he was detained in custody for two days, which constitutes a clear violation of Article 31 of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898. This incident of illegal arrest and detention followed by extrajudicial killing should be immediately investigated as such.
I am also aware that the DMP has formed a probe committee comprising police officers who have been intimidating the family of Mizan and the witnesses of the incident. I am expressing my serious concern regarding the safety of the relatives and the witnesses of this case and demand that intimidation must be stopped and protection must be granted to them. That’s why I urge the Bangladeshi authorities to make sure the whole incident is investigated thoroughly by a competent judicial authority in order to ensure justice to the victims instead of covering up the lawless actions of the police. The family of the deceased Mizanur Rahman must be provided adequate monetary compensation while the perpetrators must face prosecution if enough evidence is gathered.
This incident once again exposes that the law-enforcement system has serious flaws within itself. The Government of Bangladesh must initiate comprehensive reforms of the law-enforcement and criminal justice systems and eradicate the culture of impunity, which encourages the law-enforcing agents to emerge as agencies above the law of the land.
I am looking forward to see the actions you take on this issue.
Yours sincerely,
—————
PLEASE SEND YOUR LETTERS 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. Mohammad Rezaul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
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 / +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. Prof. Mizanur Rahman
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 +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
8. A K M Shahidul Hoque
Commissioner
Dhaka Metropolitan Police
DMP Headquarter
36, Shahid Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 8322746
Tel: +880 2 9331555/+880 2 8322746
Mobile: +8801711538313
E-mail: complain@dmp.gov.bd / emergency@dmp.gov.bd / commissioner@dmp.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
