[UP-121-2006: BANGLADESH: Judicial Probe Commission has yet to submit its report regarding police brutality; UP-095-2006: BANGLADESH: Government names District Judge to conduct a judicial probe into the police brutality on journalists; RE: UP-089-2006: BANGLADESH: Government names the head of the judicial probe commission into the police brutality on journalists; UA-128-2006: BANGLADESH: Journalists beaten by the police at the Chittagong stadium]
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BANGLADESH: Torture; intimidation; threat; deprivation of professional duty; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of police brutality on journalists at the Chittagong stadium on 16 April 2006. We have now learned that the government ordered the Inspector General of Police to start departmental proceedings against the three alleged perpetrators after receiving the report from the Judicial Probe Commission. We have also learned that the government has decided to pay compensation to the victims by July 23 following the recommendations made by a committee comprising of government officials and the journalist’s leaders. However, despite evidence obtained confirming the crimes committed, the government has chosen to proceed with departmental action only, rather than criminal proceedings.
On July 12 the State Minister for the Ministry of Home Affairs, Mr. Md. Lutfozzaman Babar announced that he had asked the Inspector General of Police (IGP) to lodge ‘departmental proceedings’ against three alleged perpetrators, who were found guilty in the probe report conducted by the District and Session Judge of the Comilla district, Mr. Shawkat Hossain.
The minister said that the former Deputy Commissioner (Port), Mr. Ali Akbor Khan, Assistant Commissioner (Supply), Mr. Enamul Kabir and Sergeant, Mr. Anwar Sattar, of the Chittagong Metropolitan Police (CMP) were responsible for the brutality on the journalists according to the probe commission’s report. The incident took place at the Chittagong Birsreshtha Shaheed Ruhul Amin Stadium on 16 April 2006. Mr. Babar also mentioned that the government would pay compensation to the victims by July 23 following the recommendation of a seven-member committee headed by the Joint Secretary of the Information Ministry, Mr. Mir Mosharraf Hossain. The committee submitted its report recommending paying Taka 1,436,397 (approximately USD 21,000) as compensation to twenty journalists, who were injured by the police brutality and suffered damage to their cameras.
However, the government is avoiding criminal proceedings against the alleged perpetrators despite the allegations of torture having been proven. The compensation is a result of the massive publicity this case received, due to it being directly related to the journalist community, who started a movement against the government demanding justice. In the case of ordinary torture victims, who do not get such publicity, neither justice nor compensation is ever achieved. As there is no domestic legislation criminalising torture in compliance with the Convention Against Torture (CAT) Act of the United Nations, which was ratified by the Bangladesh Government on 5 October 1998, obtaining justice for torture victims is basically impossible. Besides, article 14, paragraph 1 of the CAT is reserved by the government. As a result of this the victims have no way to get reparation.
SUGGESTED ACTION:
Please write to the relevant authorities listed below urging them to initiate criminal proceedings against the alleged perpetrators regarding this case. Please urge the government to ensure exemplary punishment of the alleged perpetrators without further delay. Please also ask that the recommended compensation be paid by the date mentioned by the State Minister. Please also insist the government to withdraw its reservation of article 14 of the Convention against Torture Act and frame legislation criminalising torture and safeguarding reparation for the victims of torture.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
BANGLADESH: Government orders departmental action against the alleged perpetrators of police brutality on journalists
I am writing to draw your attention to the incident involving police brutality on journalists in Chittagong during the second test cricket match between Bangladesh and Australia on 16 April
2006.
According to the information I have received, the State Minister has ordered the Inspector General of Police to start departmental proceedings against three alleged perpetrators found guilty in the Judicial Probe Commission's report. The State Minister also declared that the government will pay compensation to the twenty victims of the police brutality by July 23.
While I welcome the decision of starting departmental proceedings against the three alleged perpetrators, namely the former Deputy Commissioner (Port), Mr. Ali Akbor Khan, Assistant Commissioner (Supply), Mr. Enamul Kabir and Sergeant, Mr. Anwar Sattar, of the Chittagong Metropolitan Police (CMP), I am concerned that the alleged perpetrators are to avoid any criminal action owing to the governments decision to proceed with departmental action only.
I am aware that the decision to pay compensation is the result of the massive publicity this case has attracted due to it being directly related to the journalist community, who started a movement against the government demanding justice.
I am also aware that in ordinary cases, which do not get such publicity, victims of torture get neither justice nor compensation. I have learned that there is no domestic legislation criminalising torture in compliance with the Convention Against Torture (CAT) Act of the United Nations, despite the Bangladesh government ratifying the convention on 5 October 1998. This is one of the key barriers in obtaining justice for torture victims. I am also aware that article 14, paragraph 1 of the CAT is reserved by the government, which has closed avenues to get reparation in the cases of torture perpetrated by law enforcing agents of the country.
I urge you to punish the alleged perpetrators under the criminal laws of the country for the crimes they committed. Please pay the recommended compensation to victims within the date declared by the State Minister for Home Affairs. I also strongly urge you to frame effective legislation complying to the CAT to ensure justice and reparation to the victims of torture in the country. Please reformulate the law enforcing system of the country giving international standard training and facilities to the members of the law enforcing agencies of Bangladesh. Failure to do this will deny justice to all concerned.
Yours sincerely,
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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. Barrister Maudud Ahmed MP
Minister
Ministry of Law, Justice and Parliamentary Affairs
The Government of the Peoples' Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627?
Fax: +880 2 7168557
3. Mr. Md. Lutfozzaman Babor MP
State Minister
Ministry of Home Affairs
The Government of the Peoples¡¦ Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O) or 8359000 (R)
Fax: +880 2 7160405, +880 2 7164788
4. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058
5. 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
6. 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), +880 2 8362552 or 8362553 (R)
Fax: +880 2 9563362 or 9563363
7. Mr. M Mazedul Haque
Commissioner
Chittagong Metropolitan Police (CMP)
CMP Headquarter
Chittagong
BANGLADESH
Tel: +88 031 624100 (O)
Fax: +88 031 621565 (O)
8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
