BANGLADESH: Journalist beaten by the Dumuria police in Khulna 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-303-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that Mr. Uday Chakravarti, a journalist of the Bangla national daily newspaper The Sangbad, was beaten by a group of persons working as police informers, allegedly due to his articles about the land grabbing and extortion committed by them with the assistance of the Dumuria police in Khulna district, Bangladesh on 5 August 2006. The Dumuria police then illegally arrested Mr. Uday and detained him overnight at the police station where he was allegedly tortured. Neither the reason for, nor the arrest warrant was provided to the victim at the time of arrest. He was released the following afternoon on August 6 only after the local journalist community and local people protested and pressurised the police for his immediate release. He reportedly received considerable injuries due to torture. As far as we are informed, his arrest was conducted by the police despite no official complaint having been made against him and no charges have been filed against him by the police. Despite the fact that one month has already passed since the incident, no action has yet been taken by the local authorities to investigate the incident and arrest the alleged perpetrators regarding this unlawful arrest and torture.

At around 10:30pm on 5 August 2006, about 12 persons, including Mr. Matiur Rahman Bachchu, Mr. Moslem Uddin and Mr. Habibur Rahman working for the Dumuria police as informers, went to house of journalist Mr. Uday Chakravarti in Shovna village, Khulna district, Bangladesh. They then dragged Mr. Uday out from his house and began to assault him with sticks, hammers and Goran tree batons. Hearing the cries of Mr. Uday, his family members and neighbours came to the scene but failed to rescue him from the unruly group. The attackers then called the Dumuria police on a mobile phone to come to the scene. Within a short while a police team came to Mr. Uday’s house and handcuffed his hands behind his back. The police neither informed him of the reason for his arrest nor presented any valid warrant for his arrest. The police, along with their informers, then took Mr. Uday to the Dumuria police station where he was detained overnight and allegedly tortured. As far as we have confirmed there was no complaint lodged with the police station against Mr. Uday before or during the arrest.

Mr. Uday’s family members, neighbours and fellow journalists went to the Dumuria police station on the same night in order to see his condition and urge for his immediate release. But the duty officer of the police station, Mr. Abdul Khalek, did not allow anybody to meet Mr. Uday saying, “It is not allowed to meet him in the absence of the Officer-in-Charge (OIC), Mr. Abdullah”. Meanwhile, the attendants waiting at the police station at that time could hear continuous cries from Mr. Uday from the inside of the police station. According to Mr. Uday, during the night the police severely assaulted him with bamboo sticks and their boots. The police also tortured him using so-called Banshdala, the well known torture method in Bangladesh. The police put Mr. Uday’s body between the hard and thick bamboo sticks and pressed the sticks using great force while rolling them on the victim’s body. It causes tremendous pain to the victim.

On the following morning (August 6), the duty officer of the police station, Mr. Shah Alam, again did not allow Mr. Uday’s family members and colleagues to meet him. The attending people then blocked the Khulna-Satkhira highway protesting the illegal arrest and torture of Mr. Uday. They insisted that Mr. Uday was illegally arrested, detained and tortured by the Dumuria police due to him writing about the crimes committed by the local police and influential figures.

He wrote a series of reports in the daily newspaper The Sangbadt about the allegations of land grabbing of the Hindu community’s land, grabbing shrimp cultivation projects and the extortion by the Chairman of the Shovona Union Council, Mr. Matiur Rahman Bachchu and his associates, along with the direct patronization of the Dumuria police. Mr. Matiur Rahman Bachchu was the leader of the 12 persons who attacked the victim’s house and assaulted him on August 5.

With regard to the aforementioned alleged crimes, Mr. Matiur Rahman Bachchu reportedly threatened the concerned people with death saying that they would be killed in the pretext of “crossfire” by the police unless they paid money to him or his men. The Dumuria police have allegedly refused to register the complaints of the victims of Mr. Bachchu and his associates on many occasions and did not conduct proper investigations; rather they simply guaranteed impunity to those criminals, who regularly bribe them.  Mr. Uday covered all these matters in his articles.

During the road blockade by the people, the Detective Inspector, Mr. Golam Sarwar, requested the protestors to withdraw the road-blockade and assured them that Mr. Uday would be released from the police custody. Mr. Uday was finally released at 3:30pm on the same day. His family members then immediately admitted him to the Dumuria Upazilla Health Complex for the injuries sustained by the torture. Mr. Uday said that he had been handcuffed for 17 hours since the arrest and tortured by the police while their informers were present.

Meanwhile, Mr. Uday’s wife, Mrs. Pratima Chakravarti, lodged a case (number: 5) with the Dumuria police station against the police informers who beat the victim on August 11 under the section 143 (unlawful assembly), 447 (criminal trespass), 323 (voluntarily causing hurt) and 354 (assault or criminal force to a woman with intent to outrage her modesty) of the Penal Code of Bangladesh. But she reportedly excluded names of the police personnel responsible for the victim’s illegal arrest and torture from the list of the respondents due to fear for their security and threats from the police. She said that they wished to survive in the society. The local journalist community also submitted a memo to the Superintendent of Police (SP) of the Khulna district, Mr. Moynul Islam, demanding the trial of the alleged perpetrators. Now the victim and his family are seeking justice for his case.

ADDITIONAL COMMENTS:

The nexus between the law enforcement officers and underground criminals is notorious in Bangladesh. Both parties use this relationship for their own benefit. Criminals are guaranteed impunity for their crimes in exchange of bribing the law enforcement officers, who abuse their power to protect their illegal activities.  Due to this strong nexus, arbitrary arrest/detention, torture and even sometimes killings by the police and other law enforcement officers have become a common feature all over the country. Beside this, this incident is yet another case to illustrate the actual status of the freedom of expression and media freedom in Bangladesh.

To obtain a clear idea about the prevailing human rights situation of the Bangladesh, please see the recent special report on Bangladesh, “Lawless law-enforcement and the parody of judiciary in Bangladesh” published by the AHRC’s sister organization, the Asian Legal Resource Centre (ALRC).

SUGGESTED ACTION:
Please send a letter immediately to the relevant Bangladesh government authorities listed below urging them to take prompt action to investigate the conduct of the police in the alleged arbitrary arrest, torture and detention of Mr. Uday.  Please also send your letters to the relevant UN agencies listed below.

 

 

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

SAMPLE LETTER

Dear __________,

BANGLADESH: Journalist beaten by the Dumuria police in Khulna

Name of the victims: Mr. Uday Chakravarti, aged 35, a journalist working for the daily newspaper The Sangbad, resides in Shovona village under the jurisdiction of the Dumuria police station in Khulna district, Bangladesh
Name of alleged perpetrators: 
1. Mr. Motiur Rahman Bachchu, Chairman of the Shovna Union Council under the jurisdiction of the Dumuria police station in Khulna district (the main perpetrator)
2. Mr. Moslem Uddin, informer of the Dumuria police station in Khulna district 
3. Mr. Habibur Rahman, informer of the Dumuria police station in Khulna district
4. Mr. Kurayed, Sub Inspector of Police attached to the Dumuria police station 
5. Mr. Abdul Khalek, Sub Inspector of Police attached to the Dumuria police station 
6. Mr. Shah Alam, Sub Inspector of Police attached to the Dumuria police station 
7. Mr. Abdullah, Officer-in-Charge of the Dumuria police station 
8. Around 10 unidentified persons accompanied by the police informers and the Dumuria police as well
Date of illegal arrest, detention and torture: 5-6 August 2006
Place of incidence: The victim was attacked by a group of police informers and illegally arrested at his house in Shovona village and tortured at the Dumuria police station

I am writing to express my deep concern about the alleged illegal arrest, detention and torture of a journalist mentioned above by the Dumuria police and their informers in Khulna district, Bangladesh on 5-6 August 2006.

According to the information I have received, at around 10:30pm on 5 August 2006, about 12 persons, including the Dumuria police's informers, Mr. Motiur Rahman Bachchu, Mr. Moslem Uddin and Mr. Habibur Rahman attacked the victim who was at his home in Shovna village at that time. They severely assaulted the victim with sticks, hammers and Goran tree batons and then called the Dumuria police who came to the victim's house and arrested him without giving any reason or valid documents for his arrest. I was informed that no official complaint was lodged with the police station against the victim before or during the arrest. However, the police along with their informers took the victim to the Dumuria police station where he was illegally detained overnight and severely tortured. 

I am also shocked to learn about the brutality of the Dumuria police against the victim. According to Mr. Uday, he had been handcuffed for 17 hours since his arrest and severely assaulted by the police with bamboo stick and boots. The police also tortured him using so-called Banshdala, the well known torture method in Bangladesh. They put his body between the hard and thick bamboo sticks and press the sticks hard while rolling them on the victim's body. It causes tremendous pain to the victim. The attackers were allegedly present there at that time.

I was also informed that the Dumuria police have refused the victim's family member's repeated requests or those of his colleagues to meet him. The victim was released at around 3:30pm on August 6 only after a huge protest organized by the local people including the local journalist community. No charges have been made against the victim by the police. This indicates that the victim has been arrested and tortured without any reason or charges. He reportedly sustained considerable injuries due to torture.

The reason for his arrest is not clear but the victim believes the incident happened due to his series of reports in The Sangbadt about the allegations of grabbing of the Hindu community's land, grabbing shrimp cultivation projects and the extortion by the Chairman of the Shovona Union Council Mr. Matiur Rahman Bachchu and his associates with the direct patronization of the Dumuria police. Mr. Matiur Rahman Bachchu was the leader of the 12 persons who attacked the victim's house on August 5. With regard to the aforementioned alleged crimes, Mr. Bachchu reportedly threatened the concerned people with death saying that they would be killed in the pretext of "crossfire" by the police unless they pay money to him or his men. The Dumuria police have allegedly collaborate with those criminals and provide protection to them after receiving regular bribery. The victim covered all these matters in his articles.    

Meanwhile, Mr. Uday's wife, Mrs. Pratima Chakravarti, lodged a case (number: 5) with the Dumuria police station against the police informers who beat the victim on August 11 under the section 143 (unlawful assembly), 447 (criminal trespass), 323 (voluntarily causing hurt) and 354 (assault or criminal force to woman with intent to outrage her modesty) of the Penal Code of Bangladesh. But she reportedly excluded names of the police personnel responsible for the victim's illegal arrest and torture from the list of the respondents due to fear for their security and threats from the police. The journalist community submitted a memo to the Superintendent of Police (SP) of the Khulna district, Mr. Moynul Islam, demanding trial of the alleged perpetrators. However, one month has already passed since the incident and no action has yet been taken by the local authorities to investigate the incident and arrest the alleged perpetrators regarding this unlawful arrest and torture.  None of the alleged perpetrators have been arrested so far. No investigation has been conducted against the police officers responsible for the alleged illegal arrest and torture of the victim, either.

This is yet another case shows the strong nexus between the law enforcement officers and underground criminals in Bangladesh. Criminals are guaranteed impunity for their crimes in exchange of bribing the law enforcement officers, who abuse their power to protect those illegal activities. Due to this strong nexus, ordinary and innocent people are victims of violations such as arbitrary arrest/detention, torture and even sometimes killings by the police and other law enforcement officers.

In light of the above, I strongly urge you to order a prompt, fair and thorough investigation into the alleged attack, illegal arrest and detention and torture of the victim by the alleged perpetrators including the Dumuria police officers. The investigation should be conducted by an independent agency (not by the Dumuria police or other local police) to ensure its impartiality. The case against the alleged police officers should be registered so that the investigation can be launched. If the allegation is proven true, those responsible for the incident must be prosecuted and brought before courts immediately. I also urge you to take adequate action to ensure the full security of the victim and his family members from possible threats from the police while the investigation is on going. The alleged police officers responsible for the incident must be suspended from their service for this purpose. I also urge you to take action to ensure that adequate compensation is provided to the victim. 

The repeated violations by the law enforcement officers in Bangladesh point out the urgent need for the strict discipline among all police and other law enforcement forces. It is shameful that such violations continue despite the presence of Bangladesh on the UN Human Rights Council and having been a state party of the UN Convention against Torture (CAT). 

I therefore strongly urge you to put all your efforts in your official capacity to criminalise torture in Bangladesh and strictly enforce compliance with the CAT. Only through this way, the culture of impunity, which prevails in the country, will be eliminated. I also urge you to take part in reforming the current non-functioning law enforcement system by introducing better training programmes, enforcing strict discipline and punishment for any misconduct and crimes by the law enforcement officers.

I look forward to your urgent intervention in this matter.
  
Yours sincerely,


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

PLEASE SEND LETTER 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. Md. Lutfuzzaman Babar MP
State Minister 
The Ministry of Home Affairs
Government of the Peoples' Republic of Bangladesh 
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O) or 8359000 (R)
Fax: +88-02-7160405, +88-02-7164788

3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677 
Fax: +88-02-9563362 or 9563363

6. Mr. Mezbah-un-Nabi
Deputy Inspector General of Police (DIG)
Khulna Range 
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88-041-761823 (O) 
Fax: +88-041-761300 (O)

7. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Sarir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel:+41 22 917 9230
Fax:+41 22 9179016 (general)

8. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)


Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org

Document Type : Urgent Appeal Case
Document ID : UA-303-2006
Countries : Bangladesh,
Issues : Torture,