By dismissing a case of police torture and degrading treatment on May 21, 2006, the Fourth Special Tribunal for Prevention of Women and Children Repression, under the Chief Metropolitan Magistrate’s Court of Dhaka has denied a person of her right to redress. The court has further granted impunity to the perpetrators. The judiciary is the ultimate resort for citizens seeking justice. In Bangladesh however, the lower judiciary is commonly known to be corrupt–magistrates in fact doubly serve as revenue collectors–attending only to the needs of politicians and government officials.
In dismissing all charges against officers of the Dhaka Metropolitan Police, Judge Kaniz Akhter Nasrina Khanam stated that allegations of sexual harassment and molestation were not proven in the report prepared by the one-person Judicial Probe Commission comprising of Mr Shafik Anwar. The judge did not take into account that the report acknowledged that torture had been committed by the police.
The complainant, Mrs Shahin Sultana Santa, was severely assaulted by the police while she was waiting to pick up her son from school on March 12, 2006. At that time there was a political demonstration facing a police barricade. Pregnant at the time, the injuries from the police beating resulted in her being forced into having an abortion as doctors told her the baby was at risk. After the Mohammdpur police station refused to file her complaints against the police officers, Santa lodged two cases with the Chief Metropolitan Magistrate’s Court, under the Penal Code and the Women and Children Repression Prevention Act respectively. Responding to the second complaint, which included sexual harassment and molestation, the Court ordered a judicial inquiry to be conducted.
Although the corresponding Judicial Probe Commission claimed that the charges of sexual harassment and molestation could not be proved under the Women and Children Repression Prevention Act, this was not true of the charges of torture. The Commission stated that if the police believed Santa to be a political picketer, their use of excessive force was unnecessary. Furthermore, it noted that had she in fact been suspected of such, she should have been arrested and produced in court. Since this was not done, the Commission said the police’s conduct was a cognisable offence falling under the Penal Code. The findings of the judicial inquiry thus in no way justify the dismissal of all charges against the police.
From the time the cases were filed in court, the Asian Human Rights Commission (AHRC) has learnt that Santa and her family have been subjected to threats and harassment, including being charged in fabricated cases. On May 5, Santa’s husband was attacked by eight persons on his way home, losing his mobile phone and 8000 taka. Most recently, on May 24, three plain clothed persons believed to be law enforcement personnel attempted to prevent an assistant of Santa’s lawyer from obtaining legal documents from the magistrate court, which are needed to appeal before a higher court. The AHRC is gravely concerned for the safety and well being of Santa and her family.
The impunity granted to the perpetrators of this case as well as the lack of redress and protection afforded to the victim, is a clear indicator of Bangladesh’s poor human rights protection. The AHRC has documented many cases of police torture and abuse. These cases and the lack of any consequent action taken is contrary to the pledges made to the international community by Bangladesh prior to its election to the new UN Human Rights Council. In particular, Bangladesh pledged to uphold the rule of law. Under the country’s constitution, torture is prohibited and the right to speedy and fair trial is guaranteed. Until these constitutional provisions are enforced, rule of law will not flourish in the country. In particular, the guardians of the rule of law–the police, prosecution and judiciary–must function effectively.
Bangladesh has been elected to the Human Rights Council for three years. It is time for the international community to ensure that Bangladesh upholds its pledges and improves the human rights of its citizens. If torture victims are denied redress and perpetrators of abuse are granted impunity, the government’s pledges will be seen as hypocrisy. To prevent this, the government must start by providing protection to Santa and her family, and effectively prosecuting the responsible police officers.
