The Asian Human Rights Commission (AHRC) is writing to you to seek your determined involvement to end the uncontrolled use of torture by the police and other government security forces in Bangladesh, which we strongly believe is posing a grave threat to the entire system of policing and justice there.
You may be aware that in recent weeks the AHRC has addressed both the UN Human Rights Council and the High Commissioner for Human Rights on a range of grave human rights concerns that are overwhelming the people of Bangladesh. Among them is the incidence of torture (AHRC-OL-39-2006).
Although domestic rights groups have for over a decade struggled to address the widespread use of torture and arbitrary violence by the police, army and paramilitary units in Bangladesh, their efforts have been hampered by the persistent failure of the government to criminalise torture in keeping with its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. There is no law to prohibit the use of torture by state agents in the country, there is no evidence that the government intends to introduce such a law, and there is no explanation forthcoming as to why it has failed to do so.
In this respect we recall the first of all general recommendations of the Special Rapporteur on torture, that, “Torture should be designated and defined as a specific crime of the utmost gravity in national legislation… the enactment [of which] should be made a priority.” The patent failure of the government of Bangladesh to meet this fundamental duty under international law effectively renders meaningless its joining of the treaty to prohibit torture.
The consequences of this failure too are manifest. The AHRC has in recent times communicated dozens of cases of torture by the police and other agencies in Bangladesh to your office. In none of those cases have the victims obtained redress. For instance, Rashed Ullah was arbitrarily arrested and severely assaulted by police in Chittagong, resulting in his death in custody during the early morning hours of 29 June 2006. The police said that he was a victim of a “mass beating” by unknown persons and allegedly intimidated and coerced his family into accepting money not to lodge a complaint. As the most that the family could hope for is a drawn-out judicial probe that may result in the transfer or demotion of one or two junior officers, they took the money.
The AHRC has noted with appreciation the communications from your office to the government of Bangladesh with reference to some of the specific cases that have been brought to your attention. However, we feel that the time has come to expand your role with regards to Bangladesh, in view of the unchallenged practice of torture and systemic impunity enjoyed by torturers there.
Accordingly, the Asian Human Rights Commission urges you to take the following steps at your earliest convenience. First, seek an explanation from the government of Bangladesh as to why it has failed to criminalise torture, despite its obligations under the Convention against Torture and the key general recommendation of the Special Rapporteur. Secondly, issue a strong public statement on the failure of Bangladesh to meet its international obligations and permit the continued widespread use of torture by state agents under its authority. Thirdly, visit Bangladesh without delay to see the situation yourself, and meet with victims and local groups working for the elimination of torture there. Fourthly, expand discussion in international agencies on the use of torture in Bangladesh and ways to eliminate it without any further delays, broken promises and lies by its government.
We strongly believe that concerted intervention by you together with other UN human rights experts and agencies will precipitate a response from the government and greatly support the work already being undertaken by human rights defenders in Bangladesh, against considerable odds, to reduce the level of brutality and increase the level of humanity in their society.
We look forward to your involvement and stand ready to assist at any time and by whatever means at our disposal.
Yours sincerely
Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong
