UPDATE (Bangladesh): Prolonged and arbitrary detention of two torture victims

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the arbitrary arrest of Mr. Muzibur Rahman and Mr. Waheduzzaman by the army in the Paikgachha Upazilla (sub district) of Khulna district (please see further: UP-011-2007; UA-367-2006; UP-232-2006). The AHRC has learned that the Paikgachha police produced the two businessmen before the Upazilla Magistrate’s Cognizance Court of Paikgachha and charged them under section 54 of the Code of Criminal Procedure on 1 February 2007. Magistrate Mr. Masudul Haque rejected their request for bail and then ordered the men imprisoned. Under section 54, the police and military have the authority to arbitrarily arrest civilians under suspicion, charging and detaining them without evidence. The two businessmen now face an uncertain future since their arbitrary arrest has been condoned by the local court.  The victims and their families continue to fear for their lives, while the government authorities still have not taken any action against the alleged perpetrators.  It is clear that local authorities are abusing the nation’s current emergency measures to arrest, torture and terrorize the two businessmen.   

UPDATED INFORMATION:

On the morning of 1 February 2007, Mr. Muzibur Rahman and Mr. Waheduzzaman were transferred from the hospital to the Paikgachha police station. The victims had previously stayed in the hospital for six days, receiving treatment for the torture that they endured at the hands of the military. Later that afternoon, the police sent them to the Paikgachha Upazilla Magistrate’s Cognizance Court and charged them under section 54 of the Code of Criminal Procedure. It is reported that Sub Inspector Mr. Shariful Islam was directly involved with this process. Up until then, the victims had not been charged with any crime. Magistrate Masudul Haque then ordered both men be sent to prison, while rejecting their bail petitions. Later that evening, Muzibur and Wahed were brought to the Khulna District Jail. Meanwhile, the AHRC was informed by the local sources on February 7 that the police has been attempting to put both Muzibur and Wahed in detention for 30 days under the Special Powers Act-1974.

Both victims’ families are now worried about their physical condition in prison. Since they had only been released from hospital on the morning of their incarceration, it is likely that they still require medical attention. The families believe that the prison’s medical facilities are inadequate and fear that the two men will not receive the treatment they need. Furthermore, Muzibur and Wahed’s relatives are also living in fear and are worried that they will experience future harassment by the army and other law-enforcing agents.

ADDITIONAL COMMENTS:

Bangladesh has been facing a state of emergency from 11 January 2007 for the fifth time since the independence of the country. Since the declaration of the state of emergency in the country, two laws have been being widely used to arrest and detain people arbitrarily. On the day of proclamation of the state of emergency the President Professor Iajuddin Ahmed imposed the Emergency Powers Ordinance-2007. The Ordinance has been followed by the Emergency Powers Rules-2007, which has been imposed on 25 January 2007. The feature of the Emergency Powers Ordinance is quite abnormal in the sense that this law includes the military, paramilitary, police, intelligence agencies and other irregular forces in the “law and order maintaining forces”.

According to section 16 of the Emergency Powers Rules 2007, all personnel of the law and order maintaining forces are empowered to arrest any person on suspicion without any warrant. In one hand, this law restricts political programmes including protests, demonstrations, strikes, processions and publishing the news on such activities; and criticism of the actions of the government in media along with other activities of the people. The proclamation order issued by the President clearly declared that “the right to lodge case with the courts in order to reinstate the fundamental rights ensured in the Part III of the Constitution shall remain suspended during the state of emergency”. Therefore, the courts currently do not receive any complaints or petitions lodged by citizens who are challenging the actions of law enforcement officers (military and police personnel) regarding the violations of their fundamental rights as those rights have been suspended since the proclamation of the state of emergency according to articles 141B & 141C of the Constitution of Bangladesh. Article 141B is about Suspension of provisions of certain articles during emergencies and Article 141C is about Suspension of enforcement of fundamental right during emergencies.

On the other hand, according to section 10 of the Emergency Powers Rules-2007, all crimes mentioned in this law are ‘non-bailable’, ‘non-compoundable’ and cognizable, which declares two years to five years rigorous imprisonment. In reality, the armed forced are playing the dominant role, nowadays, to arbitrarily arrest, torture and detain people using the Emergency Powers Ordinance and Rules 2007, while the police is following the commands, suggestions or recommendations of the armed forces.

The Special Powers Act-1974 has been randomly used to detain persons arbitrarily for longer periods. According to section 3 of the Special Powers Act-1974, the Government may detain any person for prejudicial act or remove any person from Bangladesh. The relevant sections of the Act are as follows:

Section 3. Power to make orders detaining or removing certain persons- (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order-
(a) directing that such person be detained;
(b) directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order; 
Provided that no order of removal shall be made in respect of any citizen of Bangladesh.

(2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v), (vi), (vii) or (viii) it is necessary so to do, make an order directing that such persons be detained.

(3) When any order is made under sub-section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government.

(4) If any person fails to remove himself from Bangladesh in accordance with the direction of and order made under sub-section (1)(b), then, without prejudice to the provisions of sub-section (5), he may be so removed by any police officer or by any person authorised by the Government in this behalf.

(5) If any person contravenes any order made under sub-section (1)(b), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

Section 4. Execution of detention orders- A detention order may be executed at any place in Bangladesh in the manner provided for the execution of warrants of arrest under the Code.

According to section 9 of the Act, the Government is authorised to ‘constitute an Advisory Board for the purpose of this Act’. Another arbitrary section of the ACT is following below:

Section 12. Action upon the report of advisory board- (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit:

Provided that the Advisory Board shall, after affording the person concerned an opportunity of being heard in person review such detention order, unless revoked earlier, once in every sic months form the date of such detention order and the Government shall inform the person concerned of the result of such review.

In reality, around one thousand persons are being arrested today by the “joint forces” [armed forces, paramilitary forces and the police together] under the Emergency Powers Ordinance-2007 across the country and many of them (the arrested persons) are being detained under the Special Powers Act-1974. All detentions are, primarily, for 30 days; the government extends it according to its wish as well as its attitude toward the person detained. Ultimately, the detainees have no place to go for redress, neither courts nor any other independent authority like National Human Rights Commission, which does not exist in Bangladesh.

The AHRC strongly condemns the arbitrary arrest and torture of the two victims. It is clear that the police and military are abusing their powers to detain the two businessmen. The AHRC also demands that the authorities allocate proper medical attention to the victims and that their families are provided with immediate protection. The AHRC urges the Bangladeshi authorities to intervene in this case and launch an investigation onto the alleged perpetrators.

SUGGESTED ACTION:
Please urgently send letters to the relevant Bangladesh authorities listed below and urge them to investigate the arbitrary arrest, detention and torture of Muzibur and Wahed by the army in Paikgachha of Khulna district and release them without delay. Please also urge the government to take strong disciplinary action against the alleged perpetrators.

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