BANGLADESH: A bus driver severely assaulted and arrested on an unlawful charge by police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-066-2007
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source of the alleged assault and arbitrary arrest of a public bus driver in Dhaka on 23 January 2007. We have been informed that a Traffic Police Sergeant stopped the victim’s bus when he was stopping to allow a woman to alight. The sergeant entered the bus and started to slap the victim and hit him  with a baton, ruler stick and rifle butt. The victim was sent to the nearby hospital later on some of his passengers however he was arrested and charged by the police after being discharged from the hospital for the reason that he disturbed the official duty of police officers. The victim was taken into custody and his belongings including the driving licence, other important documents, a wristwatch and a gold ring, were confiscated by the police officers at the time of his arrest.

CASE DETAILS:

According to the information we have received, at around 11:30 am on 23 January 2007, Mr. Md. Masudur Rahman, a driver of the Bangladesh Road Transport Authority was driving from Mirpur to Motijhel in Dhaka. At the bus stop in Farmget in Dhaka city when he stopped the bus to allow an old woman to alight, a traffic police sergeant Nazmul Ahsan commanded the bus driver to move forward. As this might result in the bus hitting the old woman the driver did not comply with the officer’s command.

When the traffic police sergeant in charge found that the driver was not following his directions, he boarded the victim’s bus with several other officers and dragged the victim out from the bus to the street and started beating him with batons and roller sticks and also kicked him which led the victim receiving owe severe injuries to his body.

The victim was sent to Al-Razi hospital located near to the site by the passengers on his bus who had witnessed the incident from the start. The victim was admitted the hospital soon as he arrived there and received treatment at the hospital. However, as soon as the victim came back to the site the traffic police sergeant arbitrarily arrested him and snatched the medical prescription from his hand.

The victim was brought to the police box located nearby to the site and was handed over to the Tejgaon police station. There he was taken into custody and deprived his driving licence, other important documents, wristwatch and a gold ring which is valued at 1200 Taka.

It has been reported that there are many witnesses who closely watched the incident from the beginning on the street and in the victim’s bus. One of the by-passers who was on the street told that the police officers abused him as if he were a dangerous criminal.

According to the information we have received, the police officer in charge at the Farmget traffic police box which is controlling the traffic in the site where the victim was brutally assaulted has denied the brutal assault of Mr. Md. Masudur Rahman by several traffic police sergeants. On the contrary, the Farmget traffic police box claimed that there was a VIP was on the road near the bus stop and thus the traffic police sergeants ordered the victim to stop for that reason.

The traffic police sergeants who brutally assaulted the victim have allegedly denied the assault of the bus driver. The traffic police sergeant commented that the victim refused to comply with the order of the traffic police sergeant intentionally and he also threw a water can at the sergeant. The sergeant thus arrested the victim due to disturbing official duty of traffic police sergeants and filed a charge against the victim according to the law. The victim denied throwing water can at the sergeant and claimed that he did not move the bus because of the safety of the passenger who had just alighted.

The AHRC condemns that the brutality of the police authority who committed alleged brutal assaults of Mr. Md. Masudur Rahman, who is an ordinary citizen of Bangladesh. As it has been enshrined under the article 7 of the International Covenant on Civil and Political Rights (ICCPR) which is one of the important international human rights instruments widely acknowledged by international society, no one should be subjected to cruel or inhuman treatment such as police assault as in the case of Mr. Md. Masudur Rahman. Although the Bangladesh government has not ratified the ICCPR, the principle that no one shall be subjected to cruel assaults should be regarded as inherited rights of citizens of any countries.

Moreover, the act that the police arrested the victim without constitutional process in this case shows immaturity of police behaviour in conducting their official duty as law enforcement officers.     
We therefore would like to urge the authorities of Bangladesh to conduct immediate investigation into this case and to provide appropriate legal remedies to the victim to seek justice over this case.

In addition, we would like to urge the government of Bangladesh to take serious steps for reviewing the moral standards including human rights values in practice of police officers of whatever ranks.

SUGGESTED ACTION: 
Please write letters to the authorities listed below and urge them an immediate investigation into the several traffic police officers who are the alleged perpetrators of this case. Please also urge them to give necessary assistance for the victim to seek legal remedies.

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

SAMPLE LETTER

Dear __________,

BANGLADESH: A bus driver severely assaulted and arrested by unconstitutional charge by police

Name of victim: Mr. Md. Masudur Rahman, driver of the Bangladesh Road Transport Authority, from Mirpur, Dhaka city, Bangladesh
Address of victim:  House No-07, Line No-03, Block-C, Section-12, Mirpur, Dhaka
Alleged perpetrators:  Nazmul Ahsan, Traffic Police Sergeant, and several other traffic police sergeant officers of Traffic zone North, Mohammadpur, Dhaka. 
Date of the incident: at around 11:30 am on 23 January 2007

I am writing to you to show my deepest concern over the alleged brutal assault and arbitrary detention of a bus driver of Bangladesh Road Transport Authority Mr. Md. Masudur Rahman by police on 23 January 2007.

According to the information I have received, at around 11:30 am on January 23, a bus driver Mr. Md. Masudur Rahman, was driving from Mirpur to Motijhel in Dhaka. When he was stopping the bus for dropping off an old woman at the bus stop in Farmget in Dhaka city, a traffic police sergeant Nazmul Ahsan ordered the Mr. Md. Masudur Rahman to move ahead the bus. However the driver did not follow the order of the traffic sergeant in order to avoid hitting the woman whom he just dropped off.

Soon after one of the traffic police sergeant in charge found that the driver was not following what he ordered he got into the victim’s bus with several other officers and dragged the victim out from the bus to the street and started beating him with baton and roller stick and also kicked him in front of many by-passers which caused the victim to sustain severe injuries on his body.

After he was beaten by the police officers, the victim was sent to Al-Razi hospital where located near to the site by the passengers on his bus who have seen the incident from the start. The victim was admitted to the hospital soon as he arrived there and received a treatment at the hospital. However, soon as the victim came back to the site after he was discharged from the hospital, the traffic police sergeant arbitrarily arrested him and snatched the prescription given to the victim from his hand and tearing it off in front of the victim.

Later on the victim was brought to the police box located nearby the site and was handed over to the Tejgaon police station. There he was sent to custody and was deprived his belongings including driving licence, other important documents, wristwatch and a gold ring which is the same value to 1200 Taka.

It has been reported that there are many witnesses who closely watched the incident from the beginning on the street and in the victim’s bus. According to the information I received, one of the by-passers who was on the street told that the police officers abused him severely as more than a dangerous criminal.

I have also learned that the police officer in charge of the Farmget traffic police box which is controlling the traffic in the site where the victim was brutally assaulted have denied the involvement of traffic police sergeants in the brutal assaults of Mr. Md. Masudur Rahman. On the contrary, he claimed that there was a transportation bringing VIP personnel on the road near the bus stop and thus the traffic police sergeants ordered the victim to stop for that reason.

Moreover, Nazmul Ahsan, the traffic police sergeants who brutally assaulted the victim have allegedly denied the commitment to the assault of Mr. Md. Masudur Rahman. He commented that the victim refused to hear the order of the traffic police sergeant intentionally and he was thrown a water can by the victim therefore he arrested the victim due to disturbing official duty of traffic police sergeants and filed against the victim according to the law. However, the victim denied the fact that throwing water can to the sergeant and claimed that he did not move the bus because of the security reason of the passenger who had just alighted.

I deeply regret to say that the incident have just revealed brutal and immoral character of the police authority in Bangladesh who committed alleged brutal assaults of Mr. Md. Masudur Rahman, who is an ordinary citizen.

As it has been enshrined under the article 7 of the International Covenant on Civil and Political Rights (ICCPR) which is one of the important international human rights instruments widely acknowledged by international society, no one should be subjected to cruel or inhuman treatment such as police assault under the case of Mr. Md. Masudur Rahman. Although Bangladesh government have not signed to ratify the ICCPR, the principle that no one shall be subjected to cruel assaults should be regarded as inherited rights of citizens of any countries. Moreover, the act that the police arrested the victim arbitrarily without constitutional reasons in this case shows immaturity of police behaviour in conducting their official duty as law enforcement officers.

I am also concerning that if the perpetrators of brutal police assault of ordinary citizens as the concerned case of Mr. Md. Masudur Rahman were left without being brought to justice, it would exacerbate the impunity of authorities as it has been afflicting the people of Bangladesh for long time.

In light of the above, I would like to urge you to take necessary actions to conduct immediate investigation into this case and bring the alleged perpetrators to the justice, and provide appropriate legal remedies to the victim to seek justice over this case.

I would also like to urge the government of Bangladesh to take serious steps for reviewing the moral standards including human rights values in practice of police officers of whatever ranks.

I look forward to your prompt responses into this important case.

Sincerely yours,

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PLEASE SEND YOUR LETTER TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser 
Government of the People’s Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka 
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490 
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)

2. 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

3. Mr. Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568

4. Barrister Moinul Hossain
Adviser 
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O) 
Fax: +88-02-7168557 (O)

5. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677 
Fax: +880 2 9563362 or 9563363

6. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 9179016 ((ATTENTION: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : UA-066-2007
Countries : Bangladesh,
Issues : Torture,