Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned that as we worried, the police now allegedly fabricated charges against two prominent NGO leaders: Mr. Md. Abul Kashem Palash, Principal Programme Coordinator of the PROSHIKA, and Mr. Md. Aminul Islam, Director of the Association of Development Agencies in Bangladesh (ADAB) soon after the High Court Bench ordered their immediate release on 26 February 2007. They are still detained in prison, as the Chief Metropolitan Magistrate (CMM) of Dhaka rejected their bail application on 1 March 2007. They are now planning to file the bail application before the Appellate Division on 5 March 2006. The AHRC is deeply concerned that the police are abusing legal procedures to weaken the court’s release order and keep the two persons in detention for a longer period. Both the victims were illegally arrested by the RAB-2 on 12 January 2007 and are currently detained at Dhaka Central Jail (Please see: UA-067-2007).
CASE DETAILS:
CASE 1: Two fabricated charges against Mr. Palash
The Mohammadpur police have allegedly implicated Mr. Md. Abul Kashem Palash in two pending charges. According to the papers forwarded by Mr. Abdul Noman,the Officer-in-Charge (OC) of the Mohammadpur police station and that were signed by Sub Inspector (SI) Mr. Ataur Rahman, Mr. Palash was shown to have been arrested in case numbers: 31, dated 12 September 2006, under section: 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 332 (voluntarily causing hurt to deter public servant from duty), 333 (voluntarily causing grievous hurt to deter public servants from duty), 353 (assault or criminal force to deter public servant from duty) and 427 (mischief causing damage to the amount of fifty Taka) of the Penal Code of Bangladesh. The application forwarded to the Chief Metropolitan Magistrate (CMM) of Dhaka was bearing the date 23 February 2007. Six names were accused in the First Information Report (FIR), which was lodged by SI Mr. Abdur Rouf on 12 September 2006.
In another charge, on 24 February 2007, Sub Inspector Mr. Md. Abu Sayed Mian requested the CMM show that the arrest of Mr. Palash related to case number: 54, dated 21 September 2006, u/s 147, 148, 323 (voluntarily causing hurt) and 427 of the Penal Code. In the FIR lodged by Mr. Md. Salah Uddin Karim,Probationary Sub Inspector (PSI) of the Mohammadpur police station, 11 names were identified, while another 10 to 15 men and 7 to 8 women were accused.
However, in the original FIRs relating to these two cases, Mr. Palash was not named among the accused.
CASE 2: Three fabricated charges against Mr. Aminul Islam
Similarly, an application signed by SI Mr. Amir Hossain of the Dhanmondi police station bearing date 24 February 2007 was forwarded by the OC Mr. Anwar Hossain to the CMM to show that Mr. Aminul Islam arrest was related to case number: 1, dated 3 December 2006, u/s 341 (wrongful confinement), 143 (punishment for unlawful assembly), 435 (mischief by fire or explosive substance with intent to cause damage to amount of one hundred Taka) and 427 of the Penal Code. The SI also applied for 7-day police remand of Mr. Aminul before the court.
On 26 February 2007, the Dhanmondi police station again appealed to the CMM to show that Mr. Aminul arrest related to more cases. SI Mr. Hafiz Uddin lodged the petition, which was forwarded via the OC of the Dhanmondi police station, to keep Mr. Aminul charged in accordance with case numbers: 25, dated 16 October 2006, u/s 143, 332, 333, 353, 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 and 34 (acts done by several persons in furtherance of common intention) of the Penal Code. Mr. Aminul was then implicated in case number 17 dated 12 November 2006 u/s 143, 435 and 427 of the Penal Code.
However, none of the original FIR of the three cases included Mr. Aminul’s name.
Alleged fabrication of charges by the police in violation of court order:
It should be noted that Mr. Palash and Mr. Aminul were not mentioned as the accused in none of the original FIRs related to the cases listed above and that the Mohammadpur and the Dhanmondi police never investigated the two victims relating to those cases for months after the incidents took place. However, interestingly, the police conspired to include their names in the alleged crimes, as soon as the High Court Bench of Supreme Court issued a release order for the two men on February 26. According to the official records, all charges against Mr. Palash and Mr. Aminul were recorded on February 27 at the office of the Deputy Commissioner (Prosecution) of the CMM Court Dhaka.
On February 28, the Attorney General’s office filed an appeal on behalf of the government with the Appellate Division seeking stay order on the operation of the High Court judgment. As it was the last day of Chief Justice Mr. Seyed J R Modassir Hossain in office, the Appellate Division decided to hear the case on March 5, chaired by the new Chief Justice Mohammad Ruhul Amin.
Meanwhile, Mr. Palash and Mr. Aminul were finally produced before the CMM Court of Dhaka on March 1 for the first time since their arbitrary arrest and 47 days of detention began. Regarding the police application for the 7-day remand of Mr. Aminul, Magistrate Mr. Shafik Anwar of CNN Court No. 5 decided to hear it on March 5. Mr. Aminul‘s family fear that he will be tortured by the police if his police remand application is granted by the court. The Magistrate Mr. Abdus Salam of the CMM Court No.-29 rejected the bail application of Mr. Palash and ordered to send him back to prison. The copy of the AHRC’s previous appeal on this case was presented before the court.
In Bangladesh, the court usually does not halt a previous order when the hearing of the matter is adjourned. However, the Supreme Court made a controversial decision of staying the High Court judgment in the case, without hearing the arguments of most of the counsels of the two victims.
SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below urging them to take prompt action to ensure the release of the two victims according to the High Court Bench order. Please also urge them to investigate the arbitrary arrest and detention of the victims by the RAB-2, as well as the alleged false implication of the victims into pending cases by the police. The fabricated charges against the victims should be withdrawn immediately. 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: Two detained NGO leaders implicated with pending fabricated charges by the police
CASE 1:
Name of the victim: Mr. Md. Abul Kashem Palash, aged 52, Principal Programmes Coordinator of PROSHIKA, and Chairperson of the Association of Development Agencies in Bangladesh (ADAB) Dhaka Chapter
Residential address of the victim: House # P15, Nurjahan Road under the Mohammadpur police station in the Dhaka city, Bangladesh
Alleged perpetrators: 10-12 personnel of the Rapid Action Battalion (RAB)-2 stationing in Mohammadpur, Dhaka
Period of arbitrary arrest and detention: from 12 January 2007 to date
The victim currently detained at: Dhaka Central Jail
CASE 2:
Name of victim: Mr. Md. Aminul Islam, aged 57, Director cum Chairperson of the ADAB
Residential address of victim: # D-3, House # 8, Road # 13, Dhanmondi Residential Area, under the Dhanmondi police station in the Dhaka city, Bangladesh
Alleged perpetrators: 8-9 RAB-2 personnel stationing in Mohammadpur, Dhaka, led by Captain Rajon
Period of arbitrary arrest and detention: from 12 January 2007 to date
The victim currently detained at: the Dhaka Central Jail
I am writing to express my deep concern about the alleged fabrication of charges by the police against two NGO leaders namely Mr. Md. Abul Kashem Palash and Mr. Md. Aminul Islam soon after the High Court Bench ordered their immediate release on 26 February 2007.
Mr. Palash was falsely implicated by the Mohammadpur police in case no. 31dated 12 September 2006 u/s 147, 148, 149, 332, 333, 353 and 427 of the Bangladesh Penal Code (BPC) and case no. 54 dated 21 September 2006 u/s147, 148, 323 and 427 of the BPC.
Meanwhile, Mr. Animul was falsely implicated by the Dhanmondi police in three cases; Case no. 1 dated 3 December 2006, u/s 341, 143, 435 and 427 of theBPC; case no. 25 dated 16 October 2006 u/s 143, 332, 333, 353, 326 427 and 34 of the BPC; case no. 17 dated 12 November 2006 u/s 143, 435 and 427 of the BPC.
I want to draw your attention to the fact that Mr. Palash and Mr. Aminul were not mentioned as the accused in none of the original FIRs related to the cases mentioned above. Further, the Mohammadpur and the Dhanmondi police never investigated the two victims relating to those cases for months since the incidents took place but interestingly, they conspired to include their names in the alleged crimes, as soon as the High Court Bench issued their release order on February 26.
I believe that this is yet another incident involving the police abusing legal procedures to weaken the court’s release order and keep two persons in detention for a longer period.
I am informed that Mr. Palash and Mr. Aminul were finally produced before the CMM Court of Dhaka on March 1 for the first time after their arbitrary arrest and 47 days of detention since their arbitrary arrest on 12 January 2007. Such “preventive”, prolong detention without being produced before the court is in clear violation of Article 33 of the constitution of Bangladesh, Section 61 of the Code of Criminal Procedure as well as the international human rights standards.
I am also informed that the Chief Metropolitan Magistrate (CMM) Court of Dhakawill hear the police application for 7-day remand of Mr. Aminul on March 5. Mr. Aminul’s family fear that he will be tortured by the police if his police remand application is granted by the court.
I am further informed that on 28 February 2007, the state party appealed against the order of the High Court Division Bench passed on 26 February with the Appellate Division of the Supreme Court. The hearing is also scheduled for March 5. Meanwhile, on March 1, the Magistrate Mr. Abdus Salam of the CMM Court No.-29 rejected the bail application of Mr. Palash and ordered him to be sent back to prison.
I condemn the Bangladesh government for using the state of emergency to arbitrarily arrest and detain NGO leaders and human rights defenders, with fabricated charges and vague allegations of anti-state activities. This is done for no reason other than to harm their credibility and disgrace their human rights work.
The Government of Bangladesh should feel shame for sitting on the UN Human Rights Council, while taking no action against the ongoing arbitrary arrest and prolong “preventive detentions” against its own citizens.
I therefore strongly urge you to take prompt action to ensure the immediate release of Mr. Palash and Mr. Aminul, according to the High Court Bench orders. The fabricated charges against the victims should be withdrawn immediately. Also, a prompt and independent investigation should be conducted into their arbitrary arrest and detention, as well as strong disciplinary and legal action taken against the responsible RAB-2 personnel including Captain Rajon and the police officers. The victims should also be adequately compensated.
Most of all, I strongly urge you to take action to immediately stop the false implications of Bangladeshi citizens in pending cases by law enforcement officers who abuse “preventive detention” and imply vague accusations. The Government of Bangladesh should respect the right to security of a person in any circumstance as mentioned in the International Covenant on Civil and Political Rights (ICCPR), to which the Bangladesh is a state party. The Bangladesh government should also immediately abolish the Special Powers Act-1974, which is being used for arbitrary arrest and detention in the country. I further urge the Government to withdraw the state of emergency as soon as possible and restore the fundamental rights of the citizens.
Yours sincerely,
—————
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
2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058
3. 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)
4. Barrister 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
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. Mr. Hassan Mahmud Khandokar
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +880 2 8962884 (O)
7. Mr. Shahidul Islam Bhuyan
Deputy Commissioner of Police (Prosecution)
Chief Metropolitan Magistrate’s (CMM) Court of Dhaka
Office of the DC Prosecution
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)
CMM CourtPremises
Johnson Road, Dhaka-1100
BANGLADESH
Tel: +880 2 7116188 (Off), +880 2 9880655 (Res)
Fax: +880 2 7114470
