BANGLADESH: A man allegedly tortured and further implicated with a false case by the Khan Jahan Ali police in Khulna

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of the alleged arbitrary arrest and torture of a man named Mr. Seyed Zabed Hossain by the Khan Jahan Ali police in Khulna district, Bangladesh on two occasions, 3 December 2006 and on 4 February 2007. On December 3, the victim was arrested due to a complaint lodged by his relatives, who allegedly bribed the Investigation Officer (IO) of the case, and further tortured by the Khan Jahan Ali police during his custody. The victim was released on bail on December 29, after being detained at the Khulna District Jail for 24 days. On 4 February 2007, the victim was called to the Khan Jahan Ali police station, where he was asked to pay a bribe of US$ 145 to a Sub Inspector in exchange for the withdrawal of the charges against him. It is alleged that the police brutally tortured the victim and further implicated him with a false charge, after revealing that he secretly recorded the conversation related to the bribery on his mobile phone. The victim was again released on bail after 4 days detention. Meanwhile, the governmental authorities have not taken any action regarding this incident.

CASE DETAILS:

Mr. Seyed Zabed Hossain, a 35-year-old contractor by profession lives in Gilatala village under the jurisdiction of the Khan Jahan Ali police station in Khulna district, Bangladesh. On 2 December 2006, his uncle Mr. Seyed Mohammad Ali lodged a complaint relating to a land dispute against Zabed and his parents, Mr. Seyed Jalal and Mrs. Ambia Khatun at the Khan Jahan Ali police station (Case no. 2, under sections 323, 324 and 326 of the Bangladesh Penal Code).

Subsequently, the Khan Jahan Ali police arrested Zabed on 3 December 2006. While he was in police custody overnight, Zabed was allegedly tortured by the Investigation Officer (IO) of the case, Sub Inspector Mr. Motiur Rahman and three other police constables namely Mr. Nur Islam, Mr. Hemayet and Mr. Saidul. He was beaten with sticks on different parts of his body and SI Motiur also kicked him when the victim tried to hold the Sub Inspector’s leg to plead with him to stop the beating. It is alleged that Mr. Mohammad (the complainant) bribed to SI Motiur to ‘effectively’ pursue his complaint.   

On the following morning (December 4), the police produced Zabed before the Chief Metropolitan Magistrate (CMM) Court in Khulna and his parents also surrendered to the same Magistrate Court. The Magistrate, Mr. Atikur Rahman then granted bail to Zabed’s parents but refused Zabed’s bail application. Zabed was then sent to the Khulna District Jail where he was detained for 24 days.

On December 28, Zabed managed to get bail from the Magistrate’s  Court and was released from jail on December 29. Meanwhile, Zabed learned that SI Motiur had already prepared the Charge Sheet against him and his parents relating to the said land dispute case. One morning, SI Motiur called Zabed on his mobile phone and asked him to go to the police station.

On 4 February 2007, Zabed went to the Khan Jahan Ali police station by the rickshaw of Mr. Ilias to see Sub Inspector Motiur as instructed by him. SI Motiur allegedly asked the victim to pay him Taka 10,000 (US$ 145) in exchange for withdrawing the charges against him from the charge sheet. Zabed bargained the amount of the money with SI Motiur, while recording the conversation in his mobile phone in his pocket.

After the conversation, Zabed attempted to leave the police station in a hurry. SI Motiur, who felt it strange, ordered the on-duty sentry (police constable) to bring Zabed back to the police station. When Zabed came back, SI Motiur searched his body, checked his mobile phone and found the recorded conversation.

Astonished SI Motiur then began to brutally assault Zabed with a stick. When Zabed tried to hold the stick, SI Motiur called two other policemen. SI Motiur kicked Zabed’s chest with boots, while two police constables were holding Zabed’s hand’s and legs. SI Motiur also beat the victim’s soles as well as different joints of his body. All the three police officers then kicked the victim with boots and assaulted him with fists on all over his body. As a result of the brutal assault, Zabed sustained bruising on the upper part of his left hand, right wrist and other areas.

Meanwhile, upon hearing the victim’s outcry, the rickshaw puller Mr. Ilias went back to the victim’s house and informed his family about the incident. Zabed’s mother Mrs. Ambia Khatun and aunt (father’s sister) Mrs. Aklima Khatun then rushed to the police station. However, the police prevented them from entering the station.

On the following morning on February 5, SI Motiur sent Zabed to the CMM Court of Khulna under section 54 of the Code of Criminal Procedure while Zabed’s mobile phone and money was shown as “seized items”. Magistrate Mr. Atikur Rahman rejected the victim’s bail petition and remanded him to the Khulna District Jail, where he was detained for 4 days.

On 8 February 2007, Zabed was granted bail by the same judge and released on February 9. According to human rights activists, who met the victim, they saw the signs of the victim’s injuries, including the bruise on his left arm and right hand’s wrist.

According to the victim’s family, the government has taken no action against the alleged perpetrators despite the fact that more than two months have already passed. The victim and his family members are living in extreme fear of further harassment by the police.

ADDITIONAL COMMENTS:

In Bangladesh, it is common practice that the police and other law-enforcing agencies use torture as a method of interrogation. On one hand, the Bangladesh government ensures impunity to the alleged torture perpetrators and on the other hand it has not criminalized torture in its local legislations, although Bangladesh is a state party to the Convention Against Torture (CAT). Bangladesh is an elected member of the UN Human Rights Council.

The Asian Human Rights Commission (AHRC) has documented a number of cases of custodial torture and extra-judicial killings in Bangladesh. Please see further Special Report titled “Lawless law enforcement and the parody of judiciary in Bangladesh” published by the Asian Human Rights Commission (AHRC) in article 2 (Vol. 5, No. 4, August 2006) and 2006 AHRC Human Rights Report chapter on Bangladesh.

SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below urging them to take prompt action to investigate the alleged torture and fabrication of cases against the victim by the Khan Jahan Ali police. Please also send your letters to the relevant UN agencies listed below.

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