BANGLADESH: Troops granted pardon despite gross human rights violations 

BANGLADESH: State crime: mass arrests and torture by the army, but impunity

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Fifty thousand Bangladeshi troops may receive immunity from prosecution and thereby be reprieved of responsibility for torture and other human rights abuses, including the deaths of as many as 44 detainees. The means through which the amnesty would take place is the Joint Drive Indemnity Ordinance, which was created by Prime Minister Begum Khaleda Zia’s government. If the ordinance is passed, dozens of pending criminal cases filed against the troops by victims or their families may be automatically dismissed.

The ordinance comes at the end of a controversial anti-crime drive known as Operation Clean Heart. Lasting from October 16, 2002-January 9, 2003, the campaign was launched to purge the nation of crime. Zia had deployed the army in October to help the police and civilian administration after she and her government were criticized for a severe rise in murder, extortion, kidnappings, lynchings and crimes against women by gangs linked to ruling and opposition political parties. During the course of the operation, approximately 11,000 people were arrested and more than 2,000 weapons and 30,000 rounds of ammunition were seized. Furthermore, according to human rights groups and press reports, 44 people died in the army’s custody or in hospitals after being freed. Relatives of the victims claim that the detainees were brutally tortured in order to extract confessions. The government has only confirmed the deaths of 12 suspects and said that all of them died of heart attacks in hospitals after being handed over to police.

Human rights promoters deem the indemnity ordinance a breach of the constitution and the rule of law. Barrister Kamal Hossain stated that the ordinance \”formalises the government’s hitherto undeclared policy of torturing and murdering suspects and [exposing] ordinary people to savage repression by the most powerful wing of the government-the armed forces.\” Human rights groups also allege that the ordinance violates the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Bangladesh ratified on October 5, 1998.

Law Minister Moudud Ahmed stated, however, that the indemnity bill may be justified by Article 46 of the constitution, which allows the government to grant indemnity in certain cases if approved by Parliament. The ordinance will be heard before Parliament on January 26.

CHRONOLOGY OF DEATHS DURING THE JOINT MILITARY OPERATION, \”OPERATION CLEAN HEART\”

– Oct. 17, 2002: Shafiqul Islam, 16, son of Dudu Mia, dies as the army opens fire on an agitating crowd in Bogra.

Md. Yakub Ali, 40, organizing secretary of the Uttara thana unit of the Bangladesh Nationalist Party (BNP), dies in the capital after being picked up by the army. His body is handed to relatives the next day.

Jahangir Hossain, 38, a BNP activist, is picked up by the army from his Pallabi residence in the city and dies in custody. Relatives receive Jahangir’s body the following day.

– Oct. 19, 2002: Abul Khayer Molla, 50, a BNP activist and freedom fighter, dies at the Gopalganj Sadar Hospital after army arrest and interrogation.

– Oct. 21, 2002: Afzal Hossain, 25, a businessman, dies at the Savar Combined Military Hospital after being picked up from a tea stall and interrogated by an army team.

– Oct. 22, 2002: Amirul Islam Rocket, 35, general secretary of the Bhola district unit of the Awami League, dies at the Bhola Sadar Hospital, a day after arrest.

Saifuzzaman dies in Gaibandha following his arrest by the joint forces the day before.

– Oct. 23, 2002: Nazmul Islam Milan, 40, a Jubo League activist and ticket seller of a cinema, dies at the Rajshahi Medical College Hospital hours after his arrest by the army.

– Oct. 25, 2002: Abdul Aziz Sardar, 47, general secretary of the Pangsha thana BNP, dies two days after his arrest by the troops on October 23.

– Oct. 26, 2002: Khorshed, 35, a day-labourer of Kalapoka Ramgati, dies at the Choumuhuni station, allegedly beaten by the army while asleep.

– Oct. 27, 2002: Masum Biswas, 38, an activist of the Khulna Jubo League and cousin of AL lawmaker Sheikh Helal, dies at the Dhaka Medical College Hospital (DMCH), three days after his arrest in Khulna on October 23.

– Oct. 28, 2002: Kala Chand Tripura, a constable of the Pekua police station in Cox’s Bazar, dies at the Chittagong Medical College Hospital (CMCH), four days after being beaten by an army team.

Abul Hossain Litu, 27, dies in his poultry farm at Savar following alleged torture by the army. The army claims Litu fell from the rooftop of the farmhouse and died as he tried to escape.

– Oct. 29, 2002: Jamir Uddin, a suspected criminal, dies at the Gopalganj Thana Health Complex in Sylhet hours after his arrest by the army.

Abu Syed Delu, 22, died at the Chest Disease Hospital in the capital a week after his arrest.

– Oct. 30, 2002: Jennifer Syed King, 25, a Jatiyatabadi Chhatra Dal (JCD) activist, dies at Panchagar, a day after his arrest.

Tota Mia, 37, a Jubo League activist, dies at Madaripur within four hours of his arrest.

– Nov. 1, 2002: Mizanur Rahman Busha, 40, an activist of the Chuadanga unit of the Jubo Dal, dies at the Khulna Medical College Hospital, two days after his arrest on October 29.

– Nov. 3, 2002: Lebu Mia, 45, a farmer of Baithakhali in Habiganj, dies. He was arrested on October 30 and handed to the police.

– Nov. 4, 2002: Abdul Haque, 32, a microbus driver, dies at the Osmani Medical College Hospital, ten days after his arrest on October 25. He was sent to jail although he was sick.

– Nov. 7, 2002: Rashedul Hasan, 35, an assistant film director, dies at the DMCH. He was picked up from his Tejkunipara residence on November 2 and the next morning found unconscious in front of his house.

– Nov. 8, 2002: Saiful Islam, 22, an activist of Chhagolnaiya Jubo Dal, dies at the Feni Sadar Hospital hours after being arrested with crackers. He was handed to the police in a critical condition.

– Nov. 9, 2002: Abu Sufian, 30, dies at an army camp in Mohammadpur.

– Nov. 10, 2002: 73-year-old Haji Abul Kashem dies at the Tangail General Hospital nine days after arrest.

– Nov. 19, 2002: Zahirul Islam Mia, 25, president of Ward No. 82 unit of the Jubo Dal, dies at the Mitford Hospital after, according to army, residents of Shyampur beat him up and handed him over to the troops.

An unidentified man, aged about 40, dies at the Mitford Hospital after being handed to the Keraniganj police by the army in a critical condition.

– Nov. 20, 2002: Tasu Mia, 45, a businessman at the Nilkhet Bakusha Market, dies at an army camp, a day after his arrest. Army claimed that he was run over by a passenger bus.

– Nov. 21, 2002: Masum, 30, dies at the DMCH two days after he was picked from Fatullah.

A day labourer, Hakim, dies at the DMCH eight days after being caught in crossfire between the army and criminals at Gabtoli in the city on November 13.

Shariful Mallik, 26, dies on the way to the Khulna Medical College Hospital. He was arrested from Rupsha on November 1.

– Nov. 25, 2002: Arju Mia, 38, a BNP leader and president of the Poura Rickshaw Sramik Dal, dies at the DMCH. He was picked up from Bora of the Poura area and admitted to the Gazipur Sadar Hospital in a critical condition.

– Nov. 30, 2002: Tipu Biswas, 35, a Khulna Jubo Dal activist, dies in army custody.

– Dec. 10, 2002: Abdus Sattar, a businessman, dies at the Bogra Mohammadpur Hospital, two days after being picked up by the army.

– Dec. 14, 2002: Nabi Hossain Kahn, 50, a rickshawpuller, dies at Narsinghdi after being picked up by the army. His body was found in a pond in Raipura.

– Dec. 15, 2002: Jasim Uddin, 25, dies at the CMCH hours after his arrest.

– Dec. 16, 2002: Shafiuddin Swapan, 35, a Jubo Dal leader, dies at the DMCH.

Omar Faruk alias Tiger Faruk, 46, brother of Narayanganj city BNP joint convenor Abdus Sattar, dies at the DMCH after arrest the day before.

Ibrahim Khalil Ibu, a Chhatra League leader of Kotbari Rampur in Comilla, dies at the DMCH, a day after his arrest.

Mir Jahirul Rabin, 22, student of Tejgaon College, dies at the DMCH after being picked up by the army on December 4 and admitted to the hospital on December 8.

Abu Barek Rubel, 24, of Charandeep of Buripukur, succumbs to his injuries prior to his admission to the Boalkhali Hospital after being picked up by the army during a drive to nab robbers.

– Dec. 20, 2002: Yusuf, 34 of Rangunia, dies at the CMCH.

– Jan. 3, 2003: Mohammad Rashed, 25, dies at the CMCH. He was arrested along with firearms from Sandwip on December 25 night.

– Jan. 6, 2003: A leader of an outlawed party dies few hours after he was arrested in Pabna.

– Jan. 8, 2003: Abdul Khaleq Sarkar, 28, a poultry businessman, dies at the Gazipur Sadar Hospital. He was arrested from Shafipur Bazar on Jan. 6.

(Provided by the Daily Star)

SUGGESTED ACTION

Based on the facts described above, please send your appeal to the following Bangladeshi authorities and the ruling Bangladesh Nationalist Party (BNP), advocating the dismissal of the Joint Drive Indemnity Ordinance.

 

 

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