BANGLADESH: Alleged extrajudicial killing of a carpenter by army personnel at Moulovibazar

Dear friends,

The Asian Human Rights Commission (AHRC) has received a report from Odhikar, a human rights organization in Bangladesh, regarding the alleged extrajudicial killing of a carpenter by army personnel from the Moulovibazar Army Camp on or around 18 June 2007. It is reported that the victim was arrested by a team of 15 army personnel led by Captain Sakib at around 11:30pm on June 18 from Moulovibazar at the Western Bazaar area of Moulovibazar town. While the witnesses say that they saw the obvious signs of injury on the victim’s body, the army personnel denied of torturing him and claim that the victim died of a heart attack. We were also informed that the local police have not taken any serious action to investigate the case and arrest those responsible after merely filing a unnatural death case about the incident.

CASE DETAILS:

Md. Torik Miah was a 39 year old carpenter living at the Monohorpur village in ward no.8 of no. 11 Sharifpur Union under Kulaura Thana of Moulovibazar town, Bangladesh.

According to his wife Ms. Salma Begum, Torik Miah left for Moulovibazar town, which is located about 100 kilometres away from his house, to buy medicine for his 7-year old second daughter, Jelly, on 18 June 2007. At around 11:30pm on the same day, her maternal cousin Khairul, aged 26, came to her house and told her that someone had called him on his cell phone and informed him of Torik Miah’s arrest by army personnel from Moulovibazar in Kulaura Thana, Moulovibazar town. Kulaura Thana is situated further 50 kilometres away from Moulovibazar. However, Ms. Salma Begum was unable to find the whereabouts of her husband and the reason for his arrest. According to the version given by the army, Torik Miah was arrested by a team of 15 army personnel led by Captain Sakib at around 11:30pm on June 18 from Moulovibazar at the Western Bazaar area of Moulovibazar town.

In the middle of the night at around 1:00am on the following day, 8-10 army personnel from the Moulovibazar Army Camp came to Torik Miah’s house. They searched the entire house by torchlight but found nothing. When they were leaving, one of the the army personnel asked Ms. Salma Begum to put her signature on a blank paper. When Salma refused to do so, they told her that it was a necessary procedure to confirm that no arms had been found in her house. Ms. Salma Begum then signed in the paper. Despite her repeated questions about her husband’s whereabouts, the army personnel did not say anything.

In the morning of June 19, Ms. Salma Begum informed her husband’s elder brother Mr. Mubir Miah about the incident, who had returned from a relative’s house. According to Mr. Mubir Miah, on June 19, the Police Constable Sultan from the Kulaura police station came to his house along with a man named Masud, who is the member of Ward No. 6 of the Sharifpur Union Parishad. Constable Sultan told him to sign in a blank sheet of paper. Despite his refusal, Constable Sultan pressured him to sign in the paper saying that he needed to prove that he had been to Md. Mubir’s house.

Soon after Mr. Mubir Miah signed in the blank paper, Constable Sultan told him that his brother’s body was at the hospital. When he asked him how his brother had died, Constable Sultan merely told him that he had heard that Torik Miah died of a heart attack after being arrested by the army personnel from Moulovibazar Army Camp.

Meanwhile, Mr. Shafiuzzaman, the Officer-In-Charge (OC) of the Kulaura police station said that at around 3:00am on June 19, he received a phone call from the Duty Officer of the police station who informed him that Dr. Abdullah from the Kulaura Thana Health Complex came to the police station and wanted to talk to him. Dr. Abdullah then informed OC Shafiuzzaman that the army had brought the dead body of Torik Miah to the hospital. According to Dr. Abdullah, while he was on duty at around 3:00pm on June 19, he was informed from Dr. Hye that several army personnel had brought a dead body to the hospital. After writing a report with regard to the fact of who had brought the dead body to the hospital, he took the body to the Kulaura police station. However, Dr. Abdullah reportedly refused to say anything about the condition of Torik Miah’s body except to say that he saw a wound on the victim’s hand.

The OC Shafiuzzaman then immediately left for the hospital taking 5 police officers with him. He also notified Abdul Qayuum, the Thana Nirbahi Officer (TNO) and A N M Faizul, an Assistant Commissioner of Land, of the incident and requested them to come to the hospital. After their arrival, the Sub Inspector Atique, who was assigned to be the investigation officer of this case, prepared the inquest report in front of them. When asked about the contents of the inquest report by the local human rights group, the OC reportedly said that the army officials had told him not to reveal it.

According to SI Atique, an unnatural death case numbered 4 dated 10/06/07 had been filed at the police station regarding the incident. He also said that Taka 41,000 (USD 610) and Tork Miah’s mobile phone seized by the joint forces were deposited at the police station.

After the inquest, Torik Miah’s body was transferred to the Moulovibazar Sadar Hospital for a post mortem at around 8am on June 19. SI Atique and four constables were presented at the Moulovibazar Sadar Hospital during the procedure. Upon the arrival of the victim’s body, the post mortem board consisted of Dr. S M A Hakim along with Dr. Padma Mohan and Dr. Kanti Bhushan Bhattachariya. Afterwards, the victim’s body was sent to the Sylhet Osmani Medical College Hospital for a second post mortem, where Dr. Adiluzzaman of the Department of Forensic Medicine, Dr. Amjad Hossain of the Departments of Pathology and Dr. N K Pal of the Department of X-ray conducted the procedure. Dr. Adiluzzaman stated that it was an unusual practice to have a second post mortem as was almost impossible to deduce anything because the first post mortem had caused disfigurement to the body. However, he said that the required organs of the victim were sent to Mohakhali, Dhaka for necessary tests.

However, Md. Taher, the 65-year-old cleric of the Jaame Mosque of Monohorpur village, who bathed the victim’s body, reported that he saw blood clots on the victim’s wrists, the skin of his arms was torn and bloody and his lower abdomen showed signs of beatings. He also said that there were signs of beatings with a cane on the victim’s back and stomach and the body bore swollen bruises in many places. Another local man named Koton (60) also confirmed that he too saw many signs of beating on the victim’s body, which bore a grievous wound on the left ribs.

At around 10:00pm on June 19, the victim’s body was taken to his house in an ambulance by the five policemen from the Kulaura police station, who allegedly forced the victim’s elder brother Mr. Mubir Miah to carry out the burial in haste that very night.

Meanwhile, Captain Sakib, who led the army team at the course of the victim’s arrest, reportedly said that they were heading to Torik Miah’s house to recover illegal arms after arresting him. He claimed that Torik Miah was then suddenly fell sick and was taken to the Kulaura Thana Health Complex. He added that while 8 army personnel including him remained at the hospital, joint forces consisted of 7 army personnel and 3 Moulovibazar Thana police officers, which led by Captain Syed, went to Torik Miah’s house to recover illegal arms. After that they vested the responsibility of the victim’s treatment on the OC of the Kulaura police station and returned to the army camp. Captain Sakib claims that none of his members had tortured the victim and also insists that he died of a heart attack.

Major Moinul, the Head of the Moulovibazar Army Camp reportedly said that they arrested Torik Miah after gathering information about him for the past 4-5 months based on specific complaints against him. He claims that the victim was a contract killer and was involved in the illegal smuggling of Nasir Uddin Biri (hand made cigarettes) and fishing nets in the area near India-Bangladesh border. He further insisted that upon his arrest, Torik Miah immediately admitted to possessing firearms at home but when they searched, nothing was found.

Mr. Faruk Ahmed, the Superintendent of Police (SP) of the Moulovibazar district said that the police had not accompanied the army personnel during the course of the victim’s arrest. While merely saying that he would act upon the result of the post mortem of the victim’s body; however, an observer stated that the police only received the body of the victim and only they (the army personnel) knew how the victim died.

Torik Miah is survived with his wife and four young daughters, Shapla aged 9, Jelly aged 7, Sumaiya aged 4 and Samia aged 1. His wife Ms. Salma Begum said that she did not know how she would feed her daughters and how her family would survive without her husband.

Alleged reason for his arrest by the victim’s family:

According to the victim’s brother Mr. Mubir Miah, Torik Miah was the President of two Madrasas of Monohorpur, namely Anwarul Ulum and Darul Kera. Mr. Mubir Miah also alleged that on 27 June 2002, Mr. Mosoddor Ali (60), the elected Member of Ward No. 8 of the Sharifpur Union Porishad, had plotted to kill Mr. Abul Kashem, who is the victim’s brother-in-law. Accordingly, Mr. Abul Kashem’s elder brother Mr. Jonab Ali had filed a case against Mr. Mosoddor Ali, his four sons along with other 8 persons and Torik Miah was the second witness of that case. The police then arrested the accused persons who were released on bail after serving terms of five months in jail. The victim had allegedly received threats from Mr. Mosoddor Ali relating to this case.

In 2003, when Torik Miah got a contractual job to mend the road beside his house, Mr. Mosoddor Ali allegedly demanded Taka 30,000 (USD 447) as a ‘subscription’ for the work. Torik Miah began his work by paying Taka 5,000 (USD 75) to him. When he failed to pay the rest of the money, he got into a clash with Mr. Mosoddor Ali’s men. The victim and some others namely Lutfur, Shohag and Aziz, who were engaged into the road mending project, were severely injured during the clash. At that time, Mr. Mosoddor Ali’s nephew Babul filed a case at the police station against Torik. At the time of his death, an outstanding warrant out for the victim’s arrest was relating to this complaint.  The SI Atique of the Kulaura Police Station also confirmed that the victim was a warranted accused of a case numbered 3 dated 04/11/2003. Mr. Mubir Miah also reported that Mr. Mosoddor Ali and his followers had also beaten up his another brother named Muttakin (43), who developed psychological problems due to the head injuries received during the assault.

The victim’s maternal cousin, Ms. Dilara Begum (16), also alleges that at around 8:00pm on 13 June 2007 the Joint Forces at the Nosirganj Bazaar broke the lock of a grocery shop’s cash box, retrieved a single round and a pipe gun and arrested Mr. Mosoddor Ali’s nephews Raju (13) and Tosid (18) who ran the shop. She said that she had learned from many local villagers that the two brothers told the army personnel during the interrogation that the victim was keeping illegal arms. This fact was confirmed by the two boy’s elder brother Bashed Ali. She assumes that this might be the reason for the victim’s arrest by the army personnel. Meanwhile, when Tosid fell in sick in the Jail of Moulovibazar and was admitted to the Moulovibazar Sadar Hospital. He was again transferred to the Sylhet Osmani Medical College Hospital for better treatment but died at the hospital on 23 June 2007.

SUGGESTED ACTION:
Please immediately write to the relevant authorities listed below demanding an immediate, impartial and thorough investigation into this case. Please urge them to arrest the alleged perpetrators and bring them to justice as soon as possible.

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