BANGLADESH: Police allegedly mishandle a case

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the police authorities have allegedly received bribes for arbitrarily arresting people from a community involved in a case land dispute. It is reported that when the villagers exposed corruption of the police and the harassment they were suffering, the police threatened them to withdraw their petition.

CASE DETAILS: (based on a fact-finding report by a local human rights group)

Two groups of people living in four villages in Khulna district have had a dispute over 76.94 acres of submerged land (known as ‘Jolmohal’) for several years now. People belonging to both groups earn a living fishing in the area and they have cases and counter-cases against each other. Following the cases, local civil courts that have different jurisdictions have imposed either permanent or temporary injunctions on certain portions of the land which maintains the status quo in certain portions. Some of the cases have been pending for several years at the Court of the Senior Assistant Judge of Paikgachha (Civil case no. 127/01) and the Court of Additional Deputy Commissioner of Revenue in Khulna (Miscellaneous appeal case no. 16/07)

In the second week of February 2008, the Paikgachha police arbitrarily arrested Mr. Dilip Kumar Dhali and Mr. Sujan Kumar Dhali for their involvement in a protest against the other group’s activities regarding the disputed land. After their arrest, the police intimidated them that they would be implicated in charges of robbery and extortion unless they paid bribes to the police. Due to the continuous intimidation, their relatives borrowed money from different people and paid Taka 17,000.00 (USD 250) to the police. The arrestees claim that the police released them without recording their arrest but forced them to sign on blank papers and warned them not to make any trouble for Mr. Abdul Hamid Sardar, who is known to lead other group. 

On February 22, a police team comprising Sub Inspector (SI) Mr. Manjurul Alam and a constable, accompanied with a group allegedly lead by Abdul Hamid Sardar went to the area. According to the witnesses, the group of people, with the direct assistance from the police, attempted to build a big room adjacent to the submerged land to show their possession over the land. While most of the men were hiding due to the fear of arbitrary arrest and harassment three female villagers (Ms. Arati Rani Dhali, Ms. Devi Rani Dhali and Ms. Tripti Rani Dhali) protested against their work. Then, the officers beat them.

Two days later, on February 24, the Paikgachha police recorded a complaint of Abdul Halim Sardar against eight persons of another group including Mr. Shankar Kumar Dhali, for theft of fish from the submerged land and attacks on people. The number of the case is 33, dated 24 February 2008, which was lodged under sections 143 (unlawful assembly), 447(criminal trespass), 323 (causing hurt voluntarily), 307 (attempt to murder), 379 (theft), 385 (putting person in fear or injury in order to commit extortion) and 506 (criminal intimidation) of the Penal Code.

On February 28, Mr. Dheer Shanto Dhali lodged a petition case (no. 168/08) at the Upazilla Judicial Magistrate’s Court of Paikgachha regarding the violation of the civil courts’ decisions as well as the attack on three women. He also put other group’s names on it. However, he claims that he did not include police in the petition out of fear for the security of the community he belongs to from arbitrary arrest and detention and fabricated charges by police.

Then, Magistrate Mr. Pronoy Kumar Das ordered the Officer-in-Charge (OC) of the Paikgachha police to investigate and take legal action into the matter following the findings. Following the court’s order, the OC Mr. Hasehm Ali Khan recorded the petition case as a First Information Report (FIR) (no. 25/08) and assigned SI Mr. Ayenuddin Bishwas as the Investigating Officer (IO) on March 14.

At 3am on March 15, a police team led by SI Manjurul and three constables went to the house of Mr. Rabindra Nath Dhali who is not involved in the dispute. Then the police shouted his name and used abusive language on Mr. Dhali who was sleeping at that time. Getting no response, the police started kicking on the door of the house. As soon as Mr. Dhali came out of his house, SI Manjurul slapped and kicked him indiscriminately in front of his family members. Then, the police handcuffed him and took him to the police station and detained him without any record of his arrest. While in detention, the police intimidated Dhali that he would to be implicated in pending charges of robbery and extortion and insisted that he pay bribes. It is reported that after a long negotiation between the police and his relatives, the police agreed to release him at 3pm in order to keep him for 12 hours’ detention by receiving Taka 5,000.00 (USD 74) as ‘ransom’ and got his signature on a blank paper.

Fifty six villagers who have suffered this harassment and corruption by the police sent a petition to the Deputy Inspector General (DIG) of the Khulna Range for lawful action. Upon receiving the petition, the DIG, Mr. Asaduzzaman, ordered the Superintendent of Police (SP) of Khulna, Mr. Belalur Rahman, in a letter (DIG Memo No. crime/2929, dated on 19/03/08) to conduct an inquiry by an Additional SP in this regard, take legal action against those responsible and inform the details within 10 days to the DIG. However, to date no investigation has been conducted into the allegation against those responsible for the police biased actions and corruption.

Meanwhile, Mr. Khalilur Rahman, a driver, claimed in his affidavit on March 24 that he had no affiliation with the alleged incident regarding the case lodged by Abdul Halim Sardar and he further claimed that his name was included without his knowledge.

It is also reported that since this case was reported by the court and DIG, the Paikgachha police have pushed the signatories of the petition to withdraw it from the DIG. Moreover, the villagers claimed that SI Manjurul has tried to arrest the accused in a case lodged by Abdul Hamid Sarkar in order to intimidate them.

ADDITIONAL COMMENTS:

This incident shows how the administration of justice (or lack of it) in the region by police works and how the police misuse their power to harass or arbitrarily arrest people in order to get bribes by ignoring orders either from courts or higher police officers. While SI Manjurul, who was assigned as the IO of the case (No. 33/08, of 24 February 2008) lodged by Abdul Halim Sardar, did not arrest any of the eight person in the case but instead arbitrarily arrested other persons belonging to the same community in order to get bribes from them.

In addition to this deep-rooted corruption of police, the case also indicates how the police operate in favour of powerful communities or rich people in the region. Even though two Sub Inspectors are serving at the same Paikgachha Police Station, their activities are utmost contrast. On the one hand, SI Manjurul has been actively involved in arbitrarily arresting persons belonging to one community based on a complaint lodged another community but on the other hand, SI Ayenuddin Bishwas has hardly done anything regarding the complaints lodged by another community. It reflects that the police discriminate against certain communities who are underprivileged.

The AHRC urges the authorities to launch a thorough investigation by an independent body to explore the facts. The authorities must stop the ongoing harassment of the religious minority groups by the local police. 

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this alleged incident of arbitrary arrest, detention and extortion by the police and provide adequate protection and compensation to the victims of this incident.

The AHRC writes a separate letter to the UN Special Rapporteurs on the Question of Torture and the Working Group of Arbitrary Detention calling for the intervention in this case.

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