Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a Rapid Action Battalion (RAB) team illegally arrested, detained and interrogated a number of men in February 2010. Though one was released without charge after nine days of being illegally held, three have been faced with allegedly concocted murder and arms charges, while another has not been heard of since his arrest. There are strong fears that his life is in danger. No information was given to the families of the men after their arrests, no warrant was produced and criminal procedure in this case was entirely subverted. RAB-4 appears to be operating outside of domestic and international law, and specifically, of the Armed Police Battalions (Amendment) Act 2003.
Urgent action is required to recover the missing man, release those in illegal detention and bring corrupt and negligent officers to account. A Habeas Corpus Petition will be taken by a division bench of the High Court, to be heard on Thursday 15 April 2010.
CASE DETAILS: (According to family and witness of the incident)
On 18 February 2010, Mr. Salim (photo), a small time businessman was asked to join an old friend Mr. Mainul Islam at the house of Mainul’s sister, Ms. Asma, in Pirojpur village (under the Kapasia police station). We are told that the next morning at about 7:30, Salim’s wife Mrs. Nazma received a phone call from Asma, telling her that an RAB team had arrived at the house an hour before and told everyone to come out with their hands raised.
Mainul, Salim and Salim’s cousin Mohammad Ali Hossain were arrested, handcuffed, blindfolded and taken away: Mainul and Ali in one vehicle and Salim in another. The vehicles drove towards Dhaka. The remaining residents found that the area adjacent to the house had been cordoned off by the RAB.
After nine days’ detention Ali returned home alone and was able to report about his time in detention, as seen here and below:
In the vehicle after his arrest, Ali notes that he tried to talk to the officers repeatedly, but was ignored. Half an hour after his arrival at a detention centre he was taken to a room and interrogated while blindfolded. Ali asked why he had been arrested. He was told that he was associating with the targeted ‘accused’, Mainul. Ali explained his family and social connection with the detainees and protested his innocence. He was asked to explain his occupation as a farmer with a small fishery project and warned that the officers might decide to fabricate a murder case against him. The officers also asked whether Ali recognized any of them; he replied that he could not because he was blindfolded.
On 20 February he was transferred to another unknown place, later disclosed as the RAB-4 headquarters (Paikpara of Section No. 1, under Mirpur police station in Dhaka). RAB officers there interrogated Ali about his work and his connection to crimes; Ali disputed all the allegations again but was again threatened with being framed. Officers asked him to ‘choose what type of case should be fabricated’ against him.
At this centre Ali reports seeing a number of co-detainees crying when they were being taken back to their cells. Three men, Abdul Hasanat, Mohon and Mamun (further details in the letter below) told him that the RAB officers had tortured them. They said that they had seen Salim and Mainul earlier in separate cells of the RAB-4 office.
Ali claims that he was detained for eight days at RAB-4. On 28 February officers handed him to the Kafrul police. He remembers that an RAB officer asked the police not to take away Ali’s wallet (which contained BDT 650). Ali was later instructed to pay a BDT 100 court fee without explaining why before being produced before the Chief Metropolitan Judicial Magistrate’s Court of Dhaka. He was released uncharged at midnight on 1 March, when he discovered that Salim was still missing and that his family had been given no information about his arrest or whereabouts.
On 13 April Salim’s wife Nazma had told the AHRC about her husband’s disappearance after his arrest more than six weeks earlier, with no legal or criminal procedure connected to his disappearance. She and her family had taken their search to the relevant police stations, prisons, hospitals and morgues but had not managed to learn anything.
When visiting Mainul at Dhaka Central Jail Nazma learned that Salim had been detained with him until 20 February. A Habeas Corpus Petition has now been filed with the High Court Division of the Supreme Court of Bangladesh, to be taken by a Division Bench of the High Court. It will be heard on Thursday 15 April 2010.
Another cousin of the missing man, Mr. Joynal Abedin was also able to meet with Mainul at the jail, and learned more about the alleged murder fabrication against the men. Mainul described being taken by microbus to a quiet place next to Surovi Hospital, a private clinic, on 28 February at midnight, along with Hasanat, Mamun and Mohon. The area is under the Cantonment police station in Dhaka.
According to the detainee, the escorting RAB officers left the car and shot about 10 rounds of bullets from their guns, after which they put a revolver into Mainul’s pocket and a packet of Benson and Hedges containing five rounds of unused bullets into Mohon’s pocket. Officers then reportedly called local residents out from their homes and claimed that they had ended a gun fight with a group of armed criminals before proceeding to ‘arrest’ the three of them.
Mainul told Joynal that he and the other two men now faced a fabricated murder charge and an arms possession case. He is concerned that Salim may have died in the custody of the RAB officers.
ADDITIONAL INFORMATION:
Under Bangladeshi law it is possible for persons to be arrested without a warrant for small misdemeanors, such as creating public disorder, which allows them to be held for 24 hours and fined. The AHRC suspects that this charge is being presented to Magistrates to explain cases of illegal arrest in which they do not want to admit error, nor create stronger fabricated charges. This would explain the small fine that Ali was asked to pay to the court. The AHRC would like access to the arrest records of Mr. Ali to determine whether his nine day detention was recorded, and on what legal grounds he was detained.
It should be noted that his detention is in violation of Article 33 (2) of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898, which obliges arrested persons to be produced before a Magistrate within 24 hours. The disappearance of Salim is violation of Articles 31, 32 and 33 (2) of the Constitution, which guarantees the right to the protection of law, the right to life and personal liberty and acts as safeguards against arbitrary arrest and detention.
SUGGESTED ACTION:
Please write to the authorities below asking that they immediately intervene to ensure that the case is investigated by competent parties, and that Mr. Salim is located and released. Those found to have been involved in the illegal arrest, arbitrary detention and disappearances in this case must be prosecuted without delay. The detainees and their families must be afforded adequate compensation.
Please note that the Asian Human Rights Commission has written a separate letter to the UN Working Groups on Involuntary and Enforced Disappearance and on Arbitrary Detention requesting their interventions in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______,
BANGLADESH: A man has been missing for the six weeks since his arrest by Rapid Action Battalion officers in Gazipur
Name of the missing victim:
Mr. Salim, aged 35 years, a businessman of fruits and fish, son of Mr. Abdur Rashid, living in Vaoal Chandpur village under the Kapasia police station of the Gazipur district
Name of detained victims:
1. Mr. Mohammad Ali Hossain, a farmer and fish businessman, living in Pirojpur village under the Kapasia police station in Gazipur district.
2. Mr. Mohon, 28, son of Ismail Sirker of Mirpur
3. Mr. Abdul Hasanat, 28, son of Shibah Uddin of Vaoal Chandpur village under the Kapasia police station of the Gazipur district
4. Mr. Mainul Islam
5. Mr. Mamun
Name of officers who were allegedly involve in the case:
1. Mr. Md. Mozaffar Hossain, Deputy Assistant Director (DAD)
2. Mr. Md. Jahangir Alam, Sub Inspector of Police
3. Mr. Quashem, Havildar
4. Mr. Taleb, Lance Nayek
5. Mr. Abul Bashar, Nayek
6. Mr. Mamun, Constable
All are attached to the Rapid Action Battalion (RAB)-4 stationed at Paikpara in Mirpur of the city of Dhaka
Place of Incident: The custody of the RAB-4 in Dhaka
Date of incident: 19 February 2010
I am shocked and concerned to learn that a Rapid Action Battalion (RAB) team illegally arrested, detained and interrogated a number of men in February 2010. Though one was released without charge after nine days of being illegally held, four have been faced with allegedly concocted murder and arms charges, while another has not been heard of since his arrest. There are strong fears that his life is in danger.
Mainul, Salim and Salim’s cousin Mohammad Ali Hossain were arrested, handcuffed, blindfolded and taken away on 19 February from the house of Mainul’s sister, Ms. Asma, in Pirojpur village (under the Kapasia police station). After nine days’ detention Mr. Ali returned home alone and was able to report on his time in detention. Among this information is the fact that he was not told about the grounds for his arrest other than his association with an accused, that he was interrogated by RAB officers while blindfolded, and warned that the officers might decide to fabricate a murder case against him. The officers also asked whether Mr. Hossain recognized any of them, which he could not because he was blindfolded.
On 20 February he was allegedly transferred to the RAB-4 headquarters (Paikpara of Section No. 1, under Mirpur police station in Dhaka), where he was further interrogated and threatened with being framed. Officers asked him to ‘choose what type of case should be fabricated’ against him.
Mr. Hossain also reports being told by three co-detainees, Mr. Abdul Hasanat, Mr. Mohon and Mr. Mamun that RAB officers had tortured them, and that they had seen Salim and Mainul earlier in separate cells of the RAB-4 office.
Mr. Hossain claims that he was detained for eight days at RAB-4. On 28 February officers handed him to the Kafrul police who instructed him to pay a BDT 100 court fee without explaining why before being produced before the Chief Metropolitan Judicial Magistrate’s Court of Dhaka and released uncharged at midnight on 1 March.
Meanwhile I understand that no legal or criminal procedure was connected to the disappearance of Mr. Salim, who remains missing. His Wife Ms. Nazma and her family had taken their search to the relevant police stations, prisons, hospitals and morgues but had not managed to learn anything. However in a visit with Mr. Mainul at Dhaka Central Jail she learned that Salim had been detained with him until 20 February. I understand that a Habeas Corpus Petition has now been filed with the High Court Division of the Supreme Court of Bangladesh, to be taken by a Division Bench of the High Court. It will be heard on Thursday 15 April 2010.
I have also received information about the charges laid against the four other detainees, as reported by a cousin of the missing man, Mr. Joynal Abedin, who spoke with Mainul in detention. On 28 February Mainul was allegedly taken by microbus to a quiet place next to Surovi Hospital, a private clinic at midnight, along with Hasanat, Mamun and Mohon (under the Cantonment police station in Dhaka), where RAB officers shot about ten rounds. They put a revolver into Mainul’s pocket and a packet of Benson and Hedges containing five rounds of unused bullets in Mohon’s pocket, before waking up local residents and carrying out a public arrest of the ‘armed’ men. I understand that the four men now face a fabricated murder charge and one of arms possession.
There are concerns that Salim may have died in the custody of the RAB officers.
Please note that no information was given to the families of the men after their arrests, no warrant was produced and criminal procedure in this case was entirely subverted. RAB-4 appears to be operating outside of domestic and international law, and specifically, of the Armed Police Battalions (Amendment) Act 2003. A Habeas Corpus Petition will be taken by a division bench of the High Court, to be heard on Thursday 15 April 2010.
Under Bangladeshi law it is possible for persons to be arrested without a warrant for small misdemeanors, such as creating public disorder, which allows them to be held for 24 hours and fined. The Asian Human Rights Commission informs me that this charge may be presented to Magistrates to explain cases of illegal arrest in which they do not want to admit error, nor create stronger fabricated charges. I ask that the AHRC be given copies of the arrest records of Mr. Hossain to determine whether his nine day detention was recorded, and on what legal grounds he was detained.
It should be noted that his detention is in violation of Article 33 (2) of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898, which obliges arrested persons to be produced before a Magistrate within 24 hours. The disappearance of Salim is violation of Articles 31, 32 and 33 (2) of the Constitution, which guarantees the right to the protection of law, the right to life and personal liberty and acts as safeguards against arbitrary arrest and detention.
Urgent action is required to recover the missing man, release those in illegal detention and bring corrupt and negligent officers to account.
I trust that you will take prompt action in this regard.
Yours sincerely,
—————
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Sheikh Hasina
Prime Minister
Government of the People’s Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
2. Mr. Mohammad Rezaul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868
6. Justice Amirul Kabir Chowdhury
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com
7. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd
8. Hassan Mahmood Kahndker
Director General
Rapid Action Battalion
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: + 880 2 8919078/ 880 2 8961101
Mobile: +8801199886600 / 8801713014050/ 8801713374469
Fax: + 880 2 896 2884
Email: dg_rab@rab.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
