Dear friends,
The Asian Human Rights Commission (AHRC) has received detailed information about the engagement of Khulna Detective Branch officers in extreme and open extortion. The officers arbitrarily arrested a man from his home and detained him illegally at a police post for ransom, while threatening to file fabricated charges against him. After his family refused to pay the man was reportedly tortured, remanded and charged with fabricated crimes, regardless of contrary evidence. His case will be heard on 21 July and strong intervention is necessary to secure his release and compensation.
The use of the nation’s courts by police officers as a tool for private industry is a shocking but sadly common occurrence in Bangladesh, and a strong indication of police impunity in the country. Such cases do untold damage to public confidence in the law. The only recourse is to see that such officers are thoroughly and openly investigated, and charged to the fullest extent of the law.
CASE NARRATIVE: (Based on interviews with the family and witnesses)
On 10 February 2010 at around 1am a group of around seven plain clothed persons arrived at the house of Mr. Abdus Sobhan Mollah, in Boratia village, under the jurisdiction of the Dumuria police. They introduced themselves as officers from the Detective Branch (DB) of the Khulna Police.
Members of the group were later identified as: Sub Inspector (SI) Mr. Nishikant Sirker and Assistant Sub Inspector (ASI) Mostafizur Rahman; and police constables Shah Alam (Badge No. 85), Shamsul Alam (Badge No. 1491), Md. Chunnu Mian (Badge No. 1171), Haidar Ali (Badge No. 1298) and Kartik (Badge No. 669), who drives the police vehicle. We are told that they were guided to the house by Mr. Shahid Sheikh, a locally known police source.
The officers stated that they were looking for Mollah’s thirty-year-old son, Sakhawat Hossain Saki. They raided the house without a search warrant and took Saki away in a blindfold and handcuffs, also without a warrant for his arrest; no explanation was offered to him or his family. We are told that SI Sirker instructed the family to contact the Dumuria police the next morning. They then took him about 30km to the Rupsha Bus Terminal Police Outpost (under the jurisdiction of the Rupsha police), where they held him in secret detention.
We are told that when Saki’s father and cousin, Mr. Ruhul Amin, went to the Dumuria police station at 7am, officers there denied the arrest. They suggested that the pair search for him elsewhere. Ruhul called Sub Inspector Shikdar Akkas Ali on his mobile number (which appears on his call records: 88 01711 173548) and was told to go to the Khulna District DB police office at 10am.
In the meantime Saki had managed to call his wife’s cell phone from the phone of a co-detainees’ visitor, and his family went to the Rupsha Bus Terminal Police Outpost to find him at around 12 noon. They took food, which Saki said he had not been provided during his time in illegal custody.
We are told that at around 7pm DB SI Akkas Ali arranged a meeting with Saki’s relatives at the DB Police Office at 9pm. On their arrival Saki’s father and three other relatives were kept waiting on the office veranda, and were told that the officers were discussing the matter and that they would be informed of the outcome.
At about 10pm ASI Mustafizur Rahman emerged from the meeting and proposed that Saki’s family pay BDT 25,000 for his unconditional release from custody, without charge. The relatives could not afford this amount and bargained with the officers, who then reportedly threatened to fabricate a variety of serious criminal charges against Saki. His relatives agreed to pay BDT 20,000. After returning from the meeting again, ASI Mustafizur claimed that due to this reduction in payment it would instead be arranged for Saki be produced before the court for a ‘minor’ fabricated offence, for which he would have to seek bail. At this point Saki’s father said that in such a case they would not pay more than BDT 12,000, and when this was rejected by the police officers, they left the office.
We are informed that the next day, on 11 February at around 10pm Saki was transferred from the outpost to Koyra police station, and was beaten with sticks and kicked by the police officers on the way while inside the police van, and at the station. The transfer team included SI Nishikant Sirker, ASI Mustafizur Rahman and few constables.
The detective branch police and the Koyra police then fabricated a detailed offence involving the possession of illegal arms and ammunition. This alleges that Saki was arrested by DB police on the street between Khornia Bazar and Boratia at around 4pm on 11 February (an area under the Dumuria police); that Saki confessed to having arms and ammunitions hidden; and that police found such items in a hole near the Sakbaria river, around 7km from Koyra police station. The stash is cited as including two locally made ‘pipe guns’ and three bullets. The case was registered (No. 6, dated 12 February 2010) under Section 19 (f) and 19A of the Arms Act of 1878, and recorded by Inspector Kazi Daud Hossain, the Officer-in-Charge (OC) of the Koyra police station. The First Information Report (FIR) names three witnesses to the arms recovery: a Mr. Rajab Ali Sheikh, Mr. Rezaul Karim Mollah and Mr. Tushar Kanti Mondol.
On 12 February, in the afternoon, the police produced Saki before the Senior Judicial Magistrate in Koyra, but the informality of the weekend proceedings did not allow his relatives to arrange for legal representation. He was taken back into police remand for three days, then sent to the Khulna District Jail on 15 February, with his petition for bail rejected.
It should be noted that the court, by relying entirely on the report submitted by police and not consulting with the victim, failed to discover that he had been in custody for more than 55 hours, in violation of Article 33 of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898. By taking a more active, responsible role and making better use of judicial inquiries, courts in Bangladesh are in a position to protect persons from such fabricated charges,
We are told by Saki’s relatives that when they met him at Khulna District Jail he had trouble walking due to injuries to his chest, waist and legs that were sustained during the police beatings. He has been denied medical treatment by police and prison officials. Various sources also note that the three witnesses cited in the FIR are motorbike drivers, known for operating as police sources in the neighbourhood, and are often seen transporting police officers. There are a number of witnesses to the actual arrest at Saki’s home days earlier, including his family and a neighbor. As well as the gross violation of his legal rights, the incident has reportedly been humiliating for Saki, and has damaged his reputation.
Saki was officially charged on 16 March by Investigation Officer (IO) SI Abul Hashem of the Koyra police, (Charge Sheet No. 26) under Sections 19 (f) and 19A of the Arms Act of 1878, and the Senior Judicial Court of Koyra accepted the investigation report and transferred the case to the Sessions Judge’s Court of Khulna.
On 21 May a petition for Saki’s bail was rejected by the Sessions Judge, and his trial date fixed for 28 June. It was postponed due to the absence of the judge and will next be heard on 21 July.
ADDITIONAL INFORMATION:
The AHRC has been able to get more details from a co-detainee of Saki’s, as detailed in an audio interview, to follow soon. Mr. Monabbor works at an ice factory in Rupsha and was with Saki at the Rupsha Bus Terminal Police Outpost on 10 February. He helped Saki make the call to his relatives, through visitors. Monabbor reports that he left the police outpost at 11:30am to be presented a Khulna court.
SUGGESTED ACTION:
Please write to the officials listed below requesting that they intervene immediate to secure the release of Saki from prison and the grossly fabricated case taken against him. Please insist that the authorities take thorough legal action against the alleged perpetrators, to encourage further claims from civilians subject to similar abuse. The branch and police stations involved must be thoroughly investigated for evidence of other such illegal rackets. Please also ask the authorities to arrange for adequate compensation for the victim.
Bangladesh must initiate thorough reforms of its criminal justice system due to its prevailing dysfunctional nature. Only political will can bring change to the law-enforcement and criminal investigation systems, and return some semblance to power and responsibility to the judiciary.
The Asian Human Rights Commission has already written separate letters to the UN Working Group on Arbitrary Detention and the Special Rapporteur on Question of Torture, urging their interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
BANGLADESH: Detective branch police illegally arrest a man and fabricate an arms case against him after his family refuse to pay a bribe
Name of the victim:
Mr. Sakhawat Hossain Saki, aged 30, son of Mr. Abdus Sobhan Mollah, living in Boratia village under the jurisdiction of the Dumuria police station in Khulna district
Names of the alleged perpetrators:
1. Mr. Nishikant Sirkar, Sub Inspector of Police
2. Mr. Md. Mostafizur Rahman, Assistant Sub Inspector of Police,
3. Mr. Shikder Akkas Ali, Sub Inspector of Police
4. Mr. Mr. Rokanuzzaman, Sub Inspector of Police
5. Mr. Mr. Shah Alam, Police Constable (Badge No. 85)
6. Mr. Shamsul Alam, Police Constable (Badge No. 1491)
7. Mr. Md. Chunnu Mian, Police Constable (Badge No. 1171)
8. Mr. Haider Ali, Police Constable (Badge No. 1298)
9. Mr. Kartik, Police Constable (Badge No. 669) and driver of police vehicle
All attached to the Detective Branch of Police in Khulna district
10. Mr. Shahid Sheikh, son of Mr. Mohammad Sheikh, living in Ranai village under the jurisdiction of the Dumuria police station in Khulna district, working as a source of the Detective Branch of Police
11. Mr. Kazi Daud Hossain, Inspector of Police and Officer-in-Charge (OC) of the Koyra police station of Khulna district
12. Mr. Abul Hashem, Sub Inspector of Police, attached to the Koyra police station of Khulna district
Date of arrest and detention: 10 February 2010
Place of arrest and detention: The home of the detainee, Boratia village under the jurisdiction of the Dumuria police station in Khulna district
I am writing to express my serious concern regarding the engagement of Khulna Detective Branch officers, and other police, in extreme and open extortion.
On 10 February 2010 at around 1am I am told that a group of around seven plain clothed persons arrived at the house of Mr. Abdus Sobhan Mollah, in Boratia village, under the jurisdiction of the Dumuria police. They introduced themselves as officers from the Detective Branch (DB) of the Khulna Police.
Members of the group were later identified as: Sub Inspector (SI) Mr. Nishikant Sirker and Assistant Sub Inspector (ASI) Mostafizur Rahman; and police constables Shah Alam (Badge No. 85), Shamsul Alam (Badge No. 1491), Md. Chunnu Mian (Badge No. 1171), Haidar Ali (Badge No. 1298) and Kartik (Badge No. 669), who drives the police vehicle. I am told that they were guided to the house by Mr. Shahid Sheikh, a locally known police source.
The officers raided the house without a search warrant and took Sakhawat Hossain Saki away in a blindfold and handcuffs, also without a warrant for his arrest; no explanation was offered to him or his family. I am told that SI Sirker instructed the family to contact the Dumuria police the next morning. They then took him about 30km to the Rupsha Bus Terminal Police Outpost (under the jurisdiction of the Rupsha police), where they held him in secret detention.
I am told that when Saki’s father and cousin, Mr. Ruhul Amin, went to the Dumuria police station at 7am, officers there denied the arrest. Ruhul called Sub Inspector Shikdar Akkas Ali on his mobile number (which appears on his call records: 88 01711 173548) and was told to go to the Khulna District DB police office at 10am.
In the meantime Saki had managed to call his wife’s cell phone from the phone of a co-detainees’ visitor, and his family went to the Rupsha Bus Terminal Police Outpost to find him at around 12 noon. They took food, which Saki said he had not been provided during his time in illegal custody. The co detainee, a Mr. Monabbor, can testify that Saki was with him at the Rupsha Bus Terminal Police Outpost on 10 February until he left it at 11:30am to be presented a Khulna court.
I am told that at around 7pm DB SI Akkas Ali arranged a meeting with Saki’s relatives at the DB Police Office at 9pm. At about 10pm ASI Mustafizur Rahman emerged from a meeting and proposed that Saki’s family pay BDT 25,000 for his unconditional release from custody, without charge. I understand that the relatives could not afford this amount and bargained with the officers, who then reportedly threatened to fabricate a variety of serious criminal charges against Saki. His relatives agreed to pay BDT 20,000. After returning from a discussion with his colleagues, ASI Mustafizur claimed that due to this reduction in payment it would instead be arranged for Saki be produced before the court for a ‘minor’ fabricated offence, for which he would have to seek bail. At this point Saki’s father said that in such a case they could not pay more than BDT 12,000, and when this was rejected by the police officers, they left the office.
I am informed that the next day, on 11 February at around 10pm Saki was transferred from the outpost to Koyra police station, and was beaten with sticks and kicked by the police officers on the way while inside the police van, and at the station. The transfer team included SI Nishikant Sirker, ASI Mustafizur Rahman and few constables.
The detective branch police and the Koyra police then fabricated a detailed offence involving the possession of illegal arms and ammunition. This alleges that Saki was arrested by DB police on the street between Khornia Bazar and Boratia at around 4pm on 11 February (an area under the Dumuria police); that Saki confessed to having arms and ammunitions hidden; and that police found such items in a hole near the Sakbaria river, around 7km from Koyra police station. The stash is cited as including two locally made ‘pipe guns’ and three bullets. The case was registered (No. 6, dated 12 February 2010) under Section 19 (f) and 19A of the Arms Act of 1878, and recorded by Inspector Kazi Daud Hossain, the Officer-in-Charge (OC) of the Koyra police station. The First Information Report (FIR) names three witnesses to the arms recovery: a Mr. Rajab Ali Sheikh, Mr. Rezaul Karim Mollah and Mr. Tushar Kanti Mondol.
On 12 February, in the afternoon, the police produced Saki before the Senior Judicial Magistrate in Koyra, but the informality of the weekend proceedings did not allow his relatives to arrange for legal representation. He was taken back into police remand for three days, then sent to the Khulna District Jail on 15 February, with his petition for bail rejected.
It should be noted that the court, by relying entirely on the report submitted by police and not consulting with the victim, failed to discover that he had been in custody for more than 55 hours, in violation of Article 33 of the Constitution of Bangladesh and Section 61 of the Code of Criminal Procedure-1898. By taking a more active, responsible role and making better use of judicial inquiries, I believe that courts in Bangladesh are in a position to protect persons from such fabricated charges.
I am told by Saki’s relatives that when they met him at Khulna District Jail he had trouble walking due to injuries to his chest, waist and legs that were sustained during the police beatings. He has been denied medical treatment by police and prison officials. Various sources also note that the three witnesses cited in the FIR are motorbike drivers, known for operating as police sources in the neighbourhood, and are often seen transporting police officers. There are a number of witnesses to the actual arrest at Saki’s home days earlier, including his family and a neighbor. As well as the gross violation of his legal rights, the incident has reportedly been humiliating for Saki, and has damaged his reputation.
Saki was officially charged on 16 March by Investigation Officer (IO) SI Abul Hashem of the Koyra police, (Charge Sheet No. 26) under Sections 19 (f) and 19A of the Arms Act of 1878, and the Senior Judicial Court of Koyra accepted the investigation report and transferred the case to the Sessions Judge’s Court of Khulna.
On 21 May a petition for Saki’s bail was rejected by the Sessions Judge, and his trial date fixed for 28 June. It was postponed due to the absence of the judge and will next be heard on 21 July.
In light of the above information, I strongly urge you to initiate a thorough investigation into this incident by the competent judicial authorities. From this case, and many other such cases of police extortion leaving the country, it is clear that the police do not have any credibility or moral authority in the country.
The detained person must be freed from the prison, the fabricated charges against him dropped and adequate medical treatment and compensation provided. The alleged perpetrators must of course be thoroughly investigated and prosecuted without any sign of the impunity that riddles the country.
Bangladesh must initiate thorough reforms of its criminal justice system due to its prevailing dysfunctional nature. Only political will can bring change to the law-enforcement and criminal investigation systems, and return some semblance to power and responsibility to the judiciary.
Yours sincerely,
—————
PLEASE SEND YOUR LETTER 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. Rezaul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058
Tel: +880 2 956 2792 /+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 +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 +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 +880 2 956 2868
6. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740 +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 +880 2 956 2054 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd
8. Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Fax: +880 41 761300
Tel: +880 41 761823 +880 41 761823
E-mail: digkhulna@police.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
