BANGLADESH: A man tortured to death; relatives threatened to withdraw the case

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Bangladesh Institute of Human Rights (BIHR) that a man was dead on the way to a hospital after being beaten by police at Chakaria Police Station on 14 May 2008. A relative filed a case against those responsible but now his family members received threats to withdraw the case.

CASE DETAILS:

According to information received, a recruitment agent named Shah Alam, in 2006, took TK 270,000 (USD 4,000) from Narul Amin, son of Sirajul Islam and his friend Kafiluddin, from Surajpur Manikpur village and promised to send them to Malaysia to work as labourers, but no arrangements were made. Sirajul had to sell his land and to borrow TK 50,000 (USD 740) to help his son. This money was given to Shah through Narul’s neighbor, Jakir Ahmed. When Narul and Kafiluddin demanded the return of their money they could not obtain it.

Narul and his neighbor Jakir went to see the Chairperson of the Union Council. Ajijul Hauque, known as ‘Ajim’ who instructed them to find the accused. On 12 May 2008, they caught Shah and took him to Ajijul whereupon they were told to take him to the local army camp. At 3pm on May 14, Amin, his father Islam, his grandfather Mohammad Kalu and some friends and neighbours set out for the army camp with Shah.

It is reported that at this time, the wife of Shah visited the Chairperson Ajijul and offered him a bribe for the safe return of her husband. Narul received a phone call from Ajijul on his mobile that instructed him to take Shah to the Chakaria Police Station, assuring him that he would receive all of his money that had been taken. At 9pm, Narul, Shah and the group of friends and family traveling with them arrived at the police station whereupon the Sub Inspector (SI) Hafizur Rahman, the Officer in Charge (OC) Rahul Amin, SI Abul Kalam Azad and Abu Taher Siddique the officers on duty, called Narul by his name. When Narul identified himself, the police officers allegedly started beating him with batons and rifle butts, kicked him with their boots and slapped him. Abusive and derogatory language were also used.

The Chairman Aijujul also arrived at the police station but did nothing to stop the assault by the police. Sirajul upon seeing his son being severely beaten begged, first the Chairman, who ignored his pleas, then SI Hafizur to stop. However, SI Hafizur hit Sirajul in the chest with his baton and as Sirajul fell to the floor, he continued to kick him with his boot in the chest and the lower part of his belly. Sirajul was taken to Chakaria hospital but then moved to Chittagong Medical College Hospital for treatment but died along the way. The other police officers during this time allegedly kept on beating Narul. Narul fell unconscious until 8am the following day of 15 May. When he regained consciousness, he was informed that a case was filed against him (Case No. 09/122 of 2008 under Section 364 and 34 of the Penal Code) and he was taken into custody.

Later, Narul learned that the charge against him was recorded under section 364 (Kidnapping or Abduction in order to murder) & 34 (Acts done by several persons in furtherance of common intention) of the Penal Code. Mrs. Raihan Akter, wife of Shah Alam lodged the case against him dated May 14 at 11:40pm. The Charge stated that Mr. Shah Alam was abducted by Nurul Amin along with his accomplices on May 12 from Bania Chhara station of Boroitali union under Cox’s Bazar district while he was on his way to his elder brother who lives in Dhaka and took him to the hill of Vilager para under Surajpur–Manikpur village in Cox’s Bazar district. Then, Mr. Nurul Amin, through a cell phone, demanded TK 300,000.00 (USD 4,450) from Shah Alam’s wife as ransom for his release. Otherwise they threatened to kill her husband Mr. Shah Alam. Thereafter, she rescued her husband with the help of local people and detained Mr. Nurul Amin along with Kafil Uddin around 11pm on May 14 and handed them over to the Chakaria police Station. However, when local human rights groups examined the First Information Report (FIR) of the Chakaria Police Station, they found overwriting on the date and time of the alleged incident as well as the time of filing the case.

On May 15, as the news about the death of Sirajul Islam became known to the public, the local people congregated and formed a protest at the Chakaria Police Station expressing their anger. Some protesters threw small stones and pieces of brick at the policemen in a clash that lasted for four hours, which caused 15 people to be injured. After this protest, Narul was released from custody. The Superintendent of Police (SP) of Cox’s Bazar district Mr. Bonoj Kumar Majumder reportedly issued an oral executive order asking the Chakaria police over the telephone to release Narul as a result of spontaneous public protest.

Among the protestors Ms. Nur Zahan Begum, Mr. Nurul Afsar, Mr. Abul Kalam, Ms. Rehena Begum laid siege near the Chakaria police station in the morning of 15 May 2008, triggering a chase and counter chase.They are brutally beaten by the police receiving serious injuries.

Narul claims that a post-mortem report showed that his father had died of high blood pressure rather than the beating by the police. He further claims that the report was strongly influenced by the police officers.

Nurul Islam, the younger brother of Sirajul Islam, who also went to the police station on May 15 with relatives and neighbours to request the body of Sirajul Islam was beaten with baton and rifles by SI Abul Kalam Azad and other police officers present, fracturing the lower part of his right leg. He had to seek treatment from a local village doctor.

Following the death, the father of Islam, Mohammod Kalu filed a case (No. 1076 of 2008) against those responsible police officers regarding the death of his son and the severe assault on his grandson before the Chief Judicial Magistrate in the court of Cox’s Bazar on 15 May 2008. The court ordered the Assistant Superintendent of Police (ASP) Sorwar Alam to investigate this matter. On 26 May, Nurul Amin filed a petition before the Chief Judicial Magistrate Court of Cox’s Bazar seeking inclusion of some other person’s names in the case lodged by Mr. Kalu. It was alleged that the local union Parishad Chairman Ajijul Haque insisted that Mr. Kalu settle the matter by taking some amount of money from the police. When Kalu and relatives of the deceased refused to settle, the Chairman threatened to kill Kalu using a terrorist. The alleged perpetrators also threatened Kalu and his family members by cell phone to withdraw the case. The police also threatened to implicate them in false cases and even killing, if the case was not withdrawn. Up to now they have been subject to continuous pressure to withdraw the case and family members of the deceased are feeling insecure.

In the meantime, the SP of Cox’s Bazar Mr. Bonoj Kumar Majumder announced that the accused SI Mr. Hafizur Rahman has been temporarily suspended and the OC has been transferred to Khagrachhari Police Station as punishment.

When contacted , Mr. Sorower Alam, ASP of Cox’s Bazar, who was assigned as the investigating officer of the case, said that the investigation was in progress and refused to share any details of his findings. The report will be sent to the court when it is completed.?

On the other hand, Nurul Amin, one of the victims beaten by police, alleges that the investigating officer was trying to prove the incident “false”. Nurul alleges that the authorities repeatedly refused disclosing the autopsy report to the public and to the relatives of the deceased. He approached the Chakaria Police Station and was instructed to go to the Chief Judicial Magistrate Court for the postmortem report. But when Nurul applied to the Chief Judicial Magistrate Court to provide a copy of the postmortem report, the Court directed him to contact the Chakaria Police Station. Later, when he again applied to the Chakaria Police Station, they denied his request saying that they had not yet received the report. Nurul applied to the concerned doctor of Cox’s Bazar Sadar Hospital, who conducted the autopsy. The doctor informed Nurul that he has already sent the report to the concerned higher authority in Dhaka. However, the doctor refused to mention the identity of the higher authority.

Since the incident, the police administration has termed Sirajul’s death was due to a “heart attack” even though they did not finish investigating the case. They also mentioned that the autopsy report proved the death was due to a heart attack.

ADDITIONAL COMMENTS:

Police impunity, bribery, corruption and the filing of false charges by police are all common place and widespread in Bangladesh. The unrestricted power of the police used against ordinary citizens prevents the rule of law from securing justice and fair retribution for them. The system of jurisprudence in Bangladesh allows those with economic power and authority to strongly influence a case from its original registration to its hearing in court. The poor have few rights or opportunities to see justice done. They are often victims of intimidation, verbal abuse and strong pressure to withdraw complaints particularly against police officers, politicians or those in positions of power.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged incident and ensure the perpetrators of this injustice and violence, that resulted in the death of a man and many injured, are punished in accordance with the law.

The AHRC has also written separate letters to Special Rapporteur on the Question of Torture calling for an intervention in this case.

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