BANGLADESH: Police prevent a journalist from filing torture allegations against paramilitary soldiers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-146-2009
ISSUES: Arbitrary arrest & detention, Freedom of expression, Impunity, Judicial system, Right to remedy, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a team from the Rapid Action Battalion-10, a paramilitary force involved in maintaining law and order in Bangladesh, tortured a journalist at his house while in their custody, and detained him for more than ten hours. The soldiers made a fabricated video at his house and in their office involving drugs, in an attempt to discredit him. The police would not allow him to register a torture complaint against his perpetrators and the authorities have not yet taken any lawful action into this matter.

CASE DETAILS:

On 22 October 2009, according to the victim and other eyewitnesses, a (Rapid Action Battalion) RAB-10 team, in plain cloth, raided a house under the jurisdiction of the Jatrabari police, in Dhaka. One resident, Mr. F. M. Masum is a crime reporter for the New Age – a national daily newspaper based in Dhaka, and lives on the second floor.

At about 10:30am, Masum saw some plain clothed people beating the wife of the owner of the house in front of the building’s gate. They asked him to open the gate and he refused, but when the men identified themselves as RAB personnel he obeyed. However the men then started to beat him.

The battalion personnel, led by Fight Lieutenant Anis, took him inside and started to torture him with iron rods, wooden stick and with the blunt backside of machetes. According to the victim they hit him on the knees and other joints, then applied salt to the bleeding wounds. After about an hour they took him inside his apartment where they reportedly produced six bottles of Phensidyl (codeine) syrup, placed them on his bed and videoed the display.

The battalion took him to the RAB 10 headquarters at Dhalpur, while handcuffed. Masum begged to be allowed his inhaler; the officer swore at him and refused. The torture then continued at the RAB-10 office, where he was told that he may be arranged to die in a ‘crossfire’ killing. The team stuck a label on Masum’s t-shirt that read ‘Drug peddler’ and shot more video with another batch of drugs at the office.

In the meantime we are told that senior journalists of the New Age contacted the battalion’s director general, home secretary and the home minister, telling them that the arrest was mistaken. The journalists were given different reasons for his detention by different battalions; some claimed Masum had been found in possession of Pethedine, some said with Phensidyl syrup, while some others said they found him with prostitutes. They promised his release.

After these assurances from the battalion’s director general, home secretary and home minister, it took four more hours for Masum to be released at 10:30pm. The colleagues he was released to had to sign a paper that alleged that he had been picked up for not cooperating with law-enforcers, but was being released ‘in good health’. Masum reportedly was covered in torture wounds; his body and his feet were swollen, his eyes bloodshot.  After being admitted to Dhaka Medical College Hospital (DMCH), physicians advised that he have a CT scan and X-ray, with the tests run early Friday. Masum was then discharged earlyfrom the DMCH, at about 2:30pm although his condition was still serious. He admitted himself to the Dhaka Community Hospital, a private hospital, on the same day where he is being treated.

Masum told the Asian Human Rights Commission (AHRC) that he is experiencing hearing problems in his left ear and has serious pain in his knees, elbows, shoulders, soles and in the back of the head. Quoting his physicians he said that his full physical recovery may take many months, if medical treatment is adequately provided.

On 23 October, the RAB Headquarters released a statement which said” “RAB sincerely expresses regret for the unwarranted incident that has taken place between RAB personnel and journalist FM Masum of the largely-circulated daily New Age. RAB is looking into the matter with importance. The RAB headquarters has formed an inquiry team and the matter is being investigated. Punitive action will be taken against anyone of RAB found guilty.”

However Mr. Shahiduzzaman, the Chief Reporter at the paper, told the AHRC that the Jatrabari police rejected their attempts to register a complaint at the station on 24 October.

On 25 October the Home Minister Ms. Sahara Khatun along with her deputy Mr. Shamsul Haque Tuku, state minister, visited Masum at the Dhaka Community Hospital. The Home Minister assured him that his torture allegations will be registered, yet the Jatrabari police have still not acted.

The only action that appears to have been taken inside the RAB is for one man, Flight Lieutenant Anis, to have been transferred to the Bangladesh Air Force, where he used to serve.

ADDITIONAL INFORMATION:

Masum and his family have accused the staff of the Dhaka Medical College Hospital (DMCH) of misconduct, regarding his hasty treatment and discharge, and suspect that they were influenced by the military connection of the case.

The New Age, as a national daily, constantly highlights the issues surrounding human rights abuses in Bangladesh., with the editor, Mr. Nurul Kabir known for his independent views, expressed in writing, televised talk-shows and civil society meetings on the rule of law and human rights issues. Before his torture F. M. Masum reportedly published several articles on extrajudicial killings conducted by the RAB.

SUGGESTED ACTION:

Please write to the officials listed below, calling for them to investigate the misconduct and torture committed by Rapid Action Battalion personnel and the Jatrabari police. Please also ask the authorities to arrange adequate compensation and medical treatment for the victim.

The Asian Human Rights Commission has already written a separate letter to the UN Special Rapporteurs on Question of Torture and Freedom of Expression and Opinion urging their intervention into this case.

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

SAMPLE LETTER

Dear __________,

BANGLADESH: Police prevent a journalist from filing torture allegations against paramilitary soldiers

Name of the torture victim: 
1. Mr. F. M. Masum, journalist of the New Age, an English speaking national daily newspaper; living in South Jatrabari, Dhaka Metropolitan City

Alleged Perpetrators: 
1. Mr. Anis, Flight Lieutenant of the Bangladesh Air Force, attached to the Rapid Action Battalion-10 at the time of the incident
2. Around eight other members of the Rapid Action Battalion-10.

Date of Torture: 22 October 2009
Place of incident: The house of the victim and the office of the RAB-10 at Dhalapur in Dhaka

I am writing to express my concern about a case in which a team from the Rapid Action Battalion-10, tortured a journalist and framed him for drug abuse, yet have not yet faced any kind of investigation.

According to the information I have received on 22 October 2009 Mr. F. M. Masum  – a crime reporter for the New Age saw some plain clothed people beating the wife of the owner of the house he lives in. As he tried to leave the building they also proceeded to beat him.

I understand that the battalion personnel, led by Fight Lieutenant Anis, took him inside and tortured him with iron rods, wooden stick and with the blunt backside of machetes, then produced and filmed six bottles of Phensidyl (codeine) syrup in his apartment.

The battalion then continued to beat him at RAB 10 headquarters at Dhalpur, where more video footage was taken of him and various drugs. He was told that his death may be arranged in a ‘crossfire’ killing.

When senior journalists of the New Age contacted the battalion’s director general, home secretary and the home minister, they were given different reasons for his detention. When he was finally released I am told that colleagues had to sign a paper that alleged that he had been picked up for not cooperating with law-enforcers, but was being released ‘in good health’. Yet Masum was allegedly covered in torture wounds.

He was given inaquate treatment at Dhaka Medical College Hospital and has admitted himself to the Dhaka Community Hospital where he is being treated, for loss of hearing and serious pain. Despite a public statement of RAB ‘regret’ and assurances from Home Minister Ms. Sahara Khatun and her deputy Mr. Shamsul Haque Tuku, no torture allegations have been registered by the Jatrabari police.

The only action that appears to have been taken inside the RAB is for one man, Flight Lieutenant Anis, to have been transferred to the Bangladesh Air Force, where he used to serve.

I have the question, does the home minister or the government itself really have any control over the law-enforcement agencies of the country? This is totally unacceptable that the torture victims are denied to register complaints in Bangladesh and the authorities seem to be granting impunity to the perpetrators.

I strongly urge the Bangladeshi authorities to hold a thorough and immediate investigation into the illegal actions of the RAB-10, and for those proven guilty to be justly punished according to the law and removed from their positions. The victim must be provided with extensive compensation and treatment for his ordeal. The authorities have to prove that the torture of the journalist was not an attempt to deny the freedom of expression and opinion.

Bangladesh should urgently criminalize torture in order to prevent the ongoing practice of brutal forms of torture at the hands of the law-enforcing agencies. I am aware that a bill titled “Torture and Custodial Death (Prohibition Bill 2009)” on criminalization of torture and extra judicial killings is tabled in the parliament, which should be enacted without any delay for the sake of the victims’ access into the criminal justice system.

I trust you will take stern and prompt action into this case.

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. M. M. Ruhul Amin 
Chief Justice 
Supreme Court of Bangladesh 
Supreme Court Building 
Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 5058 
Tel: +880 2 956 2792

3. Barrister Shafique Ahmed 
Minister 
Ministry of Law, Justice & Parliamentary Affairs 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Tel: +880 2 7160627  
Fax: +880 2 7168557
E-mail: info@minlaw.gov.bd
 
4. Ms. Sahara Khatun MP 
Minister 
Ministry of Home Affairs 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Tel: +880 2 7169069
Fax: +880 2 7160405, 880 2 7164788
Email: 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
Telefax: +880 2 9137743

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. A K M Shahidul Hoque
Commissioner 
Dhaka Metropolitan Police
DMP Headquarter
36, Shahid Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH 
Fax: +880 2 8322746  
Tel: +880 2 9331555 /88-02-8322746
Mobile: +8801711538313
E-mail: complain@dmp.gov.bd / emergency@dmp.gov.bd / commissioner@dmp.gov.bd

9. 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)