Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the Gosairhat Police of Shariatpur district, around 120 kilometers far from Dhaka, have brutally tortured a man to death. The relatives and witnesses allege that the body of the torture victim, Mr. Mokles Matbor, bore several marks from the injuries sustained. The police had covered up the custodial death as a “suicide” with the help of the administrative officers and medical doctors of the district. Local human rights defenders have found that it was hardly possible to commit suicide by hanging from a ventilator, which is almost at the equal height of a person, inside the police cell. There has been no credible investigation into the allegation of torture and subsequent death in custody.
CASE DETAILS: (Based on the interviews of relatives and documents collected from relevant public offices)
Mr. Mokles Matbor, (45) was a cleaner at the Bimkhil Bazar under the jurisdiction of the Gosairhat Police Station in Shariatpur district. On 29 August 2010 the Gosairhat police arrested him as a suspect in the murder of a woman and her two young children after she was raped. The case was registered on 10 August 2010 with the Gosairhat police station under Sections 448,354,323,302 and 34 of the Penal Code-1860.
An eye witness, Mohammed Alamin told the AHRC that on 29 August around 3:30 in the afternoon a group of four police officers led by Sub Inspector (SI) Mohammed Abul Kalam, the Investigation Officer (IO) of the case, and Assistant Sub Inspector (ASI) Abul Bashar, Nayek Firoz and another constable arrested Mokles. The police did not produce any warrant either to Mr. Mokles or his relatives at the time of arrest and furthermore, did not explain the reason for the arrest.
The police took Mokles to the Gosairhat police station immediately after the arrest. When Mokles’s relatives went to the police station and contacted the Officer-in-Charge (OC) at around 8pm the OC Mr. Md. Ekram Ali Molla told them that they (the police) were under great pressure from ‘high officials’ to solve the murder of children and rape case of the woman. The OC also told them, “We will ask him questions relating to the case and then release him.”
Mrs. Morsheda Begum, Mokles’ wife, claims that when she went to the Gosairhat police station to learn about her husband’s condition SI Abul Kalam allegedly told her, “Give me (BDT) 10,000.00 (USD 142) and pay (BDT) 50,000.00 (USD 708) to the OC. Your husband’s life will be safe”. Morsheda told the police officer that they were an extremely poor family and that they were maintained by Mokles who was the breadwinner having a job of cleaner. She told the SI that they could not afford the amount requested for paying the bribe.
At around 10pm the same night, the police led by the OC and SI Abul Kalam allegedly stripped Mokles’ clothes off and hung a brick from his penis. He said, “We will test how much power you (Mokles) have in your penis”. The police officers kept laughing at Mokles when he was forced to move around in that condition inside the Goshairhat police station. The police also tortured him by beating him with sticks and kicking him. Morsheda claims that she saw the scene of torture from a nearby distance.
On 30 August, SI Kalam submitted papers of production of Molkes before the Chief Judicial Magistrate of the “KHA” area of Shariatpur district along with an application for taking Mokles in police remand for seven days. However, Mokles was not physically produced before the Court as his condition was worse due to custodial torture he suffered the previous night. The Magistrate, Mr. Ashok Kumar Dutta, fixed the following day for the hearing of the remand petition. He also ordered to detain Mokles in jail.
On 31 August, the same Court heard the remand petition and granted three days remand to the police custody. As soon as the Magistrate granted the remand petition Mokles was brought to Goshairhat police station by around 5pm in the same evening. In the night Mokles died in the police custody. The police claim that at around 7pm Mokles committed suicide by hanging himself by tying a blanket about his throat and hanging from the ventilator of the police cell.
The Goshairhat police registered a case of “Unnatural Death” (UD Case No. 15/10, dated 31 August 2010) with the police station after the death of Mokles. Mr. A. F. M. Alauddin Khan, who is the chief executive officer of the sub-district, as an Executive Magistrate, signed on an Inquest Report of the dead body, which was prepared by a police officer, on the same evening. The Inquest Report claimed that there was no sign of injury on the body of the deceased. The report attempted to establish that Mokles committed suicide in the police cell.
On the other hand, Mokles’s relatives allege that the civil and police administration jointly suppressed the facts regarding the custodial torture. The Superintendent of Police (SP) of the Shariatpur district Mr. A K M Shahidur Rahman and other police officers allegedly tamed the administrative officials to make a “fake” Inquest Report to divert the case. The medical doctors of the Sadar Hospital of Shariatpur, namely Dr. Nirmal Chandra Das, Residential Medical Officer, and Dr. Rajesh Mazumder, a Medical officer of the hospital, collaborated with the police officers. Mr. Ashok Kumar Dutta, a senior Magistrate, who granted police remand of Mokles despite the fear of torture in custody, was also involved with the process of manipulating the merit of the custodial death case by suppressing the truth.
In order to verify the allegation of custodial death when the local human rights defenders visited the place where the so called suicide occurred, as per the police claim, it was found that the particular window is around 5 feet 8 inches off the ground while Mokles was at least 5 feet 6 inches in height. Given the disparity in the environment it was quite impossible for the victim to hang himself as, even if he had managed to tie the blanket securely the stretch in the material would have meant that his feet remained on the ground. Please see the video of the police cell here:
Ms. Shirin, Mokles’ cousin said that she went to the Goshairhat Police Station to learn why her cousin was killed and demanded justice for the custodial death due to alleged torture. The police officers, on the one hand, claimed that Mokles committed “suicide” while, on the other, they repeatedly tempted Shirin and insisted that she settle the allegation. Shirin claims that the shopkeepers and pedestrians, who witnessed the incident of torture on Mokles, asserted that police tortured Mokles and forced him to walk around after the police hung a brick with a string to his penis. The dead body had a number of marks of injury and the male organ was abnormally swollen.
On 3 September morning, Assistant Superintendent of Police (ASP) of Goshairhat Circle Mr. Abul Hasnat, accompanied by the OC of the Goshairhat police Mr. Md. Ekram Ali Mollah and a number of policemen, went to Mokles’ house and the OC Mr. Mollah told Shirin, “There have been some mistakes from our side. Pardon us!” The OC also offered BDT 1,000,000.00 (USD 14, 154) by saying that “We are ready to pay you, if you finish the matter (allegation of murder in custody). It is important to save the ‘rizik’ (livelihood) of police. So, if you help us, we shall help you”. Please see the audiovisual interview of Shirin here:
Mr. Mokles’ mother, Mrs. Sufia Khatun demanded justice for her son’s death in the police custody. Please see the audiovisual interview here:
ADDITIONAL COMMENTS:
Torture is neither defined as a crime nor is made punishable in the domestic laws of Bangladesh though the nation has acceded to the Convention against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment of the United Nation. Instead, the culture of impunity to the perpetrators of torture is so deeply rooted in the country that nothing happens to the state-agents after killing persons by torture while in detention centres.
Moreover, the perpetrators are rewarded with gallantry and lucrative promotions after committing such heinous crimes. There have been many examples in which the authorities of Bangladesh sent the members of the law-enforcing agencies and security forces to participate in the UN Peacekeeping Missions, which is considered as the best reward for any state official in the country.
In the above-mentioned case Mokles Matbor was tortured when he was under “police remand”, which, to everyone else in Bangladesh, is synonymous with torture. The police officers submit applications requesting the Magistrates’ Courts to handover the arrested persons to the police again for interrogation for extracting information regarding a particular criminal case. A Magistrate is authorized to grant such requests under Section 167 of the Code of Criminal Procedure-1898 by noting the specific reasons, if the police officer reasonably fails to complete the investigation of the relevant case within 24 hours.
According to Rule 458(a) of the Police Regulations of Bengal (PRB)-1943 the police shall submit an application by filling up Bangladesh Police (BP) Form No. 90 to the Court for “remand” of the detained person with pending result of police inquiry into the detained person and the application shall remain with record of the Court. As per Rule 458(b) of the PRB the Superintendent of Police, shall be informed if the “remand” is not granted by the Court due to insufficient reasons and, shall report to the District Magistrate regarding the matter.
In Bangladesh the police officers do not submit their applications by filling up the BP Form No. 90 whenever they seek remand for a detainee. Instead, the police send a manuscript petition on plain paper without the BP Form No. 90 by ignoring the guidelines prescribed by the PRB, which is mandatory for the police. The Magistrates, who are not adequately aware of the law and the rules, entertain the plain paper petition, which should not legally be considered as an application for remand at all, and grant remand to the police though it beyond the purview of the law of the land.
A verdict, pronounced by the High Court Division Bench of the Supreme Court of Bangladesh, as reported in the Dhaka Law Report (DLR) 55, page 376, directed the subordinate courts on how to entertain the application for police remand.
According the directives, “the Investigating Officer shall state in details the ground of taking the accused in custody (remand) and shall produce the case diary for consideration of the Magistrate. If the Magistrate is satisfied that the accused be sent back to police custody for a period not exceeding three days, after recording reasons, he (Magistrate) may authorize detention in police custody for that period.”
It also directed that “the accused, before sending to the Investigating Officer, shall be examined by a doctor designated or medical board constituted for the purpose and the report shall be submitted to the Magistrate concerned.”
After taking the accused “in police remand only the Investigating Officer shall be entitled to interrogate the accused” and after the period of remand “if the accused makes any allegation of any torture, the Magistrate shall at once send the accused to the same doctor or Medical Board for examination.”
“If the Magistrate finds from the report of the doctor or Medical Board that the accused sustained injury during the period under police custody he shall proceed under Section 190 (1) (c) of the Code of Criminal Procedure-1898 against the Investigating Officer for committing offence under Section 330 of the Penal Code-1860 without filing any petition of complaint by the accused.”
In reality, the Magistrates of Bangladesh do neither follow the instructions as per the PRB nor the directives given by the Supreme Court’s High Court Division.
SUGGESTED ACTION:
Please write to the authorities below asking that they immediately intervene into the case and ensure that it is investigated by competent judicial officers. Those found to have been involved in the torture and subsequent killing in this case must be prosecuted without delay. The family of the victim and the witnesses must be afforded adequate compensation and protection from any further harassment and threats from law-enforcement agents.
Please note that the Asian Human Rights Commission has written separate letters to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as well as Extrajudicial, Summary or Arbitrary Executions requesting their prompt interventions in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
BANGLADESH: Police tortured a man to death and authorities covere it up as a suicide to provide impunity to perpetrators
Name of victim: Mr. Md. Mokles Matbor, aged 45, living in Moshurigao (Moshurpara) under the jurisdiction of the Gosairhat Police Station in Shariatpur district
Name of the alleged perpetrators :
1. Mr. Sayed Imdadul Huq, Sub Inspector of Police
2. Mr.Md. Sahadat Hossain, Assistant Sub Inspector of Police
3. Mr. Jalal Sikdar (Constable No: 461), Police Constable
4. Mr. Lutfor Rahman (Constable No.491), Police Constable
5. Mr. Shofiqul Islam, (Constable No.366), Police Constable
6. Mr. Bulbul Ahamed, Probationary Sub Inspector of police
7. Mr. Md. Ekram Ali Molla, Inspector of Police and Officer-in-Charge (OC)
All are attached to the Gosairhat police station in Shariatpur district
8. Mr. Abul Hasnat, Assistant Superintendent of Police, Goshairhat Circle of Shariatpur district
Name of the alleged perpetrators giving false medical documents and assisting the police:
1. Mr. A K M Alauddin, Upazilla Nirbahi Officer (chief administrative officer of sub-district) and Executive Magistrate Gosairhat Upazila
2. Dr. Nirmal Chandra Das, Residential Medical Officer, Sadar Hospital, Shariatpur
3. Dr. Rajesh Mazumder, Medical Officer, Sadar Hospital, Shariatpur
4. Mr. A K M Shahidur Rahman, Superintendent of Police (SP), Shariatpur district
5. Mr. Ashok Kumar Dutta, Senior Magistrate, Shariatpur district
Place of incident (Torture & Death): Gosairhat Police Station in Shariatpur district
Date of incident (Custodial death due to torture): 31 August 2010
I am writing to voice my serious concern over the death Mr. Mokles Matbor whilst in the custody of the Goshairhat police in Shariatpur district on 31 August 2010. A thorough and credible investigation by competent judicial officers must be conducted into the allegation of torture on Mokles while in police remand after he had been arrested as a suspect in a murder and rape case. I demand immediate prosecution of the alleged perpetrators who are involved in the process of torture and covering up the alleged murder as a “suicide”.
According to the information I have received, an eye witness Mohammed Alamin told the AHRC that on 29 August around 3:30pm four police officers led by Sub Inspector (SI) Mohammed Abul Kalam, the Investigation Officer (IO) of a rape and murder case, along with Assistant Sub Inspector (ASI) Abul Bashar, Nayek Firoz and another constable arrested Mokles from the Bimkhil Bazar where Mokles works as a cleaner. The police did not produce any warrant either to Mr. Mokles or his relatives at the time of arrest and furthermore, did not explain the reason for the arrest.
The police took Mokles to the Gosairhat police station immediately after the arrest. When the relatives of the victim went to the police station and contacted the OC at around 8pm the OC Mr. Md. Ekram Ali Mollah told them that they (the police) were under great pressure from ‘high officials’ to solve the murder of children and rape case of the woman. The OC also told them, “We will ask him questions relating to the case and then release him.”
Mrs. Morsheda Begum, Mokles’ wife, claims that when she went to the Gosairhat police station to learn about her husband’s condition SI Abul Kalam allegedly told her, “Give me (BDT) 10,000.00 (USD 142) and pay (BDT) 50,000.00 (USD 708) to the OC. Your husband’s life will be safe”. Morsheda told the police officer that they could not afford the amount requested for paying the bribe as her poor family were maintained by Mokles who was the breadwinner having a job of cleaner.
At around 10pm the same night, the police led by the OC and SI Abul Kalam allegedly stripped Mokles’ clothes off and hung a brick from his penis. He said, “We will test how much power you (Mokles) have in your penis”. The police officers kept laughing at Mokles when he was forced to move around in that condition inside the Goshairhat police station. The police also tortured him by beating him with sticks and kicking him. Morsheda claims that she saw the scene of torture from a nearby distance.
On 30 August, SI Kalam submitted papers of production of Molkes before the Chief Judicial Magistrate of the “KHA” area of Shariatpur district along with an application for taking Mokles in police remand for seven days. However, Mokles was not physically produced before the Court as his condition was worse due to custodial torture he suffered the previous night. The Magistrate, Mr. Ashok Kumar Dutta, fixed the following day for the hearing of the remand petition. He also ordered to detain Mokles in jail. I question why the Magistrate did not ensure the physical presence of a defendant in the open court and why he did not check whether the detainee had any injury at that time or not?
On 31 August, the same Court heard the remand petition and granted three days remand to the police custody. Mokles was brought to Goshairhat police station by around 5pm in the same evening. The irresponsible and injudicious order of the Magistrate deprived Mokles from his right to have medical treatment despite he had already sustained torture in custody. In the night Mokles died in the police custody. The police claim that at around 7pm Mokles committed “suicide” by hanging himself by tying a blanket about his throat and hanging from the ventilator of the police cell.
The Goshairhat police registered a case of “Unnatural Death” (UD Case No. 15/10, dated 31 August 2010) with the police station after the death of Mokles. Mr. A. F. M. Alauddin Khan, who is the chief executive officer of the sub-district, as an Executive Magistrate, signed on an Inquest Report, which was prepared by a police officer, on the same evening. The Inquest Report claimed that there was no sign of injury on the body of the deceased. The report attempted to establish that Mokles committed suicide in the police cell.
On the other hand, Mokles’ relatives allege that the civil and police administration jointly suppressed the facts regarding the custodial torture. The Superintendent of Police (SP) of the Shariatpur district Mr. A K M Shahidur Rahman and other police officers allegedly tamed the administrative officials to make a “fake” Inquest Report to divert the case. The medical doctors of the Sadar Hospital of Shariatpur, namely Dr. Nirmal Chandra Das, Residential Medical Officer, and Dr. Rajesh Mazumder, a Medical officer, collaborated with the police officers. Mr. Ashok Kumar Dutta, a senior Magistrate, who granted police remand of Mokles despite the fear of torture in custody, was also involved with the process of destroying the merit of the custodial death case by suppressing the truth.
In order to verify the allegation of custodial death the local human rights defenders visited the Goshairhat police cell where the so called suicide was committed and found that the particular ventilator around 5 feet 8 inches off the ground while Mokles was at least 5 feet 6 inches in height. Given the disparity in the environment it was quite impossible for the victim to hang himself as, even if he had managed to tie the blanket securely the stretch in the material would have meant that his feet remained on the ground. That’s why I demand a further forensic examination of the dead body by competent experts of forensic medicine of the country other than the doctors of the Shariatpur district.
Ms. Shirin, Mokles’ cousin said that she went to the Goshairhat Police Station to learn why her cousin was killed and demanded justice for the custodial death due to alleged torture. The police officers, on the one hand, claimed that Mokles committed “suicide” while, on the other, they repeatedly tempted Shirin and insisted that she settle the allegation. Shirin claims that the shopkeepers and pedestrians, who witnessed the incident of torture on Mokles, asserted that police tortured Mokles and forced him to walk around after the police hung a brick with a string to his penis.
On 3 September morning, ASP Mr. Abul Hasnat, accompanied by the OC of the Goshairhat police Mr. Md. Ekram Ali Mollah and a number of policemen, went to the house of Mokles. The OC Mr. Mollah told Shirin, “There have been some mistakes from our side. Pardon us!” The OC also offered BDT 1,000,000.00 (USD 14, 154) by saying that “We are ready to pay you, if you finish the matter (allegation of murder in custody). It is important to save the ‘rizik’ (livelihood) of police. So, if you help us, we shall help you”.
In light of the above information and allegation, I urge the authorities of Bangladesh to conduct a thorough investigation to be done by competent judicial officers for the sake of its credibility and aiming to ensure justice to the victims. The alleged perpetrators must be prosecuted, if they are pleaded guilty. The family of the deceased person should be afforded with adequate compensation for the loss they are compelled to sustain.
I am also aware that “police remand” is synonymous to torture to everyone in Bangladesh. The police officers seek remand to the Magistrates’ Courts. A Magistrate is authorized to grant such requests under Section 167 of the Code of Criminal Procedure-1898 by noting the specific reasons, if the police officer reasonably fails to complete the investigation of the relevant case within 24 hours.
I have learned that according to Rule 458(a) of the Police Regulations of Bengal (PRB)-1943 the police shall submit an application by filling up Bangladesh Police (BP) Form No. 90 to the Court for “remand” of the detained person with pending result of police inquiry into the detained person and the application shall remain with the record of the Court. As per Rule 458(b) of the PRB, the Superintendent of Police shall be informed if the “remand” is not granted by the Court due to insufficient reasons and, shall report to the District Magistrate regarding the matter.
I know that the police officers in Bangladesh do not submit their remand applications by filling up the BP Form No. 90 whenever they seek remand for a detainee. Instead, the police send a manuscript petition on plain paper without the BP Form No. 90 as prescribed by the PRB. The Magistrates, who are not aware of the law and the rules, entertain the plain paper application, which should not be considered as an application for remand at all, and, legally, should not grant remand to the police.
I am also informed about a verdict, pronounced by the High Court Division Bench of the Supreme Court of Bangladesh as reported in the Dhaka Law Report (DLR) 55, page 376, which directed the subordinate courts on how to entertain the application for police remand.
According the directives, “the Investigating Officer shall state in details the ground of taking the accused in custody (remand) and shall produce the case diary for consideration of the Magistrate. If the Magistrate is satisfied that the accused be sent back to police custody for a period not exceeding three days, after recording reasons, he (Magistrate) may authorize detention in police custody for that period.”
It also directed that “the accused, before sending to the Investigating Officer, shall be examined by a doctor designated or medical board constituted for the purpose and the report shall be submitted to the Magistrate concerned.”
After taking the accused “in police remand only the Investigating Officer shall be entitled to interrogate the accused” and after the period of remand “if the accused makes any allegation of any torture, the Magistrate shall at once send the accused to the same doctor or medical board for examination.”
“If the Magistrate finds from the report of the doctor or Medical board that the accused sustained injury during the period under police custody he shall proceed under Section 190 (1)© of the Code of Criminal Procedure-1898 against the Investigating Officer for committing offence under Section 330 of the Penal Code-1860 without filing any petition of complaint by the accused.”
In reality, the Magistrates of Bangladesh do neither follow the instructions as per the PRB nor the directives given by the Supreme Court’s High Court Division.
I am aware that Bangladesh has acceded to the Convention against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment of the United Nation. The nation has international obligation to criminalise torture in its domestic legislation. The Government of Bangladesh and its Parliament have not legislated “Torture and Custodial Death (Prohibition) Bill-2009”, which has been pending before the Parliament since 10 September 2009. The absence of criminalization of torture and implementation of rule of law lead Bangladesh toward a torturous and unjust nation.
I am shocked to know that the culture of impunity protects the perpetrators of torture, and sadly, the perpetrators are rewarded with gallantry and lucrative promotions after committing such heinous crime. I am also aware that there have been many examples in recent past that the authorities of Bangladesh sent the members of the law-enforcing agencies and security forces to participate in the UN Peacekeeping Missions, which is considered as the best reward for any state official in the country.
I trust that you will take prompt action regarding this matter.
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. A. B. M. Khairul Haque
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. Prof. Mizanur Rahman
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. Hassan Mahmud Khandker
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 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
8. Mr. Asaduzzaman Mian
Deputy Inspector General of Police (DIG)
Dhaka Range
Office of the DIG of Dhaka Range
Shegun Bagicha, Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 8353926 (O)
Fax: +880 2 8315838 (O)
E-mail: digdhaka@police.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
