BANGLADESH: Death threat by police against a complainant in a corruption case

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from local sources that a man named Mr. Abdul Matin Shikdar was illegally arrested by the Kanaighat police on 28 September 2008 on a fabricated charge of stealing electrical transformers. He was in police remand for two days and detained in Sylhet Central Jail. The Assistant Superintendent of Police (ASP) Mr. Farid Uddin pursued the remand order before the Magistrate. He later went to the Sylhet Central Jail where he threatened to kill Abdul Matin.

CASE DETAILS:

On 9 June 2008, Mr. Abdul Matin Shikdar, lodged a complaint with the Kanaighat Police Station against some local people regarding an assault on his mother, Mrs. Fatema Begum. Sub Inspector (SI) Hillul Roy was assigned as Investigating Officer (IO) of the case (No. 8, dated 9 June 2008)

As no investigation had been conducted a month after he made the complaint, Matin went back to the police station to check the status of the investigation. Following his enquiry, Assistant Superintendent of Police (ASP) of the Kanaighat Circle Mr. Farid Uddin, in the presence of the IO asked for a bribe of Taka 50,000.00 (USD 744).This, he said, would ensure a positive investigative report in bringing charges against the people who assaulted Matin’s mother. When Matin refuse to pay the money and urged the officers to visit the scene in person to learn the facts from the eyewitnesses, the officers started using abusive language against him.

On July 24, the ASP accompanied by IO visited the scene of the incident where they obtained statements from those who committed the assault. When they met the witnesses, they also used abusive language with them, and intimidated them. They said that charges would be brought against them for being false-witnesses in the case. They then scolded Martin, rebuking him for filing a ‘false case’.

Having been intimidated and afraid of being charged with making a false investigative report, Matin submitted a written petition regarding the bribe, police intimidation and biased investigation to the Deputy Inspector General (DIG) of Police of the Sylhet Range on July 28. He also requested the DIG to change the IO for the sake of justice. In the meantime, the IO secretly submitted the Final Report to the court regarding the case of assault on Matin’s mother on July 31.

During this period, Matin had been involved in leading a protest of the local people against the ‘Palli Biddut Unnayan Samity’ (Rural Electricity Development Association) demanding that their electricity be connected, as the villagers had already paid all the required fees; however, the authority electrified a different area using these same resources. The villagers demanded electrification and protested following this manipulation and deprivation of an electrical supply from their area. There had been debates between the demonstrators and the staff of the local electricity office. Following this incident, Mr. Mridul Kanti Chakma, the Deputy General Manager (DGM) of the association lodged a complaint (No. 14, dated 23 September, under Section 353, 332, 427, 379, 506 and 114 of the Penal Code) to the Kanaighat Police Station against Matin and Mr. Abdul Jalil. He alleged that a vehicle belonging to his office was smashed and his colleagues were beaten and threatened with death by Matin and jalil.

On September 24, the DGM lodged another complaint against a number of unidentified persons with the Kanaighat Police Station for stealing transformers. In the complaint, he claimed that on September 23, two electrical transformers designated for electrifying the Fatehganj Lamarpara village were found to be missing. After the Kanaight police recorded this case (No. 16, dated 26 September 2008, under Section 379 of the Penal Code), Sub Inspector Mr. Shyamol Roy was assigned as the Investigative Officer (IO) of the case.

In the morning on September 28, the DGM called Matin on his mobile phone requesting a meeting in his office at the Darbas area of Kanaighat. When Matin arrived there, police officers in plain clothes arrested him for assaulting the staff of the electricity office and holding a protest in the streets. He was brought before the Chief Judicial Magistrate’s Court in Sylhet on the same day. He was also accused of stealing electric transformers.  The Chief Judicial Magistrate Mr. M H Mahbubur Rahman Bhuyan ordered him to be remanded for two days. Strangely, the ASP Farid appeared before the court and pressured the magistrate and the staff of the court asking them to ensure police remand for Matin in the case of the stolen transformers. On that evening, Matin was sent to the Sylhet Central Jail instead of the Kanaighat police custody as it was a holy day (Ramadan) in the country. The order of the court did not officially reach the police station.

On the following day, the ASP Farid went to his prison cell and threatened to kill him saying, “You have complained against me to the DIG. Now you will bear the consequences. Whatever you want to eat and drink as your last wish, do it before you go to police remand; there will be nothing left for you after the remand. We will take care of your final departure.”

After the holy day ended on October 15, the police took Matin from the prison and remanded him in police custody for two days. Being requested by family members, local human rights groups called the Officer-in-Charge (OC) of the Kanaighat Police Station Mr. Iqbal Hossain and the IO SI Shyamol. The police assured them that he would not be tortured in custody. Matin was brought to the court in the afternoon of October 17 where the Judicial Magistrate’s Court of Sylhet ordered him sent to jail.

The villagers involved in the demonstration claimed that there had been no assault of the staff or vandalizing of the vehicle during their protest. Rather, it was a debate in the street between the two groups. They also allege that the police officers collaborated with the officials of the association to take revenge on Matin by fabricating charges against him. This occurred because the police failed to extort a bribe from Matin and had become annoyed because of his complaint to the DIG.

The Chief Judicial Magistrate’s Court of Sylhet granted Matin bail in the case of alleged assault of the staff of the association on October 16 and in the case of alleged theft on October 19. Matin was released from the prison in the evening of October 20.

ADDITIONAL COMMENTS:

This case shows how the police in Bangladesh abuse their position and legitimate power in order to take personal revenge after they fail to extort money from a complainant. And, even though the complainant reported this to the higher authorities, due to the lack of necessary action, the complainant becomes once again the victim of harassment by the police.

In addition to the lack of investigation in the cases of abuse of police power, the complainant has to undergo the hardship of a false charge for long periods of time until the court finalises the case, which can take years.

There is yet another area of concern. This is that there is no way to ask for compensation for any cases such as illegal arrest, detention and torture. As a state party to the International Covenant on Civil and Political Rights (ICCPR), the government of Bangladesh undertakes to ensure that any person whose rights or freedoms are violated shall be rectified, even though the violation has been committed by persons acting in an official capacity. However, the government has so far failed to establish necessary actions to provide an effective remedy.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this incident of abuse of power of arbitrarily arresting and fabricating charges against Matin.

Please be informed that the AHRC has also written separate letters to UN Working Group on Arbitrary Detention calling for intervention in this case.

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