UPDATE (Bangladesh): Police intimidate the victim’s father by offering money to settle, out of court, the murder charge against their colleagues

Dear friends, 

The Asian Human Rights Commission (AHRC) previously informed you that the Chatkhil police, of Noakhali district had tortured a man to death on 13 May 2010 (For further details, please see our original appeal: AHRC-UAC-072-2010). Now the AHRC has received updated information. The Chatkhil police have offered money to the victim’s father in an attempt to intimidate him to settle out of court, the case for murder. 

UPDATED INFORMATION: (Based on the interviews of relatives) 

On June 4, 2010, Mr. Md. Shahajahan, at around 4:30PM received a call on his cell phone from number +8801718 459258. He is the father of Khokon, who died in police custody. The caller introduced himself as Mr. Salim, the Chatkhil police station driver. He asked Shahajahan to come to the police station saying that “If you come to the police station, it will benefit you.” Referring to the Officer-in-Charge (OC) Mr. Humayan Kabir, the caller said, “OC Sir asked you to meet him.” He instructed Shahajahan to meet the OC the following morning. 

On June 5 at 9am, the same person, claiming to be police driver Mr. Salim, called Mr. Shahjahan’s cell phone from the same phone number used the previous day. Mr. Salim again asked Shahajahan to meet the OC before 5pm that day. He warned Shahajahan not to ignore his phone calls as the matter was a very serious one for the family. 

Shahjahan, accompanied by his other son, Mr. Ali Hossain, went to the Chatkhil police station before 5pm as requested. They were taken to Sub Inspector (SI) Mr. Atik’s office. The police officer asked Shahajahan, “What shall I do for you now?” Then he said, “See, you have a nati (grandchild, Khokon’s son) whom you should think about. We can arrange a good future for your nati. But, remember! Don’t demand too much! We cannot satisfy abnormal demands.” SI Atil told Shahajahan that the police officers will give their depositions as witnesses in the case according to the decisions taken by Shahajahan. He assured him that the OC will control the situation based on Shahajahan’s decision. 

During Shahajahan’s discussion with SI Atik, he refused to accept any money from the police. Instead, he demanded justice for the death of his son while in police custody. Then, the police officers took Shahajahan to the OC’s office at around 6pm. Mr. Humayan Kabir, the OC, asked for Shahajahan’s mobile phone number, which he noted down, after which he asked them to return home. 

Shahajahan told the Asian Human Rights Commission (AHRC) that his family is afraid of further police harassment. They believe that the request by police to settle out of court was a form of intimidation. The Police did not want to proceed further in the demand for justice in Khokon’s death in custody due to torture. 

ADDITIONAL COMMENT: 

Mr. Robiul Hasan Khokon died in police custody from torture while under a two-day remand at the Chatkhil police station. It is usual for the police to bring in crime suspects under their custody for interrogation. In almost all cases, the courts, particularly the Courts of Magistrates grant police petitions for remand. 

The police apply for remand under Section 167 of the Code of Criminal Procedure-1898. According to Rule 458 (a) of the Police Regulation of Bengal (PRB)-1943, the police have the obligation to apply for remand by completing Bangladesh Police (BP) Form No. 90. The Rule reads: 

“458. Previous offence suspected: 
(a) Whenever there is good reason to suspect that a person accused of an offence under Chapter XII or XVII of the Penal Code, for which, on reconviction, an enhanced punishment may be awarded under Section 75 has been previously convicted or when the name, residence and antecedents of a person so accused are unverified, an application for remand shall be made in B.P. Form No. 90 by the Court officer pending the result of the inquiry into the prisoner’s antecedents. This application will remain with the record. 
(b) If a remand is not granted, an immediate report shall be made to the Superintendent, who, if the reasons appear insufficient, shall report the matter to the District Magistrate.” 

In reality, the police officers, particularly the Investigation Officers, submit an application on plain paper only not on an official letterhead. In it they seek remand for the number of days they wish to keep a person under their custody. Magistrates, in most cases, grant the petition of remand without checking whether the application was submitted properly by the completion of B.P. Form No. 90 or not. Magistrates reduce the number of days in only some cases. For example, when a police officer requests 7 days remand, the Magistrate grants five or three days’ remand. 

In Khokon’s case (AHRC-UAC-072-2010), the police filed a petition, not on the prescribed form (B.P. Form No. 90) but on plain paper. They requested remand for five days while the Magistrate granted two days. However, this was enough time for the police to kill him by applying brutal methods of torture. 

In remand, the police torture detainees for two reasons: to extort money and within certain parameters to obtain a confession statement, regarding one or more specific criminal cases. If the police intend to fabricate additional charges against the detainees, but the detainee is able to satisfy the police by paying bribes, he is more likely to reduce the amount of torture as well as to gain relief from further charges. Failure to pay money endangers the persons’ life and brings about further disaster to his socio-economic situation. Thus, remand is a big tool in the business of extorting money from the relatives of the detainees. For the Magistrates, it is routine job of responding to the applications of the police officers; but for the detainees or crime suspects, police remand is synonymous with torture leading to death. 

Once detainees die in the custody of the law-enforcement agencies the agencies try their best to obstruct the victim’s relatives from getting access to the complaint mechanism. The registration of a murder case at the Chatkhil police regarding Khokon’s death appears unprecedented in Bangladesh where the police always refuse to register a case of a custodial death. The relatives of the victims of custodial deaths are forced to go to the Magistrates’ Courts to file their cases as the last option, as the police by default, reject the complaints. By registering a poorly-drafted, unwitnessed complaint the Chatkhil police are attempting to ensure impunity to the alleged perpetrators. 

SUGGESTED ACTION: 
Please write to the authorities listed below asking that they intervene immediately in this case and ensure that the family of the victim is protected from any further harassment or threats from state agents. Insist that the authorities have the murder case investigated by competent judicial officers. The alleged perpetrators must be prosecuted without delay. 

Please note that the Asian Human Rights Commission has written a separate letter to the UN Special Rapporteurs on Question of Torture as well as Extrajudicial and Summary Execution requesting their prompt intervention. 

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