Dear friends,
As earlier reported the fabricated charges against Mr. Razzak and Mr. Shankar and their risk of torture in police custody (AHRC-UAU-065-2008), the Asian Human Rights Commission (AHRC) has obtained information today that the police asked detainee’s relatives to pay more bribes so that they will not be tortured. The officers also threatened that if the relatives fail to pay, the detainees will be implicated in a number of other cases.
UPDATED INFORMATION:
On 6 November 2008, at about 7pm, Sub Inspector (SI) Mr. Mahbub, who has been assigned as the Investigation Officer (IO) of the fabricated abduction case (No. 4, dated: 3 November 2008, under Section 364, 385 and 34 of Penal Code) went to Birashi village to conduct investigation. Two human rights defenders Mr. F. M. A. Razzak (Photo) and Mr. Shankar Kumar Dhali have been implicated in this case.
The eye-witnesses observed that the IO of the case SI Mahbub went to the house of Mrs. Jahanara Begum (who falsely claimed her name as “Mrs. Nilufa” in the complaint). He informed her that his senior officers were supposed to come to the place to interrogate her and suggested her to tell the story of abduction as she claimed in her complaint. In the meanwhile Mr. Ali Hashem Khan, the Officer-in-Charge (OC) of the Paikgachha police station and Mr. Shamim, Assistant Superintendent of Police (ASP) of the Koyra Circle of the Khulna district police, interrogated Razzak and Shankar in the police custody.
The ASP Mr. Shamim asked Shankar, “Why did you make a complaint against the police?” Shankar replied, “I was accused in a fabricated case and managed to get bail from the Court. At that stage a police officer came to arrest me while I was taking tea in a tea stall. I requested the officer to allow me a minute to show him a copy of the bail order, which I had in my pocket. He did not listen to me; handcuffed me and took me to the police station showing the people that I was a criminal. However, they released me from the police station when I was able to show the bail order.”
The ASP Shamim said, “If you speak-out against the police, you have to suffer the pain sooner or later”.
At about 8:15pm, the OC and the ASP went to the house of Jahanara and interrogated her in presence of the neighbours. Mrs. Jahanara provided different versions of the story relating to the so called abduction of Khaleda Khatun to three different police officers when they questioned her. The information was contradictory to her claims in the complaint.
At around 10:30pm, the Additional Superintendent of Police (Additional SP) of Khulna South Zone Mr. Abdur Rouf arrived to investigate the case. Jahanara, when quizzed, told the Additional SP that her daughter Khaleda was found missing since 8am on 15 October. She admitted that she has no children of her own now and that she was not Khaleda’s real mother. Instead she said that Mrs. Hamida, who lives separately with her parents, is the real mother. While she claimed that she saw Razzak, Shankar and Raza meeting Mrs. Khodeza Bibi in Khodeza’s house she failed to describe in detail that could identify them.
In fact some of the information she provided was contradictory to the facts. For example, Jahanara told that of the accused Mr. Alauddin Raza was the next door neighbor of Mrs. Khodeza in Birashi village. In fact, Raza’s house is in Ghoshal village, which is about 5 kilometers away.
Jahanara also admitted that her husband Abul and his friends were accused in a case of cutting a tree of Mrs. Khodaza Bibi, and was staying in Dhaka in order to manage bail from the High Court.
After noting down the statement of Jahanara the Additional SP read the complaint of abduction in public. Referring to the time of the alleged act of abduction the police officer pointed out that according to the complaint the girl was found missing at 6pm. During the interrogation she told the Additional SP that the incident happened at 8am.
The Additional SP then went to the house of Mrs. Khodeza Bibi at around 12:30am on 7 November. The 72-year-old woman was staying in Khulna city at that time. In her absence, the police officer asked Khodeza’s grandson and their relatives and neighbours about the abduction case. The local people described that a group of people led by Mr. Akbor Gazi, Abul Hossain Gazi, journalists Mizanur Gazi and Gaffar Gazi, and Khokon Gazi cut the trees from Khodeza’s land. To counter Khodeza’s case on this regard they lodged false case against Khodeza and those who assisted Khodeza, including Razzak, Shankar and Raza. The Additional SP verified and found proof of cutting off a large number of trees from Khodeza’s land.
The Additional SP also went to the house of Shankar at around 1am early in the morning of 7 November at Paikgachha town. He did not succeed to speak to any person as everyone was asleep at that time. He also wished to interrogate the members of Razzak’s family. But he changed his decision later.
The relatives of the two victims are scared for the fate of the two persons following the threats given by the OC Mr. Ali Hashem Khan. Despite receiving a huge amount of money from the two victims’ families, who borrowed money from various sources to pay the police, the police claims bribe of Taka 50,000.00 (USD 740) more from each of the detainees.
Mr. Khan said to the relatives, “When we bring people like you in police remand for five days we have to pay money to our superior officers. We need money for fuel and many other things. Shall I bring money from my home by selling my cattle and my ancestors’ properties? If you don’t pay money get ready to sustain torture in the last night of the police remand (after 7 November midnight).”
The OC also threatened to implicate the two victims in three more fabricated cases–one for murder, one for illegal possession of arms and one for extortion–during, and or after, producing them before the Court. The five-day’s police remand of two detainees is supposed to end at 2pm on 8 November. The police have already declared that they will keep Razzak and Shankar in their custody for one more day on the excuse that Saturday is a weekend in the country.
In one hand, the two families have no means to arrange money to bribe the police any further, for their poor financial condition while on the other, they are seriously worried about the victims who are at serious risk.
SUGGESTED ACTION:
Please send a letter immediately to the relevant authorities listed below urging them to release the two human rights defenders immediately. Please also urge them to take urgent measure so that the police do not torture or kill them while in detention.
The AHRC has written separate letter to the Working Group on Arbitrary Detention, Special Rapporteur on Question of Torture and Human Rights Defenders seeking their immediate intervention in this issue.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Two human rights activists detained by Paikgachha police must be released
Name of victims:
1. Mr. F M Abdur Razzak, aged 42, Editor of the Gonomichhil (a fortnightly newspaper) and General Secretary cum Director of Human Rights Development Centre (HRDC) of Paikgachha, son of Mr. Nur Ali Fakir, living in Godaipur village under the Paikgachha police station in the Khulna district, Bangladesh
2. Mr. Shankar Kumar Dhali, aged 40, a Human Rights Activist, son of late Mr. Surendra Nath Dhali, living in Salubunia village under the Paikgachha police station in the Khulna district, Bangladesh
Alleged perpetrators:
1. Mr. Ali Hasem Khan, Inspector of Police and Officer-in-Charge (OC),
2. Mr. Ainuddin, Sub Inspector of Police,
3. Mr. Mahbub, Sub Inspector of Police,
4. Mr. Shushil, Sub Inspector of Police
5. Mr. Ayub, Sub Inspector of Police
6. Mr. Moidul, Assistant Sub Inspector of Police
(All are attached to the Paikgachha police station of Khulna district)
Date of latest incident of arrest: at 9:30am, 3 November 2008
Place of incident: Agorghata Bazar and Paikgachha police station in Khulna district, Bangladesh
I am writing to express my concern over the arbitrary arrest and detention of two human rights defenders namely Mr. F. M. A. Razzak and Mr. Shankar Kumar Dhali. The two persons are in police remand for past five days at Paikgachha Police Station in Khulna district.
The police have already demanded and received a huge amount of bribe from the two persons’ relatives and are claiming more money threatening to torture the victims. The police have also threatened to register fabricated charges against them if they fail to pay more money.
According to the information I have received, on 6 November at around 7:30pm the Investigation Officer (IO) of the alleged abduction case (No. 4, dated: 3 November 2008, under Section 364, 385 and 34 of the Penal Code) Sub Inspector (SI) Mr. Mahbub went to the house of the complainant Mrs. Jahanara Begum (who falsely claimed her name as Nilufa in the complaint). The IO suggested Jahanara to describe the story of abduction to senior police officers as she claims in her complaint. I wonder whether such an act is legitimate in Bangladesh.
In the same evening, the Officer-in-Charge (OC) of the Paikgachha police station Mr. Ali Hashem Khan and the Assistant Superintendent of Police (ASP) Mr. Shamim interrogated Razzak and Shankar in the police station. ASP Shamim asked Shankar, “Why did you make complaint against the police?” for which Shankar replied, “I was accused in a fabricated case and managed to get bail from the Court. At that stage a police officer came to arrest me while taking tea in a tea stall. I requested the officer to allow me a minute to show him a copy of the bail order, which I had in my pocket. He did not listen to me; put handcuff in both of my hands and took me to the police station showing the people that I was a criminal. However, they released me from the police station when I was able to show the bail order.”
I am shocked to know the reply to this by ASP Shamim, “If you speak out against the police, you have to suffer the pain in the long run”.
I am informed that the Additional Superintendent of Police (Additional SP) of Khulna South Mr. Abdur Rouf conducted an investigation into this case on 6 and 7 November. The complainant Mrs. Jahanara Begum (alias Nilufa) told the Additional SP that her daughter Khaleda was found missing since 8am of 15 October. She also claims in her complaint that the incident happened at 6pm.
The complainant also admitted that she was not the real mother of Khaleda and has no children at all. She admitted that her husband Mr. Abul’s first wife Mrs. Hamida Begum is the real mother of Khaleda and the other two children of the family. The police officer read the complaint lodged regarding the so called abduction case and compared Jahanra’s statement in public and asked questions whether the two statements match each other.
I have also learned that the OC Mr. Ali Hashem Khan has already received a huge amount of money from the two families as bribes. He has repeatedly been claiming bribe of Taka 50,000.00 more from each of the detainees.
Mr. Khan has reportedly informed the victims’ relatives, “When we bring people in police remand for five days like you we have to pay money to our superior officers; we need money for fuel and many other things. Shall I bring money from my home by selling my cattle and my ancestors’ properties? If you don’t pay money get ready to sustain torture in the last night of the police remand (after 7 November midnight).”
I am concerned if the OC Mr. Khan is sharing bribes with his superiors like the Additional SP Mr. Abur Rouf, the victims’ condition is extremely serious as the superior officers will only justify their subordinates’ case.
I have heard that the OC also threatened to implicate the two victims in three more fabricated cases–one for murder, one for illegal possession of arms and one for extortion during, and or after, producing them before the Court. The five-days’ police remand is supposed to end at 2pm on 8 November. But the police have already declared that they will keep Razzak and Shankar in their custody for one more day on the excuse that Saturday is a weekend in the country.
I know, the two families, on one hand, have no means to arrange any money to bribe the police any further due to their financial condition while on the other, they are worried for their relatives in custody.
I therefore strongly urge you to intervene urgently into this case and save the life of Mr. F. M. A. Razzak and Mr. Shankar Kumar Dhali. Please take all necessary steps to ensure that the victims are released on bail. Their case must be investigated by an independent and competent judicial officer immediately other than the police. The corrupt police officers must be prosecuted. The victims must be afforded adequate compensation for the suffering they have sustained.
Once again I request the authorities of Bangladesh to fulfill their obligation to protect the basic human rights of the citizens and to stop the recurrence of human rights abuses at the hands of the law-enforcing agencies and security forces. The country, as a member of the Human Rights Council of the UN and a state party to the ICCPR and the CAT, cannot deny its obligation to adhere to international human rights standards. The international community should hold Bangladesh accountable for the state’s consecutive failure in addressing human rights in the country.
I look forward your urgent intervention in this matter.
Yours sincerely,
—————
PLEASE SEND YOUR LETTER TO:
1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People’s Republic of Bangladesh
Office of the Chief Advisor
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. Mr. A F Hassan Arif
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
4. Major General (Rtd.) M. A. Matin
Adviser
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
5. Mr. Salahuddin Ahmed
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. 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
7. Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88-041-761823 (O)
Fax: +88-041-761300 (O)
E-mail: digkhulna@police.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)
