BANGLADESH: Arbitrary detention of two prominent NGO leaders for two months since the state of emergency

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of the alleged arbitrary arrest and detention of two prominent NGO leaders: Mr. Md. Abul Kashem Palash, Principal Programme Coordinator of the PROSHIKA, and Mr. Md. Aminul Islam, Director of the Association of Development Agencies in Bangladesh (ADAB), a forum of around 1150 NGOs of the Bangladesh. Both men were allegedly arrested by the Rapid Action Battalion (RAB)-2 on 12 January 2007, soon after the proclamation of the state of emergency and the enforcement of a curfew in the country. They were accused by the Bangladesh government of being threats to the internal security of the country. They have not been produced before any court and have not been allowed access to their lawyers for two months since their arrest in violation of domestic and international law. The High Court Bench of the Supreme Court ordered their immediate release on 26 February 2007 but their families fear that the Government will appeal to the Supreme Court to object the Court’s decision.

CASE DETAILS:

Soon after President Mr. Iazuddin Ahmed proclaimed the state of emergency in the evening of 11 January 2007, two prominent NGO leaders, Mr. Md. Abul Kashem Palash, Principal Programme Coordinator of the PROSHIKA as well as President of the ADAB Dhaka Chapter, and Mr. Md. Aminul Islam, Director of the Association of Development Agencies in Bangladesh (ADAB), were arrested by the Rapid Action Battalion (RAB)-2 from their residence in Dhaka city on the early hours on January 12. Mr. Aminul had served at various international organizations including Save the Children USA, UNOSOM and working for various projects of the United Nations.

Both men were detained by the RAB until 8:30 pm on the same day and later sent to the Dhaka Central Jail, after receiving 30-day preventive detention under the Special Powers Act-1974. After 25 days of their detention, the Bangladesh government again imposed another 30 day preventive detention under the same Act. They have not yet been produced before any court of the country since their arrest.

CASE 1: Mr. Md. Abul Kashem Palash

At around 2:00am on 12 January 2007, somebody knocked the door of Mr. Abul Kashem Palash’s house at P15, Noorjahan Road under the Mohammadpur police station in Dhaka. When Mr. Palash’s wife Mrs. Nahidee Yessmin asked their identity, they replied that they are from RAB-2. When the wife opened the door, a group of 10 to 12 persons came in and looked for Mr. Palash. When Mrs. Nahidee asked the RAB team to show the arrest warrant, they allegedly told her that they are taking him for interrogation but not “arresting” him. Mr. Polash was then taken away by the RAB team. When his wife asked them where her husband would be taken and how the family members have to contact him, the RAB team simply told her to contact the local police station. The RAB also assured Mrs. Nahidee that Mr. Polash would come back within a few hours.

Mr. Palash then urgently called to a relative who is a Major of the Army, for his intervention. She received a phone call from the Army Major a few minutes later and was informed that Mr. Palash was in the RAB-2’s custody in Mohammadpur.

At around 9:00am on January 12, Mrs. Nahidee and some friends of Mr. Palash went to the Mohammadpur police station, where they found Mr. Palash in the lock-up. Upon the wife’s request, a Sub Inspector checked the official records regarding Mr. Palash’s arrest but did not find anything in it. After for a while, the police station received a phone call informing that the RAB-2 personnel would take Mr. Palash into their custody again. Mr. Palash was then taken by the RAB vehicle to RAB-2 camp in Mohammadpur, where he was detained until 4:30 pm. He was then taken to the Malibagh office of the RAB where he was again sent to the Dhaka Central Jail at around 8:30pm, without being produced before any court.

An order of the Home Ministry dated 12 January 2007 was later issued. In the order, Mr. Palash was given a 30 day preventive detention under Section 3(1) of the Special Powers Act-1974, for “prejudicial acts” mentioned in Section 2(f) of the same Act. The order was signed by a Deputy Secretary (Security Cell-3) of the Home Ministry and Mr. Palashi’s detention case number is: 03/2007.

On January 20, Mr. Palash received a paper from the Home Ministry signed by a Deputy Secretary (Security Cell), containing reasons for his detention under Section 8 of the Special Powers Act-1974. The paper mentions that Mr. Palash was given detention for his involvement with harmful activities against Bangladesh, based on the observations and recommendations by the Officer-in-Charge (OC) of the Mohammadpur police station and the Special Superintendent of the Special Branch Police of the Dhaka City. The paper further mentions that Mr. Palash, as the Deputy Director of the PROSHIKA, was influencing and mobilizing the slum people against the rule of law and law and order of the country; he was patronizing the terrorist activities and involved in destructive actions. The paper also mentions that these “crimes” violate Section 2(f) of the Special Powers Act-2007 and that the other information regarding Mr. Palash’s detention except the information mentioned in the paper would be undisclosed for the sake of the public interest.

At around 11:am on January 24, the Special Branch Police allowed four family members to meet Mr. Palash at the Dhaka Central Jail for 20 minutes in presence of police officers. During the meeting, Mr. Palash could not say anything about his condition in detention. The family also reports that the Bangladesh authorities have not allowed the lawyer to meet Mr. Palash since his arrest.

On February 5, another 30 day detention was imposed on Mr. Palash based on the extension order signed by Mr. Md. Afzalur Rahman, the Senior Assistant Secretary of the Home Ministry’s Security Cell-3, under section 3(1) of the Special Powers Act-1974.

On February 25, Mrs. Nahidee submitted another application seeking a meeting with her husband at the Dhaka Central Jail but has not received any response from the jail authority. Now the government has a policy to allow the family members to meet the detainees only once a month.

Mr. Palash’s family says that there is no specific complaint or cases against him. Besides, his family is facing great difficulties since his arrest, as he was the sole breadwinner of the family. Also, the landlord of Mr. Palash’s house already notified Mrs. Nahidee to leave the flat due to frequent presence of the RAB and the police personnel in the building. The family are also facing social stigma from the neighbours since Mr. Palash’s arrest. Mrs. Nahidee also says that she cannot give any answer to her 6-year-old son why his father does not come back home for long time.

CASE 2: Mr. Md. Aminul Islam

At around 2:30am on 12 January 2007, 8 to 9 RAB-2 personnel led by Captain Mr. Rajon went to the house of Mr. Md. Aminul Islam’s house at Apartment # D-3, House # 8, Road # 13 of the Dhanmondi Residential Area under the Dhanmondi police station in Dhaka. Mr. Aminul is the Director of the Association of Development Agencies of Bangladesh (ADAB). When Mr. Aminul opened the door, Captain Rajon asked him to accompany them. When Mr. Aminul requested the RAB team for an arrest warrant and information where he would be taken, the captain simply ignored it and took him away. Mr. Aminul was then allegedly taken to an unknown place and then to the Dhaka Central Jail. His family was learned that he was in the RAB custody at its Moghbazar office, only before he was sent to jail In the late hour of the day.

A 30 day preventive detention order holding detention case no. 02/2007 dated 12 January 2007 with the signature of a Deputy Secretary (Security Cell-3) of the Ministry of Home Affairs was issued by the order of President under Section 3(1) of the Special Powers Act-1974. The order mentions the similar reasons like in that of Mr. Palash.

On January 20, like Mr. Palash, Mr. Aminul also received a paper from the Home Ministry signed by a Deputy Secretary (Security Cell), containing reasons for his detention based on Section 8 of the Special Powers Act-1974. The paper gave the same reasons like Mr. Palash. The only difference is the name of Mr. Aminul’s organization and the name of the police station: the Officer-in-Charge (OC) of the “Dhanmondi” police station. The paper also similarly mentions that the other information regarding Mr. Palash’s detention except the information mentioned in the paper would be undisclosed for the sake of the public interest.

At around 11:am on January 23, the Special Branch Police allowed four family members to meet Mr. Aminul at the Dhaka Central Jail for 20 minutes in presence of police officers. Mr. Aminul could not disclose anything to his family in the presence of the police officers. He has also not been allowed to access his lawyer since his arrest. Mr. Aminul has not any specific complaint against him.

On February 5, the Bangladesh government also imposed another 30 day preventive detention on Mr. Aminul under section 3(1) of the Special Powers Act-1974. The extension order was also signed by Mr. Md. Afzalur Rahman, the Senior Assistant Secretary of the Home Ministry’s Security Cell-3.

Release order of High Court Bench:

Meanwhile, Mr. Aminul’s wife, Mrs. Shahana Islam, and Mr. Palashi’s wife Mrs. Nahidee, lodged two Criminal Miscellaneous Case (numbers: 22 and 23 respectively) with a Bench of the High Court Division of the Supreme Court on January 14 under section 491 of the Code of Criminal Procedure. The High Court Bench then passed a Rule Nisi, directing the government to submit the explanation that why the detention of these two persons shall not be declared unlawful within 10 days. However, the Bangladesh authorities failed to respond to the court order, except merely submitting the papers issued by the Ministry of Home Affairs.

Since the complaints were lodged with the High Court Bench, prominent lawyers representing the two victims along with other political leaders detained. The High Court Bench then asked the lawyers to explain whether these detention cases can be heard in the Bench during the state of emergency and in the situation that all fundamental rights of citizens have been temporarily suspended.

During the hearing, the lawyers of the detainees then argued that the legal rights of the citizens are not suspended even during the state of emergency, while the fundamental rights of citizens have been suspended. On the other hand, the Attorney General Barrister Fida M Kamal argued that the Court has no jurisdiction to take up habeas corpus applications on “preventive detention” cases, quoting Section 491(3) of the Code of Criminal Procedure of Bangladesh. However, the lawyers submitted a number of good case examples of the past that upheld the legal rights of the detainees. The High Court Bench finally concluded that it would start to hear the individual habeas corpus cases from February 26.

Accordingly on February 26, the High Court Bench comprised by Justice Mr. Md. Abdul Wahab Mian and Justice Mr. Md. Emdadul Haque has passed separate orders declaring that the detention of Mr. Aminul and Mr. Palash are unlawful and ordered the government to release the both men immediately.

However, the families of Mr. Aminul and Mr. Palash fear that the government may appeal to the Supreme Court against High Court Bench’s order to stop their release. The family are also concerning about their safety, fearing that that further harassment by the RAB or other law enforcement personnel may be imminent.

ADDITIONAL COMMENTS:

These cases are yet other examples illustrating that how the human rights defenders are targeted by the Bangladesh government for the arbitrary arrest and detention under the state of emergency.

In one hand, the Bangladesh government has arrested a number of influential political leaders, who are allegedly involved in huge corruption and abuse of the power using their governmental positions. These government actions have been heatedly welcomed by the citizens as well as the local media for the time being, despite the fact that those people’s arrest and detention were made in an unlawful way.

On the other hand, the Bangladesh government is using this chance to arrest and detain NGO leaders and human rights defenders, with false and vague allegations of anti-state activities, in order to harm their credibility and disgrace their human rights work. Series of such arrests and detentions have already crated fear and panic among the human rights activists and other professionals working in the field.

It is true that some NGOs have been participating in the political activities and the public raised questions about the transparency and independence of the NGOs. However, this should not be the reason to justify such illegal actions by the government and harm the credibility of all human rights defenders, who are dedicating themselves for the rights of the people.

Since the arbitrary arrest and detention are taking place against human rights activists under the Special Powers Act-1974, the human rights defenders in Bangladesh was put in harsh situation to conduct their work. Many of the grass root human rights defenders have gone into hiding to escape from such harassment. Meanwhile, few of local human rights organizations of the country are raising their voices against these state violence, concerning for their own safety. Besides, the Supreme Court has failed to address this serious matter to date despite huge expectation from the civil society.

SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below urging them to take prompt action to investigate the conduct of the Rapid Action Battalion (RAB)-2 in the alleged arbitrary arrest and detention of Mr. Palash and Mr. Aminul. Please also demand that anti-state activities charge against the victims is immediately withdrawn. Please also send your letters to the relevant UN agencies listed below.

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