BANGLADESH: Pregnant woman tortured by police in Dhaka 

Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that a pregnant woman, who is diabetic patient, was tortured by the police on the street and in a prison van on 12 March 2006. This occurred in Dhaka during a demonstration of political parties while the woman was waiting outside her son’s school. Two Deputy Commissioners (DC) of Dhaka Metropolitan Police (DMP) were directly responsible for the brutality. The victim has lodged two charges against the alleged perpetrators but no action has yet been taken by the government regarding the incident. Extraordinarily, on March 22, two persons lodged two separate cases against the victim and her husband with the Chief Metropolitan Magistrate (CMM) Court. The victim and her lawyers believe that the police have persuaded the two persons to lodge the case against the victim to harass her and her family as well as the witnesses of her two cases.

On 12 March 2006, the mainstream opposition political parties, led by the Bangladesh Awami League, called on a programme of `Gherao’ (surrounding) the office of the Election Commission headquarters at the Sher-e-Bangla Nagar in Dhaka. At around 12:00pm the leaders, activists and supporters held a rally, which moved in the direction of the Election Commission office. On the way, at Mirpur road, in between Manik Mian Avenue and Road number 27 of Dhanmondi Residential Area, the police barricaded the demonstrators.

The victim, Shahin Sultana Santa, was in this vicinity at the time as she was going to collect her son from the Dhanmondi Boys’ High School in the Jatiya Sangsad area. At around 12:30pm, a group of demonstrators belonging to the opposition political party (Bangladesh Awami League) passed by the front of the school. The police became unruly towards the demonstrators. They fired tear gas and water canons at the demonstrators and beat people with sticks, canes and iron rods.

During this time Santa, who had been waiting in front of the school, took shelter inside a private hospital (Pansia Clinic), which is situated opposite the school. However, she was soon forcibly removed from the clinic and placed with the demonstrators where she was likewise beaten by the police. Santa told the police that she was pregnant and a diabetic patient. But the Deputy Commissioner (DC) of Police (West Zone), Mr. Kohinoor Mian, ridiculed her and said, “When police come to arrest, you pretend to be patient and pregnant!” The Deputy Commissioner (DC) of Police (South Zone), Mr. Mazaharul Haque, and the DC (West), Mr. Kohinoor Mian asked their subordinate policemen to break her hands and legs. The male police put their hands on Santa’s lower abdomen to check whether she was pregnant. They then tied a rope around her abdomen and pulled on the ends of it with force. She was then forced into a prison van. Inside the van the policemen walked on her body and kicked her genitalia as well as her lower abdomen. After Santa fainted she was discarded on the street after having had her thumbs printed on blank papers. She alleges that the police snatched a mobile phone, two gold bracelets (40 grams), a gold chain (15 grams) and Taka one thousand, five hundred from her.

Santa received severe injuries to her thighs, lower abdomen, back, waist, hip and other areas of her body. She suffered two fractures due to the police brutality, one in her right elbow and the other in the small finger on her right hand.

Santa was admitted to the Dhaka Medical College Hospital (DMCH) at ward number 33. The doctors warned her that the bruised parts of her skin might decompose, due to the degree of damage done to it, and suggested that she seek better treatment before it further deteriorated. Quoting the doctors, Santa told the fact-finding team that it might take about ten months to recover from her injuries. She has, however, since left the hospital due to her fear of the police.

Santa went to lodge a charge against the alleged perpetrators at the Mohammadpur police station who refused to record the case. She then filed her case (CR Case number 312/06) with the Chief Metropolitan Magistrate’s Court in Dhaka on March 14 against DC (South), Mr. Mazharul Haque, DC (West), Mr. Kohinur Mian, police constable, Mr. Ruhul Amin, and about 25 police personnel under sections 34, 326, and 394 of the Penal Code. The Metropolitan Magistrate, Mr. AJM Baki Billah, referred the complaint to the Inspector General of Police (IGP) for proper investigation. The court has directed the police to report to the Court detailing the progress of the investigation on 16 April 2006. Santa alleges that the Magistrate did not see her injuries when she went there to file the case. On March 19, Santa lodged another case (Number: 23/06) against her alleged perpetrators under sections 10/30 of the Women and Child Repression Prevention (Special Provision) (Amended) Act – 2003. The Court has ordered a Judicial Inquiry, to be headed by a magistrate, be conducted into this case. The Judicial Inquiry committee established March 23 as the day to take statements of the witnesses and the victim.

Santa told the fact-finding team that on March 15 at around 3pm the concerned authority without any reason disconnected her telephone connection in her residence. She believes that this was done as a means of threat and to impede her and her family’s ability to pursue this case. She also alleges that the police have threatened her not to proceed with her compliant. Santa has said that the scene of police brutality was broadcasted by most of the satellite television channels in Bangladesh on the date of incidence and on the following day. The national daily newspapers also published the photos of brutality on March 13.

To date, the Inspector General of Police (IGP) has taken no initiative in responding to the direction of the CMM Court despite a week having already passed.

On March 22, two cases were lodged with the Chief Metropolitan Magistrate (CMM) Court of Dhaka against Santa and her husband, Mr. Atiur Rahman, who is a lawyer by profession. The plaintiff in the first case is Mr. Daud Mian, a resident of 1/5 Sat Masjid Road, under the Mohammadpur police station, who brought charges of claiming a toll of Taka 100000.00 against Santa and her husband. The plaintiff claimed that he paid Taka 20000.00 as a toll to the couple.

The second plaintiff, Mr. Firoz Mian is a resident of 79/1, Kalayanpu Main Road under the Mirpur police station. He claims that, on March 10, Santa along with her husband went to his house and stole goods worth Taka 45,000.00.

Responding to the two complaints, the Metropolitan Magistrate Mr. Mizanur Rahman asked the respective police stations to record those charges as First Information Reports (FIR). However, Santa’s lawyers have ridiculed the role of the Magistrate for asking the police to record those two charges as regular cases with the police stations without considering the reality and the possible intention of the police. The lawyers have termed the charges against Santa and her husband as fabricated and simply laid as a means of harassing the couple and any witnesses in the case.

SUGGESTED ACTION:
Please write letters to the officials listed below asking them to conduct a fair and impartial investigation into the torture of Shahin Sultana Santa. Please urge them to identify all the perpetrators responsible for the brutality. Please also urge the Bangladesh government authority to withdraw the fabricated charges against Santa and her husband. Please note that if the alleged perpetrators are found guilty, they must be punished exemplarily. Please ask the authority to ensure appropriate protection and security for Santa, her family and the witnesses in this case. The victim must be afforded appropriate compensation for the physical and psychological injuries she has suffered.

 

 

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