Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that Mr. Sajedur Rahman Sarkar Sajid, who was entrapped by the police and intelligence agents on the instruction of ruling political party leaders, was arbitrarily arrested on the evening of 18 May 2006. He was then detained in relation to a fabricated arms case and tortured over a period of seven days. On May 21, he was found strangled to death in a cell of the Gaibandha plice station. Contrary to a fact-finding investigation, the police claim that the death was a suicide. The Officer-in-Charge (OC), Mr. Nur Alam, and other police personnel together with the ruling party political leader, Mr. Hamidul Haque Sana, then pressured the deceaseds family into conceding that it was a suicide. Three separate cases have been lodged regarding the death on behalf of the deceased’s family. The Magistrate’s Cognisance Court-1 of Gaibandha ordered the Criminal Investigation Department (CID) to investigate into two of the three cases. To date the authority has not yet assigned any official for the investigation.
On 18 May 2006, at around 8pm Mr. Sajedur Rahman Sajid, who was a third year honours student in the department of philosophy at Dhaka College and working as a sales promotion executive for Mystic Pharmaceuticals, was returning home from work on his motorbike. He was stopped by a person known to him on the street near to the Maya Mess (a private mess for students and service holders) and Markaz Mosque, opposite to the Gaibandha railway station. The man gave Sajid a carton to keep saying that he would return later to collect it. After 20 minutes Sajid called the men asking into his whereabouts with the man assuring him he would be there in a few minutes. Meanwhile, a Watcher of the National Security Intelligence (NSI), Mr. Abu Bakkar Siddique, informed the Gaibandha police about Sajid’s location. A team led by Police Inspector and the Officer-in-Charge (OC) of the Gaibandha Sadar police station, Mr. Nur Alam, along with Sub Inspector (SI) Mr. Abu Yusuf, SI Mr. Md. Masud Rana, Police Constables (Number: 620), Mr. Dulal Chandra Sarkar, (Number: 110) Mr. Ansar Ali and Ansar (a force involved in village defence), Mr. Md. Malik Uddin, arrested Sajid from the place. The police then recovered a shotgun from the cartoo and took Sajid to the police station. SI Md. Masud Rana lodged a case (No.19, Date: 18 May 2006) against Sajid under Section 19 (KA) of the Arms Act-1878, arrested him and had him detained in the police station over night. SI Mr. Abu Yusuf was nominated as the Investigation Officer (IO) of the case.
On the following day, SI Mr. Abu Yusuf produced Sajid before the Magistrate’s Cognisance Court-1 in Gaibandha and applied to have Sajid interrogated in Police Remand for seven days. Magistrate Mr. Kiran Chandra Roy granted this.
On May 21, at around 8:30pm, Sajid’s family came to know that Sajid had died in the Gaibandha Sadar police station. When Sajid’s family learned the news from their neighbours they rushed to the Gaibandha Sadar Hospital where OC Mr. Nur Alam and the district unit president of the ruling political party-BNP, Mr. Hamidul Haque Sana, who is a former police inspector and non-practising lawyer, attempted to take the signature of Sajid’s mother, Mrs. Anisa Begum, on a blank piece of paper. The police also persuaded her to give an undertaking that her son had died of an ‘unnatural death’. The police claimed that Sajid was found hanging from his Lungi (a traditional cloth worn by men in the country) that had been tied to a window rod at the police station.
Terming the death as a suicide the OC lodged an Unnatural Death (UD) case (No.18) with the police station. The OC himself took the responsibility to conduct the investigation of the UD case. In the UD case, which was recorded at 19:35, he mentioned the IO of the arms case, SI Mr. Abu Yusuf, had sent the accused (Sajid) “in good health”. “During the time of shifting duties of the sentries, at 18:00 hours, constable (No.205) Mr. Mizanur Rahman saw accused (Sajid) sitting on the floor hanging on his (worn) Lungi with a broken (in fact, cut by some sharp weapon) netted door [in fact, a window cum ventilator, which is (iron) netted from two sides putting iron rods between the frames] in the South corner inside the male custody of the police station, which is half kilometre (toward the south-west) far from the district hospital. Listening the sentry’s shouts the Duty Officer, Ms. Fahima Haidar, along with the other staff came to the scene and called the accused (Sajid), who did not respond to. In ‘about to death’ condition he (Sajid) was taken to Sadar Hospital.” The OC did not record the time of death.
Sajid’s father, Mr. Abdur Rauf Sarkar, who is a fabric monger in the town, and the Nagorik (Citizen) Committee leaders allege that the police tortured Sajid to death on the instruction of the ruling political party leader, Mr. Delwar Hossain Delu, a executive committee member of the Gaibandha district unit of the BNP. Mr. Delu, it is claimed, did not accept the on-going love affair between his college going daughter and Sajid, who are third cousins. The police tortured Sajid while in police custody. The family members and persons involved in the funeral and burial noticed injuries to Sajid’s feet.
First Class Magistrate, Mr. Kiran Chandra Roy, prepared the Inquest Report observing Sajid’s dead body. The inquest report noted a stain on Sajid’s throat. Sajid’s body was sent to Gaibandha Sadar Hospital for post-mortem. A three member medical board headed by the Resident Medical Officer (RMO), Dr. Mr. Aminul Islam, and consisting of Medical Officers Dr. Amol Chandra Saha and Dr. Mr. Rafiqul Islam, conducted the post-mortem on May 22. The police and the local BNP leaders forced Sajid’s family to hastily bury Sajid’s body in the presence of the police. On May 24, the post-mortem report asserted that Sajid’s death was the result of “asphyxia as a result of strangulation, which was anti-mortem and homicide in nature”. Furthermore, Sajid’s elder brother, Abdul Mazed Sarkar reported that Sajid was 5 feet 8 inches tall and yet a fact-finding team representing the AHRC measured the distance between the floor and the said rod of the window in the police custody at only 47 inches. The area in question was also easily viewed by anyone walking past.
On May 24, Sajid’s father went to the office of Superintendent of Police (SP), Mr. Bhanulal Das, accompanied by BNP leader Mr. Hamidul Haque Sana and other leaders of the party with his complaint. The SP asked OC Mr. Nur Alam, who was present, to receive the complaint in his (the SP’s) office. The OC received the complaint as a murder case (No.27/156), under Section 302 of the Penal Code, against unidentified policemen from the Gaibandha police. On the same day, the OC, lodged another case against Sub Inspector Mr. Abu Yusuf under section 302 of the Penal Code of the same number (27). In the First Information Report (FIR), the OC mentioned that in his “opinion and suspicion, considering the post-mortem report, SI Abu Yusuf might have tortured Sajid in the Sub Inspectors’ room in the police station that resulted several injuries in Sajid’s throat, hands and legs; that’s why the (accused) person died in the custody”. The OC also made some contradictory statement in his FIR. He wrote, “after pushing Sajid to bath in a pond in the thana (police station) campus in front of his elder brother Abdul Mazed, SI Abu Yusuf tortured Sajjad physically in the afternoon. At around 18:00 pm, newly replaced sentry, Police Constable (No.205) Mr. Mizanur Rahman (No. 205) found Sajid hung on his own Lungi tied with a rod of the window of the toilet inside the custody having had a suicide. I prepared the Inquest Report of the dead body; according to the rules, First Class Magistrate Mr. Kiran Chandra Roy done the inquest report.”
However, the IO, SI Mr. Abu Yusuf, was arrested by the Gaibandha Sadar police regarding the murder case on May 28. The Court ordered that SI Mr. Abu Yusuf be sent to prison.
On June 11, Sajid’s elder brother, Mr. Abdul Majed, and Nagorik (Citizen) Committee convener, Mr. Aminul Islam Golap, lodged two separate complaints against 12 policemen regarding the incident with the Magistrate’s Cognisance Court-1 of Gaibandha. The numbers of the petition cases are 1175/06 and 1174/06 respectively under Sections 302, 201, 506, 109 and 34 of the Penal Code. The Magistrate, Mr. Ashraful Islam, of the Court asked the Criminal Investigation Department (CID) to investigate into the two cases. However, no officer has yet been assigned to investigate into the cases.
The people of Gaibandha have protested against the death of Sajid and have demanded punishment for the alleged perpetrators. The people’s protest came under attack by a group of persons belonging to the ruling political party, the Bangladesh Nationalist Party (BNP). Facing non-stop public protests, including day-long strikes in the district, the SP suspended two Sub Inspectors and two constables and transferred the other officers elsewhere. The suspended Sub Inspectors are the IO of the arms case, Mr. Abu Yusuf, and the Duty Officer, Ms. Fahima Haidar. OC, Mr. Nur Alam, was transferred to Kurigram district; SI Mr. Masud Rana, to Rajshahi; SI Mr. Abu Md. Sajjad Hossain to Lalmonirhat and SI Mr.Abu Raihan to Chapainawabganj districts. The local people allege that these are ‘eye-wash steps’ taken by the police instead of punishing the alleged perpetrators.
The local people have also questioned the decision of the Magistrate Court, which ordered the CID to conduct the investigation. It is an established fact in Bangladesh that police officers, including the CID (who also belongs to the police department), do not conduct fair and impartial investigations when their colleagues are the alleged perpetrators. Sajid’s family and the Nagorik Committee leaders have demanded a judicial probe commission into this matter in order to seek justice.
SUGGESTED ACTION:
Please write letters to the persons listed below and urge them to ensure a judicial investigation team is formed to conduct a fair and impartial investigation into this case. Please also urge the Government of Bangladesh to identify all of the persons behind the incident and punish them exemplarily. Please insist the Bangladesh Government to pay appropriate compensation to the family of the victim. The security of the deceased’s family and the witnesses of the case must be ensured.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Man killed by police torture in Gaibandha Sadar police station on the instruction of ruling party political leaders
Name of the victim: Mr. Sajedur Rahman Sarkar Sajid (26), son of Mr. Abdur Raour Sarkar, living in House # 14, Road # 1/1, V Aid Road, Munshipara, municipal area, under the Gaibandh Sadar police station in Gaibandha district
Names of the alleged perpetrators:
1. Mr. Nur Alam, Police Inspector and Officer-in- Charge (OC), Gaibandha Sadar police station
2. Mr. Abu Yusuf, Sub Inspector (SI), Gaibandha Sadar police station
3. Mr. Abu Mohammad Sajjad Hossain, Sub Inspector (SI), Gaibandha Sadar police station
4. Mr. Masud Rana, Sub Inspector (SI), Gaibandha Sadar police station
5. Mr. Farhad Hossain, Sub Inspector (SI), Gaibandha Sadar police station
6. Ms. Fahima Haidar, Probationary Sub Inspector (PSI), Gaibandha Sadar police station
7. Mr. Abu Raihan, Sub Inspector (SI), Gaibandha Sadar police station
8. Abdul Matin, Police Constable (No. 506), attached to the Gaibandha Sadar police station
9. Mr. Abdul Bari, Police Constable (No.334), attached to the Gaibandha Sadar police station
10. Mr. Emdadul Haque, Police Constable (No. 294), attached to the Gaibandha Sadar police station
11. Mr. Dulal Chandra Sarkar, Police Constable (No.620), attached to the Gaibandha Sadar police station
12. Mr. Ansar Ali, Police Constable (No.110), attached to the Gaibandha Sadar police station
13. Mr. Mizanur Rahman, Police Constable (No.205), attached to the Gaibandha Sadar police station
Date of incident: 18 to 21 May 2006
Place of incident: Gaibandha Sadar police station custody, Gaibandha district
I am writing to express my grave concern about the death of Mr. Sajedur Rahman Sarkar Sajid, who I believe may have been tortured to death by police personnel from the Gaibandha Sadar police station, after being framed in an arms case.
According to the information I have received, on 18 May 2006, at around 8pm Sajid was stopped by a known person on the street near to the Maya Mess and Markaz Mosque, opposite to the Gaibandha railway station. The person gave Sajid a cartoon saying that he would come back soon to retrieve it. However, immediately after that man left a Watcher of the National Security Intelligence (NSI), Mr. Abu Bakkar Siddique, informed the Gaibandha police about Sajid's location. A team led by Police Inspector and the Officer-in-Charge (OC) of the Gaibandha Sadar police station, Mr. Nur Alam, along with Sub Inspector (SI) Mr. Abu Yusuf, SI Mr. Md. Masud Rana, Police Constables (Number: 620), Mr. Dulal Chandra Sarkar, (Number: 110) Mr. Ansar Ali and Ansar (a force involved in village defence), Mr. Md. Malik Uddin, arrested Sajid at the place. The police then recovered a shotgun from the cartoon and took Sajid into custody. SI Md. Masud Rana lodged a case (No.19, Date: 18 May 2006) against Sajid under Section 19 (KA) of the Arms Act-1878, arrested him and detained him over night. SI Mr. Abu Yusuf was nominated as the Investigation Officer (IO) of the case.
The following day, SI Mr. Abu Yusuf produced Sajid before the Magistrate's Cognisance Court-1 in Gaibandha and applied to have Sajid interrogated in police remand for seven days. Magistrate Mr. Kiran Chandra Roy granted this. On May 21, at around 8:30 pm, Sajid's family came to know that Sajid had died in the Gaibandha Sadar police custody. When Sajid's family learned the news from their neighbours they rushed to the Gaibandha Sadar Hospital where OC, Mr. Nur Alam and the district unit president of the ruling political party-BNP, Mr. Hamidul Haque Sana attempted to take the signature of Sajids mother, Mrs. Anisa Begum on a blank piece of paper. The police also persuaded her to give an undertaking that her son had died of an 'unnatural death'. The police claimed that Sajid was found hanging from his Lungi (a traditional cloth worn by men in the country) from a window rod. Terming the death as a suicide the OC lodged an Unnatural Death (UD) case (No.18) with the police station. The OC himself conducted the investigation of the UD case. In the UD case, which was recorded at 19:35, he mentioned, the IO of the arms case, SI Mr. Abu Yusuf, sent the accused (Sajid) "in good health". "During the time of shifting duties of the sentries, at 18:00 hours, constable (No.205) Mr. Mizanur Rahman saw accused (Sajid) sitting on the floor hanging on his (worn) Lungi with a broken (in fact, cut by some sharp weapon) netted door (in fact, a window cum ventilator, which is (iron) netted from two sides putting iron rods between the frames) in the South corner inside the male custody of the police station, which is half kilometre (toward south-west) far from the district hospital. Listening the sentry's shouts the Duty Officer, Ms. Fahima Haidar, along with the other staff came to the scene and called the accused (Sajid), who did not respond to. In 'about to death' condition he (Sajid) was taken to Sadar Hospital." The OC did not record the time of death.
Sajid's father, Mr. Abdur Rauf Sarkar alleges that the police tortured his son to death following the direct influence by ruling political party leader, Mr. Delwar Hossain Delu, an executive committee member of the Gaibandha district unit of the BNP. Mr. Delu, it is claimed, did not accept the on-going love affair between his college going daughter and Sajid, who are third cousins. Family members and persons involved in the funeral and burial also claim they saw injuries to Sajid's feet.
First Class Magistrate, Mr. Kiran Chandra Roy, prepared the Inquest Report after observing Sajid's body. The inquest report mentioned that there was a stain on Sajids throat. Sajids body was sent to Gaibandha Sadar Hospital for post-mortem. A three member medical board headed by Resident Medical Officer (RMO), Dr. Mr. Aminul Islam, and constituting Medical Officers Dr. Amol Chandra Saha and Dr. Mr. Rafiqul Islam conducted the post-mortem on May 22. The police and local BNP leaders forced Sajid's family to hastily bury Sajid's body in the presence of the police. On May 24, the post-mortem report asserted that Sajid's death was the result of "asphyxia as a result of strangulation, which was anti-mortem and homicide in nature".
To add further to this claim I am also aware that the distance between the window rod and floor where Sajid was found hanging was shorter in distance than Sajids body. He was also found hanging in an area that was clearly visible for all to see as they walked passed.
I am aware that on May 24, Sajid's father went to the office the Superintendent of Police (SP), Mr. Bhanulal Das, accompanied by BNP leader Mr. Hamidul Haque Sana and other leaders of the party, with his compliant. The SP asked the OC, who was present, to receive the compliant in his (the SPs) office. The OC received the compliant as a murder case (No.27/156) under Section 302 of the Penal Code, against unidentified policemen of the Gaibandha police. On the same day OC, Mr. Nur Alam, lodged another case against Sub Inspector Mr. Abu Yusuf under Section 302 of the Penal Code under the same number (27). In the First Information Report (FIR), the OC mentioned that in his "opinion and suspicion, considering the post-mortem report, SI Abu Yusuf might have tortured Sajid in the Sub Inspectors' room in the police station that resulted several injuries in Sajid's throat, hands and legs; that's why the (accused) person died in the custody".
I have observed that OC, Mr. Nur Alam, played a dual role as the complainant and Investigation Officer in the UD case (No.18). Such positions are highly ridiculous, controversial and unacceptable. I have also observed that the OC made contradictory statements in his documents. In the official record of the UD case, the OC claims that Sajid was sitting on the floor. Conversely, in his FIR (No. 27) lodged on May 24, the OC accuses the IO of the arms case (no. 19), SI Mr. Abu Yusuf of having pushed Sajid to bath in the pond of the police station and tortured him physically. The OC claimed that that was the reason for Sajid's death.
I am aware that SI Mr. Abu Yusuf was arrested by the Gaibandha Sadar police regarding the murder case on May 28. The Court ordered that he be sent to prison. But I strongly question this action as there are many other alleged perpetrators in this case, who likewise must be questioned, and if found guilty, punished.
I have also learned that on June 11, Sajid's elder brother, Mr. Abdul Majed, and Nagorik (Citizen) Committee convener, Mr. Aminul Islam Golap, lodged two separate complaints against 12 policemen regarding the incident with the Magistrate's Cognisance Court-1 of Gaibandha. The numbers of the petition cases are 1175/06 and 1174/06 respectively under Sections 302, 201, 506, 109 and 34 of the Penal Code. I am informed that no investigation has yet commenced despite the Magistrate, Mr. Ashraful Islam, of the Court asking the Criminal Investigation Department (CID) to investigate into the two cases.
I am aware that the people of Gaibandha have protested against the death of Sajid and have demanded punishment of the alleged perpetrators. The people's protest came under attack by a group of persons belonging to the ruling political party, the Bangladesh Nationalist Party (BNP). Facing non-stop public protests, including day-long strikes in the district, the SP suspended two Sub Inspectors and two constables and transferred the other officers elsewhere. The suspended Sub Inspectors are the IO of the arms case, Mr. Abu Yusuf, and the Duty Officer, Ms. Fahima Haidar. OC, Mr. Nur Alam, was transferred to Kurigram district; SI Mr. Masud Rana, to Rajshahi; SI Mr. Abu Md. Sajjad Hossain to Lalmonirhat and SI Mr.Abu Raihan to Chapainawabganj districts. The local people allege that these are 'eye-wash steps' taken by the police instead of punishing the alleged perpetrators.
The local people have also questioned the decision of the Magistrate Court, which ordered the CID to conduct the investigation. It is an established fact in Bangladesh that police officers, including the CID (who also belongs to the police department), do not conduct fair and impartial investigations when their colleagues are the alleged perpetrators. Sajid's family and the Nagorik Committee leaders have demanded a judicial probe commission into this matter in order to seek justice.
I strongly condemn the intelligence agents, the police and the magistrates of Gaibandha district for their respective parts in this case. This is a clear example of misuse of powers by all persons concerned. It also highlights the extreme collapse of rule of law in Bangladesh. Further, it illustrates Bangladesh's complete disrespect for human rights principles and its highly questionable appointment to the newly formed Human Rights Council.
I strongly urge you to commence a fair, impartial and effective inquiry headed by a Justice of the Supreme Court to ensure redress to the victim's family and justice to the perpetrators of this crime. I request you to punish the alleged perpetrators, including the politicians, the intelligence agents and the police without delay. I also urge you to ensure security for Sajid's family and the witnesses of the cases lodged by the family. Finally, appropriate compensation must be paid to the deceased's family.
I trust your intervention will be forthcoming.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' Republic of Bangladesh
Office of the Prime Minister
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)
2. Mr. Md. Lutfozzaman Babor MP
State Minister
The Ministry of Home Affairs
The Government of the Peoples¡¦ Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O) or 8359000 (R)
Fax: +880 2 7160405, +880 2 7164788
3. Mr. Sayed J. R. Modassir Hossain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058
4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568
5. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677 (O), +880 2 8362552 or 8362553 (R)
Fax: +880 2 9563362 or 9563363
6. Mr. Dr. Baharul Alam BPM
Deputy Inspector General of Police (DIG)
Rajshahi Range
Bangladesh Police
Office of the DIG of Rajshahi Range
Rajshahi
BANGLADESH
Tel: +88 0721 772309 (O)
Fax: +88 0721 775444 (O)
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
E-mail: ssyed@ohchr.org
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org / urgent-action@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
