BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source of the illegal arrest, detention and torture of Mohammad Abul Kashem Gazi, by policemen attached to the Khilgaon police on 24 November 2005. Mohammad was on his way to a market to buy spare parts for his refrigerator shop, when he was assaulted by the policemen after being stopped in front of their police station.

After being arrested without any charges, the Khilgaon police detained him overnight. At this time, he was deprived of food and medical treatment. Three policemen, including the Officer-in-charge (OC) of the police station were allegedly responsible for torturing the victim, who sustained considerable injuries.

According to the information received, Kashem has filed a case with the Chief Metropolitan Magistrate’s Court in Dhaka against the policemen involved.

In light of this case, the AHRC urges you to call upon the relevant authorities in Bangladesh, in particular the Inspector General of Police (IGP) and the Ministry of Home Affairs to take disciplinary and necessary legal action against the policemen involved. The victim must also be afforded with medical assistance and compensation.

Further, please urge the Government of Bangladesh to enact domestic legislation in full conformity of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) without delay, to which they have acceded. The AHRC is deeply concerned that unless a domestic law on torture is enacted, there would be no recourse to victims of torture to seek justice and redress.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victim: Mohammad Abul Kashem Gazi, a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit of the Awami Jubo League in Dhaka City
Name of alleged perpetrators: Chowdhury Tarikul Alam, Officer-in-Charge (OC), Havildar Delwar Hossain and Sepoy Mosharaf Hossain attached to the Khilgaon police station of the Dhaka Metropolitan Police (DMP)
Date and place of incident: 24 November 2005 at the street in front of the Khilgaon police station

Case details:

On 24 November 2005, at around 9am Mohammad Abul Kashem Gazi was on his way to the Taltala machineries market to buy spare parts for his refrigerator shop when stopped by a number of policemen in front of the Khilgaon police outpost. Three of the policemen, namely Chwodhury Tarikul Alam – the Officer in Charge (OC); Delwar – the Havildar; and Mosharaf Hossain – the Sepoy, all from the Khilgaon police station, started assaulting Kashem along the street.

Kashem was later taken to the Khilgaon police station where he was detained overnight. The police also took his mobile phone. While in police custody, Kashem was severely tortured by three policemen and was not given food. He suffered severe injuries as a result of the incident.

The next day, Kashem was produced before the magistrate court where he was released on bail due to his health conditions.

It is reported that on November 25 he was charged under section 54 of the Criminal Procedure Code (Cr.PC) by the Khilgaon police. This law is commonly abused by the Bangladeshi police in arresting persons without charges.

On December 19, Kashem filed appropriate charges against the policemen involved after being treated for his injuries. Kashem is a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit Awami Jubo League of the Dhaka City. It is reported that when Kashem mentioned to the police that he was the leader of the Awame Jubo League (youth front of the main opposition party) during his detention, the officers became more violent.

After recording Kashem’s statement in court, Magistrate Mr. AJM Abdullahel Baki ordered the Deputy Commissioner (DC) of the Detective Branch (DB) of the Dhaka Metropolitan Police (DMP) to initiate an investigation into the case.

SUGGESTED ACTION:

Please send a letter to the Inspector General of Police and other persons listed below expressing your serious concern about Mohammad Abul Kashem Gazi’s case. The government agencies concerned must initiate appropriate measures to investigate the alleged illegal arrest, detention and severe torture of the victim.

 

 

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