BANGLADESH: Arbitrary arrest; torture; fabricated charge; detention; deprivation of medical treatment; collapse of rule of law
——————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that three persons including twin brothers were arbitrarily arrested by a team from the Rapid Action Battalion (RAB)-2 at their mobile phone shop at Abdullahpur Karergaon Bazar on 19 November 2006. The RAB personnel were allied with the cousins of the victims who had land disputes amongst the families. The RAB-2 personnel and the South Keraniganj police, extorted money from the counterpart of the arrested persons. They have been implicated with fabricated charges of illegal arms possession involving two weapons that were allegedly shown to them. They were also tortured and detained in the Dhaka Central Jail. The Magistrate’s Court and the Metropolitan Session Judges Court have not yet granted bail to the arrested persons. The government authorities have still taken no action on this case.
On 19 November 2006 at around 9:45 am, Mr. Gazi Piar Bokhs was sitting in the “Gazi Telecom Centre”, a mobile telephone shop, along with his younger brother Mr. Gazi Hassan Ronny at the Abdullahpur Karergaon Bazar which is under the jurisdiction of the South Keraniganj police station in Dhaka district. A microbus ambulance with a sign of Alps Hospital (license plate No. Dhaka Metro-BA-03-2790) came to the place and stopped in front of the telephone shop. Four unidentified persons and Mr. Hazi Shahidullah who is an enemy of Piar and Ronny’s family due to a land dispute and political beliefs, got out off the car. Two of them were wearing Lungi (a type of cloths worn by males on the lower part of the body) while the other two persons were wearing a pant-shirt.
As soon as they came into the shop, the two Lungi wearing people pointed pistols at the chests of the twin brothers, while the other two persons blind folded Mr. Piar and Mr. Ronny. Within a short while, the five men began beating the victims with kicks and punches. A man named Mr. Md. Alal Uddin, who was painting a shop in the same market, came to the scene and asked the identities of the armed people. Then, they responded in the same manner to the twin brothers by punching, kicking and blind folding him. After that they pushed the three persons inside the ambulance. By this time, the local leaders, businessmen and relatives of Mr. Piar and Mr. Ronny arrived at the scene and tried to figure out the identities of the armed gang.
Mr. Piar and Mr. Ronnys mother Mrs. Piara Begum and a sister Ms. Mahmuda Akter went to the South Keraniganj police station, informed the police about the kidnapping and asked the identity and whereabouts of the armed gang and the three kidnapped persons. However the police failed to provide any information and clarification about the incident.
A two member police team comprising the Second Officer of the South Keraniganj police station, Sub Inspector (SI) Mr. Badrul Alam and Constable Mr. Abdul Quddus came to the scene to verify the alleged incident of kidnapping. Mrs. Piara Begum, then, went to lodge a kidnapping case with the South Keraniganj police against Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are the rivals of Mrs. Piaras family due to land disputes and political counterparts, for their alleged involvement. The police refused to record the case and did not go to the scene to investigate into the alleged kidnapping.
A large number of people blocked the Dhaka-Mawa highway demanding the rescue of two kidnapped persons and punishment of the alleged perpetrators. After some time for the investigation, the police arrested Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are involved in the politics of the Bangladesh Nationalist Party (BNP). At the site of the Dhaka-Mawa highway, the Assistant Superintendent of Police (ASP) of the Keraniganj Circle stated and assured that the police will take immediate action to rescue the kidnapped persons and send the perpetrators for prosecution in due course. After that, the mob withdrew the blockade from the road and the police released the two persons arrested earlier without recording any charge against them.
Meanwhile, the relatives of Piar and Ronny found a mobile phone on the floor of the shop; they checked the phone number (+88 01711482206) and went to the South Keraniganj police station. Following a couple of missed calls the Officer-in-Charge (OC), Mr. Kamrul Islam, confirmed that the mobile phone belongs to an Assistant Sub Inspector (ASI) (No. 4775) Mr. Md. Golam Mostakin, who is attached to the Rapid Action Battalion (RAB)-2. The police also confirmed that the ambulance was used to kidnap the two persons with fake motor car registration number plate.
At around 6:00 pm, the Keraniganj police informed Piar and Ronnys family that the RAB-2 has arrested Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin. The relatives of Piar and Ronny, then, went to the RAB-2 office at 653 Baro Moghbazar in the Dhaka city. At first, the RAB-2 officials admitted that they arrested those three persons. However, shortly after the RAB officials denied this and said that they did not arrest any persons named Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin. The RAB personnel denied to provide any more information to the relatives and ousted them from the office.
At about 2:00 am, on November 20, the South Keraniganj police called on the mobile phone of Mr. Gazi Sakhawat Arif, in-laws of Piar and Ronny, and informed that the RAB-2 handed over Mr. Piar, Ronny and Alal to the police. The police also informed that a Deputy Assistant Director (DAD) of the RAB-2, Mr. Md. Abdul Halim Chowdhury, lodged a case against the three arrested persons under section 19 (A) and 19 (F) of the Arms Act.
The First Information Report (FIR) (No. 23) lodged by the RAB-2, at 1:45 am on 20 November 2006, claims that Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin were arrested for their alleged possession of illegal arms; a 32 calibre revolver, a bullet of the revolver, a 9 millimeter pistol with magazine loaded with two bullets. The said arms and ammunitions were handed over to the South Keraniganj police when the FIR was lodged attached with a seizure list, which was witnessed by Mr. Hazi Shahidullah, Mr. Shawkat Ali and Mr. Ataur Rahman. The time of seizing the arms from a drawer of “Gazi Telecom Centre” mentioned in the seizure list was at 11:50 am on 19 November while neither the RAB showed the so called arms to the eye witnesses were present there nor followed the particular section of the Code of Criminal Procedure to conduct the seizure list, which ultimately did not support the statement regarding seizing arms from the shop by the RAB-2 DAD Mr. Md. Abdul Halim Chowdhury.
The RAB-2 handed over the three arrested persons to the police, who produced them before the Magistrates Cognizance Court Kha Region of Dhaka district. SI Mr. Badrul Alam Talukdar sought police remand for seven days for each of the persons while the Magistrate granted one day for Mr. Gazi Piar Bokhs, as his lawyer mentioned that the person had a brain hemorrhage in the recent past, and three days each for Mr. Gazi Hassan Ronny and Mr. Alal Uddin.
During the police remand SI Mr. Badrul Alam Talukdar and other police personnel tortured the victims in the South Keraniganj police station. The police produced Mr. Gazi Piar Bokhs before the Magistrate Court on 22 November after the one day remand. The Magistrate, Mr. Raihan Akter, ordered to send him to the Dhaka Central Jail custody without granting bail to him. The two other persons, Mr. Gazi Hassan Rony and Mr. Alal Uddin, were sent to the Court on 24 November while the Magistrate Mr. Raihan responded to the victims in the same manner as he did to the former.
Mrs. Piara Begum, mother and, Ms. Mahmuda Akter, sister of Piar and Ronny allege that the RAB-2 personnel tortured the twin brothers and the painter Mr. Alal many times when they were arrested, on the way inside the vehicle and in the RAB-2 custody. The South Keraniganj police also tortured them during the remand. Ms. Mahmuda told that she found her brothers trembling when she went to see them at the Dhaka Central Jail where the authority did not arrange medical treatment for the injuries of the victims. She also alleges that Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are the enemy of their (Mahmudas) family due to a land dispute and political reasons, were shown as witnesses of the so called arms seizure from Piar and Ronny and that this proves that the charge was completely fabricated and a conspiracy against the family.
Ms. Mahmuda also alleges that, as her family supports the Awami League politics, they were implicated in six criminal cases and a civil case with the respective police station, courts and other authorities in last five years. The police did not record a single complaint with the local police station despite their huge land was grabbed by their BNP backed opponents Mr. Hazi Shahidullah, Mr. Shawkat Ali and others during the same disposal. Ms. Mahmuda also allege that the RAB wanted to kill her brothers in “crossfire”, which they failed to do because of missing the mobile phone in the shop.
The family of Piar and Ronny told that having been refused the bail petition by the Magistrate’s court they appealed to the Metropolitan Session Judges Court of Dhaka. On December 7, a Judge of the Court, during the vacation period, fixed 4 January 2007 for the bail hearing. The family of Mr. Piar is seriously worried about his health condition while the jail authority has not arranged medical treatment for the injuries sustained by the RAB and Police torture. Mr. Piars wife is also worried about her husband and three young children. Describing the helplessness the family members of the victims questioned that whether there is any place for such victims to get justice and protection to survive.
ADDITIONAL COMMENT:
The personnel of the law enforcing agents in Bangladesh are mostly used as the musclemen of the ruling political party. The local political groups belonging to the Bangladesh Nationalist Party (BNP) took the opportunity of abusing the policing power to gain their personal and political benefits exploiting their political and family rivals. The experience of Ms. Mahmudas family is not unique. Being supporters of the opposition political party a family can easily be a victim of fabricated criminal charges; victim of torture by law-enforcers; victim of the state sponsored land grabbers and power-abusers. Their right to justice can be denied without any justification and protection of law and the rule of law institutions. Although the BNP is not in the government since October 27 the same set up is still in existence across the country.
The police and the RAB personnel might be involved in the moneyed and influential group to exploit the less-privileged groups. This incident is another ideal example of the existing blind magistracy in practice that is run by the Ministry of Home Affairs, which is also the authority of the Bangladesh Police. There is no specific authority that can give redress to the victims of the ongoing brutality by the so-called law enforcing agents in Bangladesh. No one cares about the unbelievable and intolerable sufferings, financial loss and social stigmatizations are being caused by the errant policemen and their associates. The government and its all other organs are only working for the protection of the abusers of the laws of the land as well as the violators of human rights of the people instead of protecting the fundamental rights of the citizens. (For further information, please see: Lawless law enforcement and the parody of judiciary in Bangladesh).
SUGGESTED ACTION :
Please send your letters immediately to the relevant Bangladesh government authorities listed below and urge them to take prompt action to investigate the conduct of the Rapid Action Battalion and the police in the alleged arbitrary arrest, torture and detention of Piar, Ronny and Alal and the fabricated arms possession charge against them.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Three persons including twin brothers arbitrarily arrested and tortured by Rapid Action Battalion and the Keraniganj police in Dhaka
Name of the victims:
1. Mr. Gazi Piar Bokhs, aged 38, a businessman, married to a woman with three children, son of the late Mr. Gazi Mohammad Ali, living in Abdullahpur Karergaon village under the South Keraniganj police station in Dhaka district
2. Mr. Gazi Hassan Ronny, aged 22, son of the late Mr. Gazi Mohammad Ali, living in Abdullahpur Karergaon village under the South Keraniganj police station in Dhaka district
3. Mr. Md. Alal Uddin, aged 32, a painter by profession, son of the late Mr. Chand Mian, hailed from Tangabor village under the Gafargaon police station in Mymensing district, working as a painter at the mobile phone shop of victim no.2 at the Karergaon Bazar under the South Keraniganj police station in Dhaka district
Name of alleged perpetrators:
1. Mr. Md. Abdul Halim Chowdhury, Deputy Assistant Director (No. 810350)
2. Mr. Nasim Hawladar, LS (No. 890432)
3. Mr. Md. Golam Mostakin, Assistant Sub Inspector (No. 4775)
4. Mr. Md. Babul Akter, Sepoy (No. 61532)
5. Mr. Md. Kamal Uddin, Constable (No. 7679)
All are attached to the Rapid Action Battalion (RAB)-2, Dhaka
Date of incident: 19 November 2006
Place of incidence: Abdullahpur Karergaon Bazar under the South Keraniganj police station in Dhaka district
I am writing to express my grave concern about the alleged arbitrary arrest, torture and detention of three persons in fabricated arms charges mentioned above by the police in Dhaka district, Bangladesh on November 19.
According to the information I have received, On 19 November 2006, at around 9:45 am, Mr. Gazi Piar Bokhs was sitting in their Gazi Telecom Centre, a mobile telephone shop, along with his younger brother Mr. Gazi Hassan Ronny at the Abdullahpur Karergaon Bazar under the South Keraniganj police station in Dhaka district. A microbus type ambulance with a sign of Alps Hospital (No. Dhaka Metro-BA-03-2790, was declared fake by the South Keraniganj Police) came to the place and stopped in front of the telephone shop. Four unidentified persons and Mr. Hazi Shahidullah, an enemy to Piar and Ronnys family due to land dispute and political belief, got off from the car. Two of them were wearing Lungi (a type of cloth worn by male in the lower part of the body) while the other two persons were wearing pant-shirt.
Soon as they came inside the shop the two Lungi worn persons pointed two pistols to the chests of the twin brothers, the other two persons blind folded Mr. Piar and Mr. Ronny within a while, started beating them with fists and kicked them. Mr. Md. Alal Uddin, who was painting a shop in the same market, came to the scene and asked the identities of the armed people. Then, they responded in the same manner to the brothers that they punched, kicked and blind folded him. After that they pushed the three persons inside the ambulance. By this time, the local leaders, businessmen and relatives of Mr. Piar and Mr. Ronny arrived there and tried to know the identity of the armed gang, who threatened them to shoot and left the place.
Mr. Piar and Mr. Ronnys mother Mrs. Piara Begum and sister Ms. Mahmuda Akter went to the South Keraniganj police station, informed the police about the kidnapping and asked the identity and whereabouts of the armed gang as the three kidnapped persons. The police failed to provide any information and clarification about the incident.
I have been informed that a two member police team comprising with the Second Officer of the South Keraniganj police station, Sub Inspector (SI) Mr. Badrul Alam and Constable Mr. Abdul Quddus came to the scene to verify the alleged incident of kidnapping. Mrs. Piara Begum, then, went to lodge a kidnapping case with the South Keraniganj police against Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are the rivals of Mrs. Piaras family due to land dispute and political counterparts, for their alleged involvement. The police refused to record the case and went to the scene to investigate into the alleged kidnapping.
I have learned that a large number of people blocked the Dhaka-Mawa highway demanding the rescue of two kidnapped persons and punishment of the alleged perpetrators. Finding no way, then, the police arrested Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are involved in the politics of the Bangladesh Nationalist Party (BNP). When the transportation of the Dhaka-Mawa highway was utterly disrupted due to the demonstration of the local people, then, the Assistant Superintendent of Police (ASP) of the Keraniganj Circle went to the scene and assured the mob that the police will take immediate action to rescue the kidnapped persons as well as they will punish the alleged perpetrators. Then, the mob withdrew the blockade from the road. Within a while the police released the two arrested persons, Mr. Shahidullah and Mr. Shawkat, from the police station without recording any charge against them.
By this time, the relatives of Piar and Ronny found a mobile phone on the floor of the shop; they checked the phone number: [+88]01711482206 and went to the South Keraniganj police station. Following a couple of missed calls the Officer-in-Charge (OC), Mr. Kamrul Islam, confirmed that the mobile phone belongs to an Assistant Sub Inspector (ASI) (No. 4775) Mr. Md. Golam Mostakin, who is attached to the Rapid Action Battalion (RAB)-2. The police also confirmed that the ambulance was used to kidnap the two persons with fake motor car registration number plate.
I have also learned that at around 6:00 pm, the Keraniganj police informed Piar and Ronnys family that the RAB-2 has arrested Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin. The relatives of Piar and Ronny, then, went to the RAB-2 office at 653 Baro Moghbazar in the Dhaka city. At first, the RAB-2 officials admitted that they arrested those three persons. Within a while the RAB officials started to deny it and said that they did not arrest any person whose names are Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin. The RAB personnel denied to provide any more information to the relatives and ousted them from the office.
I have been informed that at about 2:00 am, on November 20, the South Keraniganj police called on the mobile phone of Mr. Gazi Sakhawat Arif, in-laws of Piar and Ronny, and informed that the RAB-2 handed over Mr. Piar, Ronny and Alal to the police. The police also informed that a Deputy Assistant Director (DAD) of the RAB-2, Mr. Md. Abdul Halim Chowdhury, lodge a case against the three arrested persons under section 19 (A) and 19 (F) of the Arms Act.
I am aware that the First Information Report (FIR) (No. 23) lodged by the RAB-2, at 1:45 am on 20 November 2006, claims that Mr. Gazi Piar Bokhs, Mr. Gazi Hassan Ronny and Mr. Alal Uddin were arrested for their alleged possession of illegal arms; a 32 bore revolver, a bullet of the revolver, a 9 millimeter pistol with magazine loaded with two bullets. The said arms and ammunitions were handed over to the South Keraniganj police when the FIR was lodged attached with a seizure list, which was witnessed by Mr. Hazi Shahidullah, Mr. Shawkat Ali and Mr. Ataur Rahman. I am also aware that the time of seizing the arms from a drawer of Gazi Telecom Centre mentioned in the seizure list was at 11:50 am on 19 November while neither the RAB showed the so called arms to the eye witnesses were present there nor followed the particular section of the Code of Criminal Procedure to conduct the seizure list, which ultimately did not support the statement regarding seizing arms from the shop by the RAB-2 DAD Mr. Md. Abdul Halim Chowdhury.
I have also learned that the three arrested persons were remanded by the police when they were produced before the Magistrates Cognizance Court Kha Region of the Dhaka district; ; one day for Mr. Piar, three days for Mr. Ronny and Mr. Alal instead of SI Mr. Badrul Alam Talukdars prayer for seven days for each of the persons.
I have been informed that during the police remand SI Mr. Badrul and other police personnel tortured the victims in the South Keraniganj police station. The police produced Mr. Gazi Piar Bokhs before the Magistrate Court on 22 November after the one day remand. The Magistrate, Mr. Raihan Akter, ordered to send him to the Dhaka Central Jail custody without granting bail to him. The two other persons, Mr. Gazi Hassan Rony and Mr. Alal Uddin, were sent to the Court on 24 November while the Magistrate Mr. Raihan responded to the victims in the same manner as he did to the former.
I have learned that Mrs. Piara Begum, mother and, Ms. Mahmuda Akter, sister of Piar and Ronny allege that the RAB-2 personnel tortured the twin brothers and the painter Mr. Alal many times; during the arrest, on the way inside the vehicle and in the RAB-2 custody. The South Keraniganj police also tortured them during the remand. Ms. Mahmuda told that she found her brothers trembling when she went to see them at the Dhaka Central Jail where the authority did not arrange medical treatment for the injuries of the victims. She also alleges that Mr. Hazi Shahidullah and Mr. Shawkat Ali, who are the enemy of their (Mahmudas) family due to a land dispute and political reason, were shown the witnesses of the so called arms seizure from Piar and Ronny that proves that the charge was completely fabricated and a conspiracy against the family. Ms. Mahmuda also alleges that, as her family supports the Awami League politics, they were implicated in six criminal cases and a civil case with the respective police station, courts and other authorities in last five years. I am surprised to know that the police did not record a single complaint with the local police station despite their huge land was grabbed by their BNP backed opponents; Mr. Hazi Shahidullah, Mr. Shawkat Ali and others; during the last five years.
I am aware that having been refused the bail petition by the Magistrate court the victims relatives appealed to the Metropolitan Session Judges Court of Dhaka. On December 7, a Judge of the Court, during its vacation period, fixed up 4 January 2007 for the bail hearing. The family of Mr. Piar is seriously worried about the condition his health while the jail authority did not arrange medical treatment for his injuries sustained by the RAB and Police torture. Mr. Piars wife is also worried about her husband and three young children. Describing the helplessness the family members of the victims questioned that whether there is any place for such victims to get justice and protection to survive.
I am informed that the government authorities have not taken any action against the alleged perpetrators. The families of the victims are living in fear of further harassment by the police and the RAB and feeling extremely unsecured in the locality.
In light of the above, I request that you ensure a prompt, fair and thorough investigation is taken into the conduct of the RAB-2 and the South Keraniganj police regarding the alleged arbitrary arrest, torture and detention of the three persons concerned. If it is found that the alleged perpetrators committed crimes against the victims, then they must be made accountable for their actions and be indicted under section 211 of the Penal Code of Bangladesh and the victims shall be released from the fabricated charges, and Mr. Piar, Mr. Ronny and Mr. Alal must be released from the arbitrary detention. I also urge you to take action to ensure the security of the families of the victims from possible harassment and threats from the police or other law enforcement personnel while the investigation is on going. They must be adequately compensated as well including the arrangement of adequate medical treatment for the victims.
The repeated violations by the law enforcement officers in Bangladesh point out the urgent need of training and strict discipline for all police and other law enforcement agents. Without these, such abuses will no doubt continue. I am also concerned that such violations continue despite the presence of Bangladesh on the UN Human Rights Council and having been a state party of the Convention against Torture.
Therefore, I strongly urge you together with other government officials in Bangladesh to take genuine action to reform the current law enforcement system by introducing better training programmes, enforcing strict discipline and punishment for any misconduct and crimes against the ordinary citizens of Bangladesh.
I look forward to your urgent intervention in this matter.
Yours sincerely,
---------------
PLEASE SEND LETTER TO:
1. Prof. Iajuddin Ahmed
President & Chief Advisor
Government of the People's Republic of Bangladesh
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041, 7161501/A, 8311202/ 7161503/A
Fax: +880 2 9566242 or 9566593
2. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058
3. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568
4. Mr. Khoda Bokhs Chowdhury
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677
Fax: +88-02-9563362 or 9563363
5. Mr. S M Mizanur Rahman
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +880 2 8962884 (O)
6. Deputy Inspector General of Police (DIG)
Dhaka Range
Office of the DIG of Dhaka Range
Shegun Bagicha, Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 8353926 (O)
Fax: +880 2 8315838 (O)
7. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Sarir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
8. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
