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UPDATE (Bangladesh): Court granted bail to two torture victims

Urgent Appeal Update |Bangladesh | February 13, 2007

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-019-2007
ISSUES: Arbitrary arrest & detention, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that bails for two torture victims, Mr. Muzibur Rahman and Mr. Waheduzzaman, who were arbitrarily arrested, detained and tortured by the army in Khulna district, were granted by Paikgachha Upazilla Magistrate Court on 13 February 2007 (For original urgent appeals, visit: UP-015-2007; UP-011-2007; UA-367-2006; UP-232-2006). The Bail Bonds of two men were sent today to the Khulna District Jail where the two victims are currently detained. Their lawyers and local human rights groups are expecting that the two victims will be released today. This is noticeable outcome that the court granted bail to the victims, who are detained under the Special Powers Act-1974, while the state of emergency is still being enforced in Bangladesh. We thank you for your great support on this case. However, it is still possible that they would be kept in prison after getting another detention order under different emergency laws. We request you to write to the Bangladesh government to enforce the court order and ensure the release of the victims. 

UPDATED INFORMATION:

On 13 February 2007, Mr. F M A Razzak, General Secretary of the Human Rights Development Centre (HRDC) of Paikgachha, organized a group of lawyers to move the bail applications for Mr. Muzibur Rahman and Mr. Waheduzzaman before the Paikgachha Upazilla Magistrate Court.

In the court, the lawyers argued that there was no specific allegation against the two men in any police station or court of the country. They further argued that despite their innocence, both of them sustained serious injuries due to brutal torture while in army custody and, now, struggling to recover their injuries without adequate medical treatment in prison. On the basis of above mentioned discrepancies the lawyers urged the magistrate court to grant bails for the two victims considering the dire necessity of medical treatment to them. The Magistrate Mr. Md. Masudul Haque, accepted the lawyers’ request and granted bail to both the victims.

Subsqently, at around 9:30am on 14 February 2007, the Bail Bond along with the magistrate’s order was sent to the Khulna District Jail, where the two victims are currently detained. The prison is located about 60 kilometers far from the Paikgachha town. The lawyers of the victims and human rights groups hope that Mr. Muzibur and Mr. Wahed can be released from the jail without any further harassment from the authorities. However, it is still possible that they would be kept in prison after getting another detention order under different emergency laws. The two men are arbitrarily detained for 22 days.

This is a small but meaningful victory for the dedicated human rights defenders, who have gained courage to fight against the arbitrary actions and human rights violations in the situation of the state of emergency. We hope that this will encourage other human rights defenders to continue their fight for the victims of human rights abuses in the country.

At the same time, the AHRC strongly condemns the failure of the Bangladesh government to investigate about this incident and take action against the alleged army and police officers. We also urge to the Bangladesh government to provide adequate medical attention to the victims.

SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below and demand that the victims are immediately released according to the court order. Please also urge the Bangladesh government to take strong action against the alleged perpetrators.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

BANGLADESH: Court granted bail to two torture victims

Name of the victims: 
1. Mr. Muzibur Rahman, aged 40, a businessman, son of Mr. Munsop Sana, living in a house at the Court Road in the Paikgachha town under the Paikgachha police station in Khulna
2. Mr. Waheduzzaman, aged 36, a businessman, son of Mr. Nazmul Morol, living in Manot village under the Paikgachha police station in Khulna district
Alleged perpetrators: 
1. Mr. Mizanur Rahman, Major of the Bangladesh Army deployed as the Commander of the team at Paikgachha of the Khulna district
2. Mr. Tajul Islam, Warrant Officer of the Bangladesh Army deployed as the Commander of the team at Paikgachha of the Khulna district 
3. Personnel of the Bangladesh Army deployed as the Commander of the team at Paikgachha of the Khulna district 
4. Mr. Shafikul Islam, former tenant of the victim, who has a land dispute with Mr. Muzibur Rahman (the victim No. 1)
Date of the recent incident: 23 January 2007 
Place of recent incident: Army Camp temporarily established at the Lona Pani Kendra (Saline Water Fisheries Research Institute) in Paikgachha, Khulna district

I am happy to learn that Magistrate Mr. Md. Masudul Haque of the Paikgachha Upazilla Magistrate Cognizance Court has granted bails for two torture victims namely Mr. Muzibur Rahman and Mr. Waheduzzaman on 13 February 2007. It is alleged that the two men were arbitrarily arrested and tortured by the army on 23 January 2007. They were later handed over to the police and are currently detained at the Khulna District Jail.

However, I am concerned that there is possibility that the two men may receive additional detention order under emergency laws.  I therefore request you to ensure that the victims be immediately released according to the court order without any further harassment. I also request you to ensure that adequate medical treatment is provided to the victims, who sustain serious injuries due to alleged torture.

I further urge you to immediately order an impartial and thorough inquiry into the alleged arbitrary arrest and torture by the army personnel at Paikgachha of the Khulna district. Strong disciplinary and legal actions should be taken against those responsible.

I look forward to your urgent intervention in this matter. 
 
Yours sincerely,

—————

PLEASE SEND YOUR LETTERS TO:

1. Prof. Iajuddin Ahmed
President & Chief Adviser 
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. Dr. Fakhruddin Ahmed
Chief Adviser 
Government of the People’s Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka 
BANGLADESH
Tel: +88 02 8828160-79, 9888677
Fax: +88 02 8113244 or 3243 or 1015 or 1490 
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)

3. 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

4. Mr. Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

5. Lt. General Moeen U Ahmed
Chief of Army Staff
Bangladesh Army
Army Headquarters
Dhaka Cantonment 
Dhaka
BANGLADESH
Tel: +880 2 9870011
Fax: +880 2 8754455

6. Mr. Nur Mohammad
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

7. Professor 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 (ATTENTION: SPECIAL RAPPORTEUR TORTURE)

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)

Document Type : Urgent Appeal Update
Document ID : UP-019-2007
Countries : Bangladesh,
Campaigns : Attack on FMA Razzak
Issues : Arbitrary arrest & detention, Rule of law, Torture,

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