Dear friends,
In June 2006 the Asian Human Rights Commission (AHRC) informed you about the death of Mr. Sajedur Rahman Sarkar Sajid in the Gaibandha police custody by the instructions of ruling political party leaders (please see UA-190-2006). We have now received updated information regarding the incident detailing that Sajid’s family was seriously threatened and intimidated by the ruling party political leader, Mr. Hamidul Haque Sana, on July 9. Surrounded by men bearing arms, Mr. Sana asked the family not to seek a trial, or a bullet would be used to stop them. The family is now living in fear of attack. An officer of the Criminal Investigation Department (CID) is investigating this case. To date the authority has not yet taken any action against the alleged perpetrators.
On 9 July 2006, at around 8:30 am, about six armed persons led by Mr. Hamidul Haque Sana, president of the Gaibandha district of the ruling political party, the Bangladesh Nationalist Party (BNP), went to Sajid’s house. Mr. Sana called Sajid’s father, Mr. Abdur Rauf Sarkar and brother, Mr. Md. Abdul Mazed Sarkar, and said, “You are shouting too much regarding Sajid’s death”. Implying to Mazed and pointing to the guns of one of the armed persons, Mr. Sana said, “It would be a matter of only one (bullet) to stop you; do not get crazy for trial!” Mr. Sana also threatened the deceased’s father (Mr. Abdur Rauf). He said to Mr. Rauf, “You are running behind the leaders of the Nagorik (citizen) Committee. Do they have any power to save your life, if you are in danger?” Mr. Sana continued, “If you want to survive with your family and property in this town, be careful or you’re finished!” Mr. Sana along with the armed persons left the house after these threats were made saying that he and his people would monitor the movements of Mr. Abdur Rauf and his family members.
Since the threats and intimidation the deceased’s family is living in fear of probable attacks by the ruling political party as well as the police. The leaders of the local Nagorik Committee have stopped their protests following the threats by the BNP leaders.?
An officer of the Criminal Investigation Department (CID) has been assigned to investigate into the murder case. However, the authorities have not taken any further action regarding the incident during last 40 days.
ADDITIONAL COMMENT:
In Bangladesh political leaders abuse their powers in many ways, including using the police as their muscle men to suppress their political and personal opponents. As a result, the victims of such incidents have no way to get remedy. Ironically, the politicians ensure absolute impunity to the perpetrators belonging to the law enforcing agents.
The Bangladesh government has ratified the UN Convention Against Torture (CAT) but has yet to implement this. It has reserved article 14 of the CAT, which ensures medical treatment, compensation and complete redress to victims. In addition, as there is no domestic legislation to criminalise torture committed by law enforcement officials in the country, most of the perpetrators are not punished or receive only departmental disciplinary action or light punishment with charges of “maltreatment” rather than of “torture”. As far as the AHRC is aware, there has been no single case in which a victim has received compensation for torture harassment by the police.?
Beside this, there are no independent complaint mechanisms where torture victims can lodge complaints against perpetrators. As a result the police conduct inquiries into torture cases where police are also the alleged torturers. The police are normally reluctant to take action against their colleagues and in some cases they even threaten the victims to withdraw their complaints.?
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. The continuous threats and intimidations must be stopped without delay. 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 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: Sajid's family under threat from ruling political party leaders
Name of the victims (threatened): Mr. Sajid's family, 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. Hamidul Haque Sana, president of the Gaibandha district unit of the Bangladesh Nationalist Party-BNP
2. . Mr. Delwar Hossain Delu, leader of the Gaibandha district unit of the Bangladesh Nationalist Party-BNP
Date of incident: 9 July 2006
Place of incident: House of Mr. Abdur Rouf Sarkar, house # 14, Road # 1/1, V Aid Road, Munshipara, municipal area, under the Gaibandh Sadar police station in Gaibandha district
I am writing to express my fear for the safety of the family of Mr. Sajedur Rahman Sarkar Sajid, who I believe was 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 9 July 2006, at around 8:30 am, about six armed persons led by Mr. Hamidul Haque Sana, president of the Gaibandha district of the ruling political party, the Bangladesh Nationalist Party (BNP), went to Sajid's house. Mr. Sana called Sajid's father, Mr. Abdur Rauf Sarkar and brother, Mr. Md. Abdul Mazed Sarkar, and said, "You are shouting too much regarding Sajid's death". Implying to Mazed and pointing to the gun of one of the armed persons, Mr. Sana said, "It would be a matter of only one (bullet) to stop you; do not get crazy for trial!" Mr. Sana also threatened the deceased's father (Mr. Abdur Rauf). He said to Mr. Rauf, "You are running behind the leaders of the Nagorik (citizen) Committee. Do they have any power to save your life, if you are in danger?" Mr. Sana continued, "If you want to survive with your family and property in this town, be careful before the doom!" Mr. Sana along with the armed persons left the house after these threats were made saying that he and his people would monitor the movements of Mr. Abdur Rauf and his family members.
I have learned that the family of Sajid is living in fear of probable attack by the ruling political party people as well as the police. The leaders of the local Nagorik Committee have also stopped their protests following the threats made by the BNP leaders.?
I am informed that an officer of the Criminal Investigation Department (CID) has been assigned to investigate the murder case. However, I am aware that the authorities have not taken any further action regarding the incident during the last 40 days.
This is a clear example of the misuse of powers by persons, including the leaders of the ruling political party. 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. The ongoing threats and intimidations must be stopped without delay. I request you to punish the alleged perpetrators immediately. 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 further request the Bangladesh government to immediately implement the CAT Act so that torture perpetrators can be punished under the law. An independent agency where torture victims can lodge a complaint should be established and effective compensation should be introduced and strictly enforced without further delay. Only through these actions can the Bangladesh government eliminate the routine practice of torture and other crimes committed by law enforcement officers in the country.
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
2. Mr. Md. Lutfuzzaman 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. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677 (O),
Fax: +880 2 9563362 or 9563363
6. Mr. Nayeem Ahmed
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
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
