[RE: UP-183-2006: BANGLADESH: Santa’s life is under extreme threat of death now; UP-181-2006:Santas family facing harassment by the Wazirpur police in Barisal; UP-114-2006: Safety measures must be taken to ensure the lives of Shahin Sultana Santa and her husband; UP-112-2006: Court dismisses charges against alleged perpetrators; UP-101-2006: Judicial Probe Commission ignores specific complaint against the Mohammadpur police; UP-096-2006: Court orders supplementary investigation following disputed Judicial Probe Commission report; UP-083-2006: Police defy High Court order by continuing to make threats; UP-062-2006: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop; UP-058-2006: Police seriously intimidate and threaten victim, her husband and her witnesses; UA-105-2006: Pregnant woman tortured by police in Dhaka]
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BANGLADESH: Denial of justice; violation of right to fair trial; torture; fabrication of charges; constant threats and intimidation; lack of witness protection; denial of trial; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a torture victim Mrs. Shahin Sultana Santa has been deprived of the right to justice as the Chief Metropolitan Magistrate Court of Dhaka discharged her case against the alleged police perpetrators. The magistrate also rejected her appeal for a judicial probe. She had requested it, expressing that she had no confidence in the police investigation report. This is the second time the Chief Metropolitan Magistrate’s Court dismissed Santa’s case against her torture perpetrators.
According to the latest information, on 27 September 2006 Santa went to the Chief Metropolitan Magistrate’s (CMM) Court of Dhaka to attend the hearing of her case, following the submission of the investigation report by Mr. Kawsar Ahmed Haidari, the Additional Special Superintendent of Police of the Criminal Investigation Department (CID). Santa’s lawyer objected to the police investigation report saying that his client (Santa) has no confidence in it as any investigation against police officers by fellow police officers cannot be trusted.
However, at the end of the hearing, the Metropolitan Magistrate of Dhaka, Mr. Baki Billah, dismissed Santa’s case filed against her torture perpetrators, on the ground that the complaint was not proven according to the police investigation report. The Magistrate also rejected Santa’s appeal for further investigation by a judicial probe commission into her case. This is the second time of the dismissal of the case against the accused by the court in Santa’s case, although a judicial probe commission headed by Magistrate Mr. Shafik Anwar asserted that Santa was in fact tortured by the police.
The judicial probe commission did state that the police, who believed the complainant (Santa) to be a political picketer, applied excessive force which was unnecessary. The commission also said that had Santa been declared a political picketer, she should have been arrested and produced in court but that the police did not do so. Therefore their conduct in this case is a cognizable offence falling under the Bangladesh Penal Code. However, the Judge of the Fourth Special Tribunal for Women and Children Repression of Dhaka, Mrs. Kaniz Akhter Nasirina Khanam, dismissed Santa’s case against the concerned police officers on 21 May 2006. To learn more this matter, please see our appeal: UP-112-2006.
On 2 November 2006, Santa’s husband as well as her lawyer Mr. Atiur Rahman lodged a revision petition with the Metropolitan Session Judge’s Court of Dhaka challenging the order of the Chief Metropolitan Magistrate’s Court. The Judge, Mr. Momin Ullah Patwari admitted the revision petition and fixed a date for a full hearing of the case on 4 January 2007.
To briefly recap Santa’s case, Santa’ who was pregnant at that time, was severely assaulted by the Dhaka Metropolitan police in broad daylight on the street on 12 March 2006. Due to the assault, she had a miscarriage. Santa and her husband have been struggling to get justice since then. (Please also see our previous appeals on this case: UA-105-2006, UP-058-2006, UP-062-2006, UP-083-2006, UP-096-2006, UP-101-2006, UP-112-2006, UP-114-2006, UP-181-2006 and UP-183-2006).
The AHRC is extremely disappointed by the government’s long and deep silence on this matter despite repeated complaints by Santa as well as the AHRC. Meanwhile, Santa and her family have been facing constant and serious threats since they began their cases against the policemen. Dismissal of cases against torture perpetrators carries the message that the judiciary of Bangladesh has totally collapsed and corrupted and that it allows torture to be continued by awarding impunity to the perpetrators. This is in contrast with their mandate described by law.
Furthermore, the Bangladesh government has utterly failed to take any action against the alleged perpetrators and provide any protection to Santa’s family despite the order of the High Court Bench on 28 March 2006 prohibiting any intimidation or harassment to the victim and her husband. Santa and her husband’s security are at high risk and they always fear for their lives.
To see more on the collapse of the justice system in detail, please see the special report titled “Lawless law enforcement and the parody of judiciary in Bangladesh” published by the AHRC’s sister organization, the Asian Legal Recourse Centre (ALRC) in August 2006 (Article 2, Vol. 5, No. 4). Santa’s case has been also documented in this report in pages 63-67 (Case number: 17).
SUGGESTED ACTION:
Please write a letter to the relevant Bangladesh authorities listed below and urge them to intervene into this case immediately. Please urge them to take action to ensure speedy and fair trials as well as the security of Santa and her husband.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
BANGLADESH: Court dismissed Santa's another case against the policemen
Name of the victims:
1. Mrs. Shahin Sultalna Santa, wife of Mr. Atiur Rahman, living in house no. 7/A, road no. 10, Mohammadia Housing Society under the Mohammadpur police station in Dhaka
2. Mr. Atiur Rahman, a lawyer by profession, Santa's husband
Alleged perpetrators:
1. Police officers belonging to the Dhaka Metropolitan Police, who were involved in torturing Santa on 12 March 2006
2. Criminals who are believed to be hired by the alleged perpetrators to threat the victims
Case status: Court already dismissed Santa's case against her torture perpetrators twice; her cases is dragged on and on in violation of fair and speedy trial; the victims face constant and serious threats
I am extremely disappointed to learn about another court's dismissal of the case filed by the victim Santa against her alleged torture perpetrators.
According to the information I have received, on 27 September 2006 the Metropolitan Magistrate of Dhaka, Mr. Baki Billah, discharged the accused of the case filed by Santa on the ground that the complaint was not proven according to the investigation report submitted by the Additional Special Superintendent of Police of the Criminal Investigation Department (CID), Mr. Kawsar Ahmed Haidari.
I am also disturbed to learn that the magistrate further rejected Santa's appeal for a judicial prove in the case due to her lack of confidence in the police investigation report.
As far as I know, this is the second time that the court has dropped the charges against the police relating to Santa's torture case. Prior to this decision, on 21 May 2006 the Judge of the Fourth Special Tribunal for Women and Children Repression of Dhaka, Mrs. Kaniz Akhter Nasirina Khanam, dismissed the charge against the accused of the case filed by Santa.
I am shocked to know that all these court decisions against justice for the victim were made despite an assertion of a judicial probe commission headed by Magistrate Shafik Anwar that Santa was in fact tortured by the police. The probe commission did state that the police applied excessive and unnecessary force against Santa instead of following lawful procedures.
On 2 November 2006, Santas husband as well as her lawyer Mr. Atiur Rahman lodged a revision petition to challenge the order of the Chief Metropolitan Magistrates (CMM) Court with the Metropolitan Session Judge's Court of Dhaka. I was informed that the case was admitted by the Judge Momin Ullah Patwari and the date for a full case hearing was set up for 4 January 2007, two months ahead.
This illustrates how much the case is being unduly and excessively delayed in Bangladesh courts, while the victims of state violence, their family members and witnesses are facing tremendous threats and intimidation frequently from the alleged perpetrators. However, no witness protection mechanism exists in the country. I am also aware that the criminal investigation and prosecution systems remain far below the international standards and cannot meet the need of the people.
Under the circumstances, I strongly call for your urgent and affirmative intervention into this matter. Please take immediate and strong action to ensure a speedy and fair trial in Santa's case. I also urge you to ensure that effective protection is given to the victim and her husband to prevent them from further harassment and threats.
Lastly, I urge the Government of Bangladesh to reform its existing judicial system in a way to separate the judiciary from the executive. I also urge the Government to establish an independent avenue where crimes allegedly committed by state actors are fairly and properly investigated. The prosecutors' offices must also be reformed to meet the international standards as well as the dire needs of the people who are struggling for justice.
Yours sincerely,
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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. Mr. Sayed J. R. Mudassir Husain
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058
3. Mr. A.J. Mohammad Ali
Attorney General
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568
4. Mr. Khoda Bokhs Chowdhury
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054(O)/ +880 2 7176451/ +880 2 7176677
Fax: +880 2 9563362 (O)/ +880 2 9563363
5. Prof. Manfred Nowak
UN 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)
6. Ms. Yakin Erturk
UN Special Rapporteur on Violence against Women
c/o Ms. Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (Attn: Special Rapporteur on Violence against Women)
7. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
