URGENT APPEAL:Bangladesh: Farmer tortured to death when protesting the torture of his son by the police at Cox´s Bazar District

URGENT APPEAL:Bangladesh: Farmer tortured to death when protesting the torture of his son by the police at Cox´s Bazar District; [UA-BA-18.06.2008]

Dear Friends,

Global Human Rights Defence (GHRD) has received a fact finding report from the Bangladesh Institute of Human Rights (BIHR) and the Centre for Fact-Finding and Research (CHFR) regarding the brutal and fatal torture of farmer Sirajul Islam (52) of Chakaria Upazia in Cox’s Bazar District on the 14-15 May, 2008. Sirajul was tortured to death due to his attempt to hinder the police from torturing his son.

CASE DETAILS:

On 14 May, Nurul Amin (18) arrived with his father, Sirajul Islam, grandfather and some other relatives and neighbours to attend an arbitration hearing at the Chakaria thana police station. Outside of the police station, Sub Inspector (SI) Hafizur Rahman started to verbally insult and subsequently beat Nurul Amin with a baton and rifle bat, kicked him with his boots and slapped him. When Sirajul Islam protested and begged the SI to stop abusing his son, the SI also beat him with the rifle. When Sirajul was lying on the floor, he proceeded to kick him in the chest and lower belly. Meanwhile, Nurul Amin was beaten unconscious. Sirajul was taken to Chakaria hospital but the doctor referred him to Chittagong Medical College Hospital in order to receive better treatment. Sirajul died at midnight that night, during the transfer to Chittagong. The post mortem report, influenced by the police, stated that he died of ‘high blood pressure.’ In addition to this, Nurul Amin was implicated in a false case and spent one day in jail custody immediately after the torture. A murder case was filed against the perpetrators by the father of Sirajul Islam on 15 May with Chief Judicial Magistrate Court, Cox Bazar. The administration has tried to prove the charges false and also pressure the family into withdrawing the case. Furious with the death of farmer Sirajul Islam, locals started to attack the Chakaria thana police station on the morning of 15 May. The outraged locals threw bricks at policemen during the riots that continued for about 4 hours, injuring fifteen.

According to the fact findings of BIHR and CHFR, there are no doubts that Sirajul Islam died as a result of torture. The full report can be obtained from GHRD urgentappeal@ghrd.org or BIHR: bihr@bangla.net

LEGAL FRAMEWORK

The practice of torture is considered one of the most serious human rights crimes and as such it is part of jus cogens. No person, regardless whether he is a criminal or not, should be subjected to torture by law enforcement officers in any circumstances. The Constitution of Bangladesh Article 35 (5) prohibits torture. Bangladesh is also a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), since October 1998. However, by refusing to implement Article 14 of CAT, an integral part of the convention which guarantees victims the legally-enforceable right of redress, rehabilitation and compensation, the government has effectively negated its commitment to the entire treaty. The Bangladesh Government is also yet to declare its acceptance of Art. 22, a declaration that would pave the way for initiating the individual communication mechanism, allowing the Committee Against Torture to receive and consider communications from or on behalf of individuals. In sum, despite joining CAT and having a constitutional provision prohibiting torture, the Government of Bangladesh has taken no steps to criminalise torture, passed no treaty enabling legislation or amended domestic laws to give access to remedies, rehabilitation or compensation for victims. Finally, individuals who have suffered torture only have recourse to national remedies. It is well known that torture is endemic in police stations in Bangladesh and the government of Bangladesh has failed to take genuine action to prevent this brutal practice.

SUGGESTED ACTION: GHRD strongly urges the local police authorities to follow-up on the investigation of this case and to bring the perpetrators to justice. The victims must receive necessary legal assistance and adequate compensation for the damages caused. In particular, the government of Bangladesh should:

Form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of death of Sirajul Islam as well as investigate the torture of Nurul Amin and publish a report at the earliest;

Ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this gross violation of human rights;

Form an impartial expert team of forensic medicine along with judicial magistrate and re-establish the postmortem/autopsy of Sirajul Islam as well as publish this report;

Provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victim’s family;

Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;

Provide human rights education and training to the Police Inspectors and policemen who run police stations;

Remove reservation from the Art.14 of Convention Against Torture, accepting victims right to compensation;

Accept Article 22 of CAT, allowing the Committee Against Torture to receive and consider communications from or on behalf of individuals. In order to help, please print the following sample letter and send it to the relevant authorities found below.

Sample letter:

Dear ___________,

I am deeply concerned with the news received from Global Human Rights Defence (GHRD) regarding the brutal and fatal torture of farmer Sirajul Islam (52) of Chakaria Upazia in Cox’s Bazar District on the 14-15 May, 2008. Sirajul was tortured to death due to his attempt to hinder the police from torturing his son. I am told that On 14 May, Nurul Amin arrived with his father, grandfather and some other relatives and neighbours to attend an arbitration hearing at the Chakaria thana police station. Outside of the police station, Sub Inspector (SI) Hafizur Rahman started to verbally insult and subsequently beat Nurul Amin with a baton and rifle bat, kicked him with his boots and slapped him. When Sirajul Islam, the father of Nurul Amin, protested and begged the SI to stop abusing his son, the SI also beat him with the rifle. When Sirajul was lying on the floor, he proceeded to kick him in the chest and lower belly. Meanwhile, Nurul Amin was beaten unconscious. Sirajul was taken to Chakaria hospital but the doctor referred him to Chittagong Medical College Hospital in order to receive better treatment. Sirajul died at midnight that night, during the transfer to Chittagong. The post mortem report, influenced by the police, stated that he died of ‘high blood pressure.’ In addition to this, Nurul Amin was implicated in a false case and spent one day in jail custody immediately after the torture. A murder case was filed against the perpetrators by the father of Sirajul Islam on 15 May with Chief Judicial Magistrate Court, Cox Bazar, but the administration has tried to prove the charges false and also pressure the family into withdrawing the case. According to the fact findings of BIHR and CHFR, there are no doubts that Sirajul Islam died as a result of torture. LEGAL FRAMEWORK The practice of torture is considered one of the most serious human rights crimes and as such it is part of jus cogens. No person, regardless whether he is a criminal or not, should be subjected to torture by law enforcement officers in any circumstances. The Constitution of Bangladesh Article 35 (5) prohibits torture. Bangladesh is also a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), since October 1998. However, by refusing to implement Article 14 of CAT, an integral part of the convention which guarantees victims the legally-enforceable right of redress, rehabilitation and compensation, the government has effectively negated its commitment to the entire treaty. The Bangladesh Government is also yet to declare its acceptance of Art. 22, a declaration that would pave the way for initiating the individual communication mechanism, allowing the Committee Against Torture to receive and consider communications from or on behalf of individuals. In sum, despite joining CAT and having a constitutional provision prohibiting torture, the Government of Bangladesh has taken no steps to criminalise torture, passed no treaty enabling legislation or amended domestic laws to give access to remedies, rehabilitation or compensation for victims. Finally, individuals who have suffered torture only have recourse to national remedies. It is well known that torture is endemic in police stations in Bangladesh and the government of Bangladesh has failed to take genuine action to prevent this brutal practice. I therefore request you to ensure that adequate investigations are carried out to ensure that the perpetrators are punished and that the victims receive necessary legal assistance and compensation for the damages caused. In particular, the government of Bangladesh should:

Form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of death of Sirajul Islam as well as investigate the torture of Nurul Amin and publish a report at the earliest;

Ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this gross violation of human rights;

Form an impartial expert team of forensic medicine along with judicial magistrate and re-establish the postmortem/autopsy of Sirajul Islam as well as publish this report;

Provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victim’s family;

Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;

Provide human rights education and training to the Police Inspectors and policemen who run police stations;

Remove reservation from the Art.14 of Convention Against Torture, accepting victims right to compensation;

Accept Article 22 of CAT, allowing the Committee Against Torture to receive and consider communications from or on behalf of individuals. I trust that you will take immediate action on this serious matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Dr. Fakhruddin Ahmed Chief Advisor Government of the People's Republic of Bangladesh Office of the Chief Advisor Tejgaon, Dhaka BANGLADESH Tel: +880 2 8828160-79, 9888677 Fax: +880 2 8113244 or 3243 or 1015 or 1490

2. Mr. Mohammad Ruhul Amin Chief Justice Supreme Court of Bangladesh Supreme Court Building Ramna, Dhaka-1000 BANGLADESH Tel: +880 2 9562792 Fax: +880 2 9565058

3. Mr. Nur Mohammad Inspector General of Police Bangladesh Police Police Headquarters' Fulbaria, Dhaka-1000 BANGLADESH Tel: +880 2 9562054 or 7176451 or 7176677 Fax: +880 2 9563362 or 9563363

4. Barrister Fida M Kamal Attorney General of Bangladesh Office of the Attorney General Supreme Court Building Ramna, Dhaka-1000 BANGLADESH Tel: +800 2 9562868 Fax: +800 2 9561568