Thursday, April 23, 2009

CASE STUDY : Police Brutality on Mr. Abdur Razzak By the Policemen

Shahanur Islam Saikot* Introduction: Abdur Razzaque fell victim of police torture for his alleged involvement in a stealing, which he denied. Razzaque wanted to bring the perpetrator of torture under book but did not get any assistance from lawyers. But he got assistance from the BIHR to bring the perpetrator of torture under law. Biographic Information: Victim Code : 200402C Name of the Victim: : Md. Abdur Razzak Address of the Victim : Vill: Latabaria, Post: Dalvanga, P/s& dist: Borguna Torture History: Name of the Perpetrators :1.Md. Shah Newaz, Sub-Inspector, Borguna Police station; 2.Md. Yusuf Ali, Constable, Borguna police station; Name of the Conspirator : 3.Abdul Guni Hawlader, Viil: Latabaria, Post: Dalbhanga, Dist: Borguna. 4.Ms. Farida Begum, Viil: Latabaria, Post: Dalbhanga, Dist: Borguna. Date of Incident : 10 March 2004 Time of Incident : 10am to 7.00pm Place of Incident :Borguna Sadar Thana in Borguna district Method of torture : Slapping, kicking with boot, pouring hot water into nose, giving electric shock, beating with baton & rifle bat, and hanging with ceiling. Fact Details: The house of one Abdul Gani Hawlader of Latabari village in Barguna was stolen on December 22, 2003. In this connection he filed a case with Borguna Thana without specifying any name. On December 26, Sub-inspector (SI) Amal of the Thana called Razzaque to testify the stealing. Later, he was shown arrested in the stealing case. Razzaque got bail on January 4, 2004. Again Razzaque was called to the Thana on March 10 and perpetrated inhuman torture to him. Blindfolding him and tying his hands SI Shahnewaz, Constable Yusuf Ali beat him mercilessly. At one stage he was hung with the ceiling and beaten. They poured hot water into his nose and were also given electric shock. A as a result he was severely injured all around his body and one time he became senseless. With the help of a local union parishad chairman Razzaque was released from Thana. Then he admitted to Broguna General Hospital on 11 March and took treatment until March 15 of 2008. In such a condition, with the help of coordinator of Task Force against Torture of BIHR in Borguna District, Razzaque took shelter at Bangladesh Rehabilitation Centre for Trauma Victims (BRCT) on March 16 and there he took legal, physical and psychological treatment. Now he is under treatment of Prof. Jhunu Samsunnahar, Associate Professor of Deparment of Psychiatric of Bongabundhu Sheikh Mujib Medical University, Dhaka referred by BRCT. Case Filed against the Victim: Name of the Accused : Abdur Razzak Case No : G.R. 207/2003 (Bor). Section :379 (Punishment of Stealing) of penal code Name of the police station : Borguna Sadar Police Station Date of incident :22 december 2003 Date of Arrest :26 December 2003 Name of the Court :Magistrate, Cognizance Court-1, Borguna Date of Bail : 04 January 2004 Status : Stage of witness taking by the learned magistrate Court. BIHR Intervention Legal Counseling Provided to the Victim Followed by Legal Redress: BIHR lawyer provided his legal counseling for removing victim’s legal related psychological problems as police fear, case fear, court fear and jail fear. Razzak was previously involved with one false case and BIHR provided his bail as well as he released from the jail custody. He came to the BRCT clinic at 16 March 2004. BRCT’s social counselor referred him to legal counselor to provide legal counseling regarding to remove his legal related psychological problems. The legal counselor attentively hears his legal related problem as well as clearly discussed about police administration as their powers and duty, case/ court procedure, jail system and our existing law and constitutional and international conventional provision, which is, protected us from torture. The legal counselor also assured him to give legal assistance as appointing lawyer leading her previous false case as well as file case against the perpetrators. As a result of attending session, he acquired the enough knowledge about police administration as their powers and duty, case/ court procedure, jail system and our existing law, constitutional and international conventional provision as well as she felt empowered himself and totally cured from his legal related psychological problems and motivated to file case against policemen. BRCT’s fact-finding team led by TFT coordinator in borguna district conducted the fact-finding mission and submitted report as true and BIHR issued urgent action in local and International level to take proper action in this incident of human rights violation.
Filing Case against the Perpetrators With the help of BIHR, Abdur Razzaque filed a case with Chief Judicial Magistrate of Barguna on January 29, 2008 accusing four persons -- SI Shahanaqaz, constable Yusuf Ali, Abdul Gani Hawlader and his wife under section 323, 307, 109, 166, 167, 506, 500, 108 & 34 of Penal code. After taking statement from the complainant uner section 200 of Cr. P C, the learned Chief Judicial Magistrate ATM Ali Azam pleased to issue an order of enquiry of by the Executive magistrate in Borguna district. But Razzaque appealed on February 10 for inquiry by the judicial magistrate and the learned magistrate taking considering his appeal the court pleased to issue the enquiry by judicial Magistrate. Then 04 March 2008 the judicial magistrate issued notice to present before him on 16 March 2008 and the witness were taken from the complainant, eyewitnesses and alleged perpetrators in same day. Case No :MP # 85 of 2008. CR# 208 of 2008 Name of the complainant : Md. Abdur Razzak Address of the Complainant: Vill: Latabaria, Post: Dalvanga, P/s& dist: Borguna Name of the Perpetrators :
1.Md. Shah Newaz, Sub-Inspector, Borguna Police station; 2.Md. Yusuf Ali, Constable, Borguna police station; 3.Abdul Guni Hawlader, Viil: Latabaria, Post: Dalbhanga, Dist: Borguna. 4.Ms. Farida Begum, Viil: Latabaria, Post: Dalbhanga, Dist: Borguna. Name of the court : Chief Metropalitan Magistrate Court, Borguna named ATM Ali Azam Section :323(Punishment for voluntarily causing hurt)[1] 307 (Attempt to death)[2] 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment)[3] 166 Public Servant disobeying law with intent to cause injury to any person) [4] 167 (Public servant framing an incorrect document with intent to cause injury) [5] 500 (Punishment for defamation)[6]& 34 Acts done by several persons in furtherance of common intention)[7] of Penal code Date of Filing Case : 29 January, 2008 Name of the Advocate : No advocate of Borguna Bar Association agreed to conduct the case on behalf of the complainant. Court Order:
The learned judicial ATM Ali Azam Pease to issue an order of enquiry by executive magistrate named mr. Chahel Tostori in Borguna district and also directed him to submit report before 06 May 2008. Subsequent Action Taken By BIHR: 10 February 2008 Abdur Razzak filed a petition demanding enquiry by the judicial magistrate apprehending he would not get proper justice by the investigation officer executive magistrate Mr. Chahel Tostori, because of he was a police high official in his previous service period and the present two alleged perpetrators are also police official. After hearing on the petition the learned chief judicial magistrate granted it and pleased to issue an enquiry by judicial magistrate name Mehedi Al Masud. 04 March 2008 The judicial magistrate Mehedi Al Masud issued notice to the Complainant, Eyewitness & alleged perpetrators to present before him to give witness. 16 March 2008 The victim Abdur Razzak, eyewitness Mahbubul Alam Ms. Parul Begum, Md. Abdul Khalek was given witness in favaor of perpetrated torture on Mr. Abdud Razzak. On the otherhand, Alleged perpetrators Shah Newaz, Nazrul Islam, Farida Pervin, Adv. Humayun Kabir were given witness against perpetrate torture on Mr. Razzak on behalf of the alleged perpetrators. 10 April 2008 The investigation officer, judicial Magistrate Mehedi Al Masud submitted judicial report before the chief judicial magistrate court mentioning the allegation bringing up against the perpetrators Mr. Shah Newas & others has been primarily proved. It has been also recommended to take cognigence the allegation under section 323,166,506,109 & 34 of penal code as well as continuing the further procedure. 06 May 2008 The learned chief judicial magistrate compelled the hearing on the report, which has been submitted by the investigation officer, and takes the allegation cognizance under section 323,166,506 & 34 of the penal code. He also issued summon against the alleged perpetrators and directed to return summon before 11 June 2008. Latest Status: The victim settled the case by taking amount of fifty thousand taka as well as withdrawing the case that was filed by the perpetrators without informing BIHR. Challenge: The present and real situation of our country, it is difficult to file and prove a case against the police official. Because there are more and more obstacles faced by the victim to start and prove the trial due to some provision of our existing law social environment. Basically, the challenge we face to file case, continuing procedure as well as get justice are Ignorance of both victim & lawyer, political & social Pressure or in cooperation of civil society & elite person, Pressure by the perpetrator as like threatened to implicate further false & concocted cases and killing by the terrorist, narrow mentality and lack of proper knowledge about law, precedent & regulation of judges & lawyer, lack of separate investigation institution, taking illegal money by lawyer & judges, long time & expensive procedure, Witness intimidation, existing section 197 of criminal procedure code, compromising by taking money and other facility by the victim etc. We also look others obstacle like the case as the police administration itself investigates the case filed against them .So, it is very tough to prove the police men as guilty by themselves and they always procrastinate to investigate and submit it. Though they are bound to investigate or submit it but they always try to submit wrong and false report to save the perpetrators. In the interim, there had been witness and complainant intimidation by both the police and influential political leaders. Taking illegal money from the perpetrators also influenced many lawyers and also perpetrators threatened them and they refused to deal in favour of victim. In this case the victim faced more challenge during the time of to file the case against the perpetrators. At fist, the victim failed to get any legal assistance from any human rights organization or lawyer. So he failed to file case in previous time, though the incident has been perpetrated four years ego. Later, though a human rights organization provided him to all kind of legal assistance but no lawyer bar association in Borguna district agreed to conduct case on behalf of the victim. Because of the perpetrators created obstacle to file case against them. For the purpose, most of the lawyers of Borguna bar associan has been convince by the perpetrators and no advocate was agreed to conduct the case on behalf of the victim. Previous date of filing case BIHR’s TFT coordinator of Borguna district inform in this regard. But when the victim filed the case, the perpetrators were trying to compromise it by withdrawing the case that was filed against the victim as well as giving some money. They also tried to convince BIHR’s founder, executive director & programme manager. When the perpetrators failed to settle the case by giving mony as well as withdrawing case tat was filed against him, they threatened him to kill by terrorist as well as fabricating him with false and concocted case. Out put: Is this kind of case the victim will encourage to take legal step, as filing case against the police and police will also afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. Remarks: Here specially mentioned that there are a good relation with most of the advocates, journalists as well as NGOs and the perpetrators. So, they denied conducting case on behalf of the victim Mr. Abdur Razzak. Moreover, they apprehending if they conduct case against the perpetrators, the police could harass them or their family member by implicating false and fabricated cases. Though the victim has made a settlement with the perpetrators, he got some compensation as well as withdrawn the case that was filed against him. It has been helpful for the victim to come back his society with reparation. *Programme Manager-Legal & Human Rights Affairs at BRCT & BIHR [1] Whoever, except in the case provided by section 334 (Voluntary Causes hurt on provocation) Whoever voluntary causes hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to five hundred Taka, or with both, Voluntary causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand Taka or with both. [2] Whoever does any act with such intention or knowledge, under such circumstance that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein before mentioned. [3] Whoever abets any offence shall, if the act abetted is committed in consequence of abetment, and no express provision is made by this penal code for the punishment of such abetment, be punished with the punishment provided for the offence [4] Whoever being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant intending to cause or knowing it to be likely that he will by such disobedience, cause injury to any person shall be punished with simple imprisonment for a term which may extend to one year, orb with fine or with both. [5]Whoever being a public servant, and being as such public servant, charge with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby causes injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. [6] Whoever defames another shall be punished with simple imprisonment for a term, which may extend to two years, or with fine or with both. [7] When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as it were done by him alone

CASE STUDY:Police Brutality on Mr. Aminul Islam Shahin

Shahanur Islam Saikot*
Introduction: Mr. Aminul Ism Shahin, amerororias student of Cumpure science of Queens University of Dhaka and Organizing secretary of Bangladesh Student League (student wing of Bangladesh Awami League) of Barishal Upazila unit was brutally tortured by the policemen influencing by some of his rival due to protest the unholy love affairs of his uncle. He was taken physical and psychological treatment from BRCT and also legal assistance from BIHR to file case against the perpetrators. Biography Information: Name of the Victim :Aminul Islam Shahin Father name of the Victim :Late Muzaffar Gazi Present Address of the victim :Ashif Cottage, New Circular Road, P/s: Kotoali,BMP,Barishal. Permanent Address of the Victim :Vill: Pingalakathi, Post & P/s: Gaur Nadi, Dist: Barishal. Age of the victim :29 years Occupation of the Victim :Student of Seven Semester, Computer Science & Engineering Discipline, University of Queens, Dhaka. Political background of the Victim :Organizing Scecretary, Bangladesh Student League, (A Student unit of Bangladesh Awami League) Gaur nadi Thana Unit, Gaur Nadi, Barishal. Religion of the victim :Islam (Sunni) Torture History: Date of Torture :In the beginning of the day of 09 November 2007. Day of Torture :Friday Time of Torture :From 12.15 am to 1.30 am. Place of Torture :Own house (Permanent Resident) & in front of Howlader’s House (Beside his own house). Methods of Torture :Slapping, Kicking with boot, Beating with rifle bat & Baton, Verbal abuse, Threat of death as cross fire.
Name& Designation of perpetrators:
1. Monjur Morshed (Sub Inspector) 2. Nazrul Islam (Assistant Suib Inspector) 3. Md. Sumun Miah (Constable No. 1416) 4. Md. Saiful Islam (Constable No.1386) 5. Md. Mizanur Rahman(Constable No.1419) 6. Md. Nizam Uddin(Constable No.563) 7. Md. Unus Ali (Constable No.416) Above stated were on duty under Gaur Nadi Police Station PCC No. 952/07 dated 08/11/2007 at Gaor Nadi Police station.
Name of the conspirators :
1. Abu Bakker Gazi 2. Shah Alam Gazi 3. Kohinur Gazi 4. Osman Gazi 5. Sufia Begum 6. Nurul Islam Gazi & 7. Ms.Lima Above mentioned are village Pingalakathi, Post & P/s-Gaur Nadi & Dist-Barishal. Fact Details: On 09 November 2007, beginning of the day, around at 12.15 am, seven members of policemen of Gaor Nadi Thana led by SI Monjur Morshed were knocked the main door of victim Aminul Islam Shahin’s permanent resident, while he was lived there to care his old grandfather. Hearing the knocking sound, the made servant of them Ms. Ranu Begum arose from sleeping and asked their identity. But the policemen denied disclosing their identity, rather continuing to push the door forcefully. Again, she (Ms. Ranu Begum ) asked them to disclose their identity, otherwise asked them to come tomorrow. At once they introduced themselves as men of administration and forced her to open the door. But while she was disagreed with them, they broke the door, kicking by boot and storm in to the home. Then they were looking after Mr. Shahin. In this time, Mr. Shahin was sleeping in his room. Meanwhile, hearing the sound of pushing door as well as commotion, he arose from sleep and being afraid thinking about the attack of robber. To save himself from the attacked of robber, he trying to flee away with the back door of his room, but unfortunately he picked up by the policemen during he was reached in front of Hawlader House. Then the policemen grabbed him and tortured severely. They slapped him, kicked him by boot as well as beaten him by rifle bat and baton. In this time he fall down on the ground, then they kicked upon his chest with boot as well as poked by the sharpen part of the rifle all around his body. They also uttered filthy language as well as threatened him to killed by crossfire, entering the rifle pipe in to his mouth. In this time Mr. Shahin requested them not to torture by begging his life. Hearing the crying sound of Shahin, some of his neighbors arouse from the sleep & trying to ahead to save him. But the policemen prevent them by introducing themselves as policemen as well as they are picking up a thief. But Mr. Shahin introduced himself as the Son of Mr. Muzzaffar Gazi and requested them to save him from the policemen as well as he fall out of sense. Knowing Mr. Shahin, while his neighbors were come at a time and prohibited them to torture, the policemen were tried to flee away keeping him senseless. But the combined protest of the people, they admitted him the local health complex as an accident patient. But while his condition was being deteriorated, the health complex authority referred him to admit Barishal Shere Bangla Medical College Hospital on same day. Then he was admited Shere Bangla Medical College Hospital, Barishal and taken treatment from 09 November to 12 November 2007. Then he was admitted National Institute of Kidney Disease and Urology (NIKDU), Dhaka at cabin No.3/A on 13 November 2007 for better treatment in accordance to advise of authority of Shere Bangla Medical College Hospital, Barishal, where he was taken treatment till 24 November 2007. Then on 25 November 2007, he was admitted to Bangladesh Rehabilitation Centre for Trauma Victim’s (BRCT) clinic for integrated treatment and still he is under treatment at BRCT. Background History: Abu Bakker Gazi, who is the neighbor of the victim, was living an unsocial life from long days. There was an illegal relation between the conspirator Mr. Abu Bakker Gazi and Ms. Lima. The incident of illegal relation was disclosed to all people of the village during they was committing unsocial & illegal activity and the incident was also published on daily news paper in national and local level. More than one time, arbitration meeting was set up with the prominent people in that locality regarding to their unsocial activity. The victim gave statement as a witness at that meeting against them and he also protested against their unsocial activity in personal level. As a result they were aggrieved with him and seeking scope to treat the victim as revenge. So, they make a blue print to treat him by the police personnel of Gaurnadi Police station. Then they gave illegal money to SI Monzur Morshed as bribe and encouraged him to kill him. Information of coming BRCT: On 10 November 2007, the news regarding to police brutality on Aminul Islam Shahin was published on the daily bangla newspaper “the Daily Janakontha” as other newspaper in Bangla & English in national and local level. The torture news came to knowledge of founder of BRCT & BIHR Mr. Akram H. Chowdhury at 5.00 on same day. After getting the news founder of BIHR & BRCT contacted to Team Leader & Team In Charge of Lobbying Campaign & Advocacy Team of BRCT & BIHR Shahanur Islam through intercom at 5.15 pm and told him (Mr. Shahanur) to meet with him (Mr. Akram H. Chowdhury) at his residence. When he (Mr. Shahanur) met with him, he (Mr. Akram H. Chowdhury) showed the news and asked him (Mr. Shahanur) to take initiative in this regards as soon as possible. After getting direction from the founder of BRCT & BIHR, Mr. Shahanur called Mr. Kabisanker who is the personal aid of President of Bangladesh Awami League through his (Mr. Kabisanker) cell No. 01720530654 to get reach the victim Mr. Aminul Islam Shahain at 5.30 pm. But unfortunately, he (Mr. Kabisanker) was busy then and he (Mr. Kabisanker) would try to provide the contact address next day. On 11 November 2007 around at 9.30 am, Mr. Shahanur again called him (Mr. Kabisanker) and he (Mr. Kabisanker) gave the cell number of Mr. Balaram Podder, who is the former president of Bangladesh Student League of central committee and asked him (Mr. Shahanur) to Call Mr. Poddar to get detail information about the incident. At 9.55 am he (Mr. Shahanur) Reached him (Mr. Poddar) by his (Mr. Poddar) cell phone that No. 01712049327 and he (Mr. Poddar) informed that he (Mr. Poddar) had hear the news of his (Mr. Shahin) torture. Then, he (Mr. Poddar) gave the cell number of Mr. Mhabub Alam who is the acting President of Bangladesh Student League of Gaur Nadi Thana Unit, Barishal for reaching to the victim. At 10.25 am he (Mr. Shahanur) called him (Mr. Mhabub) though his cell No. 01712765177 and requested him (Mr. Mhabub) to provide details information of the victim. He (Mr. Shahanur also asked him (Mr. Mhabub) to conduct a fact –finding mission in this regards and he (Mr. Mhabub) agreed to conduct a fact-finding mission. He (Mr. Mhabub) also assured to admit Mr. Shahin at BRCT Clinic as soon as possible. But unfortunately, he was failed to conduct fact-finding mission as well as to admit the victim to BRCT. On 21 November 2007 at 10.30am, again Mr. Akram H. Chowdhury founder of BRCT & BIHR talked with Mr. Balaram Podder by his cell phone No. 01712049327. Then at 10.45 am he talked with Mr. Mahbub by his cell no. 01712765177. Thereafter he (Mr. Akram H. Chowdhury) gradually talked with Mr. Bachhu at 10.55 am and Mr. Arif at 11.10 am. At last at 12.35 am he (Mr. Akram H. Chowdhury) talked with Dr. G. M Shahidul Islam Shamim, who is the elder brother of the victim by his cell No. 01711358865 and he (Mr. Shamim) informed that Mr. Shahin was under treatment in National Institute of Kidney Disease and Urology (NIKDU), Dhaka at Cabin No.03. There after an team of BRCT & BIHR comprising Human Rights activist, Lawyer, Social worker led by Founder of BRCT & BIHR Akram H. Chowdhury visited the NIKDU at 9.35 pm on the same day and talked with the victim. They also talked with his brother and mother and assured them to bear all expenditure of his treatment as well as legal assistance. As result of visiting NIKDU by Akram H. Chowdhury, founder of BRCT & BIHR, on 25 November 2007 he (the victim) came to BRCT clinic and admitted there for his integrated treatment[1]. Legal Counseling provided to the victim followed by legal redress: BRCT lawyer provided legal counseling for removing the victim’s legal related psychological problems as police & police station fear. The legal counselor attentively heard his legal related problem and clearly discussed about police administration as their jurisdiction as well as powers and duty. He also discussed on case & court procedure, constitutional provision, existing law and international conventional provisions, which are safeguard for every citizen from torture. The legal counselor also assists him to self-empowering as well as to remove her all kind of legal related psychological problems. He strongly assured him to give legal assistance as appointing lawyer to file case against the perpetrators. As a result he (victim) agreed to file case against the perpetrators. Conducting Home Visit: BRCT conducted a home visit mission for giving psychosocial support to the victim. On 02 December 2007 at 7.05 pm, a team of BRCT & BIHR comprising Executive Director of BRCT Ms. Mahfuza Akram Chowdhury, Lawyer & Social worker led by Director General of BRCT Mr. Akram H. Chowdhury visited the home of the victim and talked with the victim. They also talked with his (victim) mother, elder sister and younger brother. He again assured them (victims family member) to bear all kind of expenditure due to his being treatment as well as to provide legal assistance. Conducting Fact-Finding & Issuing Urgent Appeal: An urgent action was issued to concern authority in National and international level by the Urgent Appeal team of BRCT & BIHR in accordance to direction of D.G. of BRCT on 11 November 2007. Then a fact-finding team comprising two members led by lawyer of the BRCT & BIHR conducted a fact-finding mission from 03 to 05 November 2007. Then on 08 December 2007, the fact-finding report was disclosed for all finding the incident as true and also recommended to form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of torture on Mr. Aminul Islam Shahin & publish the report at the earliest; to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights; to provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victims family; to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards; to provide human rights education and training to the Police Inspectors and policemen who run police stations as well as to remove reservation from the Art.14[2] of Convention against Torture. Thereafter, on 09 December 2007 follow up urgent appeal including the fact finding report was issued to the concerned authority as Chief Adviser of Bangladesh, Inspector General of Police, Deputy Inspector of General of Police of Barishal Renge, superintend of Police in Barishal district,Assistant superintend of Police of Gaour Nadi Cercal, Officer in Charge of Gaour Nadi Police station in national and to Asian Human Rights Commission (AHRC) in Hong Kong, Organization Against Torture (OMCT) in Switzerland, Amnesty International, London in England, Human Rights watch USA, Global Human Rights Defence (GHRD) in Netherland and Hotline Asia to take proper step as well as creating pressure to the government in this regard in international level. Case filing against the perpetrators: A petition case was filed against the perpetrators and conspirators before the Chief Judicial Magistrate Court, Barishal under the section of 448, 323, 324, 325, 326, 307, 341, 379, 143, 109, 506, 506-B & 34 of the penal code that No.52of 2007on behalf of the victim by the BIHR on 06 December 2007 and after taking statement from the victim ordered to form a judicial enquiry and also directed to senior judicial magistrate to submit enquiry report before 28 February 2007. Case in brief: Case No. : 52of 2007 Section : 1.448 (Punishment for house trespass)[3] 2.323 (Punishment for voluntarily causing hurt)[4] 3.324 (Voluntary Causing hurt by dangerous weapon or means)[5] 4.325 (Punishment for voluntarily causing grievous hurt)[6] 5.326 (Voluntary Causing grievous hurt by dangerous weapons or means)[7] 6.307 (Attempt to death)[8] 7.341 (Punishment for wrongful restrain)[9] 8.379 (Punishment for theft)[10] 9.143 (Punishment of unlawful assembly)[11] 10. 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment)[12] 11. 506 (Punishment for Criminal Intimation)[13] 12. 506-B (if threat be cause death or grievous heart)[14]& 13. 34 (Acts done by several persons in furtherance of common intention)[15]of the penal code Date of Filing : 06 December 2007 Name of the court : Chief Judicial Magistrate Court, Barishal Name of the complainant : G.M. Aminul Islam Shahin Number of Accused : 14 (fourteen)
Name & address of the Accused:
1. Monjur Morshed (Sub Inspector) 2. Nazrul Islam (Assistant Suib Inspector) 3. Md. Sumun Miah (Constable No. 1416) 4. Md. Saiful Islam (Constable No.1386) 5. Md. Mizanur Rahman(Constable No.1419) 6. Md. Nizam Uddin(Constable No.563) 7. Md. Unus Ali (Constable No.416) Above stated were on duty under Gaur Nadi Police Station PCC No. 952/07 dated 08/11/2007 at Gaor Nadi Police station. 8. Abu Bakker gazi 9. Shah Alam Gazi 10. Kohinur Gazi 11. Osman Gazi 12. Sufia Begum 13. Nurul Islam Gazi & 14. Ms.Lima Above mentioned are village Pingalakathi, Post & P/s-Gaur Nadi & Dist-Barishal. Order of the Court: The learned chief judicial magistrate Moyeen Uddin Islam pleased to issue a judicial enquiry and he also directed to senior judicial magistrate of Barishal to submit the report before 28 February 2008. December 11, 2007: The learned senior judicial magistrate Mr. Almach Hossain Mridha has fixed up the date of taking witness on behalf of the victim on 24 January.2008 and issued notice to the complainant as well as witness for present before the court on that day. January 24, 2008: The learned senior judicial magistrate Mr. Almach Hossain Mridha completed the taking witness on behalf of the victim. May 05, 2008: The learned senior judicial magistrate Mr. Almach Hossain Mridha submitted the report before the additional chief judicial magistrate Mr. Khademul Quayes and the ad.CJM fix up the date for hearing on the report coming 25 June 2008. Obstacles Faced: In the real and present situation of our country it is difficult to file and prove a case against the police. Because there has been faced many obstacles to start and prove the trial due to some provision of our existing law. The case that is continuing till now has been faced more obstacle to come this stage that we see given bellow: Legal Harassment: We see when we try to file the case before the court, always it deny to take it showing the mandatory section 132(Protection against prosecution for acts done under Chapter ix of Criminal Proceeding Code regarding unlawful assemblies)[16] & 197(Prosecution of judges and public servants)[17] (Power of government as to prosecution)[18] of the Criminal Procedure Code which stated the regarding to take pre-sanction from the gov’t to bring allegation against the government servant before the court. Lengthy and expensive court proceeding is also creating obstacle to get justice. Problem during filing case: We see the obstacle has been begun from the initial stage of filling case. When the victim tried to file allegation against the police to the concern police station, the responsible officer denied accepting it. Ignorance of the victim & Lawyer: Most of the victim and lawyer do not know that it ‘s possible to file case against perpetrators (member of law enforcing agency). Some of the lawyer heard about possibility to file case against the perpetrators but they had no practical experience. Though some of the victim trying to file case against perpetrators but they failed for the lack of assist of lawyer. Convincing stage: The police had tried to mediate the case and they started pressuring him when he did not agree and they also tried to give him bribe. Witness intimidation: There has been witness and plaintiff intimidation by both the police and influential political leaders. Taking illegal money from the perpetrators some times some of the lawyers are being influence and also perpetrators threat them and they refuse to deal in favour of victim. Beside this, it is very tough to collect evidence against policemen. Out put of legal intervention: In this kind of case the victim will be empowered and also encouraged to take legal step as well as filing case against the police and police will also afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. As a result torture will be reduced and we could make Bangladesh free from torture. Observation of BIHR filing case against Perpetrators: The victims was feel hesitation whether the possibility of filing case against the perpetrators. But after providing legal counselling and visiting his home by DG he got decision to file case. No lawyer of the Barishal bar association was known that it is possible to file case against police. They thought taking pre-sanction from the from the government is must essential for filing case against the perpetrators in accordance to section 197[19] of Cr. Pc. But after informing them about the high court ruling[20] and other precedent regarding to section 197 of Cr. Pc as well as filing case against police they agreed to file case. The learned Magistrate was positive in this regard. He red the complaint for a long time and also heard the argument of lawyer regarding to issue judiciary enquiry with a long time patiently. He gave emphasis on paper clipping regarding to news of torture on the victim. He also emphasized on a large number of senior lawyers, who were argued on demanding judiciary enquiry. The electric and Press media was silence regarding to publish the news of filing case against policemen in national level. Though we sent press release to all the beuro office of electronic and print media at Barishal division and also pursued personally and they promised to publish it at their media but no media has publish it in national level excepting the daily Karatoa and Somakal. Out put: By filing case against the police the victim will be empowered and police will feel afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. *Programme Manager-Legal & Human Rights Affair, BIHR & BRCT
[1] What Is IRA? IRA is a holistic rehabilitation package that takes a multidisciplinary approach (health, legal, economical and social support) to reintegrate the state sponsored TS at his community including reparation of the torture victims and prevention of torture. It is reintegration of the victim in his community at his/ her previous condition through providing physical, mental, legal and social intervention including reparation of the torture victims and prevention of torture. Minimum Step to be taken in IRA vDetermine the fact through FF including press coverage. vThrough physical examination and treatment. vAssessment of mental health problems and psychological intervention. vIdentification of legal problems and legal counseling and support. vFinding out the social crisis and intervention through HV, building resources , dialogue meeting, press conference, lobbying, campaign, UA and integration to the VA for compensation and reparation. vPrevention through rehabilitation by integration to the VA for compensation and reparation. [2] 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation, which may exist under national law. [3] Whoever commits hose trespass shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend one thousand take, or with both. [4] Whoever, except in the case provided by section 334 (Voluntary Causes hurt on provocation) Whoever voluntary causes hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to five hundred Taka, or with both, Voluntary causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand Taka or with both. [5] Whoever, except in the case provided for by section 334 (Voluntary causing hurt on provocation) voluntary causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison of any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may be extend to three years, or with fine, or with both [6] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) Whoever voluntary causes grievous hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause grievous hurt to any person other that the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or fine which may extend to two thousand Taka, or with both, voluntary causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. . [7] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) voluntary causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may be extend to ten years, and shall also be liable to fine. [8] Whoever does any act with such intention or knowledge, under such circumstance that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein before mentioned. [9] Whoever wrongful restrains any person, shall be punished with simple imprisonment for a term, which may extend to one month, or with fine, which may extend to five hundred taka or with both. [10] Whoever commits theft shall be punished with imprisonment of either description for a term, which may extend to three years, or with fine, or with both. [11] Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term, which may extend to six months, or with fine, or with both. [12] Whoever abets any offence shall, if the act abetted is committed in consequence of abetment, and no express provision is made by this penal code for the punishment of such abetment, be punished with the punishment provided for the offence [13] Whoever, commits the offence of criminal intimidation shall be punish with imprisonment of either description for e term which may extended to two years, or with fine, or with both. [14] If threat be cause death or grievous heart, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for a term which may extend to seven years, or to impute unchastely to a woman shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. [15] When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as it were done by him alone. [16] No prosecution against any person any act purporting to be done under regarding the unlawful assemblies of Criminal procedure code shall be instituted in any criminal court, except with the pre sanction of the government: and- (a) no Magistrate or police –officer acting under this chapter in good faith , (b) no officer acting under section 131 in good faith, (c) no person doing any act in good faith ,in compliance with a requisition under section 128 or 130 and (d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he bound to obey, shall be deemed to have thereby committed an offence: Provided that no such prosecution shall be instituted in any criminal Court against any officer or soldier in Bangladesh Army/except with the sanction of the Government. [17] When any person who is judge within the meaning of section 19 of the penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty, no court shall take cognizance of such offence except with the previous sanction of the government [18] The Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such judge, magistrate or public servant is to be conducted, and may specify the court before the which the trial is to held. [19] See-Foote note 17 & 18 [20] Regarding to section 197 of the criminal procedure code, at the case of Rokea Begum Vs Shafikur Rahman, reported on 2 B.C.R page no. 04, the High Court Division of Supreme Court has issued the following rule: “No sanction under section 197 of Criminal Procedure Code is necessary for taking cognizance of the offence alleged in the case, even if the police officer and police constable involved committed the offence while setting or purporting to act in the discharge of official duty. Protection of section 197 of Cr. P.C is available to accused police officials as is available to other public servants”. (Ref: 3 D.L.R I PO, 2 BCR 369).

Thursday, April 16, 2009

FACT FINDING REPORT: A Prominent Human Rights Defender in Bangladesh Has Been Intimidated by DGFI Field Officer.

Date: April 16, 2009 Fact Finding Case: BIHR-HRD-03-09
Bangladesh Institute of Human Rights has been conducted a fact finding mission by its high level team from April 13 to 15, 2009 regarding to intimidation of Mr. Shahanur Islam Secretary General and Executive Director of the Bangladesh Centre for Human Rights and Development (BCHRD), Coordinator of Centre for Human Rights Fact Finding & Research (CHFR), Programme Manager of Legal and Human Rights Affairs at the Bangladesh Institute of Human Rights (BIHR) and Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District by the Filed Officer of (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI), while he was waiting for speaking with Media men after filing a petition case on charging attempt to murder by torturing with the Chief Metropolitan Magistrate Court (CMM) Dhaka against three men including a Major of Army. According to the information received, there was no action taken by the police authorities. BIOGRAPHIIN INFORMATION: Name of the Victim : Mr. Shahanur Islam, Secretary General and Executive Director of the Bangladesh Centre for Human Rights and Development (BCHRD), Coordinator of Centre for Human Rights Fact Finding & Research (CHFR), Programme Manager of Legal and Human Rights Affairs at the Bangladesh Institute of Human Rights (BIHR) and Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District. During the time of his duties, he moved many cases against the perpetrators as a lawyer and some of them have been punished. He also conducted many investigations and fact-finding missions on human rights violations as well as issued local and international urgent appeals requesting attention to concerned authorities. Name of the Perpetrators : Mr. Owali Ullah, Field Officer (Sub Inspector Level Official), Directorate General Forces of Intelligence (DGFI). Date of Incident : April 13 & 14, 2009 Place of Intimidation : In front of Court Reporters Unity Office, Judge Court, Dhaka & By cell Phone. FACT DETAILS: On April 13, 2009 Mr. Shahanur Islam was intimidated by a filed officer of (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI), named Owali Ullah, while he was waiting for speaking with Media men after filing a petition case on charging attempt to murder by torturing with the Chief Metropolitan Magistrate Court (CMM) Dhaka against three men including a Major of Army named Sarwar of 17, East Bengle Regiment, Dhaka by the prominent manpower businessman Md. Samsuddin Ahmed with the help of Bangladesh Institute of Human Rights (BIHR) and the case was moved before the court by Adv. Shahanur Islam, Programme Manager-Legal & Human Rights of BIHR After filing the case when Mr. Shahanur Islam came out from the CMM court, an officer of law enforcing agencies with plain cloth followed him until Mr. Islam was reached in front the office room of Court Reporters Unity, Judge Court, Dhaka, where the plain clothing unknown person asked him about the case that was filed against the Army Major. When Mr. Islam asked him to disclose his identity, he introduced himself as Mr. Owalur Rahman, a Field Officer (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI). Then DGFI officer interrogated him regarding the case. During interrogation, he asked Mr. Islam “why he moved the case on behalf the complainant? How he was connected with the case? What is the relation between the complainant and Mr. Islam? What is the interested of Mr. Islam in this case? How was he being confirmed about the identity of alleged Army Officer? Whether Mr.Islam has legal authority to file the case against the Army Officer? How long he was connected with the organization? Who is the chief of the organization etc? Mr. Islam replied every query in simply language with cordially. But the DGFI personnel alarmed him that he would intervene the matter, if he found the incident is false, he would take step against both of the complainant and Mr. Islam. He also collected a copy of complaint and intimidated Mr. Islam not to give any statement to the media or others regarding the case due to case was filed against the Army Major. The news of filing case against three men including an Army Major by the businessman in Dhaka was covered with significant by most of the electronic and print media in Bangladesh including BBC world, Channel-I, Digonto TV, the Daily Star, New Nation, New Age, Independent, Jugantor, Jono Kontho, Korotoa with the statement of Mr. Islam on April 13 and 14 of 2009.Please visit the following links to know about the case:

http://www.thedailystar.net/newDesign/news-details.php?nid=84105, http://www.karatoa.net/detailsnews.php?headlineID=6997&pageTitle=HeadlineDetails&editionID=287&ref=index.php, http://www.amadershomoy.com/content/2009/04/14/news0352.htm, http://www.theindependent-bd.com/details.php?nid=122265, http://www.bdnews24.com/details.php?id=81372&cid=2&aoth=1

On April 14, 2009, an unknown phone call has come to Mr. Islam’s cell phone Number 01720308080 from Cell Phone Number 01814653119. Receiving the call while Mr. Islam asked his identity, the caller introduced him as Mr. Owali Ullah, Field officer of DGFI and also told that he was met with Mr. Islam following day. Then he told with shouting to Mr. Islam that why he did not follow his prohibition regarding to give statement to the media? He again told with angry that he did not reach Major Sarwar at 17, East Bengle Regiment and ordered Mr. Islam to find out the alleged Major Sarwar, otherwise he would face more suffering. He also used rough language at that time. BACKGROUND: Mr. Islam has had his life threatened on previous occasions. On March 18, 2009 around at 11.15 a.m. when Mr. Shahanur Islam Saikot was working at Bangladesh Institution Human Rights at 27, Bijoy Nagar, Dhaka-1000, he received a call from a person; the cell phone number was displayed as 01937690054. Mr. Islam asked the caller to identify himself. The caller did so only as Billu and starting to verbally abuse him. In response Mr. Islam inquired as to the reason of the call and the purpose of the vulgar language. Billu replied by threatening to kill Mr. Islam On March 19, 2009 Mr. Shahanur again received call from the same phone Number. Once again the caller identified himself as Billu and begun to verbally abuse him and threatened him to kill immediately. He also warned him to take mental preparation about his death. The phone call deeply disturbed and frightened Mr. Islam who in response immediately filed a General Diary at the Peltan Police Station of DMP (Paltan Police Station G. D. No-1409; Dated: 19.03.2009). In it he made a statement about the two threats he received over the phone.

You are requested to visit the following links to know more about case previous fact finding report: http://bihr-bihr.blogspot.com/2009/03/fact-finding-report-prominent-human.html

On February 28th, 2009 at 11.28 a.m., while Mr. Shahanur Islam Saikot was working at his desk at the Bangladesh Institute of Human Rights, (BIHR) he received a phone call. Mr. Islam asked the caller to identify himself. The caller did so only as Pintu and starting to verbally abuse him. In response Mr. Islam inquired as to the reason of the call and the purpose of the vulgar language. Pintu replied by threatening to murder Mr. Islam by way of a gun shot to the head. Mr. Islam received a second phone call at 11.32 a.m. Once again the caller identified himself at Pintu and begun to verbally abuse him. This time, the caller stated that not only does he intend to murder him, but that he intends to do so that same day. The phone conversation ended with Pintu advising Mr. Islam to mentally prepare for his impending death. The phone call deeply disturbed and frightened Mr. Islam who in response immediately filed a General Diary at the Paltan Police Station of DMP (No-2281). In it he made a statement about the two threats he received over the phone. On March 01st, 2009 at 9.52 a.m., Pintu called Mr. Islam again and restated his threat to murder, this time claiming he would do so immediately.You are requested to visit the following links to know more about case previous fact finding report: http://bihr-bihr.blogspot.com/2009/03/fact-finding-reporta-prominent-human_7556.html On August 29th, 2008 at 10.17 p.m. he was working at his desk at the Bangladesh Institute of Human Rights office, when an unidentified person called him. The caller demanded to know Mr. Islam’s identity and location. For personal security reasons Mr. Islam declined answering the caller’s inquiries and instead demanded the same information from the caller. This angered the caller who replied by stating that he could not disclose his identity at the moment. He did, however, state that he is a higher authority of law enforcing agencies. The caller further said that he would disclose his identity and punish Mr. Islam at the earliest possible time. Following these statements, the caller continued on by stating that he knows who Mr. Islam is but does not know his residential address. He further threatened Mr. Islam by claiming that he would come to his home and subject him to punishment. The caller ended the conversation by stating that Mr. Islam would be facing more suffering soon. Following the incident Mr. Islam filed General Diary at the Paltan Police Station in DMP (No-2014).

You are requested to visit the following links to know more about case previous fact finding report: http://bihr-bihr.blogspot.com/2008/09/v-behaviorurldefaultvml-o.html

On 06 February 2008, while he was working at his desk at the Bangladesh Institute of Human Rights office. An unidentified person called him and When Mr. Islam demanded to disclose his identity, he identified him as a higher official of a medicine company and ordered him to come at Nayatola, Dhaka to meet with him. But when Mr. Islam refused to do that the caller demeaned to know his present location. But due to his personal security when Mr. Islam refused to disclosed his location, the caller threatened to kill him using foul language. He said that where Mr. Islam will live; he will find out him and finished him from the world asap. When Mr. Islam asked him about this type of behavior he replied that Mr. Islam had caught some adultery medicine with him and handed over him to the concerned police station. Now he released from the jail and wanted to punish Mr. Islam. He also said that he would file case against Mr. Islam to sentence him jail and if he can not do that he will finished him from the world by kill him. Following the incident Mr. Islam filed General Diary at the Paltan Police Station in DMP that No-493.

You are requested to visit the following links to know more about case previous fact finding report: http://bihr-bihr.blogspot.com/2009/07/fact-finding-reporthuman-rights.html

BIHR FINDINGS: This is not any isolated instance of such threats on journalists or human rights defenders in Bangladesh. It is a very common phenomenon for the professionals like journalists and human rights defenders of Bangladesh facing death threats from the law-enforcing agencies and security forces. It is well-known that Bangladesh has cultivated one of the best cultures of impunity to alleged perpetrators of human rights abuses despite the nation’s presence in the UN Human Rights Council since May 2006. Instead of improving the country’s human rights records the government of Bangladesh has paved the ways to degrade the rights of the citizens through various means of violations. RECOMMENDATIONS: i. take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Shahanur Islam; ii. order a prompt, effective, thorough, independent and impartial investigation into the above-mentioned death threats, the result of which must be made public, in order to identify all those responsible, bring them before a competent, independent and impartial tribunal and apply to them the penal sanctions provided by the law; iii. put an end to all acts of harassment against Mr. Shahanur Islam as well as against all human rights defenders in Bangladesh; iv. ccomply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”; v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Bangladesh. Thank You Adv. Nazmul H. S. Chowdhury Executive Director Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, B-17, Dhaka-1000, Bangladesh Email: bihr@bangla.net,www.bihr-bihr.blogspot.com

Wednesday, April 15, 2009

NEWS: A Businessman in Dhaka Sues against Joint Forces Man with the Legal Help of Bangladesh Institute of Human Rights (BIHR)

A businessman, who was brutally tortured by the joint forces during the period of caretaker government, filed a case against Mejor Sarwar, who was under duty of 17, East Bengle Regiment, Dhaka and other two civilians his cousin Saiful Islam and the latter’s associate Abdus Samad, on charge of attempt to murder by torturing him during the emergency regime with the Chief Metropolitan Magistrate Court, Dhaka under section 323, 324, 325, 326, 307, 506, 109 and 34 on April 13, 2009 with the legal help the human rights organization “Bangladesh Institute of Human Rights (BIHR)”. Md. Samsuddin Ahmed, proprietor of M/S Samsuddin Overseas in his complaint stated that, on July 26 2007, around at 1.30 p.m. a team comprising six members of army led by Maj. Sarwar who was on plain clothes along with Abdus samad and Saiful went to his office, 64/4, Naya Paltan, Dhaka and beat him mercilessly while he was doing his regular business job. Then, he was picked up and took him to the temporary camp of joint forces at Paltan Community Centre and again he was brutally tortured there by kicking with boot, slapping, beating with iron road, baton without any reason. As he was fainted because of the torture, he was first admitted to the Rajarbagh Police Line Hospital and later shifted to Dhaka Medical College Hospital ward no. 30 when his condition deteriorated on the same date at around 8.00 pm. The joint forces later handed Shamsuddin over to the Paltan Police to show him arrested in a fraud case filed with the police station that Paltan Police station case No. 61/2007 by Saiful on July 26, 2007. Then he was appeared before the Chief Metropolitan Magistrate Court, Dhaka On July 30, 2007 and he was sent to the jail custody. On August 05, 2009, Mr. Samsuddin Ahmed was released by bail. On February 2, 2008, Shamsuddin was acquitted by metropolitan magistrate Golam Rabbani of the fraud charges after investigation officer Ikramul Haque, sub-inspector of the Paltan police station, had submitted the final report in the case. The complaint also mentioned that Mr. Samsuddin Ahmed was not filed the case against the army official that time due to the state of emergency was in force fearing more torture as well as refusing to take the case by Paltan Police Station. It also stated that as withdrawn the state of emergency, a new democratic government has been established, so he is filing the case out of fear demanding to bring the culprits before justice. After the hearing, the learned Metropolitan Magistrate Kanika Biswas recorded the statement of complainant, took it into cognizance and passed the order to Deputy Commissioner of Detective Branch (DC-DB), Dhaka to investigate the allegation and also directed to submit the investigation report by July 21, 2009. Adv. Shahanur Islam Saikot, Programme Manager of Legal and Human Rights Affairs at Bangladesh Institute of Human Rights (BIHR) and Adv. Mohammad Alamgir, Vice President of moved the case on behalf of the complainant. Mr. Samsuddin Ahmed.

Tuesday, April 14, 2009

"Death threats against Mr. Shahanur Islam Saikot

23.03.2009 - Source:World Organisation Against Torture "Death threats against Mr. Shahanur Islam Saikot [BGD 001 / 0309 / OBS 051]" Human rights activist Shahanur Islam Saikot receives death threats [ID 117294] Document(s): Open document

NEWS: Torture During Emergency: Army officer, 2 others sued

The Daily Star: Tuesday, April 14, 2009 Torture During Emergency: Army officer, 2 others sued Court Correspondent An attempted murder case was filed yesterday against an army major and two others with the Chief Metropolitan Magistrate's (CMM) Court of Dhaka. Mohammad Shamsuddin Ahmed, proprietor of M/S Shahmsuddin Overseas, filed the case against the three on charges of attempting to murder him in their custody during the state of emergency in 2007. This is the first time a case has been filed against an army officer for torturing in custody. After the hearing, Metropolitan Magistrate Kanika Biswas recorded the statement of complainant, took it into cognisance and did not pass any order on the issue. The accused in the case are Major Sarwar and two civilians Abdus Samad and Md Saiful Islam. In his complaint, Shamsuddin mentioned that Maj Sarwar, Samad and Saiful picked him up from his Nayapaltan office on July 26 in 2007 and took him to the temporary army camp at Paltan Community Centre where they tortured him mercilessly without any reason. The plaintiff alleged that he lost his sense after the torture and was shifted to Dhaka Medical College Hospital (DMCH) for treatment as his condition was deteriorating. Later, he was shown arrested in a criminal case filed with Paltan Police Station on July 26, 2007 even though his name was not in the first information report (FIR). He was released on bail on August 6, 2007. Moreover, the investigation officer submitted a final report saying that the charges brought against him (plaintiff) were not proved, complainant said. Adv. Shahanur Islam Saikot, Programme manager of Legal & Human Rights affairs at Bangladesh Institute of Human Rights moved the case on behalf of the complainant.

NEWS:Businessman sues army major for torture during emergency

The Daily Janakontha, Date: April 14, 2009

NEWS:Businessman sues army major for torture during emergency

The Daily Karatoa, Date: April 14, 2009

NEWS:Businessman sues army major for torture during emergency

Amader Shomoy, Date: April 14, 2009

NEWS: Businessman sues joint forces men over 'torture'

Businessman sues joint forces men over 'torture' The Independent, Date: April 14, 2009 A businessman, who said he was tortured by the joint forces during the caretaker government's rule, filed a case yesterday against Major Sarwar and two others. Md Shamsuddin Ahmed filed the case with the Chief Metropolitan Magistrate's Court at around 10:30am. According to case details, on July 26, 2007 Maj Sarwar along with six to seven other members of the joint forces in plainclothes went to Shamsuddin's Naya Paltan office and beat him up. He said they took him to a joint force's makeshift camp at Paltan Community Centre and further tortured him there. Shamsuddin was first admitted to Rajarbagh Police Line Hospital. As his condition worsened he was later taken to Dhaka Medical College Hospital. The case was not filed that time due to the state of emergency, Shamsuddin said. Human-rights organisation Bangladesh Institute of Human Rights's lawyer Shahnur Islam Saikot assisted the plaintiff in filing the case.

NEWS: Businessman sues joint forces men over 'torture'

Businessman sues joint forces men over 'torture'
bdnews24.com: Mon, Apr 13th, 2009 1:10 pm BdST
Dhaka, Apr 13 (bdnews24.com) – A businessman, who said he was tortured by the joint forces during the caretaker government's rule, filed a case Monday against Major Sarwar and two others.
Md Shamsuddin Ahmed filed the case with the Chief Metropolitan Magistrate's Court at around 10:30am.
According to case details, on July 26, 2007 Maj Sarwar along with six to seven other members of the joint forces in plainclothes went to Shamsuddin's Naya Paltan office and beat him.
He said they took him to a joint force's makeshift camp at Paltan Community Centre and further tortured him there.
Shamsuddin was first admitted to Rajarbagh Police Line Hospital. As his condition worsened he was later taken to Dhaka Medical College Hospital.
The case was not filed that time due to the state of emergency, Shamsuddin said.
Human-rights organisation Bangladesh Institute of Human Rights's lawyer Shahnur Islam Saikot assisted the plaintiff in filing the case.
bdnews24.com/pb/ff/su/bd/1246h.
WARNING: Any unauthorised use or reproduction of bdnews24.com content for commercial purposes is strictly prohibited and constitutes copyright infringement liable to legal action.

NEWS:Businessman sues army major for torture during emergency

New Age; Date: April 15, 2009
Staff Correspondent A manpower trader on Monday sued major Sarwar, an army officer, his cousin Saiful Islam and the latter’s associate Abdus Samad, on charge of torturing him during the emergency regime. The businessman, Shamsuddin Ahmed, filed the case with Dhaka chief metropolitan magistrate’s court. Shamsuddin in his complaint stated that a team of joint forces in plainclothes and led by major Sarwar, along with Saiful and Samad, had raided his Naya Paltan office on July 26, 2007 and beaten him up mercilessly. They took him to a makeshift camp of the joint forces at the Paltan Community Centre and tortured him again there. ‘As I fainted because of the torture, I was first admitted to the Rajarbagh Police Line Hospital and shifted to Dhaka Medical College Hospital when my condition deteriorated,’ Shamsuddin told the magistrate. The joint forces later handed Shamsuddin over to the Paltan Police to show him arrested in a fraud case filed with the police station by Saiful on July 26, 2007. Shamsuddin was released on bail on August 6, 2007. On February 2, 2008, Shamsuddin was acquitted by metropolitan magistrate Golam Rabbani of the fraud charges after investigation officer Ikramul Haque, sub-inspector of the Paltan police station, had submitted the final report in the case, Shamsuddin said. Explaining the delay in filing the case, Shamsuddin told the court, ‘I could not file the case against the army officer when a state of emergency was in force fearing more torture.’
Human Rights lawyer Shahnur Islam Saikot, on behalf of the Bangladesh Institute of Human Rights (BIHR), appeared for Shamsuddin.

Thursday, April 9, 2009

CASE STUDY:Police Brutality on Mr. Abu Abbas Bhuiyan

Adv. Shahanur Islam Saikot* Introduction: Abu Abbas Bhuiyan, student of Dhaka university and also Secretary of Mass Education affairs in Central Committe of Bangladesh student league was victimized in torture by the police official directing by the ruling party (then state minister for home affairs) due to his activities as a central leader of Bangladesh Student League as well as implicated false and fabricate cases. Discharging from the allegation that was bring up against him as well as got cure, he was filed case against the policeme /Perpetrators in Chief Metropalitan Magistrate Court, Dhaka that No. P- 1185 of 2008 on 05 March 2008 under section of 323/324/325/326/306506/109/34 of the Penal Code with the assistance of Bangladesh Institute of Human Rights (BIHR). Biographic Information: Victim Code : 2007.11.G Victims Name : Abu Abbas Bhuiyan (29) Father’s Name : Late Abdul Ahad Bhuiyan Permanent Address : Nabinagar, Brammanbaria At present : 506, Sir A F Rahman Hall, University of Dhaka Occupation : Student of Masters (last year), Department of Political
Science, University of Dhaka Political involvement : Secretary of Mass Education Affairs, Bangladesh Student
League, Central Executive Committee, Dhaka. Torture History: Perpetrators Name : i. Mahbubur Rahman, Officer In Charge, Ramna Police station
DMP, Dhaka ii. Rezaul Karim, Sub Inspector, Ramna Police station, DMP,
Dhaka iii. Naser Ali, Sub inspector, Ramna Police station, DMP, Dhaka iv. Sergeant Anower Hossain, in charge, Nilkhet Police camp, DMP
Dhaka v. Lutfuzzaman Babor, Former State Minister of Home
The people Republic of Bangladesh Government. Date& Time of Incident : Since 28 February 2004 at around 12.00 pm to 03 March 2004
at around 2.00pm. Place of Incident : Custody of Ramna Police Station Methods of Torture : Slapping, Kicking with boot, Hanging with ceiling, Beating with
baton & hockey stick, Electric shocking, Threatening to kill by
crossfire as well as using filthy language etc. Fact Details: A gang of miscreants attacked Prof Humayun Azad in front of Bangla Academy when he was on his way back home on February 27, 2004 leaving him seriously injured. A procession protesting the attack on Azad was brought out by the general students of Dhaka university on the DU campus the next day on 28 February 2004. Mr. Abu Abbas Bhuiyan, Joint secretary of Bangladesh Student League of Sir. A.F. Rahman Hall of Dhaka University was one of the participants of that procession. While the procession was reached at in front of Central Shaid Minar, policemen attacked on the procession and arrested some of the student along with Mr. Abbas detained him in Ramna Police Station. The then OC of the police station Mahbubur Rahman, in consultation with Babar, decided to show Abbas arrested in the case filed for making an attempt on Prof Humayun Azad's life. But when Mr. Abbas denied his involvement as culprit, the officer in charge of Ramana Police station (That Time’s) starting to beat him along with other police officials. They Slapped, Kicked with boot, hang with ceiling, beat with baton & hockey stick, used electric shock, threatening to kill by crossfire and also used filthy language to him. They again and again pressured him to confess that he was one of the culprit who were attacked upon Mr. Abbas and he was committed that according to direction of the central leader of Bangladesh Student League. But when the police officials failed to confess him they increased the atrocity upon him. They covered his head with black cloth and hag him with ceiling. They beat him with baton and hockey stick. As a result of their tortured when he was senseless and bleeding was beginning with his nose and mouth they stopped their atrocity and lied down on the floor. In this time his two fingers of left hand were broken. Later on 29 February 2004 he was placed on a five-day remand by the learned Metropolitan Magistrate court, Dhaka without appearing him before the court and again tortured him brutally and inhumanely. During the remand, Mahbub along with other three policemen put pressure on Abbas to give confessional statement admitting that he had attacked Prof Azad. He was asked to spell out the names of several BCL leaders as the attackers. Failing to get confessional statement from Abbas, they tortured him inhumanely. The OC said that if he (Abbas) implicated the leader of Bangladesh student league with that offense, he (Abbas) would be released as state witness. But when he dinned commit their all conspiracy activity they increased intensity of torture and continuing it unsystematically in time to time. They also gave electric shock on his body. The OC and Rezaul also threatened him to kill in 'crossfire' if he denied doing so. As a result of their atrocity when his condition was being deteriorated, on 03 Marche2004 he was taken to the Dhaka Medical College Hospital. But unfortunately he was proceed to the learned Metropolitan Magistrate Court without giving treatment and the learned court send him to jail custody and the jail authority admitted him at jail Hospital and he was under jail hospital till14 March 2004. He has become permanently disabled due to inhumane torture by the accused policemen. According to direction of the then state minister of home affairs, the policemen tortured him inhumanely leaving him permanently disabled. In the mean time, the general students of Dhaka University called Student Strike as well as procession, meetings demanding the release of Mr. Abbas. At last the learned Magistrate granted his bail on 14 March 2004 one the time of demonstration by the student. Then Mr. Abbas was admitted at Trauma Center of Dhanmondi, Dhaka and took treatment till 17 March 2004. Then he was admitted at Bangladesh Rehabilitation Centre for Trauma Victims (BRCT) for his better treatment and he is still under treatment of BRCT. Intervention Done by BIHR Legal Counseling provided to the victim followed by legal redress: BRCT lawyer provided legal counseling for removing the victim’s legal related psychological problems as police & police station fear. The legal counselor attentively heard his legal related problem and clearly discussed about police administration as their jurisdiction as well as powers and duty. He also discussed on case & court procedure, constitutional provision, existing law and international conventional provisions, which are safeguard for every citizen from torture. The legal counselor also assists him to self-empowering as well as to remove her all kind of legal related psychological problems. He strongly assured him to give legal assistance as appointing lawyer to file case against the perpetrators. As a result he (victim) agreed to file case against the perpetrators Case Filing Against the Perpetrators: Case No. : P- 1185 of 2008 Complainant’s Name: Abu Abbas Bhuiyan Name of the Court : Chief Metropolitan Magistrate Court, Dhaka Court No. : 06 Magistrate’s Name : Md. Emran Hossain Chowdhury Filing Date : 05 March 2008 Under Section : 323 (Punishment for voluntarily causing hurt)[1]
324 (Voluntary Causing hurt by dangerous weapon or means)[2] 325 (Punishment for voluntarily causing grievous hurt)[3] 326 (Voluntary Causing grievous hurt by dangerous weapons or means)[4] 506 Punishment for Criminal Intimation)[5] 500 (Punishment for defamation)[6] 109 (Punishment of abetment if the act abetted is committed in
consequence and where no express provision is made for its punishment)
[7] 34 (Acts done by several persons in furtherance of common intention)[8]
of the penal code. Accuseds Name : i. Mahbubur Rahman, Officer In Charge, Ramna Police station, DMP,
Dhaka ii. Rezaul Karim, Sub Inspector, Ramna Police station, DMP, Dhaka iii. Naser Ali, Sub inspector, Ramna Police station, DMP, Dhaka iv. Sergeant Anower Hossain, in charge, Nilkhet Police camp, DMP, Dhaka v. Lutfuzzaman Babor, Former State minister of Home, The people Republic
of Bangladesh Government
Name of the legal Councel:
i. Adv. shahanur Islam saikot
ii. Adv. Mohammed Alamgir Order of the Court: The learned magistrate pleased to order to investigate the case by the Deputy Commissioner of Detective Branch (DC-DB), Dhaka and also directed him to submit report before at 15 June 2008.
SUBSIQUENT ACTIVITY:
April 08, 2008: The Investigation officer Abul Kalam Azad, inspector of Detective Branch of Police issued a notice to the complainant to appear his office along on 17.04.08 with other witnesses to give witness. April 17, 2008 Taking witnesses have been completed on behalf of the complainant. June 15, 2008 The investigation officer did not submit the report in court. The complainant appealed to the court to issue a notice to the IO to submit report as soon as possible and after hearing the appeal the learned Metropolitan Magistrate Ms. Maksuda Pervin order to submit report before 17 July 2008. July 17, 2008: The investigation officer submitted a fake and distorted report proving the allegation as false. Latest Status: The case is waiting for hearing to accept final report. BIHR is going to submit a Narazi appeal against the repot. Obstacles Faced: In the real and present situation of our country it is difficult to file and prove a case against the police. Because there has been faced many obstacles to start and prove the trial due to some provision of our existing law. The case that is continuing till now has been faced more obstacle to come this stage that we see given bellow: Legal Harassment: We see when we try to file the case before the court, always it deny to take it showing the mandatory section 132(Protection against prosecution for acts done under Chapter ix of Criminal Proceeding Code regarding unlawful assemblies)[9] & 197(Prosecution of judges and public servants)[10] (Power of government as to prosecution)[11] of the Criminal Procedure Code which stated the regarding to take pre-sanction from the gov’t to bring allegation against the government servant before the court. Lengthy and expensive court proceeding is also creating obstacle to get justice. Problem during filing case: We see the obstacle has been begun from the initial stage of filling case. When the victim tried to file allegation against the police to the concern police station, the responsible officer denied accepting it. Convincing stage: The police had tried to mediate the case and they started pressuring him when he did not agree and they also tried to give him bribe. Witness intimidation: There has been witness and plaintiff intimidation by both the police and influential political leaders. Taking illegal money from the perpetrators some times some of the lawyers are being influence and also perpetrators threat them and they refuse to deal in favour of victim. Beside this, it is very tough to collect evidence against policemen. Out put of legal intervention: By filing case against the police, the victim will be empowered and police will fell afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. As a result torture will be reduced and we could make Bangladesh free from torture. *Programme Manager-Legal & Human Rights Affairs at BRCT & BIHR [1] Whoever, except in the case provided by section 334 (Voluntary Causes hurt on provocation) Whoever voluntary causes hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to five hundred Taka, or with both, Voluntary causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand Taka or with both. [2] Whoever, except in the case provided for by section 334 (Voluntary causing hurt on provocation) voluntary causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison of any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may be extend to three years, or with fine, or with both [3] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) Whoever voluntary causes grievous hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause grievous hurt to any person other that the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or fine which may extend to two thousand Taka, or with both, voluntary causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. [4] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) voluntary causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may be extend to ten years, and shall also be liable to fine. [5] Whoever, commits the offence of criminal intimidation shall be punish with imprisonment of either description for e term which may extended to two years, or with fine, or with both.
[6] Whoever defames another shall be punished with simple imprisonment for a term, which may extend to two years, or with fine or with both. [7] Whoever abets any offence shall, if the act abetted is committed in consequence of abetment, and no express provision is made by this penal code for the punishment of such abetment, be punished with the punishment provided for the offence [8] When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as it were done by him alone.
[9] No prosecution against any person any act purporting to be done under regarding the unlawful assemblies of Criminal procedure code shall be instituted in any criminal court, except with the pre sanction of the government: and-
(a) no Magistrate or police –officer acting under this chapter in good faith ,
(b) no officer acting under section 131 in good faith,
(c) no person doing any act in good faith ,in compliance with a requisition under section 128 or 130 and
(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he bound to obey,
shall be deemed to have thereby committed an offence:
Provided that no such prosecution shall be instituted in any criminal Court against any officer or soldier in Bangladesh Army/except with the sanction of the Government. [10] When any person who is judge within the meaning of section 19 of the penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty, no court shall take cognizance of such offence except with the previous sanction of the government [11] The Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such judge, magistrate or public servant is to be conducted, and may specify the court before the which the trial is to held.