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
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