BANGLADESH INSTITUTE OF HUMAN RIGHTS URGENT APPEAL PROGRAMME
URGENT APPEAL CASE: BIHR-IUA-29-06-2009
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DATE:
ISSUES: Arbitrary arrest; torture, extrajudicial killing and impunity
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Dear Friends
Bangladesh Institute of Human Rights has been received a report from its reliable network organization regarding a tribal Youngman torture to death at Shuvalong under Rangamati district in Bangladesh by military forces. Though the victim family demanded to make a credible investigation to bring the allege perpetrators before justice, yet no proper action has been taken by the concern authority.
BIOGRAPHIC INFORMATION:
Name of the Victim : Mr. Tarun Kusum Chakma (30)
Father name : Gunadhar Chakma
Address of the Victim :Vill: Bhushanchara,
Present address : Moitreenagar, Ps & Dist: Rangamati
Date of arrest :
Place of arrest : Shuvalong bazzar under Rangamati district
Date of torture and Murder :
Name of the alleged person : i) Major Manjur, 6, Bengle, Shuvalong camp
ii) Warrant Officer Saiful, 6, Bengle, Shuvalong camp and
iii) Corporal Atik, 6, Bengle, Shuvalong camp
FACT DETAILS:
Mr. Tarun Kusum Chakma (30), s/o Gunadhar Chakma was a permanent resident of Bhushanchara of Harina union under Barkal upazila (sub-district) in Rangamati district, but stayed at Moitreenagar under Rangamati municipality with his family. He was an innocent youth and used to earning by day labour or by collection of forest products for family survival. Couple of days ago, he went to Shuvalong area for earnings. It is mentionable that he was active supporter of PCJSS for implementation of the CHT Accord.
On 26 June Friday was a market day of Shuvalong Bazaar. Like other villagers, he also went to Shuvalong bazzar for marketing. However, a group of members of UPDF, an anti-accord terrorist organisation, with the help of Mintu Bikash Chakma (who is familiar as Bhumihin Mintu), caught Tarun Kusum Chakam while he got down Shuvalong Bazaar from a steamer at around 9.30 am. Then he was handed over to Shuvalong camp authority after heavily torture labeling him as miscreant. However, camp authority released him found nothing after interrogation.
Again, UPDF men tried to catch him when he reached at Bazaar after getting release from army custody. Having no alternative to safe his life, he tried to escape from UPDF attack and jumped over the lake (
Army personnel arrested another Jumma youth named Elen Chakma from the spot. UPDF claimed him as member of the UPDF who went to spot to help army to catch so-called miscreants.
However, the army authority of Shuvalong camp make several fabricated news in order to conceal their misdeed which were published on several national and local dailies and aired on electronic media. The army firstly made propaganda that a dozen of armed miscreants led by Tarun Kusum Chakma proceeded toward Suvalong Bazar to commit sabotage activities. Being informed, army challenged them when the armed miscreants reached at the place near Dhanmia shrine at about
The army made second story that clash between two rival groups took place near Shuvalong bazaar. Being informed, the army rushed there and recovered dead body of Tarun Kusum Chakma from the spot.
The army made another third story that the miscreants led by Tarun Kusum Chakma made armed attack on a group of regular patrolling party of the military forces when they (army) reached Dhanmia shrine. Even, army firstly named Tarun Kusum as Jagadish Chakma.
These stories were fully fabricated and motivated. The people who came to market witnessed that he was caught by UPDF men and handed over to army. Victim’s younger brother Palash Chakma said that he was not involved with any terrorist activity. He was fully innocent.
It is also worth mentioning that Elen Chakma, who was arrested during the incident, was claimed as member of the UPDF in a press release by Shantidev Chakma, chief of Rangamati district. Shantidev mentioned that Elen went there to help army to catch the victim and the army mistakenly arrested him. This statement of UPDF proved that UPDF men also involved with this heinous killing.
The dead body was brought in Rangamati sadar hospital for post mortem in the evening on 26 June. The dead body was handed over to victim’s elder sister and younger brother afternoon on 27 June.
BACKGROUND INFORMATION:
Military forces deployed in Chittagong Hill Tracts (CHT) continued to be responsible for extra-judicial killings and for custodial killings since long time.
The CHT Accord signed between Government of Bangladesh and Parbatya Chattagram Jana Samhati Samiti (PCJSS) on
Though Awami League-led present grand alliance government assured in its election manifesto that it would implement the CHT Accord fully and stop extra-judicial killing in the country. However, extra-judicial killings, arbitrary arrest, frequently checking, conducting military operation through out the CHT, helping Bengali settlers in occupying indigenous Jumma people’s land and expansion of cluster villages of Bengali settlers by the military forces continued unabated in CHT. Killing of Tarun Kusum Chakma was a result of military atrocities in CHT.
LEGAL FRAMEWORK:
The practice of torture is considered one of the most serious human rights crimes and as such it is part of jus cogens. No person, regardless whether he is a criminal or not, should be subjected to torture by law enforcement officers in any circumstances.
The Constitution of Bangladesh Article 35 (5) prohibits torture.
In sum, despite joining CAT and having a constitutional provision prohibiting torture, the Government of Bangladesh has taken no steps to criminalize torture, passed no treaty enabling legislation or amended domestic laws to give access to remedies, rehabilitation or compensation for victims. Finally, individuals who have suffered torture only have recourse to national remedies.
ADDITIONAL COMMENTS:
The death of Tarun Kusum Chakma in army custody is not a surprise, and not an isolated incident in
SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged incident and ensure the perpetrators of this injustice and violence that resulted in the death of a man are punished in accordance with the law.
In particular, the government of
§ Form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of death of Tarun Kusum Chakma as well as publish it asap’
§ Ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this gross violation of human rights;
§ Provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victim’s family;
§ To withdraw all temporary camps of army, Ansar, APBN and VDPs including de facto military rule ‘Operation Uttoron’ as per CHT Accord soon and implement the CHT Accord in letter and spirit;
§ Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
§ Provide human rights education and training to the Police Inspectors and policemen who run police stations;
§ Remove reservation from the Art.14 of Convention Against Torture, accepting victims right to compensation;
SAMPLE LETTER:
Date:........................
Dear.........................
I am deeply concerned with the news received from reliable source regarding a tribal Youngman Mr. Tarun Kusum Chakma torture to death by military forces at Shuvalong under Rangamati district in
I am inform that Mr. Tarun Kusum Chakma (30), s/o Gunadhar Chakma was a permanent resident of Bhushanchara of Harina union under Barkal upazila (sub-district) in Rangamati district, but stayed at Moitreenagar under Rangamati municipality with his family. He was an innocent youth and used to earning by day labour or by collection of forest products for family survival. Couple of days ago, he went to Shuvalong area for earnings. It is mentionable that he was active supporter of PCJSS for implementation of the CHT Accord.
On 26 June Friday was a market day of Shuvalong Bazaar. Like other villagers, he also went to Shuvalong bazzar for marketing. However, a group of members of UPDF, an anti-accord terrorist organisation, with the help of Mintu Bikash Chakma (who is familiar as Bhumihin Mintu), caught Tarun Kusum Chakam while he got down Shuvalong Bazaar from a steamer at around 9.30 am. Then he was handed over to Shuvalong camp authority after heavily torture labeling him as miscreant. However, camp authority released him found nothing after interrogation.
Again, UPDF men tried to catch him when he reached at Bazaar after getting release from army custody. Having no alternative to safe his life, he tried to escape from UPDF attack and jumped over the lake (
Army personnel arrested another Jumma youth named Elen Chakma from the spot. UPDF claimed him as member of the UPDF who went to spot to help army to catch so-called miscreants.
However, the army authority of Shuvalong camp make several fabricated news in order to conceal their misdeed which were published on several national and local dailies and aired on electronic media. The army firstly made propaganda that a dozen of armed miscreants led by Tarun Kusum Chakma proceeded toward Suvalong Bazar to commit sabotage activities. Being informed, army challenged them when the armed miscreants reached at the place near Dhanmia shrine at about
The army made second story that clash between two rival groups took place near Shuvalong bazaar. Being informed, the army rushed there and recovered dead body of Tarun Kusum Chakma from the spot.
The army made another third story that the miscreants led by Tarun Kusum Chakma made armed attack on a group of regular patrolling party of the military forces when they (army) reached Dhanmia shrine. Even, army firstly named Tarun Kusum as Jagadish Chakma.
These stories were fully fabricated and motivated. The people who came to market witnessed that he was caught by UPDF men and handed over to army. Victim’s younger brother Palash Chakma said that he was not involved with any terrorist activity. He was fully innocent.
It is also worth mentioning that Elen Chakma, who was arrested during the incident, was claimed as member of the UPDF in a press release by Shantidev Chakma, chief of Rangamati district. Shantidev mentioned that Elen went there to help army to catch the victim and the army mistakenly arrested him. This statement of UPDF proved that UPDF men also involved with this heinous killing.
The dead body was brought in Rangamati sadar hospital for post mortem in the evening on 26 June. The dead body was handed over to victim’s elder sister and younger brother afternoon on 27 June.
I therefore request you to ensure that adequate investigations are carried out to ensure that the perpetrators are punished and that the victims receive necessary legal assistance and compensation for the damages caused.
In particular, the government of
§ Form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of death of Tarun Kusum Chakma as well as publish it asap’
§ Ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this gross violation of human rights;
§ Provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victim’s family;
§ To withdraw all temporary camps of army, Ansar, APBN and VDPs including de facto military rule ‘Operation Uttoron’ as per CHT Accord soon and implement the CHT Accord in letter and spirit;
§ Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
§ Provide human rights education and training to the Police Inspectors and policemen who run police stations;
§ Remove reservation from the Art.14 of Convention Against Torture, accepting victims right to compensation;
I trust that you will take immediate action on this serious matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Ms. Sheikh Hasina
Honourable Prime Minister
Government of the People’s Republic of
Prime Minister’s Office, Tejgaon,
Fax : +880 2 8113243 / 3244 / 1015 / 1490
Email: Info@pmo.gov.bd, pm@pmo.gov.bd or psecy@pmo.gov.bd
Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of
Ramna, Dhaka-1000
Fax: +880 2 956 5058, Tel: +880 2 956 2792
Dr. Dipu Moni
Honorable Minister
Foreign Ministry
Government of the People’s Republic of
Fax: +880 2 9558566, Tel: 956-2852
Ms. Sahara Khatun
Honorable Minister
Ministry Home Affairs
Government of the People’s Republic of
Fax: +88-02-7160405, 88-02-7164788 (O), Tel:+88-02-7169069 (O)
Mr. Dipankar Talukdar MP
Honorable State Minister
CHT Affairs Ministry
Government of the People’s Republic of
Tel: +880-2- 7161774
E-mail: mochtadh@bttb.net
Mr. Jyotirindra Bodhipriya Larma
Chairman
CHT Regional Council
Rangamati, Chittagong Hill Tracts
Tel: +88-0351-63381;Fax: 0351-63278
E-mail: chtrc@yahoo.com
Mr. Promod Mankin, MP
Chairman
Parliamentary Standing Committee on CHT Affairs Ministry
Jatiya Sangsad Bhaban,
Justice (Rtd) Amirul Kabir Chowdhury
Chairman
House # 6/3, Block # D, Lalmatia,
Tel: +88 02 9137724
General Md Abdul Mubeen
Chief of Army Staff
Army Headquarters
Fax: +880 2 875 4455, Tel: +880 2 987 0011
E-mail: itdte@army.mil.bd
Mr. Nur Mohammad
Inspector General of Police (IGP)
Police Headquarters'
Fulbaria, Dhaka-1000
Fax: +880 2 956 3362 / 956 3363, Tel: +880 2 956 2054 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd
Thank You
| |
Shahanur Islam Saikot
LL.B(Hon’s)’ LL,M(Law & Justice)
Advocate
Programme Manager-Legal & Human Rights
Bangladesh Institute of Human Rights (BIHR)
27, Bijoy Nagar, B-17, Dhaka-1000,
Cell: +88 017 20308080, Phone: +88 02 9349851
Email:saikotbihr@gmail.com; bihr@bangla.net
www.bihr-bihr.blogspot.com
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