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Bangladesh
121. By letter dated 9 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning Hiramon Mondol, a journalist for the daily newspaper Dainik Prabarttan in Khulna. On 8 August 2003, he went to the police and security forces joint task force camp in connection with an article he had written on 3 August, in which he accused the police and security forces of stealing valuable fish from local fishermen. At the camp, the police beat Hiramon Mondol with rifles and hockey sticks. He received medical treatment for his wounds, but was transferred to the district jail in Khulna, and charged with theft.
122. By letter dated 9 August 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning three Hindu women of Biswanathpur village. On 5 July 2003, a gang of men attacked the homes of Hindu families in the village of Biswanathpur, sub-district of Kaligaonj, Satkhira. In the attack, several houses were destroyed and three women were raped. They were released from hospital on 21 July. The victims have not received an official medical examination. The police warned the victims not to undergo medical examinations and threatened harm to the victims’ husbands if they did.
123. By letter dated 11 August 2004, the Government informed that the allegations of rape of the three women have been found to be baseless and unfounded. The incident occurred over disputed land between two rival groups and the law enforcement authorities remain seized of the matter.
124. By letter dated 1 September 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
125. R. C., age 13, Samsur Rahman Road, Khulna. On 9 June 2004, he was arrested by plain clothes policemen of the Khulna Metropolitan Police (whose names are known to the Special Rapporteur). The next day his mother was informed of his death and received his body. Multiple injuries were visible, including broken hands, injuries to his legs, chest, teeth, testicles, and a bullet wound in the head.
126. Debashish Kumar Das, age 32, Badda. On 26 June 2004, he was arrested by the Rapid Action Battalion (RAB) at a private clinic in Sreepur area, Savar Thana. A few hours after he was interrogated at the RAB office in Uttara, he was taken to the Dhaka Medical College Hospital but died on the way there. His body bore marks of injuries on the chest and head.
127. Sumon Ahmed Majumdar, age 30, Morkun, Tongi, Gazipur district. On 15 July 2004 at 4 p.m., he was arrested at his home by RAB-1, led by a sub-inspector (whose name is known to the Special Rapporteur). At about 10 p.m., the sub-inspector took Sumon Ahmed Majumdar to Tongi Police Station to hand him over, but the duty officer refused to admit Sumon Ahmed Majumdar without a medical certificate as he appeared to be seriously injured. The sub- inspector then took him to Tongi Hospital, where he was treated for shock, injury to his fingers, and swelling on different parts of his body. He was returned to the police station at 11.45 p.m., but was taken back to Tongi Hospital a bit later. Sumon Ahmed Majumdar’s family received an anonymous phone call at midnight alerting them that he was admitted to the hospital in a critical condition; however, when his mother went to see him, she was denied access and told that his condition was good. He died there at 1.20 a.m., and was later buried amid tight police security. He was in good health prior to his arrest.
128. Shajahan Bepari, a 25- year-old shoe store employee, Johuri Mahalla, Mohammadpur. On 6 July 2004, he was arrested by RAB in Dhanmondi. He was rushed to the Dhaka Medical College Hospital on the evening of 7 July, and he died on the morning of 9 July. Hospital sources reported that Shahjahan Bepari was admitted with injuries on his hands and legs. The inquest report prepared by a magistrate at the Dhaka Medical College Hospital indicated that Shahjahan Bepari’s arms and legs were swollen, and an injury was found on his head.
129. By letter dated 29 September 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning Israt Zahan Nasrin, age 26, Sholna. On 28 April 2004, she was arrested at Dhanmondi Trauma Centre in Dhaka and taken blindfolded by police officers of Ramna Police Station to an unknown place where she was interrogated and tortured for two days. She was kicked on her legs and beaten with a heavy stick and a rifle. She was subjected to electric shocks and a pin was pushed into her finger. On 1 May 2004, she was brought before a court and granted a one-day remand. However, the police kept her for two days in custody. A complaint was filed against the police involved in the incident, but no action was taken to bring the perpetrators to justice.
130. By letter dated 1 October 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations according to which the police used batons and tear gas to disperse a student demonstration organized at Dhaka University on 2 March 2004. During the dispersal of the demonstration, Mainul Hossain Chowdhury, a journalist with the daily newspaper Ajker Kagoj, was beaten by the police. He was treated for a fractured leg and a head injury. At least six or seven other journalists were wounded and 100 students were injured in this attack.
131. Moreover, on 5 June 2004, M.A. Manik, a photographer with the local Bengalilanguage Grammer Kagoj, was beaten by police while covering a strike in the town of Jessore. The local press club later organized a march to protest against the attack against the journalist. During this second march, five other journalists were reportedly injured due to excessive use of force by the police.
132. By letter dated 13 October 2004, sent jointly with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, the Special Rapporteur notified the Government that he had received allegations concerning:
133. Chanu Ranjan Chakma, Naraichari village, Bilaichari Upazilla, Rangamati Hill District. On 12 June 2002 at 12.30 a.m., he was arrested by personnel of the East Bengal Regiment, Dighalchari Zone, Kaptai Brigade, Rangamati Hill district. He was beaten, kicked and injured in the head, hands and legs. He was released at 6 p.m., and was treated at Rangamati General Hospital for his injuries.
134. Apru Mong Karbari, age 66, Thuichirrg Prue Member, age 41, Kya Hla Prue Marma, age 32, Mong Cha Prue Marma, age 32, Mong Prue Chaing Marma, age 36, Pai Shwe Ching Marma, age 35, Ynesa Chiag, age 18, Kayaisang Prue Marma, age 54, U Thoi Se Marma, age 33, Kya Hla Aumg Marma, age 32. On 7 September 2002 at 1 a.m., a group of army personnel raided the Sao Para village, No. 324 Chemi Mouza, Kuhalomg Union Council, Bandarban Thana, Bandarban Hill district. The villagers were subjected to beatings to force them to confess to terrorist-related activities. On the same day, the same personnel attacked the adjacent Chibuk Para village, and subjected Kya Hla Marma, age 28, and Mong Ba Thowai Marma, age 32, to similar treatment. Kya Hla Aumg Marma, Kya Hla Marma, and Mong Ba Thowai Marma were detained for further questioning.
135. Kalu Chakma, age 29, Subir Tanchangya, age 26, Jetindra Tanchangya, age 29, Sukumar Tanchangya, age 24, Samiran Tanchangya, age 23, Kuladhan Tan-changya, age 24, Kali Kuiriar Tanchangya, age 27, and Subinoy Chakma, age 60. Between 7 and 9 September 2002, an officer (whose name is known to the Special Rapporteur) led a group of about 40 soldiers to raid the Khwiang Para village, Kuhaloag Union Parishad, Bandarban Upazilla, Bandarban Hill District. They were arrested, beaten, and kicked with boots on suspicion of involvement in terrorist-related activities.
136. Su Chai Mong Marma, age 35, Thowai Ching Prue Marma, age 35, Nishi Ratan Chakma, age 29, Amulya Ratan Chakma, age 33, Medo-se Marma, age 50, Hla Ching Mong Marma, age 27, Thowai Aung Prue, age 20, Mong Ching Thowai Marma, age 20, Kaho Ching Marma, age 18, Matanga Moni Chakma, age 30, Ching Kyaw Nue Marma, age 25, Kyaw Shwe Prue Marma, age 18, U Nue Prue Marma, age 28, Nue Nue Mong Marma, age 27, Chandra Rekha Chakma, and Sangma Prue Marma, age 31. On 8 September 2002 at about 10 .pm., a group of army personnel from the headquarters of the Sixth Infantry Division at Bandarban led by a captain (whose name is known to the Special Rapporteur) attacked the inhabitants of Amtoli village, No. 324 Chemi Mouza, Kuhalong Union Parishad, Bandarban Sadar Upazilla, Bandarban District. They were detained for four days, verbally abused and beaten to confess to terrorist-related activities.
137. Nobhina Tanchangya, age 45, Chandra Lal Tanchangya, age 45, Kesha Chandra Tanchangya, age 50, Chandra Lakkha Tanchangya, aged 55, Ailiarang Chakma, age 45, Sharat Kumar Tanchangya, age 45, Ajit Kumar Tanchangya, age 45, Nitya Ranjan Tanchangya, age 55, Joy Moni Tanchangya, age 35, Jyotirindra Tanchangya, age 32, Arabindu Tanchangya, age 30, Jolitasen Tanchangya, age 20, Lakshmi Dhan Tanchangya, age 30, Akshay Tanchangya, age 40, Puk Y Marma, age 25, Morntu Marma, age 35, Monjiari Marma, age 55, Asa Chandra Tripura, age 40, Mongal Tripura, age 26, Brikanda Tripura, age 35, Puna Chandra Tripura, age 35, Sadhula Tripura, age 20, Sushil Tripura, age 22, Ishwar Chandra Tripura, age 40, Jorai Tripura, age 33, and Raymond Tripura, age 25, a primary schoolteacher. On 24 September 2002 at 4.45 a.m., 50 to 60 army personnel of the 69th Infantry Brigade, led by a major (whose name is known to the Special Rapporteur), raided Baghichara Para village, No. 318 Kunalong Mouza, Bandarban sub-district, Baridarban Hill District. They were gathered together, verbally abused, pulled by the hair and ears, slapped in the face, kicked with boots, and hit with sticks, rifle butts and the hilts of daggers, to force them to confess to terrorist-related activities.
138. Shraman Naingda Sa-Ra, age 18, a Buddhist monk, Shraman Naingda Ba-Sa, age 20, a Buddhist monk, Usa Ching Marma, age 36, and Thui Se Marma, all of Jam Chari Mukh Para village; Umya Nue Marma, age 40, U. C. N. M., age 13, M. K. M., age 14, U Nue Ching Marma, age 25, and Shwe Mra Prue Marma, age 30, all of Jam Chari Bhitor Para village; Hla Mong Marma, age 30, Mekrajaing Marma, age 40, L. K. C., age 10, S. K. C., age 6, and Shwe Mra Ching Marma, 35, all of Khamadong Para village; and Sucfri Chakma, Jam Chari Krakshyang Chakma Para village. On 30 September 2002, personnel of the East Bengal Regiment, Baghmara Army Camp, led by an officer (whose name is known to the Special Rapporteur), attacked the Jumma villages in Baghmara, Bandarban Hill District, and arrested the above-mentioned persons on suspicion of terrorist-related activities. They were kicked, beaten with sticks, and hit with rifle butts and hilts of daggers to force them to confess. Mekrajaing Marma, L. K. C., S. K. C., Usa Ching Marma, and Thui Se Marma were reportedly taken to the Baghmara Army Camp for further interrogation and were beaten.
139. Dipankar Talukdar, age 18, Dipak Chakma, age 20, both from Dhulyatuli village, Kaptai Upazilla, Rangamati Hill district, and Mohammed Idris, Dhakeya Colony. On 13 December 2002, the Commander of the S-ban Camp of the 14th East Bengal Regiment (whose name is known to the Special Rapporteur) led a group of army personnel to the village and arrested the three men. Their hands and legs were tied and they were beaten to confess that they were terrorists. They were released from the camp the next day. On 2 January 2003, Kaladhan Chakma, age 28, Jouthakhamar village, Sadhu Chakma, age 26, Tarenge Para village, Mogban Union Parishad and Amal Kanti Chakma, age 25, Dhanpada village, Jibtali Union Parishad, Kaptai Upazilla (sub-district), Rangamati Hill district, were on their way to Bilaichari Bazaar, when they were arrested by army personnel led by the same commander. They received similar treatment and were also robbed of money.
140. Jogesh Chakma, age 22, Dighinala, Swapan Chakma, age 18, Jora Bridge, Surajit Chakma, age 24, Mahajan Para, Tuhin Chakma, age 22, Shanti Chakma, age 20, Ashish Pranay Chakma, age 18, and C. C., age 16. The seven persons are members of the Pahari Chhatra Parishad (PCP), or Hill Students Council, a student organization of the Jumma indigenous people supporting the Parbatya Chattagram Jana Samhati Samiti (PCJSS), an organization of the indigenous tribal peoples of the Chittagong Hill Tracts. On 6 August 2004, in the 6th Mile Area of Khagrachari-Dighinala Road, personnel of the Bangladesh Army arrested Jogesh Chakma at around 10 a.m. and Swapan Chakma and Surajit Chakma in the afternoon. They were taken to the Khagrachari Army Brigade headquarters and detained there and with sticks. Jogesh Chakma sustained a broken left hand. At 8.30 p.m. the same day, army personnel from the Khagrachari zone raided the office of the PCJSS, Madhupur, Khagrachari, and arrested the other four persons. They were accused of keeping arms and beaten until 10 p.m. The four men were later taken to the army’s Khagrachari headquarters. They were released at midnight.
141. By letter dated 15 November 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning Mohammed Sha Newaz Tito, age 30, Munir Hossain Talukdar and Ziaul Alam Dipu, Agrabad, Chittagong. On 4 August 2004 around 2.15 p.m., they were beaten and arrested at a restaurant in the Agrabad area by around 20 members of RAB led by a commander (whose name is known to the Special Rapporteur). They were taken to Ziaul Alam Dipu’s house, where Ziaul Alam Dipu was subjected to electric shocks on his genitals. Several family members and neighbours witnessed the ill-treatment. Around 4.45 p.m., Ziaul Alam Dipu and Munir Hossain Talukdar were taken to Double Mooring Police Station. On 5 August at 5 a.m., an official of the station informed the relatives that they were in a poor physical condition. Ziaul Alam Dipu could neither walk nor stand. All three men were brought before a court and remanded in detention on charges of possession of illegal weapons. Sha Newaz Tito was admitted to the Department of Neurosurgery, Chittagong Medical College Hospital, where he died on 6 August 2004. According to police reports, he sustained the injuries when he attempted to escape through a first floor window. However, the autopsy report of 8 August contradicts this version, indicates numerous injuries all over his body, as well as head injuries, which might have caused his death.
142. By letter dated 17 November 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning Azaharul Islam Montu, a correspondent for the daily Grammer Kagoj, based in Ashasuni Upazila, Satkhira district. On 19 September 2004, he was attacked by a gang of drug traffickers and left seriously injured and unconscious on the road. It is reported that the police have refused to open an investigation into the assault. The attack came only days after the newspaper published his investigative report on local drug trafficking.
Urgent appeals
143. On 9 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, regarding Qazi Faruque Ahmed and David William Biswas, president and vice-president, respectively, of PROSHIKA, a NGO working for human development. According to the allegations received, on 22 May 2004, they were arrested without being informed of the reason and are held incommunicado. On 20 April 2004, Abdur Rob, a manager of PROSHIKA, was arrested and the police claimed that when he was presented in court, he had confessed that PROSHIKA was involved in political activity. Despite his claim that he was forced to sign the confession under torture, Abdur Rob was charged with treason. Qazi Faruque Ahmed’s health is deteriorating due to the lack of proper medical treatment for severe diabetes.
144. By letter dated 10 June 2004, the Government informed that the High Court granted ad interim bail on 8 June 2004 to David William Biswas, who was arrested on graft cases. By letter dated 27 October 2004, the Government informed that Quazi Faruque Ahmed and David William Biswas remain free on bail. All have full access to and are availing of legal counsel of their choice.
145. On 1 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Representative of the Secretary-General on human rights defenders, regarding Rafique al-Islam, responsible for the activities of the International Campaign to Ban Landmines and the representative of Non Violence International in Bangladesh. According to the allegations received, on 21 August 2004 at approximately 2.30 p.m., Rafique al-Islam was arrested at his home in Cox’s Bazar by military officers of RAB and taken to Cox’s Bazar prison. A hearing of the charges against him was scheduled for 26 August but was subsequently postponed to 29 August. Neither his family nor lawyer were informed of the charges brought against him. On 29 August 2004, Rafique al-Islam was remanded into the custody of RAB for interrogation and is to be transferred to an unknown location.
Follow-up to previously transmitted communications
146. By letter dated 17 February 2004, the Government provided information on Hiramon Mondol (E/CN.4/2004/56/Add.1, para. 132). The Government informed that on receipt of a complaint against him relating to blackmail, a case was registered at Paikgacha Police Station on 11 August 2003 under section 4 of the Speedy Trial Act 2002. After an investigation, a charge was filed against Hiramon Mondol, he was arrested, and the case is currently pending in court.
147. By letter dated 17 February 2004, the Government provided information concerning Pubali Tripura, S. T., and Karandi Tripura (E/CN.4/2004/56/Add.1, para. 123). The Government informed that it was widely believed that in retaliation to the arrest of two supporters of the tribal group Pahari Chhatra Parishad (PCP) for illegal toll collection, PCP supporters brought allegations of rape of three tribal women and stabbing of a one-year-old child to antagonize the local population against the army. The incidents and allegations of rape and attack brought against the army were widely covered by the media. However, the media, after thorough independent investigation, found that the allegations were not true.
148. By letter dated 21 May 2004, the Government provided information concerning:
149. Firoz (E/CN.4/2002/76/Add.1, para. 118). The Government informed that there was no record of his torture or detention found at Mohammadpur Police Station. In the absence of relevant information such as his particulars and the address of his parents, place of occurrence of the incident, and reference of a case, it was not possible to carry out further investigations.
150. Sheikh Mohammad Haroon (E/CN.4/2002/76/Add.1, para. 118). The Government informed that he was caught by a mob while committing a robbery in Mohammadpur, Dhaka, on 24 April 1998. The police from Mohammadpur Police Station arrived at the scene and rescued Sheikh Mohammad Haroon from the angry mob that had beaten him up severely. Police recovered explosives in his possession, and he was arrested and sent to the hospital for treatment. Two criminal cases were lodged against him under the Explosives Act and the Arms Act at Mohammadpur Police Station. Allegations of torture by the police were not found to be true. On the contrary, the police are reported to have rescued him from the hands of an angry mob and provided him with protection and treatment for injuries suffered as result of beatings by the mob.
151. Sheikh Shahabuddin Ahmed (E/CN.4/2002/76/Add.1, para. 120). The Government informed that the police from Savar Police Station, upon receiving news that a suspect had been detained by the villagers in Majidpur, rushed to the village. On reaching the village, the plain-clothes policemen, were attacked and obstructed from carrying out their duty by some villagers, possibly on mistaken identity. The police finally manage to bring the situation under control and arrested Sheikh Shahabuddin Ahmed, and a case under the Penal Code was filed against him. Sheikh Shahabuddin brought allegations of assault against the police, and charged that as a result, he lost four teeth and suffered an injury to his left eye. An investigation was carried out, which found that the sub-inspector who had carried out the raid, was responsible for causing injuries to Sheikh Shahabuddin. He was removed from the service for abuse of power and conduct contrary to his official duty.
152. By letter dated 21 May 2004, the Government provided information concerning:
153. C. M. (E/CN.4/2002/76/Add.1, para. 124). The Government informed that according to an investigation carried out, on 18 March 2000, she was abducted on her way home by three men of Tintohori village of Khagrachari. The three accused are believed to have taken the girl to the adjacent forest and raped her repeatedly. Her father and other villagers subsequently rescued her. The three accused fled the area. The victim’s father lodged a complaint against them at the Manikchari Police Station and they were charged on 19 May 2000 under the Women and Children Repression Control Act, 2000. Arrest warrants have been issued against them, but they remain at large.
154. Momta Khatun Rekha (E/CN.4/2002/76/Add.1, para. 125). The Government informed that two policemen of Bhuapur Police Station were charged under the Cruelty to Women and Children Ordinance of 1995. Both were arrested, brought before the court and subsequently acquitted. In December 1999, one policeman was tried under departmental proceedings under the Police Officers’ Special Ordinance 1976 (amended in 1982), and discharged from service. Allegations of the victim being compelled to withdraw the case were not found to be true.
155. Rowshan Ara Begum (E/CN.4/2002/76/Add.1, para. 126). The Government informed that she filed a First Information Report on 2 May 1999, alleging that five persons, all of the Kazihati Police Station, Pakundia, entered her house forcibly on the night of 1 May 1999 and asked her to sign a blank paper. After she refused to do so, she was raped by two of them in front of her 13-year-old daughter. On the basis of her complaint, case No. 1 of 2 May 1999 under the Cruelty to Women and Children Ordinance 1995 was lodged against the five accused. The court convicted two men, both of whom are in custody. They have appealed their convictions. The Government has provided government living quarters for Rowshan Ara Begum and her family and has taken measures to provide her security.
156. By letter dated 21 May 2004, the Government provided information concerning:
157. Mr. Nuruzzaman (E/CN.4/2004/56/Add.1, para. 134). The Government informed that contrary to the allegations that he was detained without charges, it was confirmed that there are three cases pending against him. Mr. Nuruzzaman was arrested on 18 November 2003 at his house in Sylhet by Srimongol police and sent to Moulvibazar Court. The court sent the accused on two days’ police remand on the request of the investigating officer. According to reports, during the police interrogation, on the night of 20 November 2003, the accused fell ill. He was taken to Srimongol Upazilla Health Complex where he was treated. On the advice of the physicians, he was moved to the Sylhet Osmani Medical College Hospital for better treatment. On 22 October 2003, Nuruzzaman was discharged from the hospital with a certificate indicating that he had a peptic ulcer and diabetes, but was otherwise well. He was then taken to Moulvibazar Court, from where he was sent to Moulvibazar district jail. The cases brought against Mr. Nuruzzaman are currently under investigation.
158. By letter dated 24 May 2004, the Government provided information concerning
Babita Baimali (E/CN.4/2004/56/Add.1, para. 133). The Government informed that
according to reports, she was picked up along with a man on the morning of 16 October
2003 by the Officer-in-Charge of Bagmara police station. Both were found in a
compromising position, and were arrested on charges of engaging in immoral activities in
a public place under section 54 of the Criminal Procedure Code. Investigations carried out
found that the co-accused, his brother-in-law and another man raped Babita Baimali on the night
of 16 October on the way back from the court. According to the statements given by Babita
Baimali, the mini-taxi drivers who transported the accused to the court and the constables from
the court back to the police station, as well as the court records, the allegations that the police constables raped Babita Baimali were found to be completely unfounded. In Babita Baimali’s
own statement, she accused her co-accused and his brother-in-law of raping her. However, an
independent inquiry was conducted into the allegations made against the police personnel, and in
order to ensure neutrality and impartiality of the inquiry, the Officer-in-Charge and the constables
were transferred from the police station.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 12, 2005.