BANGLADESH INSTITUTE OF HUMAN RIGHTS URGENT APPEAL PROGRAMME
URGENT APPEAL CASE: BIHR-HRD-05-11
DATE: March 12, 2011
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BANGLADESH: Human rights defender & lawyer-received threats from the ruling party’s local leader
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Dear Friends
Bangladesh Institute of Human Rights deeply concerned about the recent threats against Mr. Shahanur Islam, BIHR’s Executive Director and lawyer in Bangladesh by the local leader of Jubo League (Youth wings of ruling party Bangladesh Awami League). According to received information, Mr. Jamal Uddin, Secretary of Jubo League Gorea Union unit, Thakurgaon gave serious threats to Mr. Islam to stop taking action against the perpetrators regarding physical assault and threats against him during an investigation.
BIOGRAPHIC INFORMATION:
Name of the Victim : i) Mr. Shahanur Islam, General Secretary and Executive Director, Bangladesh Institute of Human Rights (BIHR), member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District (Membership # 11177).
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 : i) Mr. Jamal Uddin, Secretary of Jubo League (youth wings of ruling party Bangladesh Awami League), local Gorea Union Parishad Unit.
Date of Incident : March 11, 2011, around at 8.34 pm
FACT DETAILS:
On 11th March 2011 around at 8.34 PM, Mr. Islam received a call from the number 01737187700 to his personal number 01720308080. The caller introducing himself Jamal Uddin, Secretary of Jubo League, Gorea unit asked about Mr. Islam identity as well as why Mr. Islam disturbing his wife calling that number threatened Mr. islam mentioning as “bustard” as well as asked to stop his initiative against perpetrators regarding physical attacked and assault against Mr. Islam and his colleague becoming angry with him. He also threatened that if Mr. Islam continues to take action against them, they will make Mr. Islam life hell. Then, he cut off the phone. The phone call deeply disturbed and frightened Mr. Islam. Then, Mr. Islam informed the investigation officer regarding the threats. But, the police authority has taken no action.
BACK GRAUND HISTORY:
Mr. Shahanur Islam has been victimized in different occasions previously due to his activities to protect and promote human rights in Bangladesh.
BIHR received information that the physical attacked and assault against Mr. Islam was pre-planned by some local leader of ruling party to stop his activities regarding to upheld human rights of the citizen of Bangladesh especially minority community through conducting fact finding investigation as well as sharing the information to concerned international authority. During his visiting the spot of incident on 3rd March 2011 around at 12.30 pm, Mr. Golapful, son of one arrested co-accused Mr. Hamidul Islam who was also involved with the incident told Mr. Islam that the incident was perpetrated direct instruction and led by Mr. Jamal Uddin, Secretary of Jubo League (youth wings of ruling party Bangladesh Awami League), local Gorea Union Parishad Unit. He also mentioned that there were some student league (student wings of ruling party Bangladesh Awami League) local union parishad unit leader and some of the supporter of ruling party Bangladesh Awami League was involved with the incident. Though Mr. Islam identified Mr, Golapful as co-accused, he denied it and told that he was staying his aunt house at that time. But he told that his father Hamidur Islam receive 4 to 5 thousands taka for involving the incident. He also mentioned that Mr. Jamal Uddin, Secretary of Jubo League, Gorea Union Parishad Unit is now lobbying to the authority for releasing his father.
On 3rd March 2011, around at 3.30 pm, Mr. Islam participated the TI Parade in to the Thakurgaon jail and identified the accused Mr. Hamidul Islam from 20 others prisoners in presented of senior judicial Magistrate of Thakurgaon district.
Mr. Komal Mohant Chaki, sub inspector of Thakurgaon police station and also the investigation officer of the case told Mr. Islam informally that they know who were involved with the incident but due to some technical reasons they can not arrest them. He also told Mr. Islam that previously, Mr. Jamal Uddin assured him to recover all the goods but later due to unknown reason he did not back the goods.
On 3rd March, 2011, Mr. Islam asked to Mr. Chaki, the reason of failure to recover the goods as well as arrest the others accused, he failed to give appropriate answer, only said that he is trying. Further, Mr. Islam asked to arrest Mr. Golap mentioning that Mr. Islam identified him as the perpetrators, but the investigation officer did not take his request as cognizance. Mr. Islam also asked him to arrest Mr. Jamal Uddin but he refused to arrest him showing reasons that he was not present during the incident. Mr. Islam asked him to arrange a TI parade after arresting Mr. Jamal, but he did not take action yet. It is clear to BIHR that due to political influence the police authority is silent to arrest the perpetrators as well as recover the goods.
On the 9th of January, 2011 a fact-finding team composing of Mr. Shahanur Islam, Executive Director of Bangladesh Institute of Human Rights (BIHR) and two fact-finding officers, BIHR went to Bania/Jhargaon area in Thakurgaon district to investigate the incident of the ill-treatment of a minority woman.
After reaching the spot, the fact-finding team interviewed the witnesses and the local people. In the mean time, 10-12 unidentified people came to the spot and questioned the fact-finding team about their reason of presence. One of the perpetrators identified himself as being the chairman of the local union Parishad, another perpetrator indentified himself as a member of Parishad. After the members of the fact-finding team identified themselves, the perpetrators accused them of being involved in the murder of a young boy, trading with a stolen motorbike and taking part in fraudulent dollar transactions. Then, one of the perpetrators physically attacked Mr. Islam and took away his mobile phone, while he was trying to call the local police station for help.
Meanwhile, the perpetrators also attacked the two fact-finding officers and took away their mobiles as well.
The perpetrators – threatening the members of the fact-finding team with a pistol - looted the video camera, laptop, secret pen video camera, still camera, documents, money bag and all other valuable belongings of the fact finding team, amounting approximately to BDT 3,50,000.
When Mr. Islam tried to shout for help, he was physically attacked. Then the attackers forced the victims - by threatening them with pistol - to pose with dollars while the perpetrators took pictures of them. After taking the pictures, the perpetrators warned the fact-finding team not to inform the police about this incident, otherwise they will get these photos published in the newspapers and kill the victims. Finally the perpetrators fled away on some unregistered motorbikes.
Then Mr. Islam went to went to Thakurgaon Police Station and tried to file the case with the Thakurgaon police station on the same day, but the officer in charge refused to file it. Rather he sent one Sub inspector Mr. Biswanath with us to verify the incident instead of registering the case. But during the verification, the sub inspector forces us to back the police station without identifying the spot. On the next day of the incident in morning Mr. Islam submitted a written First Information Report (Ezahar) mentioning the incident, but the OC was unwilling to register it, rather he asked Mr. Islam to submit a written EJAHAR to the duty officer as well as told him to back the Dhaka. Mr. Islam submitted the EJAHAR to duty officer around at 12.30 pm and back to the Dhaka according to his instruction, but the officer in charge registered the case around at 6.15 pm on 10th January, 2011. Though the case was registered but he did not register it in proper section. He registered the case under 406/420/323/506 (2) of Penal Code instead of 406/420/323/395/506 (2) and arms act with out consulting with Mr. Islam.
To know more about the incident please visit the following links: http://www.frontlinedefenders.org/node/14343
BIHR FINDINGS:
This is not any isolated instance of such kind of threats and attacked or human rights defenders in Bangladesh. It is a very common phenomenon for the professionals like human rights defenders of Bangladesh facing attacked, harassment, ill treatment, death threats from the terrorist, 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.
RECOMENDATION:
i) Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Shahanur Islam and others two victims;
ii) Order a prompt, effective, thorough, independent and impartial investigation into the above-mentioned incident ill treatment, 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. Islam as well as against all human rights defenders in Bangladesh;
iv) Accomply 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.
SUGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged incident of violence ensuring the physical security of the victim Mr. Shahanur Islam and his family. We trust that you will take immediate action regarding this serious matter and look forward to your favorable response.
Thank You
Adv. Mohammed Alamgir
President
Bangladesh Institute of Human Rights (BIHR)
27, Bijoy Nagar, B-17, Dhaka-1000, Bangladesh
Phone: +88 01720308080; Fax: + 88 028352166; Skype: bihr.bd
