STATEMENT: Bangladeshi lawyer, human rights defender and journalist faced intimidation from the civil dressed law enforcing agencies during a fact finding investigation.STATEMENT: Bangladeshi lawyer, human rights defender and journalist faced intimidation from the civil dressed law enforcing agencies during a fact finding investigation.

On August 21, 2011, Advocate Shahanur Islam (Saikot) Global Human Rights Defence Country Observer for Bangladesh, Executive Director of Bangladesh Institute of Human Rights, Founding Secretary General of JusticeMakers Bangladesh, Legal and Human Rights Editor of Monthly Doyel and also member of Dhaka Bar association and Bangladesh Bar Council intimidated by civil dressed law enforcing agencies while he along with  a team of four went to Khagrachari to conduct a fact finding investigation into the physical assault and beating of 22 Jumma students by law enforcement agencies during a peaceful demonstration of around 900 students of Khagrachhari College for constitutional recognition of indigenous people in Bangladesh on the 7^th of August 2011. You can read the full report visiting the following link: http://indigenouspeoplesissues.com/attachments/article/12880/Fact%20finding%20report%20on%20tweenty%20two%20jumma%20student%20were%20tort.pdf

During the investigation, some civil dressed people (it is assumed by the fact finding team that they were security personnel dressed as civilians) were continuously following the investigation team. When the fact-finding team was leaving the hotel, one of them stopped Advocate Shahanur Islam and asked our purpose for visiting Khagrachhari. At the bus counter another one informally asked him about their reason of visiting Khagrachhari, what was the name of his organization, which incident did they investigate etc creating an scared atmosphere to intimidate Mr. Islam. 

This is not any isolated instance of such kind of intimidation on human rights defenders, lawyer and journalist 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. 

JusticeMakers Bangladesh and Bangladesh Institute of Human Rights (BIHR) deeply concerned over the intimidation faced by human rights defender, lawyer & journalist Mr. Shahanur Islam from the civil dressed member of law enforcement agencies and demanded a full and impartial investigation into the misconduct of relevant official is required and that those responsible are punished.

URGENT APPEAL: Bangladesh: Police fail to react or investigate when human rights defender Shahanur Islam assaulted [UA-BA-25-08-2011]

The Hague, The Netherlands

URGENT APPEAL: Bangladesh: Police fail to react or investigate when human rights defender Shahanur Islam assaulted [UA-BA-25-08-2011]
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ISSUES: Threats to human rights defenders, personal integrity, physical assault, police negligence
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Dear Friends,

Global Human Rights Defence (GHRD) regrets to inform you of an unprovoked physical assault on our local observer and human rights defender Advocate Shahanur Islam on August 24, 2011 in Dhaka. At this point there is no suspicion or indication that the attack is related to his human rights activities or to the recent death threats that have been made to Shahanur. However, it is concerning that, despite numerous international appeals for increased security for Mr Islam, the police failed to come to the scene of the assault, nor interview any of the witnesses, despite several members of the police being called and informed of the assault and requested to help.

As at the time of writing this report, the police have refused to register a First Information Report (FIR), and have failed to interview witnesses or investigate the assault.


Case details:

On the 24th of August, 2011 Mr Islam was at a print shop in Dhaka “New Konica Digital Studio”, Mahbub Plaza, 21/A, Topkhana Road, Dhaka-1000 around 5 pm (Bangladesh time) and asked one of the customers who was using internet if he could print a one page document. The man, who was a customer himself, asked that Mr Islam pay him 40 Thaka for use of the facility (over four times the usual value), which Mr Islam refused to pay. The man then became violent in front of the other customers and he started to kick and slap Mr Islam.

There were some 10 people witnessing the incident and who shouted to the man to stop beating upon Mr Islam, and he then stopped and left the shop. Mr Islam then called Mr. Krisno Pad Sarker, Deputy Police Commissioner (DC), Ramna Zone, Dhaka Metropolitan Police, and told him of the assault, requesting police assistance. The Deputy Police Commissioner did nothing but told Mr Islam to call Shahbag Police Station. Mr. Islam then called to Mr. Rejaul Karim, Officer in Charge (OC) of Shahbag Police Station, Dhaka Metropolitan Police (DMP), and asked him to come to the scene and investigate the matter. The OC told Mr. Islam to inform the patrol police who are on duty near the location of the incident. Mr. Islam told the OC that he was not able to find the patrol police and requested that the OC inform them of what happened. The OC agreed to do so but after one hour of waiting at the scene, no police had come to Mr Islam’s aid.

Mr. Islam received emergency treatment from the Emergency Out Door of Dhaka Medical College Hospital on the same day.

Mr Islam does not recognise the attacker but has found out that his name is Mehedi, further identity unknown.

GHRD is shocked about the passive behaviour of the police authorities [O.C Mr. Rejaul Karim, OC, Shahabag Police Station, DMP and Mr. Krisna Pad Sarkar, Deputy Police Commissioner (DC), DMP], who despite Mr Islam’s attempts to call and report the attack, did not show up to investigate the claims.

This is of particular concern given the fact that numerous urgent appeals and statements from various international organisations have been sent out requesting accurate police investigation and protection for Mr Islam, and also given the recently opened investigation into death threats made against Mr Islam by the National Human Rights Commission. GHRD is concerned that such passive and delayed behaviour undermines the investigation at a crucial stage, particularly as eye-witnesses were not interviewed at the scene.

On the day of the assault, Mr Islam went to the Shahbag Police Station to file an FIR on the case, but the duty officer refused to file it, telling Mr Islam to go talk with the OC of Shahbag Police Station. Then Mr. Islam again talked with OC, who also refused to file the FIR, advising Mr Islam instead to file a General Diary (a notation of the incident). Mr. Islam then filed a GD with the Shabag Police Station being number 1371 dated 24,08,2011 and Mr. Abdul Malek, and Sub Inspector of Shahbag police Station, has been appointed to investigate the incident, but as of the date of writing this report, no investigation has been initiated.

GHRD strongly urges the authorities to take the threats made against Mr Islam seriously and to fully and immediately investigate this recent assault as well as death threats made against Mr Islam earlier in 2011. According to our information there were ten to twelve eye witnesses to this recent attack, who need to be interviewed in order to ensure that a full investigation is carried out and justice achieved. The motive of the attacker should be thoroughly investigated given the history of threats and intimidation of Mr Islam, and any relevant information should be shared with the NHRC.

Documents attached:
- medical injury report 24.08.2011
- general diary lodged at Shabag Police Station. 24.08.2011

Please also see GHRD’s previous appeals regarding the safety of human rights defender Advocate Shahanur Islam: see the July appeal here and the January appeal here.


Additional information will be made available upon request.

We trust that you will take immediate action regarding this serious matter.

Thank you.

Global Human Rights Defence
Human Rights Division – Urgent Appeals Desk
Laan van Meerdervoort 70
2517 AN The Hague
The Netherlands
+31(0)070 3456975
+31(0)703926575
urgentappeals@ghrd.org
www.ghrd.org

IOL Concerned over deth threat on Shahanur Islam

FIRST PAGE ALEART:Bangladeshi lawyer Shahanur Islam receives death threats

The International Observatory for Lawyers expresses its deep concern regarding the situation of Shahanur Islam, a lawyer and human rights defender who has received death threats in Bangladesh.

Description of the situation:

Mr. Islam is a lawyer and the executive director of the Bangladesh Institute of Human Rights. He has accomplished extensive human rights work notably relating to minorities’ rights in Bangladesh.

In January 2011 Mr. Islam undertook a fact-finding mission on the violation of minorities’ rights in Jharbhanga, in the Thakurgaon district. During this mission Mr. Islam and his two fact-finding officers were physically attacked, threatened by arms and all their belongings were looted. In February 2011, one of the perpetrators of this attack, Mr. Hamidur Islam, was arrested and imprisoned, but  he was released on bail after five months.

On July 24 2011, Mr. Shahanur Islam received a phone call from Mr. Hamidur Islam who threatened to kill him if he did not immediately withdraw his case. Mr. Shahanur Islam informed the police about the received threats, but no action was undertaken to ensure his safety or to start an investigation on the death threats.

Throughout the procedure Mr. Shahanur Islam has encountered great difficulties in obtaining support and assistance from the police. When he tried to file a complaint for the aggression, Mr.  Shahanur Islam faced the refusal of a police officer. The police also failed to promptly arrest the perpetrators and to recover all the stolen goods, despite ensuring that it would be possible. There is a total failure of the police and governmental authorities to ensure Mr. Shahanur Islam’s safety and physical integrity. There are therefore strong suspicions of political interferences in Mr. Shahanur Islam’s case.

Mr. Shahanur Islam has thus been fearing for his life and has been hiding since he received these death threats.

Appeal of the International Observatory for Lawyers:

The Observatory would like to reiterate that the independence of lawyers is one of the core principles of democracy and of the effectiveness of the rule of law. The Observatory would like to draw Bangladeshi authorities’ attention to the Basic Principles on the Role of Lawyers which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 27 September 1990.

Principle 16

“Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”.

Principle 17

“Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.

Principle 18

“Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”.

The International Observatory for Lawyers urges:

-The Bangladeshi authorities, to urgently take all necessary measures to guarantee the safety of Mr. Shahanur Islam, and to order a prompt and objective investigation of both: the death threats and the attack he has faced.

The Observatory also urges Bangladeshi authorities to ensure the protection, freedom and independence of Mr. Shahanur Islam and of all lawyers in all circumstances.

-The United Nations, the European Commission and other international organizations, to prompt the Bangladeshi government to urgently take all necessary measures to guarantee the safety of Mr. Shahanur Islam, and to guarantee all lawyers’ independence and physical integrity in Bangladesh.

-Bar Associations and lawyers’ organizations, to assist and support Mr. Shahanur Islam, and to use all their available means to draw Bangladeshi authorities’ attention to the necessity of ensuring lawyers’ freedom and independence in Bangladesh.

Contacts :

1/ Prime Minister, Government of the People’s Republic of Bangladesh
Mrs. Sheikh Hasina
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2/ Chief Justice, Supreme Court of Bangladesh
Mr. Md. Mozammel Haque
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
chief@bdcom.com or supremec@bdcom.com

3/ Ministry of Law, Justice & Parliamentary Affairs
Barrister Shafique Ahmed, Minister
Bangladesh Secretariat ,Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
info@minlaw.gov.bd

4/ Permanent Mission of Bangladesh to the United Nations
820 2nd Avenue, 4th Floor
New York, NY 10017
Tel: 212-867-3434
Fax: 212-972-4038
bangladesh@un.int

5/ Delegation of the European Union in Bangladesh
House 7, Road 84, Gulshan 2
Dhaka 1212
Bangladesh
Phone: +880(2) 882 4730
Fax: +880 (2) 882 3118, 988 8622
delegation-bangladesh@ec.europea.eu

This document is a product of The International Observatory for Lawyers (IOL). It may not be reproduced except in its original form. The IOL disclaims all responsibility in the case of alteration of falsification made to this document.

Criminal group threatens crime reporter in Bangladesh

A telephone caller claiming to represent a wanted criminal overseas threatened to kill a senior crime reporter for writing about the drug trade, local news reports and a human rights advocate said.

Jahangir Alam, who heads the crime department at the United News of Bangladesh news agency and is an executive member of the Crime Reporters Association of Bangladesh (CRAB), received the call in the country's capital, Dhaka, on July 13, according to the reports.

The caller introduced himself as an associate of Subrata Bayeen, a high-profile criminal wanted on charges of terrorism and drug possession, and threatened to shoot the journalist. Bayeen is believed to have fled the country to escape arrest, news reports said.

"Alam recently wrote a number of stories regarding illegal drug trades and criminal activities, mentioning the involvement of associates of Subrata Bayeen," Shahanur Islam, executive director of the Bangladesh Institute for Human Rights (BIHR) told CPJ by email. Alam reported the threat to the police but they took no action to identify the caller, Islam told CPJ. Both BIHR and CRAB expressed concern at the lack of police action to trace the threat and protect the journalist.

URGENT APPEAL: to guarantee the safety of Mr. ISLAM by Agir Ensemble pour les Droits de l’Homme, France

Ref: BGD/ S.I. / 11.08.11/ VL                    Lyon (France) August 11, 2011

Ms. Sheikh Hasina
Prime Minister
Office of the Prime Minister
Gona Bhaban, Old Sangsad
Bhaban, Tejgaon, Dhaka
Bangladesh

Ms. Prime Minister,

Agir Ensemble pour les Droits de l’Homme (Working Together for Human Rights) has been informed by reliable sources about the ongoing death threats against Mr. Shahanur ISLAM, human rights defender Advocate, who protects minorities in the country. Over the past few years, Mr. ISLAM has been exposed to threats and assault as a result of his work. Human rights defenders are frequently subjected to harassment from authorities in Bangladesh.

On January 2011, Adv. ISLAM was attacked during a fact finding mission in Thakurgaon district. He and his two fact-finding officers were physically attacked, threatened and had all their belongings looted. One of the perpetrators of the January attacks has recently got out of jail custody and is said to be responsible for the death threats Adv. ISLAM is now experiencing.

On July 24, 2011, Advocate Shahanur ISLAM received a phone call from one of the co-accused in a criminal case, threatening death if he did not withdraw his police complaint. The caller was referring to an incident in January 2011. According to Adv. ISLAM, the caller introduced himself as Hamidur Islam of Gorea, one of the co-accused in the January case. Mr Hamidur stated: “You have put me in jail for five months and now I am out of jail on bail. Now I want to see what can you do?” He also said, “You have no idea about our power. So, you had showed your braveness to file case against us after being tortured and losing everything”. He again said, “if you want to be alive, you will withdraw the case by one week, otherwise we know how to compel you to withdraw the case.” He further stated: “One time we left you after a little bit of torture and snatched everything, but if we reach you again, no body will find your dead body”.

Mr Hamidur Islam was recently released from jail custody on bail, after spending five months in jail for his part in the attacks against Adv. ISLAM and his team. Adv. ISLAM has identified Mr Hamidur Islam as his attacker in a police line up in March 2011.

Adv. ISLAM lodged a general diary (GD), notifying the police of these threats, being number 1734, dated 25/07/2011 at Mohammadpur Police Station under Dhaka Metropalitan Police.

Agir Ensemble pour les Droits de l’Homme is very concern about the continuous death threats against
Shahanur ISLAM and exhorts the authorities of Bangladesh to take prompt action to guarantee the security and safety of human rights defender Adv. ISLAM. We urge you to:

1. Take all necessary measures to guarantee the safety of Mr. ISLAM;

2. Order a prompt and independent investigation into these threats and the January attacks, bringing
those responsible to justice;

3. Ensure the respect and protection of the work of human rights defenders throughout the country in
accordance with national laws and international standards;

4. Ensure that the human rights activities of Mr. Islam and other human rights defenders/organizations
may proceed unhindered;

5. Comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN GeneralAssembly on December 9 1998, in particular Article 1 and Article 12.2;

Yours sincerely,

André Barthélemy
Chairman

1. Copies to: Mr. Md. Mozammel Haque, Chief Justice; 
2. Barrister Shafique Ahmed, Ministry of Law, Justice & Parliamentary Affairs;
3. Ms.Sahara Khatun MP, Ministry of Home Affairs;
4. Mr. Mahbubey Alam, Attorney General of Bangladesh;
5. Prof. Mizanur Rahman, National Human Rights Commission;
6. Mr. Hassan Mahmud Khandker, Inspector General of Police (IGP);
7. Embassy of Bangladesh in France;
8. Embassy of France in Bangladesh; 
9. Permanent Mission of the People's Republic of Bangladesh

Special Announcement: Indigenous recognition still lacking in Bangladesh

Special Announcement: International Day of the World’s Indigenous Peoples

Indigenous recognition still lacking in Bangladesh

On this, the International Day of the World's Indigenous Peoples, Global Human Rights Defence (GHRD) would like to remind everyone that many Indigenous communities around the world remain unrecognized and unprotected by their governments. In Bangladesh, indigenous Jumma communities continue to fight for recognition of their indigenous status in the national constitution and experience human rights abuses on a daily basis without protection from their government.

Recently, government representatives have proclaimed that ethnic minorities in Bangladesh, particularly the Jumma living in the Chittagong Hill Tracts are “not indigenous” but are rather to be considered as “tribal groups”. The Government went even further and stated that Bangladesh does not have an indigenous population within its borders.
This argument is used to avoid responsibility and defer the focus from their suffering. The unwillingness to recognise indigenous peoples is a commonly used mechanism of Governments to deny their rights and dismiss international scrutiny.

In reaction to this, indigenous peoples, academics and rights groups have recently protested in Dhaka, denouncing these statements and demanding their recognition in the constitution of Bangladesh.

GHRD, along with many international human rights organizations, rejects these statements and maintain that the Jumma clearly meet the available criteria to identify indigenous peoples, they have close link to natural resources, a distinct social, economic and political system, a distinct language and culture, and particularly the most crucial element: self-identification.

On this day, we wish to emphasise the responsibility of all governments and of the Bangladeshi in particular, to protect its indigenous population from destruction, and to provide its vulnerable communities with special protection. The rightful recognition of indigenous status, as well as constitutional protection is one clear and strong indicator of such commitment.

GHRD, The Hague, The Netherlands
9 August, 2011

LETTER OF REQUEST for ensuring the safety of the life of Mr Shahanur Islam

Dear Sirs/ Madams,

It has come to the knowledge of the Human rights activists, advocates, networks  and proponents throughout the world that Mr Adv. Shahanur Islam (Saikot), General Secretary and Executive Director of Bangladesh Institute of Human Rights (BIHR); Country Observer for Bangladesh, Global Human Rights Defence, The Hague, Netherlands; Founder of JusticeMakers Bangladesh Trust and also Member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District
(Membership # 11177) received a death threat through an alleged phone call by an accused in a case on 24 July, 2011.

In view of the above,

1. I kindly call on you to use your good offices to investigate this alleged incident of violence against Advocate Shahanur Islam (Saikot) and his family.

2. I also want to implore you to jointly ensure the safety of and also safeguard the properties, life and  family of Mr  Shahanur Islam and the other two victims

3. I wish crave your collective indulgence to implement the below listed recommendations to stop the intimidation and harassment of Mr Shahanur

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 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. 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.

In trusting you to take immediate action on this serious matter, the nature and status of the person involved has elicited immense interest of the  International human rights community in this matter and would be looking forward to your favorable response and resolution.

Thank you and Best

Regards


Mr Adekunle Theophilius
Human /Women/Workers rights Activist, Advocate, Educator and Facilitator
C/O: Mar Choul Pal, Vilhelm Thomsens Alle 44, 1 TH
2500 Valby, Copenhagen
Denmark