Introduction:
In December 2011, Advocate Sahanur Islam (Saikot), Founding Secretary General of JusticeMakrs Bangladesh, Dhaka and also Country Observer of Global human rights Defence (GHRD), Netherlands along with three members went to the spot to conduct a fact finding investigation mission on the incident of death of a businessman due to negligence of treatment: family member alleges of torture for bribe on the December 22, 2011-– taking victim’s family, eyewitness, perpetrators and concerned authorities statements. We are to date the only human rights organization to conduct a first hand investigation into the incident of death due to torture for bribe and negligence of treatment.
The events reported above were just one of the many cases of gross human rights violation in Bangladesh which cannot be tolerated. The right to life is an undeniable human right. The police torture, negligence of adequate treatment, keep the deteriorated conditioned patient in bar fatter and also taking bribe are a clear violation of universal human rights where Bangladesh’s commitments under international human rights treaties.
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 contacted the accused policeman Assistant Sub Inspector Rabiul Islam about his statement regarding taking bribe through cell phone, he handed over the phone to Sub Inspector Rafikul Islam and Mr. Islam threatened to Mr. Shahanur Islam, head of the fact finding team stating proudly that “we are entitled to take money from accused person for our cost of fuel, tea and cigarette. So, you can not do anything against our activities, rather you will face trouble to further continue your activities.” He also told that “We want to see your power, show us your power, if you have any power to stop our activities, you can exercise it, otherwise go to hell”.
JusticeMakers Bangladesh demands that a full and impartial investigation into the misconduct of relevant official is required and that those responsible are punished.
Published by
JusticeMakers Bangladesh
16/29 Azam Road, Mohammad, Dhaka-1207
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A Businessman Died in Jail Custody Due to Negligence of Proper Treatment: Family Member Alleges of Torture for Bribe
The news headlines read: “Under Trial Prisoner died at Naogaon” published on the daily Karotoa on December 24, 2011. As a result, a high level fact-finding mission was conducted by a team of JusticeMakers Bangladesh led by Advocate Shahanur Islam (Saikot), Founding Secretary General of JusticeMakers Bangladesh and also Country Observer of Global Human Rights Defence (GHRD) from December 25-29, 2011. During the mission, the fact finding team talked with the victim’s family members, other eyewitnesses and concerned authorities as well as collecting evidence of the incident. This report documents the findings of the Investigation:
Country and Region : Bangladesh, South Asia
Type of Violation : Rights to life, rights to proper treatment, rights to justice, rights to physical integrity.
Type of Act : Torture, electric shock, ill-treatment, negligence, corruption, impunity
Fact-Finding Team Members : Advocate Shahanur Islam (Saikot), Founding Secretary General of JusticeMakers Bangladesh and also Country Observer of Global Human Rights Defence (GHRD), Mr. Shohel Ahmed and Mr. Uzzal Hossain, Fact finder officer of JusticeMakers Bangladesh.
Identity of the Victim:
Name of the victim : Abdul Barik Dulu (45)
Father name of the Victim : Late Lahor Uddin
Address of the victim : South Kanda (Mistri Para), Post: Mithapur, P/S: Badalgachhi, Dist: Naogaon.
Religion : Islam
Educational qualification : Higher Secondary School Certificate (HSC)
Occupation : Business
Marital status : Married & father of two daughters
Date and Place of the Incident:
Date of Arrest : December 20, 2011 around at 11.00 am
Date of proceed before court : December 21, 2011, around at 2.00pm
Date of sending at jail : December 21, around at 4.30pm.
Date of Admission at hospital : December 22, 2011 around at 8.00 am
Date of death : December 22,2011 around at 7.15 pm
Place of Death : Sodar Hospital, Naogaon
Name of the Perpetrators:
i) Mr. Rabiul Islam, Assistant Sub Inspector, Badalgachhi Police Station, Naogaon
ii) Mr. Touhidul Alam, Sub Inspector, Badalgachhi Police Station, Naogaon
iii) Mr. Karibul Hasan, Sub Inspector, Badalgachhi Police Station, Naogaon
iv) Mr. Rafikul Islam, Sub Inspector, Badalgachhi Police Station, Naogaon
v) Mr. Abdul Razzak, Constable, Badalgachhi Police Station, Naogaon
vi) Mr. Mahfujul Haque, Office in Charge, Badalgachhi Police Station, Naogaon
vii) Mr. Md. Anowaruzzaman, Jail Superintend, Naogaon
Legal Status:
Case file against the victim : i) Shahbag Police Station, D.M.P case Number: 24(12)/2011, Section: 467, 468, 471/ 109 of Penal Code.
ii) CR case number: 362/ 2011, Chief Metropolitan Magistrate Court, Dhaka; Section: 466/465/471 of Penal code
iii) CR Case Number: 572/2011, Chief Metropolitan Magistrate Court, Dhaka; Section:420/465/461/471/475/488/481 of Penal code
iv) CR Case Number: 32/2011, Metropolitan Magistrate Court, Dhaka, Section: 420/465/466/471/475/181 of Penal Code
Case Summery: (based on testimony of victims family members & eyewitness):
A team of policemen led by Touhidul Alam, Sub Inspector of Badalgachhi police station under Naogaon district arrested Mr. Abdul Bari Dulu on December 20, 2011 around at 11.00 a. m from the Khadail bazaar under the Mithapur Union Parishad of above mentioned police station and district according to the warrant of arrest connecting the case file against him being number: Shahabag Police Station, D.M.P case Number: 24(12)/2011, CR case number: 362/ 2011, Chief Metropolitan Magistrate Court, Dhaka; CR Case Number: 572/2011, Chief Metropolitan Magistrate Court, Dhaka and CR Case Number: 32/2011, Metropolitan Magistrate Court, Dhaka, while he was waiting to meet with his wife to go his relative home. Then he was taken to the said police station. As soon as his wife informed about his arrest, she went to the police station and met with him when he was quite ok. On the following day, his wife informed by one police official through mobile phone that the victim was seriously ill.
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| Mr. Shahanur Islam taking statement of wife of the victim |
Being informed about his illness, the victim’s wife along with her younger sister went to the police station on December 21 morning and saw the victim lying down on the floor of the police station custody without treatment. Then, she was called to go one corner of the police station by the Sub Inspector (SI) Karibul Hasan, while she requested the police official for the treatment of the victim. At that stage she was demanded bribe by SI Karibul Hasan for his treatment. But she failed to pay as she was no enough money at that time.
Meanwhile, the sister of law of the victim asked one unidentified police official whether the victim was tortured or not. The policeman replied with smiling that he was not tortured, but If the victim were not ill, he would beaten hanging the tree.
Later, the victim was taken to the out door of Badalgachhi Upazila Health Complex morning on 21 December around at 11.00 a. m and the concerned doctor prescribed him some medicine.
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| Mr. Shahanur Islam taking statement of sister in law of the victim |
Thereafter, the victim was taken to the custody of Chief Judicial Magistrate Court, Naogaon. Meanwhile, the victim wife and his sister in law reached the court custody and trying to talk with the victim. But the court police denied to talk with him and demanded to pay some bribe for allowing to talk with him. Paying some small amount of bribe to the court police, the victim’s wife and sister in law met with the victim, where they saw that the victim was laid down on a bench as he was unable to sitting down or standing up and trying to sitting down on the bench seeing them. Then, the victims wife and sister in law help him to sitting down on the bench. At this stage the victim’s wife asked him in presence of court police, whether he was tortured or not? And the victim replied her requesting not to ask this kind of question further. In this moment they saw the mark spot like electric shock on both sides of his ribs. Please See the video Statement:
Then the victim was appeared before the Senior Judicial Magistrate Court, Naogaon and the learned magistrate issue an order to send the victim to the jail. The learned magistrate also asked the concerned authority to take immediate action to his proper treatment admitting him at the hospital.
Thereafter, on afternoon the victim was sent to the Naogaon jail and the jail authority admitted him at prison hospital on the same day. But in midnight physical condition of the victim was deteriorated and the pharmacist of the jail hospital referred him at Naogaon Sodar Hospital.
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| Mr. Shahanur Islam, taking statement of the Chairman, local union parishad |
On the following day December 22, 2011 morning, the victim was admitted at the Naogaon Sodar Hospital with police escort. At noon of the same day, being informed of deteriorate condition of the victim, the victim’s wife went the see him at hospital. But the police did not allow her to see him primarily. Finally, she was allowed to nursing her husband after requested repeatedly with crying, where she saw that the victim was kept in bar fetters (danda beri ) and hand cuff fastened with bed by thick rope. She also saw that the victim suffered so much bad situation and the victim left stool and urine on his cloth and doing ardor for remove the bar fetter. Seeing fervidity of the victim, she requested the jail police to remove his bar fetter, but they denied and asked her to go to the jail for getting permission of removing bar fetter. Gradually, the victims condition was more deteriorating and on evening of the same day he was died around 7.15 PM. Then his far better and hand cuff was remove after half an hour letter of his death. Please See the video statement:
Thereafter, an inquest report of the dead body was prepared by a police official, signed by an Executive Magistrate on the same evening. Finally, his dead body was handed over the relatives of the victim.
Background Information:
The victim Abdul Bari Dulu was implicated in four cases at Dhaka city in Bangladesh where he was doing a small business. Then he came to his permanent house leaving Dhaka city. Early of the year 2011, order of the warrant of arrest and attachment was issued against him by the Chief Metropolitan Magistrate Court, Dhaka. The Badalgachhi police station was responsible for execute this order of warrant of arrest as the local police station. But unfortunately the concerned police station denied to execute the order giving illegal facility to the victim taking a huge amount of bribe regularly.
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| Minor two daughter of the victim |
Finally, Assistant Sub Inspector, Rabiul Islam and Constable Abdul Razzak went to the house of the victim to execute the order of Warrant of Arrest and attachment on December 16, 2011 and demanded BDT 20, 000/= ( Twenty Thousand taka) to the wife of the victim as bribe for commitment of not to attach the goods of his house. He also demeaned BDT 50, 000/= (Fifty Thousand) as bribe committing not to arrest or attach his good for next two months. The victim’s wife agreed to give him BDT: 10,000 (Ten Thousand) by December 18, 2011 and BDT: 20,000/= (twenty Thousand) money by December 28, 2011. Then, the policeman returned without arrest or attached the goods. Wwife of the victim gave BDT: 10,000/= (ten Thousand) to ASI Rabiul Islam on said date through Abdul Jalil, member of Mithapur union Parishad under Badalgachhi police station of Naogaon district. Please See the video Statement.
Issue En-counted During Fact Finding Mission:
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 contacted the accused policeman ASI Rabiul Islam about his statement regarding taking bribe through cell phone, he handed over the phone to Sub Inspector Rafikul Islam and Mr. Islam threatened to Mr. Shahanur Islam, head of the fact finding team stating proudly that “we are entitled to take money from accused person for our cost of fuel, tea and cigarette. So, you can not do anything against our activities, rather you will face trouble if you further continue your activities.” He also told that “We want to see your power, show us your power, if you have any power to stop our activities, you can exercise it, otherwise go to hell”.
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| Sub Inspector Rafiqul Islam, who threatened to fact finding team |
Observations of Fact-finding Team:
Report published on news paper, statement received from the victim family members of the victim and eyewitness and collected document from the different public office, it is clear that the death of Mr. Abdul Bari is result of torture at police custody as well as negligence of provide adequate treatment due to unable to pay illegal money as bribe which is violation of our fundamental, legal and human rights. The findings of the fact finding mission are followings:
Mrs. Yiasmin Akhter Bulbuli, Sister in law of the victim strongly apprehended that his brother in was given electric shock at police station as they was unable to pay more bribe to the police official according to their demand previously. She also mentioned that the victim requested not to ask question about torturing being afraid of the police as they were always in present. If he told about torture, the policeman might be not gave him treatment or create more trouble. The police official denied to arrest the victim timely taking huge amount of bribe from the victim and his family. In spite of being healthy and vigorous during arrest, mysteriously the victim was seriously ill like dead at the police station by one night. In spite of being seriously ill in midnight at police station, the victim was not admitted the hospital for adequate treatment. The police official at police station demanded bribe for treatment of the victim as well as the court police also demanded and taken bribe to allow his wife to talk at court premises. In spite of issuing direction to provide proper treatment learned court, the jail authority failed to provide the victim adequate treatment. The victim’s physical condition was deteriorating in midnight, but the jail authority did not take step to admit him Sador hospital for his better treatment. Though the victim was admitted in Hospital on following day morning, he was kept in bar fetters (danda beri ) and hand cuff fastened with bed by thick rope. Though the victim condition was being deteriorated, his family member was not allowed to nursing him in hospital. Though the police official at Badalgachhi police station admitted that they took some money from the victim and his family illegally, but they proudly mentioned that they were entitled to take such kind of money from the accused as their cost of fuel, tea and cigarette. As all member of Badalgachi police station from Officer in Charge to constable of Naogaon were involve with taking illegal money as bribe, the Officer in Charge (OC) and also the Superienten of Police (SP) of naogaon district did not take any initiative to take step against the allegation of taking bribe made by the victims family. After the death of the victim, though the accused police man ASI Rabiul Islam assured Mr. Abdul Jalil, Member of Mithapur Union Parishad that he would back the money to the victim family by December 25, 2011 evening, he did not back it. When Mr. Jalil asked the accused policeman about his promises through mobile phone in presence of fact finding team, he told that already he backed it to the Chairman of Mithapur Union parishad. But Al Haz Mohiuddin alamgir, Chairman of the said union parishad told the fact finding team that he has no contact with the policeman about this matter of money. Please See the video statement: The inquet report of the deadbody was prepared by a poice official, signed by an Executive Magistrate on the same evening and the inquest Report claimed that there was no sign of injury on the body of the deceased. The inquest report attempted to establish that victim died naturally without torture or negligence of treatment. The civil, prison, hospital and police administration jointly suppressed the facts regarding the custodial torture and negligence of adequate treatment Finally, the environment of Naogaon jail is so unhygienic. There is remaining accommodation problem, sanitation problem, lack adequate food & water as well as lack of proper treatment. Even there is no doctor in Jail hospital.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. Bangladesh is also a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), since October 1998. However, by refusing to implement Article 14 of CAT, an integral part of the convention which guarantees victims the legally-enforceable right of redress, rehabilitation and compensation, the government has effectively negated its commitment to the entire treaty.
In sum, despite joining CAT and having a constitutional provision prohibiting torture, the Government of Bangladesh has taken no steps to criminalise 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.
Recommendations:
JusticeMakers Bangladesh urges the government of Bangladesh to:
- To institute an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of death of Mr. Abdul Bari Dulu, taking illegal money as bribe by police both in police station and court as well as kept him in bar fetter at hospital bed and publish the report at the earliest;
- To ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this gross violation of human rights;
- To provide adequate financial compensation to the victim’s family; as well as guarantee the physical and psychological integrity of victims family
- To ratify the Optional protocol to the Convention Against torture and other inhuman, cruel or degrading punishment or treatment (OPCAT);
- To ensure the adequate accommodation, food, water, sanitation and proper treatment facility in jail custody;
- To reform the jail code and prison centre for better service in jail custody;
- To ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
- To provide human rights education and training to the concerned personnel related to the police station, court, hospital and prison centre;
- To remove reservation from Art.14 of Convention against Torture.
THE END
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JusticeMakers Bangladesh
(A human rights organization for legal aid, rehabilitation & awareness)
The JusticeMakers Bangladesh has been initiated on 2010 by a group of young, energetic and experienced lawyer & social activist in the field of human rights in Bangladesh with a promise to human rights, justice and rehabilitation among community level for the protection and promotion of human rights and ensuring the respect and realization of the Universal Declaration of Human Rights and the fundamental provisions of the Constitution of Bangladesh as well as providing humanitarian assistance to the victim of violation and discrimination in the country. Since the inauguration of JusticeMakers Bangladesh is devoted to serve mankind specially who are victim of torture and organized violence as well as other form of human rights violation and discrimination. JusticeMakers Bangladesh was born and brought up to remain beside the victim of torture, mal treatment and organized violation as well as other form of violation indifferent to race or religion, sex or age.
Vision: A country without any form of human rights violation and discrimination. The main spirit covers three main thematic areas- justice, rehabilitation and awareness.
Mission:
§ To insure human rights throughout the country through maintaining the legal and financial rights of the all Bangladesh people;
§ To serve mankind especially who are victim of torture, mal treatment and organized violence as well as other human rights violation indifferent to race or religion, sex or age;
§ Enable the government and the non-government organizations to observe, learn and understand closely and concretely the impacts of different legislations on the life and livelihood of common people.
Objective:
§ To provide legal aid and legal counselling to community members through their respective organizations as well as in centre;
§ To organize seminars, workshops, symposiums, rallies, human chains and view exchange meetings on various human rights related issues and attending such programmes organized by others;
§ To provide training especially on paralegal and human rights aspect to community organizers as well as conduct a summer course on human rights for university graduates and law enforcing agencies;
§ To promote legal & human rights literacy, which includes translating and publishing handbooks of law in layman`s language and a training manual on human rights;
§ To establish a human rights documentation and information centre to ensure exchange and dissemination of human rights violation;
§ To publish a weekly "Law Corner" in a popular magazine, with cartoons to simplify legal problems and to respond to inquiries about legal problems for those who need legal advice and cannot receive it;
§ To conduct lobbying, campaign and advocacy activity to protect and promote human rights in national and international level;
§ To conduct research on legal and human rights aspect as well as conduct fact finding and issue urgent appeal/action regarding violation of human rights;
- To build up institution as well as human rights defender in community level.
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