BANGLADESH: Continuous legal harassment against Bangladeshi lawyer, human rights defender and blogger Mr. Shahanur Islam
Dear Friends,
Bangladesh Institute of Human Rights urges your prompt and urgent intervention on the continuous legal harassment against Bangladeshi lawyer, human rights defender and blogger Mr. Shahanur Islam, who is implicated with a false and fabricated criminal charge due to his constant battle against gross human rights violations as well as fighting to ensure constitutional recognition of LGBT rights in Bangladesh.
BIOGRAPHIC INFORMATION:
Name & Identity of the Victim : Mr. Shahanur Islam @ Saikot @ Dulal, Secretary General and Honorary Executive Director of Bangladesh Institute of Human Rights (BIHR). He is an enrolled as an Advocate under the Bangladesh Bar Council as well as is a member of district Bar Association Naogaon and Dhaka. He is also an International Member of Amnesty International and administrator of the online LGBT Bengali portal বৈচিত্র্য.বাংলা
In the course of his professional duties, he deals with many legal cases against perpetrators at court. He has also conducted many fact-finding missions on human rights violations as well as issued local and international urgent appeals requesting attention to concerned authorities. Due to his vital role for the protection and promotion of human rights and criminal justice in Bangladesh, he was the recipient of the Asia JusticeMakers Fellowship-2010, awarded by International Bridges to Justice (IBJ), Switzerland
Name & Identity of the Perpetrators : i) Md. Jahurul Islam, Member, District Council, Naogaon, President, Jubodal (youth wing of Bangladesh Nationalish Party (BNP), Biashbari Union Council Branch, Badalgachhi Upazila, Naogaon;
ii) SM Jobayer Hossain, Sub-Inspector of Police, Badalgachhi Police Station, Naogaon;
iii) Md. Mahbubur Rahman, Assistnt Sub-Inspector of Police, Badalgachhi Police Station, Naogaon;
iv) Jalal Uddin, Officer in Charge, Badalgachhi Police Station, Naogaon.
Date & time of the Incident : December 21, 2017 around at 6:00 am
Number and date of General Diary : Badalgachhi Police Station GD # 886, December 23, 2017
Number and date of the case : Badalgachhi Police Station Non-Government Register Prosecution # 1, January 29, 2018
Section : 427 & 506 under Penal Code of Bangladesh
Date of Issue Warrant of Arrest by Court : February 14, 2018
CASE DETAILS:
On December 23, 2017, Md. Jahurul Islam, Member of District Council, Naogaon as well as President of Jubodal (youth wing of Bangladesh Nationalish Party (BNP), Biashbari Union Branch, Badalgachhi Upazila, Naogaon intentionally made a false and fabricated allegation against Mr. Shahanur Islam @ Saikot @ Md. Dulal Hossain and others two member of his family. In his allegation Md. Jahurul Islam stated that on December 21, 2017 around at 6:00am Mr. Shahanur Islam and his other two family members intimidated him with death threats using deadly weapon after committing mischief and thereby causing damage to his crops, for an amount of 5000.00 taka.
After receiving the allegation, Badalgachhi Police Station, Naogaon registered a General Diary being Badalgachhi Police Station GD number 886, dated on December 23, 2017 against Mr. Shahanur Islam @ Saikot @ Md. Dulal Hossain and others two members of his family with a charge of mischief causing damage and criminal intimation to Md. Jahurul Islam.
Then on January 2, 2018, SM Jobayer Hossain, Sub-Inspector of Police, Badalgachhi Police Station, Naogaon prayed to the concern Senior Judicial Magistrate to investigate the issue. After obtaining permission, Mr. Hossain submitted the prosecution report being Non -Government Registered Prosecution Number 1/2018 against Mr. Shahanur Islam and his other two family members under section 427 & 506 of the Penal Code to the concerned court on January 29, 2018 through interconnecting and conspiracy with each of the perpetrators.
Then on February 4, 2018 the concerned court took the allegation in cognizance and issued the summons against Mr. Shahanur Islam and his two family members to present before the court on February 14, 2018 and asked the Badalgachhi Police Station to ensure the execution of Summon to Mr. Shahanur Islam and his others two family members.
Then on February 12, 2018, Md. Mahbubur Rahman, Assistnt Sub-Inspector of Police, Badalgachhi Police Station, Naogaon executed the summons forging the signature of Mr. Shahanur Islam and his other two family members through interconnecting and conspiracy with each of the perpetrators and submitted the report of Summons execution to the concerned court.
Then on February 13, 2018, the concerned court issued the Warrant of Arrest against Mr. Shahanur Islam and his other two family members. Then on February 22, 2018 Mr. Shahnur Islam voluntarily surrendered before the concerned court and the learned court granted him bail.
It is to be noted that Mr. Shahanur Islam was flying back from Dubai to Dhaka by Emirates Airlines Flight number EK 0582 at the date and time of the alleged offence.
BIHR FINDINGS:
This is not an isolated instance of such kind of legal harassment on lawyers, human rights defenders and bloggers in Bangladesh. It is a very common phenomenon for professionals like lawyers, human rights defenders and bloggers of Bangladesh to face attacks, harassment, ill treatment, death threats from members of political parties, terrorist threats and attacks from law-enforcement agencies and security forces. It is well known that Bangladesh has cultivated one of the leading cultures of impunity to alleged perpetrators of human rights abuses. Instead of improving the country’s human rights record the government of Bangladesh has paved the way to attack the rights of citizens through various means of violations.
RECOMMENDATIONS:
- BIHR strongly urges the authorities to take the issue of legal harassment made against Mr Islam seriously and to fully and immediately investigate this recent incident of legal harassment made against Mr. Shahanur Islam, 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;
- Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity, safety and well-being of Mr. Shahanur Islam;
- Put an end to all acts of harassment against Mr. Shahanur Islam as well as against all human rights defenders in Bangladesh;
- 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.
SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate this alleged incident of violence ensuring the security of the 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.
PLEASE SEND YOUR LETTERS TO:
1. Mr. Md. Abdul Hamid
Preident of People’s Republic of Bangladesh
President’s Office
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041-50
Fax: +88-02-9585502 (Secretary)
Email: president@bangabhaban.gov.bd
2. Mrs. Sheikh Hasina
Prime Minister
Government of the People’s Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
3. Mr.Justice Mahmud Hossain
Chief Justice of Bangladesh
Supreme Court of Bangladesh
Dhaka 1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
4. Mr. Anisul Huq
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat ,Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
5. Mr. Asaduzzaman Khan
Minister
Ministry of Home Affairs
Bangladesh Secretariat,Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
6. Kazi Reazul Hoque
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
BTMC Bhaban (8th Floor)
7-9 Kazi Nazrul Islam Ave, Kawran Bazar,
Dhaka-1215
BANGLADESH
Phone PABX # 88-02-55013726-28
FAX # 88-02-55013725;
E-mail: info@nhrc.org.bd
7. Dr. Mohammad Javed Patwary
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
6,Phoenix Road,
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
We trust that you will take immediate action regarding this serious matter.
Thank You
Urgent Appeal Desk
Bangladesh Institute of Human Rights (BIHR)
27, Bijoy Nagar, Dhaka-1000, Bangladesh
Cell: +88 017 20308080, email: bihr.bd@gmail.com
http://www.ibj.org/programs/justicemakers/fellows/2010-asia-justicemakers-fellows/shahanur-islam-2/
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