BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-243-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by a reliable source of the illegal arrest, detention and torture of Mohammad Abul Kashem Gazi, by policemen attached to the Khilgaon police on 24 November 2005. Mohammad was on his way to a market to buy spare parts for his refrigerator shop, when he was assaulted by the policemen after being stopped in front of their police station.

After being arrested without any charges, the Khilgaon police detained him overnight. At this time, he was deprived of food and medical treatment. Three policemen, including the Officer-in-charge (OC) of the police station were allegedly responsible for torturing the victim, who sustained considerable injuries.

According to the information received, Kashem has filed a case with the Chief Metropolitan Magistrate’s Court in Dhaka against the policemen involved.

In light of this case, the AHRC urges you to call upon the relevant authorities in Bangladesh, in particular the Inspector General of Police (IGP) and the Ministry of Home Affairs to take disciplinary and necessary legal action against the policemen involved. The victim must also be afforded with medical assistance and compensation.

Further, please urge the Government of Bangladesh to enact domestic legislation in full conformity of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) without delay, to which they have acceded. The AHRC is deeply concerned that unless a domestic law on torture is enacted, there would be no recourse to victims of torture to seek justice and redress.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victim: Mohammad Abul Kashem Gazi, a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit of the Awami Jubo League in Dhaka City
Name of alleged perpetrators: Chowdhury Tarikul Alam, Officer-in-Charge (OC), Havildar Delwar Hossain and Sepoy Mosharaf Hossain attached to the Khilgaon police station of the Dhaka Metropolitan Police (DMP)
Date and place of incident: 24 November 2005 at the street in front of the Khilgaon police station

Case details:

On 24 November 2005, at around 9am Mohammad Abul Kashem Gazi was on his way to the Taltala machineries market to buy spare parts for his refrigerator shop when stopped by a number of policemen in front of the Khilgaon police outpost. Three of the policemen, namely Chwodhury Tarikul Alam – the Officer in Charge (OC); Delwar – the Havildar; and Mosharaf Hossain – the Sepoy, all from the Khilgaon police station, started assaulting Kashem along the street.

Kashem was later taken to the Khilgaon police station where he was detained overnight. The police also took his mobile phone. While in police custody, Kashem was severely tortured by three policemen and was not given food. He suffered severe injuries as a result of the incident.

The next day, Kashem was produced before the magistrate court where he was released on bail due to his health conditions.

It is reported that on November 25 he was charged under section 54 of the Criminal Procedure Code (Cr.PC) by the Khilgaon police. This law is commonly abused by the Bangladeshi police in arresting persons without charges.

On December 19, Kashem filed appropriate charges against the policemen involved after being treated for his injuries. Kashem is a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit Awami Jubo League of the Dhaka City. It is reported that when Kashem mentioned to the police that he was the leader of the Awame Jubo League (youth front of the main opposition party) during his detention, the officers became more violent.

After recording Kashem’s statement in court, Magistrate Mr. AJM Abdullahel Baki ordered the Deputy Commissioner (DC) of the Detective Branch (DB) of the Dhaka Metropolitan Police (DMP) to initiate an investigation into the case.

SUGGESTED ACTION:

Please send a letter to the Inspector General of Police and other persons listed below expressing your serious concern about Mohammad Abul Kashem Gazi’s case. The government agencies concerned must initiate appropriate measures to investigate the alleged illegal arrest, detention and severe torture of the victim.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Mr. _______________,

Re: BANGLADESH: Illegal arrest, detention and severe torture of a man by Khilgaon police

Name of victim: Mohammad Abul Kashem Gazi, a businessman and a refrigerator mechanic. He is also the Vice President of Ward no. 34 unit of the Awami Jubo League in Dhaka City 
Name of alleged perpetrators: Chowdhury Tarikul Alam, Officer-in-Charge (OC), Havildar Delwar Hossain and Sepoy Mosharaf Hossain attached to the Khilgaon police station of the Dhaka Metropolitan Police (DMP)
Date and place of incident: 24 November 2005 at the street in front of the Khilgaon police station

I am writing to bring to your attention the case of Mohammad Abul Kashem Gazi. I have learned that Kashem was assaulted, illegally arrested and detained and severely tortured by policemen attached to the Khilgaon police on 24 November 2005. The incident took place in front of the Khilgaon police station when Kashem was on his way to a market to buy spare parts for his refrigeration shop.
 
According to the information I received, the police assaulted him on the street even though there are no charges against him. He was taken to the police station where he was further tortured overnight and was deprived of food. He sustained severe injuries as a result of this incident. Additionally, Kashem’s mobile phone was also taken by the policemen.

In light of this, I urge you to commence an impartial and thorough investigation into the victim’s allegation against the policemen without delay.  If it is found that the alleged perpetrators committed offenses against the victim, appropriate charges must be filed against them. He must be reimbursed for the medical treatment he had to undertake, and appropriate compensation must also be afforded to him. 
  
I have learned that police abuses are common in many of Bangladesh’s police stations as well as among other law enforcing agencies. This reflects their inadequate investigation skills and their arbitrary use of powers.

I urge the Government of Bangladesh to enact domestic legislation declaring torture as crime. I am aware that the Bangladeshi government has acceded to the provision of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but has failed to enact laws in full conformity of the Convention.

I look forward to your urgent intervention in this matter.

Yours sincerely,

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PLEASE SEND LETTER TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363

2. Mr. SM Mizanur Rahman 
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746, 8316248, 8855922 
Fax: +88-02-8322746

3. Mr. Md. Lutfozzaman Babor
State Minister 
The Ministry of Home Affairs
Government of the Peoples’ Republic of Bangladesh 
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069, 8359000
Fax: + 88-02-7160405, 7164788

4. Mr. Anwarul Karim
Joint Secretary (Police)
Ministry of Home Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7164680, 8953012 
Fax: +88-02-7171592

5. Mr. A. J. Mohammad Ali
The Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

6. Mr. Syed J. R. Mudassir Husain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn:Mr.Sarir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-243-2005
Countries : Bangladesh,
Issues : Torture,