UPDATE (Bangladesh): Police seriously intimidate and threaten victim, her husband and her witnesses 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-058-2006
ISSUES: Sexual violence, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that Mrs. Shahin Sultana Santa, a woman who we reported was tortured by the police in Dhaka, despite being pregnant and who has since had three fabricated cases filed against her, is now receiving credible threats – including death threats – by her alleged perpetrators. In fact the police have threatened and intimidated Santa and her husband, Mr. Atiur Rahman to such a degree, that both are now in hiding and fear for their lives. Additionally, the police are also harassing the witnesses in Santa’s case and on March 23 they arrested one. To see details of the original case please refer to: UA-105-2006.

In recent days the police have paid frequent visits to Santa’s house, forcing her and her husband to leave out of fear for their safety. However, although they have fled, the couple continue to receive threats, by way of telephone calls, from the police who are trying to coerce Santa into withdrawing the two cases she lodged against them, following their brutal torture of her on 12 March 2006. Such coercion has also been directed at the witnesses in the case with the police trying all possible to ensure that neither Santa, her husband, nor her witnesses provide evidence or give statements to the judicial inquiry committee. This, the police hope, would result in the two cases being discharged from the courts, which would relieve them of their crimes.

At the same time, it is believed that the police are influencing those persons who have filed three separate cases against Santa, including two that involve her husband. Of further concern is that the police involved in the cases that Santa has filed, are also the investigating officers in the three allegedly fabricated cases against Santa. This, no doubt, raises serious issues as far as conflict of interest is concerned.

Mr. Atiur holds grave fears that his wife’s life is in danger, having been informed of this by credible sources.

Meanwhile, on March 23 one of the witnesses in Santa’s case, Mr. Zakir went to the Magistrate’s office in order to give evidence regarding Santa’s case filed with the Chief Metropolitan Magistrate’s (CMM) Court under section 10/30 of the Women and Child Repression (Prevention) (Special Provision) Act – 2003. He did this despite the continuous intimidation and threats made against him by the police. However, some time shortly after leaving the Magistrate’s office, Zakir was arrested. The police have also been threatening other witnesses in Santa’s case by frequenting their homes.

The police are also trying to establish Santa as a political activist and criminal. However, the leaders of the  main opposition political party, the Bangladesh Awami League, have declared that Santa is in no way involved with any section of their party.

The Supreme Court Bar Association has decided to extend legal support to Santa for her cases against the police. Santa’s lawyers have claimed that two of the persons who lodged cases against Santa have provided false addresses in their claims. This, they believe, further discredits these persons and the cases they are bringing against Santa.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to take measures to ensure that the intimidation of the victim, her husband and the witnesses in her case is stopped. Please ask that the judicial inquiry committee investigates impartially and immediately into the incident. Please urge the government to release the arrested witness of Santa’s case and to restrain from doing so further. Santa, her husband and the witnesses must be afforded appropriate security and protection during the judicial investigation and the trial. Please highlight that appropriate compensation must be afforded to the victim.

 

 

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

SAMPLE LETTER

Dear ______________,

BANGLADESH: Police seriously intimidate and threaten victim, her husband and her witnesses

Name of victim: Mrs. Shahin Sultana Santa (34), wife of Mr. Atiur Rahman (a lawyer by profession), former residents of house number 7/A (3rd Floor), Road number 10, Mohammadia Housing Society under Mohammadpur police station in Dhaka
Name of alleged perpetrators:
1. Mr. Mazharul Haque, Deputy Commissioner of Police (South Zone), Dhaka Metropolitan Police (DMP)
2. Mr. Kohinur Mian, Deputy Commissioner of Police (West Zone), Dhaka Metropolitan Police (DMP)
3. Mr. Ruhul Amin, Police Constable of the Dhaka Metropolitan Police (DMP)
4. Around 20 to 25 police personnel of the Dhaka Metropolitan Police (DMP)
Date of original incident: 12 March 2006
Place of incident: Mirpur Road, in between Manik Mian Avenue and Road number 27 of Dhanmondi R/A in Dhaka

I am appalled to learn that Mrs. Shahin Sultana Santa, a woman who was tortured by the police in Dhaka, despite being pregnant and who has since had three fabricated cases filed against her, is now receiving credible threats – including death threats – by her alleged perpetrators. The police have threatened and intimidated Santa and her husband, Mr. Atiur Rahman to such a degree, that both are now in hiding and fear for their lives. Additionally, the police are also harassing the witnesses in Santa’s case and on March 23 they arrested one.

These incidents of threat and harassment by the police are an attempt to coerce Santa into withdrawing the two cases she has lodged against them, following their brutal torture of her on 12 March 2006. Such coercion has also been directed at the witnesses in the case with the police trying all possible to ensure that neither Santa, her husband, nor her witnesses provide evidence or give statements to the judicial inquiry committee. In fact the police have gone to such an extent that they arrested one of the witnesses, Mr. Zakir on March 23. This type of conduct by the police is an attempt to have the two cases filed against them discharged from the court, which would relieve them of their crimes.

The police are also trying to establish Santa as a political activist and criminal. However, the leaders of the main opposition political party, the Bangladesh Awami League, have declared that Santa is in no way involved with any section of their party. 

At the same time, it is believed that the police are influencing those persons who have filed three separate cases against Santa, including two that involve her husband. Of further concern is that the police involved in the cases that Santa has filed, are also the investigating officers in the three allegedly fabricated cases against Santa. This, no doubt, raises serious issues as far as conflict of interest is concerned.

I am deeply concerned about many different factors in this case; the threats being directed at Santa, her husband and witnesses; the allegedly fabricated cases filed against Santa; the need for witness protection; the police bullying; and the investigations ability to achieve justice for all concerned. Accordingly, I call on you to intervene in this case. I urge you to take measures to ensure that the intimidation of the victim, her husband and the witnesses in her case is stopped. Please ask that the judicial inquiry committee investigates impartially and immediately into the incident. Please urge the government to release the arrested witness of Santa's case and to restrain from doing so further. Santa, her husband and the witnesses must be afforded appropriate security and protection during the judicial investigation and the trial. If the alleged perpetrators are found guilty at the end of the trial, they must be held accountable for their crimes and punished exemplarily. Compensation must also be afforded to the victims of this case.

I trust that you will take immediate action in this case.

Yours sincerely

--------------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Sayed 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

2. 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

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

4. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054(O)/ +88-02-7176451/ +88-02-7176677        
Fax: +88-02-9563362 (O)/ +88-02-9563363

5. 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 (O)/ +88-02- 8316248
Fax: +88-02-8322746 (O)

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

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

8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms. Vernonica Birga 
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (Attn: Special Rapporteur on Violence against Women)
Email: lohanlon@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org

Document Type : Urgent Appeal Update
Document ID : UP-058-2006
Countries : Bangladesh,
Issues : Sexual violence, Violence against women, Women's rights,