BANGLADESH: Police negligence in the disappearance and killing of a man in Sunamganj district 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-158-2006
ISSUES: Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that the Chhatak police in Sunamganj district neglected to act on a complaint of a man’s disappearance, which may have resulted in the killing of the disappeared man. When the police were informed of the disappearance they refused to lodge a complaint regarding it, or investigate into it. Only after the victim’s dead body was found two days later, was a case lodged; but this time for murder. Since then the police have gone out of their way to protect the alleged perpetrators of the crime and have instead unofficially tried to place the blame of the victim’s death on his uncle.

On 6 May 2006, at approximately 8pm, Mr. Tera Mian was called by four of his neighbours from his house to join in a meeting regarding electricity supply problems in the village. Those four persons were Mr. Mokhozzil, Mr. Mamun Mian, Mr. Chan Mian and Mr. Motkin. They took Tera to a restaurant at Gobindaganj Bazar at around 9:30 pm on the same evening. Tera went missing that night. His family looked for him in different places, but could not locate him anywhere. Villagers from the victim’s home area caught two of the alleged perpetrators for their involvement in the disappearance and handed them over to the police. The detaining of these two persons should have been conducted by the police, but due to their complete inaction in this case, the villagers felt they had no choice but to act.

Tera’s maternal uncle and former member of local Union Council, Mr. Abdul Karim, made a complaint against the three persons with the Chhatak police station the following day. However, the police failed to record the complaint either as a General Diary or a First Information Report (FIR). The Officer-in-Charge (OC) of the Chhatak police station, Mr. Iqbal Hossain suggested Abdul Karim search for Tera in hospitals and other police stations. They then said that they (the police) would only record the complaint when Tera was found dead.

On May 8, Tera’s dead body was found in a Haor. After recovering Tera’s dead body the Chatak police lodged an FIR (number: 8) against nine persons under sections 364, 302, 201 and 34 of the penal code with the police station.

The family of the deceased alleges that if the Chhatak police had not ignored the complaint from Abdul Karim, then Tera could have been saved. Instead, the police protected the alleged perpetrators rather than taking steps to arrest them. It has also been learned that the police have now unofficially tried to implicate Abdul Karim in the victim’s death. The deceased’s family alleges that the police pursued a local newspaper, which published a report in favour of the alleged perpetrators quoting the Chhatak police. This was a blatant attempt at propaganda by the police to save the alleged perpetrators.  The family of the deceased is living in fear of police harassment and attack from the alleged perpetrators.

Meanwhile, Abdul Karim demanded a fair trial regarding the case and appropriate security for him in a press conference held at the Chhatak Press Club on May 15. He protested against the report published in the daily newspaper from Sylhet town.

SUGGESTED ACTION:

Please send a letter immediately to the Inspector General of Police and the other persons listed below expressing your concern about the actions of the police urging them to take prompt action to investigate the conduct of the police to ensure that justice is attained for the victim’s family. Please request them to arrange appropriate protection for the family of the victim and highlight that necessary compensation be afforded to them.

 

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

SAMPLE LETTER

Dear _______________

BANGLADESH: Police negligence in the disappearance and killing of a man in Sunamganj district

Name of victim (disappeared and killed): 
1. Mr. Tera Mian (25), son of the late Mr. Babru Mian, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district 
Name of victim (facing false allegations by the police of his involvement in this case):
1. Mr. Abdul Karim, son of the late Mr. Mokrom, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
Names of alleged perpetrators: 
1. Mr. Mokhzzal Ali, son of the late Mr. Azman Ali, living in Tajpur village under Chhatok police station in Sunamganj district 
2. Mr. Mamun Mian, son of Mr. Chan Mian, living in Tajpur village under Chhatok police station in Sunamganj district 
3. Mr. Chan Mian, son of the late Mr. Abed Ali, living in Tajpur village under Chhatak police station in Sunamganj district
4. Mr. Motokkin Mian, son of Mr. Kasa Mian, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
5. Mr. Salik Mian alias Salluk, son of Kasa Mian, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
6. Mr. Delwar Mian, son of Kasa Mian, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
7. Mr. Kasa Mian, son of the late Mr. Sharfot Ali, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
8. Mrs. Minara Begum, wife of Mr. Kasa Mian, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
9. Mr. Ashik Mian, son of Mortuz Ali, living in Roy Shontoshpur village under Chhatok police station in Sunamganj district
10. Mr. Iqbal Hossain, Officer-in-Charge (OC) of the Chhatak police station under Sunamganj district
Date of incident: 6 May 2006
Place of incident: The jurisdiction of the Chhatak police station area under Sunamganj district, Bangladesh

I am writing to bring to your attention the gross negligence of duty by the Chhatak police under the Sunamganj district.

According to the information I have received, four persons called Mr. Tera Mian from his house on 6 May 2006 and invited him to a restaurant at Gobindaganj Bazar where all four were later seen. However, Tera was disappeared shortly after. His family, having looked for him in different places, went to the Chhatak police station. On the afternoon of May 7 Tera's maternal uncle, Mr. Abdul Karim, who is a former Member of local Union Council, went to the Chhatak police to make a complaint regarding the disappearance. The police neither recorded his complaint as a First Information Report (FIR) nor a General Diary. The Officer-in-Charge (OC) of the Chhatak police station, Mr. Iqbal Hossain, refused to record the complaint and suggested that the family should search for the victim in hospitals and other police stations. He also callously said that when Tera was found dead only then would the police record the murder case.

On May 8, Tera's dead body was found in a local Haor. The police recovered the dead body and lodged a murder case against nine persons with the Chhatak police station under sections 364, 302, 201 and 34 of the penal code with the police station.

Instead of properly pursuing this case I have learned that the police have used a local newspaper to print a report in favour of the perpetrators. They have also attempted to implicate the victim’s uncle in the case in an attempt to deflect blame from the real perpetrators.

It is my understanding that prompt police action immediately after the disappearance of Tera could have saved his life. This failure of duty by the police only adds to their appalling conduct in now trying to frame the victim’s uncle rather than pursue the real perpetrators of this crime.

The family of the deceased are now living in fear and Abdul Karim’s future remains unclear owing to the allegations being made against him.

In light of this, I request that you ensure a fair and thorough investigation into the alleged conduct of the police.  If it is found that the alleged perpetrators committed crimes against the victims, then they must be held accountable for their actions and if found guilty of crimes, indicted under the prevailing domestic laws of Bangladesh. Legal action must also be taken against those police officers who refused the disappearance complaint and who are now trying to frame innocent persons of this crime.

Such negligence and action by the police is common practice in many parts of Bangladesh. This reflects the lack of training many government and police officers have in terms of commanding and investigation skills, and the excessive powers they wield and abuse.

Therefore, I urge the government officials in Bangladesh to consider reforming the current law enforcement system by introducing better training programmes for the police and other law enforcing agents and to make them more accountable for the abuses they have committed against ordinary citizens of Bangladesh.

I look forward to your urgent intervention in this matter.

Yours sincerely,
---------------
PLEASE SEND YOUR LETTERS TO:

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

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

3. 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 (O) or 8953012 (R)
Fax: +88-02-7171592

4. 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

5. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

6. Deputy Inspector General (DIG) of Police Sylhet Range
Office of the DIG Sylhet Range
Bandar Bazar, Sylhet
BANGLADESH
Tel: +88 0821 841181
Fax: +88 0821 840080

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Email: lventre@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-158-2006
Countries : Bangladesh,
Issues : Police violence,