UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

12 March 2007

[RE: UA-035-2007: BANGLADESH: Human rights defender and his father have gone into hiding due to harassment by the army in Khulna]
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UP-034-2007: BANGLADESH: Police investigation started on harassment of human rights defender and his father by the army in Khulna

BANGLADESH: harassment from army soldiers; fabricated accusation; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that the police authority has started an investigation into the alleged harassment of a human rights defender, Mr. F M Abdur Razzak and his father, Mr. Nur Ali Fakir who were summoned twice by the Army in Paikgachha under Khulna district on 24 January 2007 (Please see UA-035-2007 for further details). The Assistant Superintendent of Police (ASP) of the Dakope Circle, Mr. Shugen Chakma, has started his investigation into the case forwarded by the AHRC in our previous Urgent Appeal. Please write to the relevant authorities of Bangladesh to publish the investigation report as soon as it is submitted to the authority. 

UPDATED INFORMATION:

According to information received from a reliable source, the Assistant Superintendent of Police (ASP) of the Dakope Circle of the Khulna district went to Paikgachha, on 8 March 2007, to investigate the case of the harassment of a human rights defender Mr. F M Abdur Razzak and his father Mr. Nur Ali Fakir since the state of emergency imposed in the country. The ASP Mr. Shugen Chakma called Mr. Razzak to the Paikgachha police station on the morning of March 8. The ASP informed Mr. Razzak that they received a letter from the Asian Human Rights Commission (AHRC) regarding the alleged torture of his family members during the Operation Clean Heart in 2002 and the recent harassment of him by the Army. Upon the request of the ASP, Mr. Razzak described the details of sufferings that he and his family sustained.

The police officer asked Mr. Razzak to prepare a written statement regarding his harassment and torture and that of his family, and told him to submit the statement to the on duty officer of the Paikgachha police station. Afterwards the ASP left for some relevant places and persons concerned with his investigation. It is reported that Mr. Shugen Chakma talked to the lawyers and the police officials of Paikgachha regarding Razzak's professional background, activities and the alleged harassment and torture to his family. It is also reported that the police authority asked Mr. Shugen to submit his investigation report by 14 March 2007 to the concerned office.

Mr. Razzak is now afraid of receiving harassment by the alleged perpetrators again in near future. He alleges that in the past the government also conducted investigations regarding such harassments of his family. However, they did not take any action against the alleged perpetrators. Who subsequently doubled their efforts to harass this human rights defender.
 
The Asian Legal Resource Centre (ALRC), a sister organization of the Asian Human Rights Commission (AHRC) documented the gravity of the human rights situation of Bangladesh, which was published in its bimonthly publication, article 2 (Vol. 5, No. 4, August 2006). For further information, please see: Lawless law enforcement and the parody of judiciary in Bangladesh). See also the 2006 AHRC Human Rights Report chapter on Bangladesh.

SUGGESTED ACTION:

Please send a letter immediately to the relevant Bangladesh authorities listed below urging them to conduct the ongoing investigation fairly and impartially. Please also urge them to publish the investigation report in public and bring the alleged perpetrators before justice.

Sample Letter:

Dear __________,

BANGLADESH: Police investigation started on harassment of human rights defender and his father by the army in Khulna

Name of the victims:
1. Mr. F M Abdur Razzak, aged 42, Editor of the Gonomichhil (a fortnightly newspaper) and General Secretary of Human Rights Development Centre (HRDC) of Paikgachha, son of Mr. Nur Ali Fakir, living in Godaipur village under the Paikgachha police station in the Khulna district, Bangladesh
2. Mr. Nur Ali Fakir, aged 75, living in Godaipur village under the Paikgachha police station in the Khulna district, Bangladesh
Alleged perpetrators:
1. Major Mr. Mizanur Rahman, Commander of the Army Team deployed in Paikgachha
2. The personnel of the Bangladesh Army deployed in the Paikgachha police station in Khulna district
Date of incident: 24 January 2007
Place of incident: Paikgachha in Khulna district, Bangladesh

I am writing to say that I welcome the news that the Paikgachha police station in Khulna has started investigations into the case of the alleged harassment of a human rights defender and his father by the army personnel on 24 January 2007.

According to the information I have received, on 8 March 2007, the Assistant Superintendent Police (ASP) of the Dakope Circle of the Khulna district, Mr. Shugen Chakma, started his investigation into the alleged harassment of human rights defender Mr. F M Abdur Razzak and his father Mr. Nur Ali Fakir.

To quickly review the original incident, the victim and his father were called by the Army to come to the Paikgachha Army Camp (temporarily established in the Lona Pani Kendra Motso Gobeshana Saline Water Fisheries Research Institute) in Paikgachha town by 10:00 am on 25 January 2007. The family members of the victim were threatened by an Army officer that saying the all of the family members will receive huge damage if the victim and his father failed to show up to the camp. However since both of them could not find any reasons to be called by the Army officers they decided not to go to the camp. The victim has been receiving various intimidations because of the false allegations made by his neighbour against him.

While I welcome the investigation, I am concerned that the investigation should be impartial and thoroughly conducted. I was informed the investigation report is scheduled to be submitted to the concerned authority by 14 March 2007. I am aware that the investigation reports, in most cases, do not see the light of day in Bangladesh. I urge you that this investigation report will be published in public soon after it is completed. If it is found that the alleged perpetrators committed crimes against the victim, then they must be made accountable for their actions in accordance with laws.

I request you to take appropriate initiatives to save Mr. Razzak and his family from any further harassment and intimidations especially by the Army officers during the investigation process. The victim and his family must also be adequately compensated. Lastly, I strongly urge you to withdraw the state of emergency without delay.

I look forward your urgent intervention in this matter.

 
Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490

2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058

3. Barrister Mr. Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568

4. Lt. General Moeen U Ahmed
Chief of Army Staff
Bangladesh Army
Army Headquarters
Dhaka Cantonment
Dhaka
BANGLADESH
Tel: +880 2 9870011
Fax: +880 2 8754455

5. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677
Fax: +880 2 9563362 or 9563363

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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