DIRECT LEGAL AID:

Warrants Issued for Arrest of Four Policemen Alleging Torture in Remand

Posted on January 17, 2011. Filed under: DIRECT LEGAL AID:, LEGAL COUNSELING:, NEWS, PUBLIC INTERST LITIGATION: |

On Wednesday September 22, 2010, the Chief Metropolitan Magistrate Court (CMM) Dhaka issued a warrant for the arrest of four police officers, prominent among them former Ramna officer-in-charge Mahbubur Rahman. The officers are accused of torturing Mohammad Abu Abbas Bhuiyan, a Chhatra League leader in their custody.

The initial arrest took place after Professor Humayun Azad was seriously injured during an assault in front of the Bangla Academy on his way back home on February 27, 2004. The next day, police arrested Abbas, the Mass Education Affairs’ secretary at the Bangladesh Chhatra League, for the attack on Professor Azad.

Following his arrest, Abbas was taken to the Ramna police station where four police officers tortured him in order to extract a confession. He was released on bail after 14 days.

In the subsequent probe of the assault, completed on November 15 of 2007, charges were only pressed against Jama’atul Mujahedin Bangladesh members; Abbas’ name was dropped from the investigative documents after the probe.

On March 5, 2008 Abbas filed suit at the Dhaka Chief Metropolitan Magistrate’s Court. In his suit he accused Luftuzzaman Babar, former state minister for home, Mahbubur Rahman and three other police officials of torturing him during his detention.

JusticeMaker Fellow 2010 Shahanur Islam (far right) with the victim outside court

As a result of this suit , Metropolitan Magistrate Mehedi Hasan Talukder ordered the police detective branch (DB ) to review of the initial investigative report.  Its findings, released on June 14, 2008 by inspector Abul Kalam Chowdhury, found that Abbas’ claims were ‘false’ as no instance of torture had taken place.

Abbas’ lawyer submitted a petition expressing ‘no confidence’ in the report, submitted on July 23, 2009, leading Metropolitan magistrate Faisal Atiq bin Kader to order further inquiry. The case was handed to the Criminal Investigation Department (CID) on July 23, 2010. This secondary review, released on August 19, found Abbas’ allegations to be true.

‘The four policemen have committed offences under Section 330, 331 and 34 of the penal code by physically torturing Abbas at the Ramana police station in the period between February 28, 2004 and March 3, 2004 in the name of extracting confession from him,’ the investigation report by CID inspector Ehsan Uddin Chowdhury stated.

The court also asked serving Ramna police officer-in-charge Shibli Noman to report back on execution of the warrants by October 26. The warrants were issued for former officer-in-charge Mahbub, currently on suspension, subinspectors Rezaul Karim, now posted to the Pabna Kotwali station, Naser Ali, employed with the Special Branch (Dhaka city), and sergeant Anwar Hossain, who has been sent to the Jatrabari police force.

Legal assistance was provided to Abbas by the Bangladesh institute of Human Rights (BIHR). He was represented by Advocate Shahanur Islam during the hearing on behalf of BIHR. Shahanur is a winner of an International Bridges to Justice competition, making him a 2010 JusticeMakers fellow.

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Shahanur Records Another Success in his Bid to Free Bangladesh from Torture

Posted on January 17, 2011. Filed under: DIRECT LEGAL AID:, DOCUMENTATION:, FACT FINDING INVESTIGATION:, HOTLINE:, LEGAL COUNSELING:, LOBBY, CAMPAIGN & ADVOCACY:, NETWORKING:, NEWS, PUBLIC INTERST LITIGATION:, URGENT APPEAL: |

In his continuing bid to end torture in Bangladesh, JusticeMaker Shahanur Islam Saikot, has offered legal aid to ethnic and racial minorities in and around Dhaka. His latest case is the story of Shila Mollick, a housewife tortured by the police for reporting a crime.

On January 04, 2011 Justices A H M Shamsuddin Chowdhury and Sheikh Zakir Hossain issued summons for Madaripur district police superintendent, Sarder Tamijuddin Ahmed, and officer-in-charge (OC), M Moshiur Rahman, who stand accused of torturing Shila.

Shila’s husband had previously been severely assaulted and she felt the police had not sufficiently investigated the case. On October 05 2010, Shila wanted to lodge a complaint highlighting the negligent behaviour of the officers. According to her account, the police superintendant, Mr. Sarder, was unhappy by her statement and tried to force her to withdraw the case. When she refused, he violently assaulted Shila causing significant injuries to her arm, neck and back. Fearing further recriminations, Shila dared not approach the local hospital, and instead had to wait two days before visiting Dhaka Medical College Hospital, on October 07.

Shila took her case to Shahanur, who documented the claim and alerted the authorities to Shila’s plight. Since these issues have come to light, the courts have issued an order asking the home secretary, law secretary, police inspector general and deputy inspector general to investigate her complaints. The superintendant and officer in charge are now required to ensure Shila’s safety while the case progresses. The law secretary has been asked to form an investigative committee.

All of this is due to the work of Shahanur, who, through the JusticeMaker grant, is able to support the powerless in their struggle for justice. To ensure that this does not happen again, Shahanur will also file another case with the chief magistrate court pressing criminal charges against the perpetrators within the next week.

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JusticeMaker Shahanur Islam Works to Resolve Case of Unlawful Arrest

Posted on January 17, 2011. Filed under: DIRECT LEGAL AID:, FACT FINDING INVESTIGATION:, LEGAL COUNSELING:, NEWS |

On October 6, 2010, Mr. Mokhlesur Rahman Badal was arrested by the Drug Control Directorate police of the Ramna zone in the Dhaka metropolitan area. He was detained on the charge of being an accomplice to a drug smuggler who resided in the same building.

On October 12, 2010, Adv. Shahanur Islam Saikot, JusticeMaker Fellow 2010, and also Executive Director of Bangladesh Institute of Human Rights (BIHR) took up Mr. Badal’s defence and conducted interviews with the accused and his family. Additionally, Shahanur visited the relevant authorities to inquire about the reasons for arresting Mr. Badal and the police’s interrogation techniques. However, the police did not supply him with the requested information.

According to the family’s statement, Mr. Badal was seized in his home where he lives with his wife and two children, in a building in which he is  also employed as the caretaker. At noon on October 6, police entered his workplace and arrested him. According to the family’s statement, after violently assaulting Mr.Badal, the police searched his house without a search warrant, allegedly looking for drugs. None were recovered, however they found BDT 11,000.00 (USD$156), which they confiscated.

According to Mr. Badal, upon being brought to the Rama Zone office of Drug Control Directorate in Dhaka, the police used brutal interrogation techniques in attempt to coerce a confession. Throughout the incident, the police never provided evidence for their accusations, simply citing Mr. Badal’s physical proximity to a drug dealer living in the same building as their reasoning for his probable guilt.

Adv. Shahanur Islam Saikot talking with the wife and daughter of the accused

Shahanur has applied for bail on Mr. Badal’s behalf, and currently, Mr. Badal is in jail awaiting a court order that would grant him release.  He maintains his innocence.  Shahanur has vowed to continue to work with the Badal family to resolve this matter.

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