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Commission
AHRC‐SPR‐008‐2008
Accountability ......
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BANGLADESH ‐ 2008 provided
the the
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commission ......
insidious detention ......
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charges
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THE STATE OF HUMAN RIGHTS IN
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INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian void
Arbitrariness Arbitrary Torture Fabrication Extra Violations The The The National The The Introduction
Rights
BANGLADESH
2 rruption and a range AHRC‐SPR‐008‐2008
ouncil, in which Bangladesh holds s. Under the state of emergency, r of the UN’s Human Rights Council place, with thousands having been a disposable prosecution, with many rization of State institutions leaves a National Human Rights Commission two main competing political parties ave been seriously undermined in the emoralization and fear in which those erson is in their custody. The fabrication of emergency was actually imposed on ce routinely abuse their power to extract luding its Chairperson and two members, deeply entrenched co s enabled the military to gain a strangled‐ degraded to a new low due to an ongoing ission does not allow the body to function ther than a few bureaucrats who have been control. Torture and ill‐treatment are a core institution in the country that is functioning idespread abuses. n incendiary combination. udiciary. Colonial‐legacy laws and institutions INTRODUCTION bjugation of individuals’ right
ILLEGAL EMERGENCY i The institution lacks staff, o announced the establishment of ts situation in the country has l state of emergency, which ha since its independence in 1971. The lack of an independent judiciary has imately, there is no competent tion, ill‐treatment and torture in police custody are commonplace and nces, notably as concerns the j commission
rights
human d INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian RIGHTS VOID RESULTING FROM INSIDIOUS MILITARISATION AND AN angladesh’s population, with the United Nations Human Rights C 008. ffectively and competently. Ult re at the root of many problems, but the failure by the authorities to reform these, compounded by their anuary 11, 2007, and has caused a significant decline in the human rights situation throughout 2007 and unjustifiable and unconstitutiona assigned to it, and, in addition, the law establishing the comm hold on power and the further su of grave human rights violations engendered a culture of impunity, which in without turn increases power the d live. Furthermore, B there is little interest membership, remaining all too silent at n the face of grave and w the international level for the plight Illegal of arrests, arbitrary deten constitute the means through which the authorities exert their component of interrogation and criminal investigation. The poli money and "confessions" from detainees by using force while a p of charges against detained persons is also used to threaten and punish persons. This is enabled by the lack of institutional checks and bala The country has never had an independent judiciary; it has had members of the judiciary being replaced each time of one of the comes to power. The justice system, as is the case with the police and other State institutions, is used as a weapon by the group in power against the other, with the people of Bangladesh caught in the crossfire. In September 2008, the authorities (NHRC). In reality, the top three appointments of the NHRC, inc were only made in late November. e to provide re ress to the victims of human rights abuses. The country began its three‐year membership as a founding (HRC) in June 2006. However, during this period, human rights h membe country. In 2008, the human righ a willingness to abuse the powers granted as a result, make for a fundamental rights have been suspended; mass subjected arrests have to taken ill‐treatment Bangladesh or on the torture; verge of absolute and military control. the The state pervasive milita J 2 Bangladesh has struggled with poverty, environmental disasters,
BANGLADESH
3 of
Rights
Against the
on Elimination
the
Convention
on
Convention AHRC‐SPR‐008‐2008
(ICCPR), the
Convention
Rights but its implementation of the
1 (CESCR), (CEDAW), Political
Rights talion have also been responsible for
protection of life and liberty, and the ed. The NCC, which exercises supreme onsolidate its power and control in the d the National Coordination Committee, was formed comprising senior generals fficers have insidiously taken up roles in ble state of emergency, accompanied by evel. The whole nation, from the local hich are evidently incapable of providing It pledged to separate the judiciary from and
siness institutions. Special Tribunals have struments, erty. It is party to the Convention Against charges have been lodged against many of
2 l actions perpetrated by the armed forces , is now under the grip of the armed forces. lated all of these rights on a grand scale and ry detention, fabrication of charges against ed during the state of emergency. The long‐ Women
ecides which allegations of corruption against corruption cases, was established without any Cultural Civil recent years, with impunity. It has arbitrarily ed general occupying the position of adviser to
ve’s control. To promote its election bid, it cited on
and
Against
Social
Convention Economic, Discrimination
of protocols. on
ency laws, denial of judicial remedy, torture, ill‐treatment and across the country. Military o International in prisons has also worsened. scale. Illegal arrests, arbitra
option rrests and detentions. Criminal 200 politicians and heads of bu al Coordinating Committee (NCC)
emic and perpetrators go unpunished. http://www.un.org/ga/60/elect/hrc/bangladesh.pdf
while in custody have increas ll sectors of public administration have been curtailed. The justice delivery the:
life of hundreds of persons in at: two Elimination Convention
commission
the the ICCPR
on the population. on latter’s pledges
the
rights
the to
(CERD),
and
party
human Convention is
Bangladesh’s
(CRC),
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian see
(CAT),
Discrimination Child
the
Bangladesh Please orruption Commission (ACC), which is the legally‐mandated body concerned with fighting corruption in eprived hundreds of thousands of persons of their right to lib ublic access and fair trials. as severely undermined the constitution through the unjustifia een set up to prosecute persons targeted by the authorities, w xtrajudicial killings of persons
ystem has effectively collapsed, notably concerning any illega h illegal laws and actions. The emergency has provided an opportunity for the military to ccountry. For example, the Nation freedoms of speech, assembly and association, but has since vio
1 The country is party to six major international human rights in e standing problem of overcrowding The Ministry of Home Affairs, the Anti‐Corruption Commission an have ordered massive arbitrary a these persons, including around
b p of the army and several top officials. This included of a retir the government. In this role, the retired general in question d politicians and businessmen will be filed and authority over all other institutions of the country regarding who will be charg legal provisions enabling it to take up this role. In this way, the NCC illegally superseded the Anti C the country. The armed forces remain deployed the civil administration, diplomatic operational administration to the national policy‐making levels offices and at the The development activities of a local l the executive, but it has, in reality, consolidated the executi constitutional guarantees, among them equality before the law, d Torture, but torture remains end Prior to its election to the HRC, Bangladesh pledged to protect and promote fundamental rights, but has since suspended many of these rights and violated many more. rights enshrined therein remains superficial and the victims of violations of these rights have virtually no access to remedies at the domestic level. For example, the country is party to the ICCPR, but has extra‐ judicially violated the right to s during their crackdown abusing human rights on a grand detainees being held under emerg The police and paramilitary forces such as the Rapid Action Bat Torture 2 of Racial BANGLADESH 4 AHRC‐SPR‐008‐2008 from prosecution.
adesh stem from the failings in the nce agencies and the armed forces, ied, notably for journalists and human the Code of Criminal Procedure‐1898, ns in pending serious cases, including y abdicating its inherent constitutional Accountability Commission, have been on the basis of a minor offence, such as A State under the emergency instruments. d persons or their relatives, who often, ation and threaten to implicate arrested bribes, which are typically beyond the ing their power in order to earn money. At is seeking to protect us crimes, if the bribes are not paid. In case ring, but rather can be the beginning of a lts in severe ill‐treatment or torture. Such the intervention of persons in a position of best, the person may be released from the ell‐known rich families, the arrested person ere is considerable and irresistible pressure ass the courts. enable the arrested person to secure release orce, which in Bangladesh is corrupt, violent nd instead contribute to their repression. On ons are subjected to threats and ill‐treatment government. als without any specific complaint, justification THE POLICE
ate's Court under Section 54 of on before a Magistrate's Court judiciary created controversy b police implicate innocent perso l abuse, the police use intimid critical of the actions of the M cated charges concerning serio money to the police as well as larly illegally arrest individu hrough executive order that byp commission
rights THE FAILURE OF THE INSTITUTIONS OF THE RULE OF LAW
human INTERNATIONAL HU AN RIGHTS DAY 2008 ‐ B NGLADESH asian ower, they may produce the pers nd undermines rather than enables the rule of law. apacity of the arrested persons. Failure to pay typically resu he front line between the State and the people is the police f udicial standards and the rule of law have repeatedly been undermined as the result of the releases of The freedoms of expression and opinion have repeatedly been den rights defenders. The media has censoring any news and opinions been monitored by the intellige
the local level, the police regu or legal basis. The motive is to extract money from the detaine ironically, belong to the poorest sectors of society. Such pers during arrest. At the police station the police officers demand of partial payment, the police use torture to compel the person to pay more. If the person survives this and his relatives manage to get more p theft. In many incidents, however, the robbery, murder, and possession of illegal arms or drugs. If th exerted by influential political groups or members of locally w may be produced before a Magistr which allows the police to arrest people on suspicion. This can more easily than if charged directly with a serious offence. At The members of Bangladesh’s police force are notorious for abus The chronic human rights problems that are encountered in Bangl established to provide clemency to persons that the government institutions that are meant to protect the country’s citizens a c abuses are not the exception but the rule. Ill‐treatment and torture are not the end of process the of victims’ abuse. suffe Beyond physica persons in pending cases or fabri Conversely, extra‐constitutional bodies, such as the Truth and t a Furthermore, in 2008 the higher power to provide legal remedies concerning cases lodged by the J high‐profile political persons t BANGLADESH
I 5
in my
due The
post After
cases. on officer
a Then, related
allocate
body o'clock
the
for
me. them.
pocket.
not crime in
10 the
other of
of do to
my
all
and
hospital
investigation avoiding around close scene
from involved
AHRC‐SPR‐008‐2008 at go
the The was
against
district authorities to
land money parties could
cases The
went
the transportation pay I
Everyone
motorbike.
Narsingdi for
Nobody ce implicate various persons, often works. from
t in a criminal gang or underground aw, under which the police routinely te officially records statements under victims of abuse, leading to very few submerged body. the fabricate
cannot
te evidence against the detainees. Such
especially in those involving the RAB, station.
Narsingdi district told the Asian Human
to extract bribes by applying torture, ill‐ regular basis. He went to the local police to illings and threats of such killings as an tion 54 of the Code of Criminal Procedure‐ erpetrators. In response, the police officer "I
the victims having been forced sign blank the
applications. olice also intimidate the suspects to deliver s under Section 161 of the Code of Criminal water. ese abuses ensure they are protected from s practice. An example of how this works is
p by making it look like he was killed in a personal te's Court seeking a person’s remand under 1200.00 g man (whose identity shall not be disclosed some his niece. At the police station he met a Sub money official
ve. compel those involved to pay bribes. A police would
police the body
I
my
ient payment leads to the man being killed. our
from on Taka the
recover
me,
extract dead
to alone
body from
we the help
let
me
around floating
to So,
When the police officer was asked who paid the money? He dead car send
away
help
a
body accomplishing to
spend to come
The policeman added, body." to money. for
official able
not
recover
Magistrate, when the Magistra from citizens. The hundred of extra‐judicial killings carried out with had people do are taken in order to manipula own
our kilometers dead
d accused of alleged involvemen was
case!"
I to
I
of icant bribe is paid. Insuffic gate the alleged accused person 10 his
officers appeal to the Magistra decomposed the
those whose interests they ser they local the
and sufficiently if
fuel asked the of
or those responsible. commission
with us
cover
together
some
around the
that
was
came to
minal investigation the police officers
pen All pay
found "I
rights for
I
was
mat called
and not
I a
people
villagers
complainant place
human
budget does
few
rickshaw. paper the
smell. a way!"
The
buying
motorbike.
"The by
at
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian buy the bad
like
to threat night.
adequate
the
ethods are also used to ensure the continuing intimidation of olice station without any valid records of the incident, with olitical party. The police threaten to kill him and cover it u as ection 164 of the Code. In such prescribed statements the poli reatment and intimidation. The same police that conduct criminal investigations handle the prosecution in mortem government
p papers ensuring impunity f The police abuse the powers to arrest granted to them under Sec 1898. In most cases, the police Section 167 of the Code with the intention of detaining people t the Magistrates' Courts. Magistrates generally grant the remand The police investigators interro Procedure‐1898. This is one of the pressurize the detainees to give confessional statements. The p most abused clauses of the a l prescribed statement before the replied, m complaints being registered. Corruption in the police is multi‐facetted. For example, a youn here for security reasons) told the AHRC that his family had become worried about the security of his niece following sexual harassment that she had been subjected to on a station to lodge a complaint out of concern for the security of Inspector and wished to lodge a complaint against the alleged p h shouted p crossfire incident unless a signif By forcing victims to sign blank papers, the perpetrators of th any legal proceedings initiated by the impressions of detainee. fingers and palms In many cases, to S arbitrarily and at the behest of At each step in the cri That's Recently, the police have increased the use of extra‐judicial k extreme form of extracting money impunity by the Rapid Action Battalion have likely inspired thi as follows: a man is arrested an an Sub Inspector, who was assigned as an Investigation Officer in Rights Commission, costs the personal the BANGLADESH 6 AHRC‐SPR‐008‐2008
itration, involving the d his relatives refused SI lize groups from ethnic or religious him personally saying: "Just give me ouncil, Mr. Ahendra. When with his wife Mrs. Abirun e Court of Paikgachha. The force, working for the interests of the Manjurul instructed him to shan Ara, who had also been hat day Mokbul provided the ng in land dispute cases upon receiving ered Al‐Amin’s arrest. He was . His neighbor Mr. Al‐Amin, an bricated cases of robbery and hha Surgical Clinic in order to . Hearing this from Al‐Amin, SI e the problem. Mokbul lodged r or minority groups involved, despite the nt of money from elsewhere, ensuring that ed to intimidate Mokbul to hand ts concerning which there had been orders so and left the police station. o the Paikgachha police and they he was bailed out, he would solve d Mokbul at about 11am from the . The police can also withdraw their support e to 24 February and told Mokbul public representatives.
arrangements particularly pena ul started a shrimp farm there d a Member of the local Union C as no lawful ground for doing p if they receive a larger amou constables arbitrarily arreste involving the local elites and . Al‐Amin threatened that when commission
rights
human
1
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian or the maintenance of the status quo. act that there have been cases pending before local civil cour
law‐enforcement in the country is nothing more than a mercenary richest and most powerful. These For example, a local revenue office in Khulna district leased land to Mr. Mokbul Hawladar in the Paikgachha Upazilla in 2007. Mokb Local feudal leaders can effectively use the police as hired guns to do their bidding, further their business interests or settle conflicts with rival persons or communities 20,000 Taka and the name, address of the culprit with photo, if possible; removing my uniform I'll wear a plain cloth, take a gun and finish (kill) the bastard within few days!" ‐ 20,000Taka is equivalent to around US$ 290. from a particular person or grou owner of similar farm, wanted the land. As part of the plan to oust Mokbul from the land, Al‐ Amin and his fellow persons caused damage to Mokbul's farm. Arb representatives of the local government officials, did not solv complaint (case number: CR318/07) to the Magistrate's Cognizanc Magistrate, when Al‐Amin refuse to appear before the Court, ord detained in Khulna District Jail discouraged him from recording a complaint and offered to help minorities. There are numerous examples of the police interveni bribes from locally influential groups, and suppressing the poo Following his release on bail, Al‐Amin reportedly paid bribes t jointly prepared a draft complaint against Mokbul. This was us over the land. Sub Inspector (SI) Mr. Manjurul Alam signed a notice using the official rubber stamp of the Paikgachha police station summoning Mokbul along with his family to appear at the station at 4pm on February 17, 2008. Mokbul Nesa, son Mr. Robiul Hawladar an complied, along f f Example the problem through arbitration On March 31, Mokbul, along with his family, went to the Paikgac visit one of their relatives who was undergoing treatment there Manjurul along with other police When he returned, as requested, along with his daughter Ms. Raw they arrived at the police station, SI Manjurul changed the dat to come back then. summoned by SI Manjurul and a friend, Mr. Shahed Ali Mollik, SI measure the land and report to him before 5pm on March 29. On t details of the land to SI Manjurul, who insisted that he surrender possession of the land to Mr. Al‐Amin and take Taka 4,000 (around USD 59) from him. Mokbul anManjurul's instruction as there w clinic. The police detained Mokbul in their custody until midnight. SI Manjurul intimidated him during detention and told him that he would be implicated in fa BANGLADESH 7
a a
the The and
legal from land. court them when
Abdul
police
that unless
against Dhali the 2008, the
Mr.
fact
AHRC‐SPR‐008‐2008
construct taking Dhali,
dispute.
community’s money
warned 22,
Rani that disputed
people to one the
extortion the about the
been and
the Kumar to
Devi
claim from and
order
had despite
result, February Ms. borrowed
officer
in
Sujan
party papers
a
influential ter to the notice of the
from the local elites, he bribes On who As
of the
Mr.
regarding robbery
land
Dhali, arrestees pressure on the police administration, intment of inefficient persons as police
village, blank other etimes arrest people without reason, and
e was no charge against him;
of has been taken against those nefficiency and lack of knowledge within issioner of the Dhaka Metropolitan Police tor that prevents it from functioning as bul's family, insisting that they
taking his signature on a blank and ocal professionals, who went to relatives
e land issue was settled with Al‐ The
group
Rani the sign
police
dispute. receiving
cases
to
Dhali detention. disputed their
reminding
the
community, Arati
in
leads On
Salubunia police.
land
of and another the in them
the the Mrs. who Kumar
quo.
them to police,
Hindu ‐
role in to
arrest Dilip forced
the result.
the
dispute
250) status a favoured intimidation, allies Sardar,
to of but Mr. women
as implicate partisan his
land
the
constables (USD
to a
police
arbitrary
Hamid
the to and
arrest Three
in
maintain of
injured
with
arrested ashem Khan. Following pressure objected
members rting unwarranted influence and
to rk of the police is another fac
Due avoid their sed to release Mokbul unless th Abdul
Sardar police.
against 17,000.00 the
to
who
along
police
threatened
Mr.
commission
the seriously members
police. community Taka for
Hamid by
injunction hiding recording protest
police
women
the rights
same paid a
an
Manjurul Hindu of into
intimidated Abdul
the to in Paikgachha
a
trouble the beaten and
Mr. Dhali ‐ were without of Mr.
the
human
any SI group forced case,
arrest, were bribes declared
Rani
A
people 2 them
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian Sardar sent repeatedly make against
had
their paid
were participated
Tripti members to
another s. esponsible. njunction, Since these events, SI Manjurul has continued to intimidate Mok ordered SI Manjurul to release Mokbul. SI Manjurul did so after sheet of paper. follow his instructions and give the land to Al‐Amin. No action After
Political interference in the wo
envisioned. In an official workshop held in late 2007, the Comm (DMP) accused politicians of exe jeopardizing its freedom. He also stated that the main cause of harassment by the police is the decades‐old absence of rules, for which the police is not responsible. The officer also observed that one of the main causes of public harassment by the police results from the appo officers. The Commissioner further admitted that professional i the police department made things worse and that the police som In Example the police station, urged SI Manjurul to release however, the police officer refu Mokbul as ther Amin. At around 11pm Mokbul's friend Officer‐in‐Charge Shahed Ali (OC) brought Mr. the mat Ali H extortion unless he gave the land to Al‐Amin. A number of the l r different they released Hamid they Court not men the police i M building. police action BANGLADESH
8 3, in
and well
broader Ministry
justice
a ry the women J nua the
to
economic
in community".
with
on and the tionale for a PRP to
access
AHRC‐SPR‐008‐2008 especially and
and agencies social
m
the law
state ent collaboration
other partners of
for
vulnerable t of Bangladesh, initiated a US$
close
The PRP "aims at improving the H rule in and A RC
ble, transparent and efficient policing e, it "complements other initiatives for police and civil officers, this system is particularly Section 54 of the Code of learly outlines the ra ition concerning what these categories ure environment which is conducive to te of the provision of a Police Complaint tions; human resource management and
and their targets". Sections 104 to 111 and the punishments Ministries, ces (including legal aid) means that poor f rights. Complaints are to be dealt with as work the problems in policing in Bangladesh and poor ting key areas of access to justice; including
Bangladesh Police to improve performance
an on judge or a person having a high standing, te the complaints system. breakdown of policing in the country, and is
development kes use of this interference as an additional g of all citizens, national stability and longer‐ implications
even petty cases. to
ht".
the
in corruption,
need on 3
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and order,
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of that ainfile.php/2008statements/1316/
concerni adversely
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services included in the MDGs society mplaints, but there is no defin
ls he police officers to manipula l for the safety and well bein
n concerning grave violations o issues solve strategic capacity and oversig
civil
exist detai profound and
d the DMP Ordinance 1976.
commission
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sector,
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of human see
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Home
criminal of INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian The being Significant The young Bangladesh, http://www.ahrchk.net/statements/m
Please • • •
ean, which will leave room for t eneral complaints or serious co
g m The Ministry of Home Affairs is now proposing a bill to address there are concerns that the powers provided to the police under proposed in Sections 129 and 130 could easily be abused. In spi Authority under Section 71 headed by a retired appellate divisi and comprising four more persons, two of whom are to be retired unlikely to improve the situatio 2008:
Criminal Procedure 1898 an they intimidate innocent persons with arrest and abuse of law, 3 13,380,953 project called the "Police efficiency and effectiveness of the Bangladesh Police by suppor Reforms Programme" (PRP). crime prevention, investigations, police operations and prosecu training; and future directions, According to the reported information on the programme's websit reform in the broader justice sector and is designed to assist and professionalism consistent with broader government objectives. Support to a functioning, accessible and transparent criminal justice system, institutions and servi people and other disadvantaged groups have protection, representation and recourse to hold the resource‐ rich accountable for commitments Such interference is indeed a major contributing factor to the not limited to high profile cases. In fact, the police force ma source for corruption and is therefore open to it being used in In 2004, the UNDP, in collaborati support the Bangladesh Police. In summary: consumer and investor confidence. The Needs Assessment Report c In the rationale of the PRP, service in Bangladesh is essentia it was mentioned that "an accounta term growth and development, par BANGLADESH
9 the and
skill
Model
walkie officers, through training
with
the needs conducted
in Despite the enhance
be 4
Cycles, to
their regular
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government would SOP
Motor
AHRC‐SPR‐008‐2008 engagements
ensure model
trained
per life,
participating the of
As and and their
y, from the Supreme Court SH Thanas Thana (police stations)" with
in vehicles, for
been
walks as
ka University’s campus model inclusive
nts made by successive regimes, in have
provided.
such placed under greater control by the community all
e as soon as is feasible.”
approach utive it was expected that the judiciary
developed various PRP. The Boalia Model Police Station in (RAB) paramilitary force, which illegally
udiciary from the executive on November
the a lack of an independent and functioning being
equality amongst justice‐seekers. However, ty. been disappointing, as exemplified by the gender
of power, the use of torture in custody, and ions as "Model urnalist and human rights defender based in be
from be support are Usually
".
policing department
benefit
will etc. would
SOP.
People can
logistic
of
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(SOP)
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THE JUDICIARY Thana
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kits,
efficiently model
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politically‐motivated appointme
this and people
in and of
the
each pro http://www.un.org/ga/60/elect/hrc/bangladesh.pdf
to
g withdrawal of army camps from Dha at
investigation at:
NGOs
how Operation implement
commission
effectively
held
to Personnel
pledges contributing
systems, conducted various
rights
being met.
them be Thanas
and Standard
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demonstrating would model
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prepare
Bangladesh has never had an independent judiciary. The judiciar
3 the
the INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADE asian see fax, workshop
and community.
run
Please overnment, despite promises that it would separate the lower j rrested, detained and tortured Akash in 2007.
ince the official separation of the judiciary the reality has ollowing case. talkies, levels representatives
a In reality, the people’s expectations have not been met. Abuses the fabricating charges have not diminished as Rajshahi a city result is of an the example amongst many. fabricated charge against Mr. Jahanagir Alam Akash, who is a jo The officers of the Boalia Model Rajshahi, Police following Station instructions recorded by a the Rapid Action Battalion local workshops following programme order to ensure that the judiciary acts in the interest of those in power. In its pledges to the HRC in 2006, Bangladesh promised to “separate the judiciary and the executiv To expectations
4 Following a protest demandin judiciary. The above methods of abuse perpetrated by the law‐enforcement achecks gencies are enabled by the failure of on their powers and activities, notably as the result of the aim of " down, has been weakened through Under the PRP, the authorities declared a number of police stat Thana directions of the Appellate Division of the Supreme Court on December 2, 1999, this has still not happened. Since the above pledge was made, the judiciary has instead been g 1, 2007. The separation has been made on paper bu in reali After the separation of the Subordinate Judiciary would be better able to uphold the rule of law and to maintain from the exec s f Example BANGLADESH 10 AHRC‐SPR‐008‐2008
2 persons made their red ineffective the criminal justice the military‐controlled ules‐2007, which prohibit f the Faculty of Biological were prosecuted in three nder in Article 35(2) of the trolled government to give Appeal Case No. 106/2008, es‐2007. Rashid, Professor of Political tropolitan Magistrate Mr. Md. f Dhaka University Teachers' ry 22, 2008. The government tions of different prosecution ho were released on the same undermines the establishment of justice punished for the same offense cy to the President. ourt to re‐adjudicate the case. the Court after the trial. In the ese acts. tenced to two years of rigorous orces rather than being reached ment arrested four teachers and udges Court of Dhaka at the time tments of judges and magistrates. Selection e prosecution witnesses were all idated by the government during achers from Dhaka University, as teachers were imprisoned for two port found that the allegation was rt convicted the academics. sought by the armed forces in order
sh have manipulated and rende however, convicted three teachers from the University of ial mercy for the teachers, w r Hossain, Professor and Dean o s and assign punishment for th been forced by the military‐con tary of DUTA; and Dr. Harun‐or‐ person shall be prosecuted and se, the police investigation re fore the Metropolitan Sessions J ular case, the Magistrate's Cou commission
rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian f writing. On February 25, 2008, the verdict of Magistrate Golam Rabbani was challenged by the Metropolitan Sessions Judge's Court of Dhaka who filed Criminal The verdict was widely accused of being directed by the armed f on the merit of the case. It is believed that this verdict was to create a deterrent against further action by students and te it was feared that they may initiate a protest movement against government. citing 16 specific grounds that required the Sessions Judge's C The appeal was still pending be o Science as well as General Secre Science and Dean of the Faculty of Social Science. These three years for breaching Rule 3(1) and 3(4) of meetings, processions and protest the Emergency Power R There were several glaring problems with this case. Firstly, th either public servants that had more than once". In the first ca not proven. In the second case, the teachers were acquitted by third case {No. 54, dated 23 August 2007} the teachers were sen imprisonment for breaching Rule 3(4) of the Emergency Power Rul Furthermore, amongst a total of 26 prosecution witnesses only 1 depositions. Despite several inconsistencies amongst the deposi witnesses relating to the partic Secondly, the students and teachers involved in these incidents depositions before the court or individuals influenced or intim the trial. separate concurrent cases concerning the same event. However, u Constitution of Bangladesh, "No system by politicizing its institutions, notably through appoin and promotions of judicial officers depend on the interests of ministers and parliament members and the loyalty of the candidates to the incumbent regimes. This system
Successive governments of Banglade detained them in prison. The teachers were detained until Janua spontaneously arranged a president day, even though none of the convicted persons appealed for mer A judgment of the Speedy Tribunal No. 3 of Dhaka declared by Me Golam Rabbani on January 22, 2008, Dhaka: Dr. Sadrul Amin, a Professor of English and President o Association (DUTA); Dr. Md. Anwa after military brutality on students in August 2007, the govern BANGLADESH 11
AHRC‐SPR‐008‐2008
edress as the result of violations rnment through the Ministry of Law, since the inception of the country. of these orders upon requests by the parated from the Ministry of Home. try, has two branches – the Appellate dges have been transferred as Judicial cial Cadre, through the Public Service the executive. In particular, judges and during the state of emergency, with the e new Chief Justice on the occasion of his Appellate Division during this period and 3 in Chapter I, Part VI of the country's The Supreme Court of Bangladesh, which e Court Bar Association (SCBA) protested comprising two judges and ten chaired by 's Courts and Magistrate's Courts – with a motion, transfer, training and retirement, owing the separation of the judiciary from f a Chief Justice. The most recent instance ustice; however, there were two positions istrate's Courts and the Courts of Sessions the ruling parties as well as police officers er 1, 2007, the Ministry of Law, Justice and ce, as the head of the whole judiciary of the ion of the Supreme Court. iary. In October 2007, the government made ndamental rights of persons detained under e. onfirming judges in the High Court Division fresh recruitment of around 200 magistrates ary.
gistracy has officially been se Courts have been operated the Ministry of Home Affairs. under ve been deputed or Assistant Ju arbitrary supersession concerning the appointment of Supreme Court ding about 30 Division Benches ision comprises the Chief Justi scribes the Subordinate Judici se in power virtually impossibl tion of the judiciary on Novemb al vacancies. There has been a commission
rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian agistrates to fill up magisteri ere under the control of the ministry. Working experience of ten years as a District and Sessions Judge orking for them. This makes the prospect for victims seeking r ttorney General, thus violating individuals’ rights. ppellate Division comprises seven judges including the Chief J onstitution, has retained some independence from the executive mergency powers, while the Appellate Division has stayed many he supersession and abstained from its customary welcome to th t assuming office. The Supreme Court of Bangladesh has been divided in its rulings High Court Division ruling in line with the constitution and fu e A M since the separation. There are frequent instances of judges in the Appellate Division and concerning the selection o was on May 25, 2008, regarding the appointment of Mr. M M Ruhul Amin as Chief Justice, superseding Justice Mohammad Fazlul Karim, who was the senior judge in the should therefore have been appointed Chief Justice. The Suprem nation, and six other judges. The Appellate Division Judges are elevated from the High Court Division. The A vacant in this branch during the second half of 2008. In practice, prior to the separa Parliamentary Affairs had been recruiting judges to form a Judi Commission. All matters relating to judges, including their pro controlled by the Ministry of w makes a person eligible for a promotion to the High Court Divis Magistrates have been recruited directly by the government and Establishment. The Magistrates’ Recruitment to the Supreme Court has been performed by the gove Justice and Parliamentary Affairs. In practice, appointing or c have been a political choice made by the incumbent regime. Foll 1 November 2007, the Judicial However, the same magistrates ha Ma The Supreme Court of Bangladesh, the apex judiciary Division and the High Court Division. The High Court Division currently comprises around 72 judges, who of the coun serve in around 40 benches, inclu C Chapter II of the Constitution de single judges. The Appellate Div Bangladesh has three tiers of courts – the Supreme Court, Judge long heritage of control by the executive branch over the judic a gazette notification that the Subordinate Judiciary – the Mag and District Judges – would be separated from November 1, 2007. is established according to the provisions of Articles 94 to 11
w perpetrated by the police or tho magistrates take care of the interests of lawyers belonging to and favours those who pander to the wishes of those in power in BANGLADESH 12 AHRC‐SPR‐008‐2008
ications to the offices of deputy choices after inquiries conducted and the size and population of the d. utors through personal and political ase was to be heard by which judge. slightly different type of procedure has d for the same sorts of political reasons of Public Prosecutor (PP), Government ajor had been occupying a room on the e qualifications as a judge of the Supreme esh. The recruitment process is based on nt or the armed forces. a number of deputies serve the attorney for free, but otherwise a down‐payment, or a result, but have clear political affiliations. lection and little screening. The only real icers are accompanied by assistants, whose d new ones have replaced them. secutors because of the lack of facilities and Local parliamentarians, influential political ders with political affiliations, or perhaps all y commissioner, who is the ex‐officio district end these lists to the Ministry of Law, Justice rs are less pronounced than before, although the proceedings of the Supreme Court. Senior ationships between the applicants and officials ty concerning the government’s purposes. m the governme THE PROSECUTION
xperience in legal practice as the office of the local deput is allegation fro inistry by ‘selectors’, depending on the extent of their power and influence. to ensure a level of reliabili commission
v rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian agistrate, or directly to the m erely formally approves the government nominee, who is selecte n the other hand, senior lawyers are reluctant to serve as pro angladesh effectively has a disposable prosecution service. Whenever a new government has taken over here has been no response to th umbers vary depending on the number of courts they must cover econd floor of the Supreme Court and had been deciding which c n those agencies. The political affiliations of some prosecuto Younger and less‐experienced lawyers seek appointment as channels. Those persons with the right connections can get one prosec at least a guarantee of suitable payments at a later date, is needed to secure a post. Prosecutors often have inadequate knowledge of law and e m as ordinary prosecutors. The additional attorney general, assistant attorney general and general. As in other cases, there are few criteria for their se m The government appoints prosecutors from among those recommende n district. There are no particular rules to appoint prosecutors in Banglad the political choice of the ruling leaders associated with the ruling party or bar association lea political party of the day. of these, make lists of lawyers to serve as prosecutors. They s and Parliamentary Affairs through The president appoints the attorney general under article 64 of the Constitution and sections 492 to 495 of the Code of Criminal Procedure. The appointee must have the sam Court, and serves the president. However, in reality the president has no power to select the appointee but O remuneration. However, under the present military‐backed interim government a been followed. In some cases, interested lawyers have sent appl commissioners to seek positions and through the intelligence agencies as well as in view of the rel the government has made its i they are still screened in order
Barrister, Mr. Rafique‐ul Haque, publicly stated that an army m The prosecution system in every district Pleader (GP) and Special Public Prosecutor (SPP). These law off consists of the posts Furthermore, there are allegations of military intervention in B power, all prosecutors ha e been removed from their offices, an s T BANGLADESH 13 AHRC‐SPR‐008‐2008
minal case relating the to screen and appoint ficial permission from the ividually. Nor is neither any specific ntained that they had been frequent complaints of prosecutors accused in another criminal itu, a lawyer of the Naogaon , Azgor Ali, at the Rajshahi ice, even before a complaint is made, to of Naogaon on June 13, 2007. t and only learned about them Bangladesh is to lodge a complaint with a any prosecutor on hand to examine them difficult for the poor and politically weak, d been discharged from another independent. They cannot be sanctioned or Magistrate of Naogaon, claimed practices, which results in unseemly events c prosecutors according to his ex‐ nly assistant and additional prosecutors are and produce them before the relevant court. erested applicants. occurred. Thereafter, police must investigate, tendency to engage in private practice when the Magistrate’s Cognizance Court han claimed that he was not aware connected persons. The offenders or persons in
e absence of special procedures s capable of pleading cases ind f the Law Report Manual. He mai ing of an examination for int e committee later found the reports to be true. lectoral rules, under trial in cases: those on the Government Register. ate to wealthy and politically L commission
nd Parliamentary Affairs. rights
human
4
INTERNATIONA HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian unished if they fail to appear at their offices or in court. O lock the victim. ollect evidence, obtain warrants, arrest the alleged criminals ondition is that they be lawyer ecruitment process, like the hold especially SPPs) who having won a hearing in the lower court where they have pleaded for the State hrough the news reports. A prob eague with them will invariably make arrangements with the pol p liable to their immediate superiors. The most common preliminary step in seeking criminal justice in police station in the jurisdiction where the offence allegedly c Such cases are referred to as GR However, lodging complaints with police stations is oftentimes especially if the complaints rel l b they are supposed to be working for the State is that they are
( reappearing in the appellate court representing the other party as a private lawyer. Ironically, one cause of public prosecutors’ ill discipline and prosecutors became all too evident in the case of Khodad Khan P District Bar Association who was appointed as Public Prosecutor The District Magistrate of Naogaon appointed him Ministry of Law, Justice a without any of assassination of a leader of University, in a trial in the Rajshahi Session Judge’s Court. K a pro‐Islamic student organization of the murder case against him, although he admitted that he ha murder case. Moreover, at time of appointment Khan was also an case regarding the violation of e in court such as the appearance of a group of witnesses without or prosecutors who have not prepared for a hearing who confuse and intimidate their own witnesses. Unsurprisingly, such cases result in acquittals. There are also It subsequently came to light that Khan was an accused in a cri Public prosecutors use their positions to advance their private The case of Khodad Khan Pitu: th c r t In defence of his boss, Sajal Samaddar, the Additional District of Naogaon. that the district magistrate is able to appoint temporary publi officio power under section 17 o unaware of the cases against Khan at the time of his appointmen Example BANGLADESH 14 AHRC‐SPR‐008‐2008
e investigating police and on 302 alone. However, he s taken from witnesses and did not record the witness al of Dhaka, which has been r. The ministry approved her at the police had not recorded nd showed no interest in the y framed the charge in a faulty On April 16, 2007, the tribunal fective manner, recording them ree and again went to threaten s for the case to be transferred ase and get the accused off the iry”. Such cases are identified as CR cases: threatened to also kill Sakerun. e of the prosecutors’ work and he alleged perpetrators with the take necessary steps” or “take legal steps oolboy who on 25 August 2000 ow the suspects to walk free. The courts is only around 10 per cent. hout trial, or issue a report that will not stand paternal aunt had left her ancestral lly thwart the investigation unless they have no
ng the case at the tribunal, th ge should have been under secti arly collaborated to fix the c and the victim is now prepared to pay more than the other party to igating officer was bribed and rt of Narayanganj also allegedl spector Nazrul Islam was assigned to investigate. However, secutors of the Narayanganj Session Judge’s Court changed as a complaint following inqu minal cases’ in a speedy manne he relevant police station to “ eparing a report that would all commission set up by the police.
rights
human
5
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian p in court. ucceed. They may issue a final report, closing the inquiry wit ollowed by inquiry” or “register noted that the court had already recorded the depositions of 12 witnesses for the prosecution hook. He concurred with the assertion of the victim’s mother th witness statements correctly and had framed the charges in a de under both section 302 and 364 of the Penal Code (murder and kidnapping), when as the dead body had been recovered the char
During the trial, the public pro magistrate of the Cognizance Cou manner, thereby weakening the case. several times. They were absent from the court when evidence wa were indifferent to the trial process. Judges also took leave a case. Meanwhile, the accused had been released on bail and had It was suggested to her to apply to the Ministry of Home Affair from the Narayanganj Session Judge’s Court to the Speedy Tribun appointed to try ‘sensational cri The case of Shafikul Islam: the conviction rate in Bangladesh’s Shafikul’s mother, Sakerun Nesa, lodged a murder case against t According to a prosecutor handli The reasons for this include the political and transitory postings and the obstacles natur was allegedly murdered by his stepbrothers and sisters and their relatives in Bhagalpur village in Narayanganj district. According to Shafikul’s relatives, his lands to him since she did not have any children of her own, leading to him being killed by his relatives. Sonargaon police station. Sub In according to Sakerun, the invest statements correctly, instead pr application and the case was transferred to Speedy Tribunal‐4. refused bail for one of the accused while the others remained f the victim’s mother. prosecutor in Narayanganj had cle In such cases, the other option is to lodge a complaint directly to a magistrate’s court. The court can then order the officer‐in‐charge of t The case of Shafikul Islam exemplifies this. Shafikul was a sch f those on the Complainant Register. CR cases are fraught with difficulties, as the police will usua personal interests in the outcome s u Example BANGLADESH 15 AHRC‐SPR‐008‐2008
DESH n, who was given life r the Attorney General, Government r person, not being an officer of police e tribunal prosecutor had to on, while many persons who an officer of police below the rank to be he police investigation report prosecution if he taken any part in the ate inquiring into or trying any case may tion in the magistrate’s courts, which deal to be Public Prosecutor for the purpose of or by a pleader. ed on November 4, 2007, with ict Magistrate, or subject to the control of had to make a photocopy of the receive the case diary, and was formation given in the report is by such officer. the charges. fraid that he may also be acquitted Narayanganj. under sections 492(2) and 495 of the Code of Criminal courts:
his behalf but no person, othe ade witnesses for the prosecuti ork within 135 working days, th been appointed, appoint any othe ducted by any person other than ed, and send it by courier to rosecution may do so personally he like power of withdrawing the prosecution as is provided by section 494 other officer generally or specially empowered by the Government in this yanganj Session Judge’s Court to not be permitted to conduct the o so without such permission. magistrate’s commission
by the Evidence Act. in
rights
n human prosecutors
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLA asian as
rocedure, the government assigns police to conduct the prosecu elow such rank as the Government may prescribe in this behalf olicitor, Public Prosecutor or 2) Any such officer shall have t nvestigation reports and prosecution process. (4) An officer of police shall investigation into the offence with respect to which the accused is being prosecuted. (3) Any person co ducting the p ( and the provision of that section shall apply to any withdrawal S behalf, shall be entitled to d
P with around 70 per cent of all cases in the country: Section 492 (2). The Chief Metropolitan Magistrate or the Distr the District Magistrate, the Sub divisional Magistrate, may, in the absence of the Public Prosecutors, or where no Public Prosecutor has b any case. Section 495. Permission to conduct prosecution: (1) Any Magistr permit the prosecution to be con Police The prosecutor in Narayanganj also caused undue Speedy Tribunal, as he failed to send the case diary to the SPP’s office for more than a month. As delays in processing the case before the tribunal must complete its w the call the prosecutor of the Nara told that the prosecutor had not received a copy of the gazette notification for transfer of the case to the Speedy Tribunal‐4 of Dhaka. The tribunal prosecutor notification, which he had receiv As regards the role of the police, persons who should have been included in the investigation report as accused were in fact m should have been listed as witnesses were ignored completely. T did not properly record the full sequence of events, and the in below the standards set After more than seven years, Sakerun’s struggle for justice end the acquittal of imprisonment: i.e. 14 years in jail. However, her lawyers are a all the alleged by the High Court Division as soon as the appeal is adjudicated, due to the inconsistencies in the perpetrators except i her stepso prescribed by the Government in t without either judges or prosecutors pointing to the defects of BANGLADESH 16 AHRC‐SPR‐008‐2008
nowing about the case r Rahman submitted an oximate value of 600,000 g the police also serve as CMM) Court (now Chief s shop, following an arrest e Khulna District Jail for 23 er of the bank, alleged that ringing the charges against ted under the Gulshan police the Gulshan police station in ch of trust against him under d that Azad put his signature ousehold aluminium goods in r, the police who were serving to the bank. According to his 0 April 2005 under a ‘Medium‐ been the BRAC Bank, nor have istrate was also ignorant about s detained for five days. During instalments of 17,700 Taka. He an interest rate of nearly 38 per bail; however, the court did not ecurity. zad. has at any point suggested that it th the prosecution of cases before the court, ty evidence and reasoning and are acquitted prosecution; they are just transferred from a n NGO‐based bank, BRAC Bank, to is imbalanced because the prosecution either agreed rate of 15 per cent. 6
pur police arrested Azad at hi ief Metropolitan Magistrate’s ( nting the loan the bank insiste t, Md. Mizanur Rahman, an offic n the case of Md. Abul Kalam A ail. the CMM Court of Dhaka grant b limit the interest rate to the e accused are convicted on faul commission
rights
human
6
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian n appeal. lthough these officers do not have law degrees or training in ails to prove the charges or th
The case of Abul Kalam Azad: the problems associated with havin prosecutors can be seen clearly i A police officer at the rank of sub inspector normally deals wi a police station to the job, sometimes as punishment. In cases that are tried with police as prosecutors, the battle Azad, a 33‐years‐old small businessman with two shops selling h Khalishpur, Khulna city, was tempted by the field officers of a take a loan to improve his business. Following frequent offers by the officials of the BRAC Bank, Azad agreed to mortgage the deed of his home, Taka (USD 8500), for which he received a 300,000 Taka loan on 1 which had an appr Term Loan’ programme. Before gra f o Example on two blank cheques, despite having the deed of his house as s After receiving the loan, Azad was asked to repay it in monthly calculated that the money to be repaid to the bank would be at cent and insisted that the bank In response, the BRAC Bank lodged charges of deception and brea sections 406 and 420 of the Penal Code on 13 December 2005, at Dhaka, although the loan dealings were under the jurisdiction of Khulna city, more than 300 kilometers away. In the complain Azad received money from the Head Branch of the BRAC Bank situa station in Dhaka and was refusing to repay. Sub Inspector Anisu investigation report with the Ch Neither the police investigation report nor prosecution police warrant issued by the CMM Court of Dhaka. He was detained in th days and then transferred to the Dhaka Central Jail where he wa the period of 28 days in detention he submitted a petition for grant it. Only on October 23 did Having been released from jail, Azad paid a further 85,736 Taka lawyer, this should have discharged him from the charge; howeve as the prosecution did not understand the legal points. The mag the application. may not have been Azad who had lied but rather that it may have Metropolitan Judicial Magistrate’s Court) on 28 Azad, January who had 2006, meanwhile b been paying money to the bank without k On 25 September 2006, the Khalish against him and in 19 instalments had repaid 33 ,300 Taka. BANGLADESH 17 AHRC‐SPR‐008‐2008
ive its recommendations to the rdinance on December 23, 2007, les the government to establish the s situation will likely compel the s and benefits of the staff of the ional Human Rights Commission of uthorities can deny or express their osophy of Dhaka University, and Ms. he government based on its findings of mmission had been in effect since that n September 1, 2008, the government t of Bangladesh was made Chairperson out the orders of the Supreme Court. perpetrators and the victims of abuses. order to perform its duties after getting vant authorities to provide evidence and g the crime of human rights abuses cannot mediator who will play a role to solve the iance (FEMA), a local NGO, were appointed he summons are ignored. fail. Many aspects on the methods of work man rights problems and provide effective gnored, as there are hundreds of examples l be effective, however. rred far outside the jurisdiction of person who confesses the crime. court.
ment will determine the salarie d government promulgated an o the government and relevant a to the establishment of the Nat tired judge of the Supreme Cour ssion to investigate allegations of human rights abuses through issuing rity about what happens when t ase is still pending before the commission
NATIONAL HUMAN RIGHTS COMMISSION ESTABLISHED rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian ade an official announcement that the National Human Rights Co nder Section 17 (2), any statement to the Commission confessin urthermore, under Section 16(4), overnment to file cases, if mediation or arbitration attempts pproval from the President. This means that executive will dominate what should be included or excluded s Members of the National Human Rights Commission (NHRC). The government asked the newly ummons to the respondents, without any obligation for the rele and Prof Niru Kumar Chakma, a teacher of Munira Khan, former chairperson of Fair Election Monitoring All the Department of Phil NHRC rights body, allows the Commission (under Section 13) to g a appointed officials to begin their terms in office on December 1, 2008. The National Human Rights Commission Ordinance‐2007, which enab s information. There is also no cla The Commission, under Section 16, can make recommendations to t the investigation; however, it is expected that these will available in Bangladesh in which the authorities did not carry be i F inability to implement the recommendations of the Commission in a reply letter.
a in the rules. Under Section 20 (3), the govern g and powers of this body give serious doubt as to whether it wil Section 14 of the Ordinance allows the Commission to recruit a problems of human rights abuses through arbitration between the Section 15 authorizes the Commi Commission until the Rules of the Commission are finalized. Thi Calls for the establishment of an institution to address the hu the Gulshan police station. Azad has had to sell one of his shops in order to pay the expenses associated with the trial. The c remedies to the victims had Bangladesh. led The military‐controlle announcing the establishment of a national human rights body. m O date. Mr. Amirul Kabir Chowdhury, a re
they raised any questions about the fact that the incident occu U be used as evidence in any criminal or civil court against the Under Section 27, the Commission can formulate its own rules in BANGLADESH 18
d the Anti‐Terror AHRC‐SPR‐008‐2008
Powers Rules‐2007, and the Special hts instruments, the government of parties can officially start election hose that would enable independent rights groups and victims for decades, y can only be imposed under certain n 2008. At the international level, the ) of the constitution. However, due to a nsibly due to violence prior to elections n attempted to threaten and harass non‐ luation of the situation of rights in 2008 nt working beyond its legal jurisdiction , any elections held under the emergency rs. Despite being a member of the Human was dissolved on October 24, 2006), this the state of emergency as of December 11, x months later. Under the Constitution of 2008, however, there were concerns at the ordinances and powers it provides to the is in the country. It is now supposed to last der these instruments, but is actively flouting to protect itself from criticism.
ency, making it unconstitutional from the outset. Furthermore, an lted primarily as the result of draconian powers provided by the
bat terrorism, under which further abuses are taking place. imed on January 11, 2007, oste lections were to take place si party remain in detention, and there are numerous reports of vote attempt to bring up these matte ded the complete withdrawal of hless rights body as a shield commission
rights
THE STATE OF EMERGENCY – THE BIGGEST ELEPHANT IN THE ROOM human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian rdinance‐2008, supposedly to com angladesh is not only failing to live up to its obligations un owers Act‐1974. On June 11, 2008, the military‐controlled government also impose ommission to make or agree to a weak set of rules instead of t oliticians from the past ruling nder a state of emergency. The government, which is responsible for gross violations of human rights, is sing the establishment of a toot ampaigning on December 12. The government has said that it would lift the emergency prior to the oophole requiring action on the part of the parliament (which scheduled for January 22, 2007. E
Although Bangladesh faces chronic human rights problems, an eva has to focus primarily on the state of emergency, as it and theauthorities, have been the main causes of abuses and impunity i government has repeatedly denied committing abuses, and has eve governmental organizations that Rights Council and a party to six major international human rig C B them. The state of emergency was procla p manipulation by the authorities. The political parties have deman Bangladesh, an emergency may last for a maximum of 120 days. However, after nearly two years, it remains in force and is creating a human rights and constitutional cris until the end of 2008, with elections expected on December 29, time of writing that these may again be pushed back. Regardless will likely not be free and fair. Local elections held on August 4, 2008, provide evidence of this, as many P O functioning. While a national human rights institution had been demanded by this has now been established by a military‐controlled governme u u 2008, as according to the election schedule, the candidates and conditions by the President, and it requires the counter‐signature of the Prime Minister. This signature was not obtained for the current emerg emergency may only last for 120 days, under Section 141A (2) (c c election without specifying a date. Under Article 141A (1) of the constitution, a state of emergenc l illegal emergency is still continuing. Human rights violations have resu Emergency Powers Ordinance‐2007, supplemented by the Emergency BANGLADESH
be 19 this
under may
under rule
any rule
action,
or
any the court.
and human rights in
AHRC‐SPR‐008‐2008 or sted on 28 and unconstitutional.
to
ordinance vires due
criminal
or this
ordinance ultra
to
ators of human rights abuses by civil ilitary regime under the state of
ew joint forces being established, damage this te and its civil administration. This t have the constitutional power to
most of which run contrary to the in o be
, which reads: rs of human rights abuses are given to
e been appointed to top public service , 2008, stayed this order for one month. he Bangladesh mission every t not be involved in political election has also reportedly centred on ections. The same court also declared all specific charges against them. Some have uly 13, 2008, ruled that the President of an ed regardless of the results of the planned sure that any future elected government arole on 2 March 2008. Jalil was y regime's pressure upon politicians raises mposed a number of conditions esses. For example: according
ime Ministers, ministers and legislators have t on democracy, security resultant challenged SH’S CIVILIAN INSTITUTIONS
faith, according
any be
good
and may
in
rule, rule,
government,
person
a such
the of the Bangladesh Awami League was arre such
by
by ulgated at least 96 ordinances, the actions taken by the pro‐m he military‐controlled government of Bangladesh has been negotiating tate‐actors that are perpetrato ajor political groups vying for under ged corruption, often without
ch ordinances regard general el 30 days but the authorities i mergency Powers Ordinance‐2007 court.] under done
faith
ndividuals, including former Pr commission
good action,
provision criminal
in
provision no
or any rights
cases (1)
or any done
civil
THE MILITARISATION OF BANGLADE
, the General Secretary in or
human three
. Jalil –
action,
7
ordinance INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian no
Indemnity
Abdul (2) ordinance challenged this [6.
uring the state emergency all S he military‐government has prom een released through executive orders, bypassing judicial proc een detained for months for alle lections. erious concerns that impunity for current abuses will be secur mpunity under Section 6 of the E seeing who will ensure complete impunity to them following the elections. In the past, successive governments of Bangladesh have provided enacting laws in parliament. The reports of the current militar impunity to the perpetr validates through the parliament emergency. Bargaining with the m s e The AHRC has been informed that t with the political parties prior to the general election, to en on him if he goes abroad for treatment. He has to communicate t three days after his arrival in a country for treatment and mus May 2007 in the afternoon from his office and was released on p reportedly released on parole for T constitution D i the country for years to come. Current and retired officers hav positions and autonomous institutions. Even sporting bodies have not been spared, as will be seen below. The militarisation of law‐enforcement has taken place through n comprising military intelligence agents alongside the police. The courts suffer from military surveillance and interference. High profile i
Mr. The emergency has been used by the encroachment will likely have a significantly detrimental effec military to permeate the Sta b b Example un‐elected government, such as that promulgate ordinances, unless su currently in power, does no However, the Appellate Division of the Supreme Court on July 21 The High Court Division of the Supreme Court of Bangladesh on J ordinances made by the present military‐controlled government t BANGLADESH 20 eague, rovided the military AHRC‐SPR‐008‐2008 clearly subservient to
ant from a competent court. The ncerning who will and will not be e country, in all headquarters of the plemented by the "Emergency Power nfluenced by the armed forces’ top ent released him on 17 July uivalent to the police. These laws have for all of their actions. According to the titution that declares the people as the d Home Affairs Adviser M. A. . Under these new instruments, the armed m political negotiations. If courts release forces were only deployed to aid the civil nd the judicial process, notably politicians se in Dhaka and detained in the riddled with members of the military. The ns by the armed forces in their work, they ey have no competency and should have no groups. After the emergency was declared, g it a “sub jail”. She was released ng to fear and demoralization amongst these ng themselves in order to show their loyalty Committee, which oversees corruption cases, 08, in particular, politicians and others seeking ilitary.
mever they wish, without a warr ent does not want released, they are usually re‐arrested, often under ning Article 7 (1) of the Cons isions are made, changed and i manitarian considerations,” sai litical violence between rival state of emergency, the armed a prerequisite for gaining power. The emergency has p in their respective fields. , politicians and civil servants, including judges, are the run‐up to elections in 20 Whip of the Parliament declarin e beginning of the emergency. s ing ight wee , the younger son of former Prime Minister Khaleda Zia, was HUMAN RIGHTS DAY 2008 ‐ BANGLADESH commission
Koko
, former Prime Minister and President of the Bangladesh Awami L ry‐backed regime decided to give the son limited reprieve from detention. rights
Hasina human
Rahman
e INTERNATIONAL asian Sheikh Arafat
atin after the milita ersons that the military governm administration in dealing with po the "State of Emergency Ordinance‐2007" was promulgated and sup Rules‐2007" with effect from the date of imposing the emergency forces were redefined as a "law and order maintaining empowered force" eq soldiers to arrest who emergency laws also ensure blanket impunity to the armed forces government, around 60,000 soldiers have been deployed around th country’s 64 districts, since th The deployed military frequently intervene in areas in which th power, including in the activities of the media and NGOs, leadi sectors’ professionals. As a consequence of regular interventio cannot contribute to society and public office within the branches of State, have been positioni not to the country, its people or the rule of law, but to the m Prior to the proclamation of the
These releases resulted not from court decisions but rather fro with powers to do as they please and there are no components of the State that are able to hold them accountable for their actions. In Mrs. activities or business there. has ordered the temporary 2008 on parole. Local press reports claim that “The government release from prison purely on hu arrested along with his mother on 3 September 2007. The governm M Despite public statements underli was arrested on 16 July 2007, early in the morning from her hou official residence of the Chief on June 11, 2008, on parole la t eMr. ks. officials. As previously mentioned, the National Coordinating holds supreme authority over all administrative bodies, and is body makes recommendations to the Anti Corruption Commission charged for corruption. co source of all power of the State the military in Bangladesh. For many, the armed forces are beyo for whom support of the army is p fabricat d charges. All the national‐level policy dec BANGLADESH 21 AHRC‐SPR‐008‐2008
f a similar rank are near‐ ssioner, who did not wish to be at the time of writing, military re‐ y ordinances and the control of the ence and resist the audacity of these ses, to influence them in favour of the ral election, which was scheduled to be hen the armed forces and RAB arrest, state of emergency and under such eing supported and supplanted by the wyers rarely agree to assist victims by hen enquiring about the whereabouts of and the police stations do not record n for being responsible for hundreds of s negotiation with political parties in the in policing, under the state of emergency. s the only other resort for people seeking test activities, notably by the army, are a violations. mber 4, 2008, prior to a Presidential order al cases, officers of the armed forces, have and those that serve its interests. ed by officers from the armed forces and be a more blatant indicator of a lack of an lowing retirement. A retired general would hat of their relatives, and as a result only is way, the police, who are supposed to be ors is even worse than that of the judges and joint motion for resolution on the situation in ng to reports, armed forces officers frequently the policy making forum when the party is out the Chittagong Hill Tracts. Civilian government roles, military officers o
in Brussels on July 9. However, ey rarely receive responses. W Task Force comprising military officers have also been placed in the offices of the courts before, during and after trials, in order to monitor remacy and consequent fear, la d the armed forces down to the Upazillas (sub‐district unit) level. This lligence agencies and, in speci et of the ruling party or in rces that should not be engaged ainstream political parties fol came as part of the government' stance by the police. Accordi risation of three districts in commission
rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian drafting and lodging complaints with Magistrate Courts, which i redress following a denial of assi typically be included in the cabin systematically included in the m of power. Under the emergency, a so‐called been placed in the offices of prosecutors and attorneys, and direct them to lead proceedings in line with theses agencies’ wishes. country’s courtrooms and relevant and direct the cases to suit their interests. There can hardly independent judiciary than this. The judiciary combine to ensure complete impunity for the military provisions in the emergenc While civil servants find it difficult to enter into political make phone calls to magistrates and judges regarding pending ca military’s interests. Magistrates fear for their security and t disclose such threats off the record. The situation of prosecut magistrates. Members of the inte
Given the climate of military sup This has unavoidably resulted in a large number of human rights For example, concerning the massive arbitrary arrests that have taken place since the beginning of the emergency, common people only have access the police stations w arrested and detained persons. Th detain and torture people, the police remain out of the picture information concerning such cases. The national deployment of the military was in place until Nove In addition, the Rapid Action Battalion paramilitary force know has been severely undermined as identified, a commenting result, that, with “People one should Deputy no uncivilized Majors.” Commi longer have pati to withdraw the military, which run‐up to elections and international pressure, notably a in a Bangladesh in the EU parliament deployment was expected on December 20, 2008, prior to the gene held on December 29, 2008. Concerns that this date may again be moved remain. Regardless, the prospect for free and fair circumstances elections political turmoil is and resultant repression evidently of pro not serious risk. possible under the extra‐judicial killings in recent years, has deployed also extensively been at the reinforc district and Upazilla levels. In responsible th for maintaining law and order in armed forces and paramilitary fo the country, are b Initially, the government deploye adds to the long‐standing milita BANGLADESH 22 Lieutenant Colonel AHRC‐SPR‐008‐2008
ey constitutional position as s therefore been given official r of the Chittagong Port Authority. cases. Following this, he has been reign Affairs and was to be appointed th, was later asked to resign from his une 2, 2008, Lieutenant General Abu ion, members of the military will be ired) Ghulam Quader, former director Director General of the Department of also assigned to the position of Force of the department’s Chief Engineer and ed to the service of the armed forces on urther and increased the placement of ample, the Ministry of Home Affairs is te any group or community to vote for ccupies the position of Director General ecommunication Regulatory Commission f BTRC Director General and Lieutenant na Authority in Khulna. d been serving as the Chief Coordinator of k Limited, an enterprise of the Bangladesh and Cooperatives. Major General (retired), gong Port Authority. Captain SY Kamal is a former head of the Bangladesh Police, Mr. an exception, especially for someone from
ystems & Services Department. ra‐judicial killings, has taken the position of The armed forces therefore know who is d Forces Division, Lieutenant General Masud activities” without a warrant of arrest issued
Bangladesh in Australia. On J Mission in Liberia, and return mmad Sakhawat Hussain is in a k retaker government has gone f elligence, has been made adviser to the Ministry of Communications. Chief, Lt. Gen. (Retired) Hassan Mashud Chowdhury, is the chairperson of they suspect of “anti‐election Staff Officer (PSO) of the Arme Government, Rural Development commission
rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian
The founding Director General of the Rapid Action Battalion and Brigadier General (Retired) Muha The army assigned its Principal members of the armed forces in the civil administration. For ex headed by Major General (Retired) M A Matin. Major general General (ret of National Security Int Brigadier General (retired) M A Malek is the Special Assistant to the Chief Adviser for Ministries of Social Welfare and Telecommunications. Anwarul Iqbal, who is allegedly responsible for hundreds of ext adviser to the Ministry of Local ASM Matiur Rahman, who previously occupied the Ministry of Heal position for poor performance, although this should be seen as the military. The previous Army the Anti Corruption Commission, while Colonel Mr. Hanif Iqbal o (Administration). Commissioner of the Election responsibility to prepare the voter list for the whole country. Commission. The Bangladesh voting where under which constituency. If they want to intimida Army ha someone or not to vote, they can do so easily. During the elect authorised to arrest any person by a court. The military‐controlled interim ca Uddin Chowdhury, to the Ministry of Foreign Affairs where he ha the National Coordination Committee and appointed deciding as High on Commissioner corruption of Navy Captain Yeaheya Sayeed is a Director of Chittagong Dry Doc Tayeb Mohammad Zahirul Alams was assigned to the Ministry of Fo as an ambassador. However, before this could take place, Commander in the UN Peacekeeping he was October 7, 2008. Brigadier General Fazlul Bari was made Defence Attaché in the Bangladesh Embassy in Washington DC of the United States of America in October 2008. Major General (retired) Manzurul Alam chairs the Bangladesh Tel (BTRC), while Colonel Md. Saiful Islam has taken the position o Colonel Shahidul Alam is the Director of the BTRC’s Spectrum Management Department. Shahidul Alam has been appointed as the Project Director of a World Bank‐funded project under the BTRC, while Major Rakibul Hassan is a Deputy Director of the BTRC’s S Bangladesh Navy Captain A.K.M Shafiqullah has been appointed as Shipping, while Commodore A K M Alauddin occupyies the position Ship Supervisor. Steel & Engineering Corporation and also a Member of the Chitta Member (operations) and Captain Ramjan Ali is Captain Zahir Mahmood is Deputy Conservator of the Port of Chal Deputy Conservato BANGLADESH 23 AHRC‐SPR‐008‐2008
the Chief Engineer of the Dhaka City victims seeking remedies have been e military‐backed government and its s become can be seen in the sporting Commission (AHRC) of the many such violations are being perpetrated; total en made a member of the newly formed taken the positions of Chairman of the f the Bangladesh Telecommunications President. Lieutenant Commodore A K isation, the Asian Legal Resource Centre el (retired) M A Latif was made Vice freedom of association and expression, nd detained by law‐enforcement and the pointments is being suppressed as much as uestioned during the official proceedings of President of the Bangladesh Cricket Board, Bangladesh did not have enough space in its e of emergency has led to greater insecurity the government has been stymied in this way. der the emergency. about these ap I TS
n. amental rights, including the ent of the Bangladesh Olympic Association. The Chief of the Air Force, ian, democratic systems of the State, and the constitutional crisis in cy. Information the Basketball Federation. Colon ve been harassed, threatened, a Manzur Rashid Chowdhury has be harges, in order to discourage any criticism of the arbitrary actions and oid international criticism. ARBITRARY ARRESTS AND DETENTION commission
INCREASING VIOLATIONS UNDER THE EMERGENCY rights rchery Federation.
human countability Commissio asian INTERNATIONAL HUMAN R GH DAY 2008 ‐ BANGLADESH ossible by the authorities to av iolations of rights and the constitution by the authorities un
military, and faced fabricated c v
p the Human Rights Council by a member of the AHRC’s sister‐organ (ALRC), the representative of Bangladesh could only state that prisons to accommodate this many persons. Furthermore, the Inspector General of the Bangladesh Police
It is estimated that since January 11, 2007, a staggering 500,000 individuals are estimated to have been arbitrarily arrested and detained for differing periods. When q The government has forced the closure of at least 160 newspapers, and television news channel CSB News, during the state of emergency. Any criticism of the actions of and human rights violations. Fund have been suspended; a significantly greater number impunity is being guaranteed for perpetrators; and avenues for of serious virtually obliterated. All discussions of human rights that do not first address the state of emergency, the critical undermining of the civil Bangladesh, are meaningless. NGO activists and journalists ha Rather than countering a threat or ensuring stability, the stat Company Limited. Colonel Mr. Farukh Ashfaq has been serving as Corporation. Major Gen (retired) An alarming indicator of how deep this military encroachment authorities. The current Army Chief, General Moeen U Ahmed, has ha National Sports Council and Presid Vice‐Marshal Ziaur Rahman Khan, heads the Bangladesh Hockey Sarwar Jahan Nizam heads the Swimming Federation. Major General Ahsab Uddin, the General Officer eration, Fed while Naval Chief Admiral Commanding of the 9th Infantry Division, is the President of the National Shooting Federation. The Army Chief of General Staff, Major General Seena Ibn Jamali, is the with Lieutenant Colonel (Retired) Md. Abdul Latif Sirker Khan as is Vice General Secretary of President of the Squash Federation, while Major General Mr. Sadik Hassan Rumi was "elected" uncontested as President of the A These are but a few examples recorded by the Asian Human Rights military appointments that have been made under the unconstitutional state of emergen aegis of th Truth and Ac Brigadier General Md. Rafiqul Islam is the Director (signals) o BANGLADESH 24 power to grant bail AHRC‐SPR‐008‐2008
rdict of the High Court Division Torture is a tool of political and r Rules‐2007. The Court declared it istrate within 24 hours of their arrest. and S. M. Emdadul Hoque, on April 22, to entertain the bail petitions under the ncies is endemic in Bangladesh. This is sations risk working on torture in the e person are rarely, if ever, produced at called interrogations. Exact numbers of any access to courts. This is resulting in rgency. In addition, the IGP admitted that e Division, presided over by Chief Justice ll ceremony for the outgoing Chief Justice mergency Powers Rules 2007, instead of tion to entertain bail petitions when the aw‐enforcement in the country. Torture is e former, suspects cannot be granted bail. reservation made to Article 14 (2) of CAT t had the constitutional adesh. The Supreme Court Bar Association ingness to have any avenues available for a large scale by powers granted under the the Appellate Division to review its verdict. gladesh’s representative at the Council and een arresting an average of 1,667 persons sinessman of Khulna, who was arrested by tations or military camp for days, weeks or confessions, to repress the poor, and against following their arrest. Under Article 33 (2) of r the ICCPR and as a State Party to CAT. This is TORTURE
power, or their allies. All law‐enforcement and intelligence agencies le are tortured as part of so‐ must be brought before a Mag in, notably as very few organi regarding the charge against th the Supreme Court's own power of the country had no jurisdic the mass arrests under the eme Criminal Procedure, as under th ly have access to legal counsel requently leads to killings. commission
detained in prison. rights
human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian r. Mohammad Ruhul Amin, who retired at the end of May. petition was charged under the Emergency Power Rules‐2007. This verdict created controversy amongst the legal professionals and the human rights defenders of Bangl and its senior members protested against the verdict and urged As a mark of protest the SCBA decided not to arrange any farewe The Appellate Division abdicated to the persons implicated and detained under the Emergency Powe following a writ petition filed by Mr. Moyezuddin Shikdar, a bu the armed forces and
M Bangladesh’s law‐enforcement agencies do not follow due process when arresting and detaining persons. Arrest warrants and information the authorities are arresting persons under Rule 16(2) of the Eunder Section 54 of the Code of Arbitrary detention without bail is therefore being enabled on illegal, prolonged emergency. the time of arrest. Persons rare the Constitution, arrested persons However, at present, individuals are being detained in police s even months, without any official records being kept or having endemic torture that in turn f A High Court Division comprising Justice Nozrul Islam Chowdhury 2007, declared that the High Court Division of the Supreme Cour emergency rules. On 23 May 2008, the full bench of the Appellat Mr. Mohammad Ruhul Amin, of the Supreme declaring that Court the overturned highest the court ve
The use of ill‐treatment and torture by the law‐enforcement age Bangladesh is evidently failing to respect its obligations unde perpetuated by the impunity that accompanies these violations. governmental repression and an inseparable part of methods of l used in order to extract money, to force persons to sign false persons in opposition to those in operate torture cells, where peop victims are impossible to ascerta country. The AHRC has documented numerous cases of torture in the country that illustrate the above. shown both by the prevalence of the practice of torture and the upon ratification, which has underlined the authorities’ unwill every day. This contradicts the attempt at a denial made by Ban raises serious questions about further over‐crowding in the country’s detention facilities, which was already a serious problem before (IGP), on June 9, 2008, publicly admitted that the police had b BANGLADESH
in 25
ambitious
too
is
It AHRC‐SPR‐008‐2008 the Bangladesh Police
hung from the ceiling or a tree; tions, the police refuse to conduct anced and has inadequate logistical ommented that " r CAT, criminalizes torture, and removes , notably concerning the police’s duty to e being promoted within the system in under Section 6 of the Emergency Power is no witness protection system and the reation of independent investigation units military crackdown in the country, which nals are well‐equipped and innovative, the impunity has been handed to the "law and nd to show them a warrant of arrest as per he country’s policymakers is the enactment rich. The Human Rights Council is urged to ousand and two hundred citizens, torture is made by them during discussions with civil or toenails or other sensitive parts of the buses. This will require new legislation, the ". This is symptomatic of beliefs held more officers of the Rapid Action Battalion (RAB) illegal arrest and detention of around 11,000 rder in the context of Bangladesh. Defending busive treatment during arrest. guments. The officers of n Bangladesh. Any person serving in the law‐ t the position of the law‐enforcement agencies law
of
n g process
due
the
police force is very poorly fin ted, and therefore are tacitly encouraged, to use torture by default as y removes its reservation unde government for their actions follow
justice from the outset. There to subjected to humiliating and a
e of torture through various ar quires the use of torture. commission
police the
rights
expect
r e human to
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian Additionally, there are instances of the perpetrators of tortur widely in the uling lite. One of most infamous instances of patronization of torture by t Bangladesh. The use of torture does not engender any prosecutions against or punishment of those who perpetrate it. Torture is not a crime in national legislation i enforcement forces are not preven part of their professional responsibilities. of the Joint Drive Indemnity Act‐2003 by the parliament after a resulted in the death of around 58 persons in custody, and the persons in a period of 86 days. During the state of emergency, order maintaining forces" and the Methods typically include: beating a person that has first been forces, or a combination of these actors, since the begi nin of the state of emergency. electrocution; pouring hot and cold water into the mouth and nostrils (in the summer or winter seasons respectively); inserting nails or needles under the fingernails body. Persons are also typically The AHRC has recorded numerous cases of torture, either by the armed forces, the police, paramilitary Supreme Court remains financially out of reach for all but the ensure that Bangladesh immediatel all legislation enabling impunity for torture and other grave a enabling of avenues for complaints to be made by victims, the c and an independent judiciary. The authorities justify their us
When, during discussions, the need to follow due process of law claim that because there is only one policeman for every one th acceptable. They argue that capabilities the and is therefore required to work tirelessly. police's performance cannot be faulted, justifying torture. The Under such circumstances, they claim that the and the armed forces argue with human rights defenders that law‐enforcement and maintenance of peace and security in the society re The country’s politicians, legislators and civil servants repea and security forces concerning torture. The claim has also been society that torture is a useful tool for maintaining law and o the arguments of the police, they have even added that as crimi only option for the police is to use torture. inform persons being arrested about the reason for the arrest a Section 80 of the Code of Criminal Procedure, the politicians c investigations, denying victims Bangladesh victims of torture seeking reparation. The system in Bangladesh ensures impunity and bars redress. There is no law criminalizing torture, and as with other rights viola BANGLADESH 26 in some cases results AHRC‐SPR‐008‐2008
ther and a six‐year‐old an of Rajshahi city, was manipulate the medical temporarily suspended ASI
t of rape took place. officer came to the woman's ork. The woman refused the human rights abuses are supported by Assistant Sub Inspector (ASI) to female victims of violence, Metropolitan Police (RMP) to or police officers of the RMP rights defenders after the rape. provide remedy to victims in relation to s, guaranteeing impunity and ensuring the f the OCC, which comprises a man Rights Council, Bangladesh would: I. sic Medicine Department of the d the recording of the case for n of the UN Human Rights Council in 2006. manent disability and ological effects and stigma. The practice of ng continuous threats from the ia police station and a colleague learnt to make utterances that hide this fact. prohibiting torture and degrading treatment until 18 October. different category of crime and violation of the
ioned in another city for his w y pledges prior to the electio del Police Station of Rajshahi ment of the RMCH examined her. f Mr. Farukh Hossain, a businessm d lawyer for combined support ce of this grave practice. commission
rights
human
8
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian hey instructed the officials of the OCC to keep her at the OCC heir superior officers within their respective departments. Example
t In the voluntary pledges it promised that "If elected to the Hu
There is a specific provision in the Constitution of Bangladesh
and punishment. Unfortunately, the laws that are in effect only physical abuses or assaults rather than as torture, which is a person, with a range of different additional physical and psych using torture leaves thousands of victims with temporary or per in death, yet there is no specific legislation criminalising torture as a punishable crime. This is one of the key barriers preventing victims from seeking appropriate redres continuation of the prevalen At the international level, the country’s representatives have Bangladesh announced its voluntar As an example, take the case o of the victim took her to the rape the woman. On October 7, 2008 at around 3:34pm, the police house along with Farukh. Farukh confined the woman's mother and child in a room and ASI Hamid raped the woman in another room of the house. A relative One‐Stop Crisis Centre (OCC) of the Rajshahi Medical College Hospital (RMCH) on the same evening for treatment and to initiate medical doctor, police officer an legal action. The staff o and the Forensic Medicine Depart Based on the findings of the medical examination, a complaint of rape was forwarded to the Boalia police, which recorded the complaint one day later. During the period, ASI Abdul Hamid had fled. The Boalia police has apparently intentionally delaye more than 26 hours. After recording the case, the Abdul Hamid. Mr. Abdus Sattar, a Sub Inspector (SI) of the Boal RMP authority of the alleged perpetrator, was assigned as the Investigation Officer (IO) of the case. After going into hiding, ASI Hamid started threatening the victim. The seni allegedly directed the medical doctors of the OCC and the Foren RMCH, who were involved in the examination of the rape case, to examination report in order to save the police officer. Followi police the woman moved from her rented house, where the inciden The police did not want the victim to meet the media and human T Ordinance‐ 2007. The perpetrators of torture and other forms of attempting to seduce a woman that lived in Rajshahi with her mo daughter, whose husband was stat proposals and warned him off. Mr. Farukh reportedly then hired Mr. Abdul Hamid of the Boalia Mo BANGLADESH 27 AHRC‐SPR‐008‐2008
stablish the National Human Rights nhuman or Degrading Treatment or goods and passengers. At he obligation under Article 2 of the id told the officer that as an d and in a fair and equal manner. . . IX. ts instruments . . . XIV. Continue to work , administrative or legislative authorities. thout the permission from his road of the rural commercial s‐old man from Masiara village rrowed Taka 40,000.00 from a t of the office at that time. The or Mizan came to the Rahmania r, who was operating a machine ith a stick. He sustained serious to an army vehicle. Soldiers got Tala upazilla in Satkhira district. jor Mizan looked for the owner of fective remedies to persons whose rights are Altaf to a local hospital, where he ens from custodial torture and ill‐treatment. e promotion and protection of all human rights ss staff‐membe t
VII. Separate he judiciary and the executive as soon as feasible." his rickshaw through the main of the citizens and provide ef a 32‐year‐old pre commission
human rights and rule of law. . . XVI. E
rights
cases human Five
–
2. 1 3. 9
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian No. No. No.
unishment, the country has responsibility to protect its citiz
On 5 February 2008, in the morning, Mr. Kamrul Islam, a 38‐year Case On 5 February 2008, Altaf went to Kopilmuni Bazar, transporting around 10 a.m., Altaf was pulling hub. Due to traffic congestion and Altaf was late in giving way out of their car and proceeded to beat Altaf indiscriminately w injuries to his neck, back, hands and legs. Bystanders assisted received treatment for months but has failed to recover from the injuries. To pay for the treatment, Altaf sold his rickshawn and he and his wife have bo rural micro‐credit association with 20% interest. inside, came out and told the army officer that his boss was ou Major asked Bayezid to remove the signboard of the press. Bayez employee it was not possible for him to remove the signboard wi Mr. Altaf Hossain is a rickshaw‐puller from Nalta village under Case and fundamental freedoms for all without distinction of any Strengthen its efforts to meet its obligations under the treaty bodies to which she is a party. X. Contemplate kin adhering to the remaining international and regional human righ towards further strengthening governance, democracy, and consolidating the institution al structures that promote good Extend its fullest cooperation to the Council in its work of th Commission as soon as possible. X The country has not begun to fulfill Covenant many of on its Civil key pledges and in reality. As a party to the International Political Rights (ICCPR) Bangladesh has t Example
Covenant to recognize the rights P violated. The remedy should be determined by competent judicial As a party to the Convention against Torture and other Cruel, I On January 19, 2008, at around 10 a.m., an army team led by Maj Case of Tala upazilla in Satkhira district, went to the Kopilmuni Bazar to buy groceries for his family. He was caught up in the incident detailed in Case No. 1 above and was also beaten despite being an innocent bystander, as a result of which he lost consciousness. He was taken to Kopilmuni hospital where he stayed for around a week to receive treatment for the injuries he sustained, notably to his spine. Offset Press at Paikgachha upazilla town in Khulna district. Ma the press. Md. Bayezid Hossain, BANGLADESH 28 AHRC‐SPR‐008‐2008 to the police,
riminal Procedure‐1898. he police to fabricate charges against id this, Major Mizan and his ed the brothers to pay Taka first and the owner’s consent id to the Paikgachha Upazilla Army Camp at Shovna in the port bringing charges) to the icated Depak and Deleep in a to his right hand, which had pur village in the Paikgachha and Deleep in front of their both due to the vast numbers of persons age in the Paikgachha upazilla n report. Despite receiving the family mortgaged 3 parcels of o farmers Mr. Depak Nath (48) following day, the army officers e night and tortured them. They ing, Major Mizan told Bayezid to during this period. paid 5,000.00 Taka tention Bazlu was bailed out from anaged to get bail from Court. wholesaler owned by Mr. Kaisar in
FABRICATION OF CHARGES police. The police falsely impl over to the Paikgachha police, who forced him to give them yezid received serious injuries sted them and took them to the in them being detained in Khulna prison for 6 months, where tion in a criminal case. Bazlu s in the alleged robbery. Their eam comprising the army and the police went to that Bazar and etained the two brothers for th abruptly started beating Depak rcibly extract money from them, commission
rights
human
4.
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian No. No.5.
rison. eing arrested and the increased climate of impunity prevailing
b arrested persons in order to fo
The state of emergency opened a new window of opportunity for t
who produced him before court under Section Later, the police extracted further money from him for submitting a Final Report (discharging 54 of the Code of C him from any kind of offence) to the court. After 16 days of de p would enable him to remove the signboard. As soon as Bayezid sa colleague Warrant Officer Tajul Islam and several other solders started beating Bayezid with sticks and fists. Bystanders removed the signboard. Before leav go to the Army Camp along with his boss. Locals then took Bayez Health Complex for treatment. Ba employer. He assured Major Mizan that he would inform his boss On 15 February 2008, at about 8 a.m., army personnel visited tw Case still not healed at the end of 2008. and Mr. Deleep Nath (45), who are brothers, in Kashimnagar vill in Khulna district. The soldiers Day labourer Mr. Bazlu Gazi, a 34‐year‐old resident of Kalidash land to collect money for their release. In August 2008, they m Case upazilla, Khulna district, was working as a labourer at a fish Chandkhali Bazar. A Joint Force t beat people arbitrarily for unknown reasons on February 13, 2008. The army men beat Bazlu with sticks and kicked him, causing him to sustain serious injuries to the knees and lower legs. The Joint Force then handed Bazlu money on threat of false implica Dumuria upazilla. The soldiers d were beaten with sticks and boots in several occasions. On the handed them over to the Dumuria pending robbery case, resulting they received no medical treatment. The Dumuria police had forc 25,000.00 as a bribe to have them removed from the investigatio money, the police submitted a Charge Sheet (an investigation re Court, accusing the two brother wives and children, and then arre BANGLADESH 29 AHRC‐SPR‐008‐2008
y office, police rassment and a false n they met the witnesses, Magistrate ordered him to y and urged the officers to em. They said that charges ecorded with the Kanaighat d drink as your last wish, do omplaint with the Kanaighat e complaint, Matin went back uced before the Chief Judicial olice Station Mr. Iqbal Hossain for two days in police custody. of the electricit case. They then scolded Matin, ing charges against the people sociation) demanding that their
r promised that the payment of other, Mrs. Fatema Begum. Sub mplained against me to the DIG. estigation. He also requested the lowing the protest the officials of the incident where they obtained the required fees; however, the d Uddin, in the presence of the IO investigation report to the Court the officers started using abusive ng the staff of the electricity office icer (IO) to the case (No. 8, dated 9 on. Following his enquiry, Assistant police took this opportunity to abuse
s. Whatever you want to eat an man Bhuyan, on the same day the Matin's detention in the Sylhet Central Jail, ASP Farid went to d been involved in leading a protest by local people against the ‐Charge (OC) of the Kanaighat P rs from the locality. When prod ce intimidation and biased inv ural Electricity Development As ce regarding the case of assault of his mother. On 28 July, he e villagers had already paid all commission
'f s rights
human
i 10
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian On October 15, the police took Matin in remand from the prison Magistrate, Mr. M H Mahbubur Rah be remanded for two days. After his prison cell and threatened to kill him saying, "You have co Now you will bear the consequence it before you go to police remand; there will be nothing left for you after the remand. We will take care of your final departure." During the remand the Officer‐in officers in plain clothes arrested Matin on charges of assaulti and stealing electric transforme electricity be connected, as th authority connected a different area using these resources. Fol the local electricity office got annoyed with its leaders. The their power. Two complaints (No. 14 and 16 respectively) were rPolice Station against Matin and others on September 23 and 24. In the morning on September 28, in collaboration with officials
During the same period, Matin ha DIG to change the IO. On July 31, the IO secretly submitted his saying that Matin had brought a false charge. 'Palli Biddut Unnayan Samity' (R After the intimidation Matin became afraid of further police ha rebuking h m for filing a alse ca e'. As no investigation had been conducted a month after he made th On July 24, the ASP accompanied by the IO visited the scene of Police Station of Sylhet district regarding an assault on s assigned as Investigating Off Inspector (SI) Mr. Hillul Roy wa his m June 2008). to the police station to check the on status of the investigati Superintendent of Police (ASP) of the Kanaighat Circle Mr. Fari asked for a bribe of Taka 50,000.00 (USD 744).The police office the bribe would ensure a positive investigative report in bring who assaulted Matin’s mother. When Matin refuse to pay the mone visit the scene in person to learn the facts from eyewitnesses, language against him. statements from those who reportedly committed the assault. Whe they also used abusive language against them and would be brought against them for being false‐witnesses in the intimidated th investigation report by the poli submitted a written petition to the Deputy Inspector General (DIG) of Police of the Sylhet Range regarding the bribery claim, poli Example For example, Mr. Abdul Matin Shikdar, a businessman, lodged a c BANGLADESH 30 AHRC‐SPR‐008‐2008
e been killed extra‐judicially, out of killings by awarding the country’s al hundred arbitrary, extra‐judicially h "Police Medals." All of these officers fire" incidents by the law‐enforcement ed by the armed forces, in a way that is anding performance in maintaining law as then granted under the Joint Drive al killings is again on the rise. Reliable an estimated 500 extra‐judicial killings ht to life and personal liberty. However, and numerous allegations of torture. The regular police force, the latter of which is gladesh during the state of emergency. In ly killed since the state of emergency was r, gunfight, in the line of fire, or shootout order. In this hierarchy, the military is the illustrated in the following case. During the ison in the two cases on October 00 from Matin's relatives for him tra‐judicial killing. e armed forces. aiming there were accidental deaths that occurred EXTRA‐JUDICIAL KILLINGS
ent awarded 28 RAB officers wit rave human rights abuses, including extra‐judicial killings. The RAB has e law and order officially. and enjoys privileges over the aths result from torture and ex o justify these killings by cl commission
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human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian 6 and 19 and was released from prison in the evening of October 20. upposed to be responsible for th
s The number of extrajudicial killings has been increasing in Ban The Rapid Action Battalion (RAB), which is dominated by the military but also comprising the police and border security agency, was created in 2004. It has perpetrated The problems arising from this hierarchical structure are well not to be tortured in custody. Matin was bailed out from the pr the 23 month‐long the state of emergency around which the deaths of more than 250 persons were blamed on "cross 315 persons hav agencies, such as the Rapid Action Battalion, the police and th Article 32 of the Constitution of Bangladesh guarantees the rig under the state of emergency, the grave problem reports indicate that over 300 persons have been extra‐judicial of extra‐judici imposed. Previously, during so‐called Operation Clean Heart, from October 16, 2002 to January 9, 2003, around 58 deaths in custody took place, following mass arrests operation was conducted by the law‐enforcement agencies dominat now seen repeated under the emergency. All these deaths were unconvincingly blamed on heart attacks. Impunity for the alleged perpetrators of Indemnity Act‐2003. torture and killings w since its creation. It attempts t as the result of the victims being caught in the “crossfire” although the AHRC has documented numerous cases that instead show these de Shockingly, the authorities have shown their support for these Independence Day Award to the RAB on March 23, 2006, for "outst and order." In 2007, the governm have allegedly been involved in g continued to act with complete impunity as a result. Inter‐agency rivalry has led to the police seeking to compete with the RAB, and they have killings. They also claim these result from crossfire, encounte allegedly perpetrated sever incidents. state of emergency the police, RAB and the armed forces have been deployed across the country, ostensibly to “aid the civil administration” with maintaining the law and dominant force, the RAB is next
and the IO SI Shyamol allegedly extorted bribes of Taka 20,000. 1 BANGLADESH 31 AHRC‐SPR‐008‐2008
disappearance. Sub rsons. Three more plain of the RAB regarding talking with a friend Mr. ng themselves as coming ction with the arrest of ike. They walked towards amun and Mr. Monir, had l office of the Directorate in Barisal city when he was e RAB may lead to further The on‐duty police officers tives and friends went to the :15pm on 1 December 2007, of the RAB‐8 where two on‐ B‐8, requesting their urgent middle of the bike, and was Rahman, an inhabitant of the ffice and the Kotowali Model after their patrol teams had them. He resisted, saying that ers of RAB. He also suggested (GD Number 821). In the GD, nowledge of any such incident. al District Bar Association, who applications to the all relevant refused to record the GD saying e RAB may kill the man secretly. an intelligence agency; from the laint for similar reasons. the district, including the Police formation of the victim. Following persons, then blocked Mamun and the RAB‐8 was situated). said that as the RAB was involved in
ile a complaint against members a case against any member of th to the accusation against RAB, als, requesting security and in rn about Monayem's whereabouts. d midnight, the police officer es he had against him up until that day. agues of the two so‐called RAB aged Mainul from lodging a comp hing to do with the case. ’ regarding the incident. commission
cour rights
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ader, also dis 11
INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian the arrest, the police had not On 2 December 2007, Mainul, brother of Monayem, along with rela Kotowali Police Station to Monayem by the plain clothed members of RAB, and his subsequent record a General Diary Inspector Mr. Moazzem, referring (GD) in conne On 14 February 2008, Mainul prepared a draft of General Dairy removing the word "RAB" and finally it was recorded with the Kotowalit Model Police Station asked the relatives to wait, saying returned to the office. At aroun they could confirm it only Mainul and his relatives continued visiting senior officials of Commissioner of the Barisal Metropolitan General Police of (BMP), Forces Intelligence the (DGFI) loca and Deputy Director intervention into the matter. The family also submitted written of RA offices of the city with the same request. Mainul alleged that his brother Monayem had disappeared since 8 after he was picked up by a group of plain clothed officers of Kaunya Main Raod's Amdia House, in the presence of Mr. Muzibur
that the police had nothing to do with allegations against memb Mainul lodge a ‘regular case Mainul went to Mr. Yunus Talukdar, a senior lawyer of the Baris was of the opinion that lodging deterioration of Monayem's condition while in their custody; th He suggested pursuing the offici the reluctance of Mr. Yunus to f Muzibur Rahman in front of Amdia House at the Kaunya Main Road approached by two plain clothed persons who arrived on a motorbMonayem and asked whether his name was Monayem before identifyi from the Rapid Action Battalion (RAB) and insisted he accompany he was on bail for all of the cas During this conversation two of Monayem's friends, namely approached the scene where Monayem was seen arguing with two pe Mr. M clothed persons, allies or colle Monir from proceeding further. Monayem was forced to sit in the taken toward the western part of the city (where the office of Monayem's friends and members of the family went to the office duty sentries did not allow them to enter the gate and denied k Then they went to the Criminal Investigation Department (CID) O Police Station of Barisal to lea Monayem's disappearance, Mainul went to another senior lawyer. Mr. Enayet Peer Khan, who is a political le Example On 1 December 2007 at 8:15pm, Mr. Md. Shafik Ullah Monayem was BANGLADESH 32 898 and Section 86 of AHRC‐SPR‐008‐2008
re on this issue of f locating Monayem ion was available about armony, security or sovereignty of t have influenced the RAB ssion of explosives, listed dangerous rs did not mention the sion (AHRC) that following tion whatsoever was being m is seen as a rival for the sedly to combat terrorism. Section 6 of or General of the Bangladesh dition in the report. or other forms of support for loosely‐ estigating Officer for the GD. nted to the authorities in 2007 under police to arrest any person on suspicion. s. The police chief received his a minimum of three years to a maximum the population." rimes including: killings; serious attacks; litan Police, Mr. A K M Makfarul isal City Corporation, Mr. A K M pril 2008, claims that there had a group of RAB officers. Major rcing agencies about Monayem's suspicion." Section 39 asserts that the crimes OUNTER‐TERRORISM ORDINANCE any segment of
onayem not to contact him any mo of the local Ward of the Bar formation about his current con to pick up Monayem, as Monaye g its people or g damage to property; and posse nti‐Terror Ordinance‐2008, suppo able. Section 54 of the Code of Criminal Procedure‐1 sappearance after an arrest by army, RAB and the police. n the basis of mere "reasonable commission
rights
human VIOLATIONS RESULTING FROM THE C o t INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian aken concerning his disappearance. On 21 October 2008, Mainul made an appointment with the Inspect Mamun warned the relatives of disappearance. M Police Mr. Nur Mohammad in his office at the Police Headquarter written complaint and orally assured Mainul that the police would take action on this regard. However, until the time of writing of this report in December 2008, the family had not received any updated information about the whereabouts of Monayem. No ac t Persons can be charged under Section 7 with providing defined "terrorist activities" o financial chemicals or firearms, with Bangladesh and create panic amon the "intention to harm the unity, h
Further to the already significant list of arbitrary powers gra
Major A K M Mamunur Rashid following the complaint of his di Mamun of RAB‐8 delayed the process o ordinances issued by the authorities controlled government imposed A under the state of the ordinance, includes provisions for rigorous imprisonment of emergency, on June 11, 20 2008, years the life‐term, as military‐ well as the abductions death or penalty, kidnapping; for causin various c whereab u s of Monayem or any in Monayem's brother Mr. Mainul told the Asian Human Rights Commis However, no investigation was conducted and Monayem. no updated informat continuous denial, refusal and reluctance by the local law‐enfo whereabouts, his 96‐year‐old father Mr. Mohammad Harun‐ur‐RashiFatema Beagum and Mainul himself wrote a series of letters to the top officials of the d, Monayem's wife Mrs. government, and chiefs of the An Assistant Commissioner (AC) of Police of the Barisal Metropo Islam, in a one page enquiry report, which was revealed on 17 A been a dispute with a Commissioner Mortuza Abedin. The AC Makfarul suspected that Mr. Mortuza migh members or used his private force following city corporation election. However, the police office same area. Sub Inspector Mr. Ershad Ali was assigned as the Inv under this ordinance are non‐bail the Dhaka Metropolitan Police Ordinance‐1976, already allow the BANGLADESH 33 TH AND ble grounds that the AHRC‐SPR‐008‐2008
sse. Under the new ordinance, the ce‐2007 and the Emergency Power ency Rules‐2007. The government is y as members. Suspects are supposed l principles of justice as accepted in bitrarily arrest and detain people, the n July 30, 2008, headed by former High they have committed and declare the itary‐government‐appointed tribunals, r Special Tribunals. There are serious ainst corruption," detaining at least 170 mptroller General Mr. Asif Ali and retired Bangladesh's government ‐ a member of nce‐2008 to increase its crackdown, with fabricated charges produced sequentially to the dispute. If such a party is given consecutive days, which can be extended nable grounds," any case relating to crimes odes any notion of the independence of the judge must pre‐judge the case before it has etion of depositions. This power allows the ss satisfied with reasona trates typically follow the instructions of the it will exploit this power, resulting in delays which public and media access is denied. under the State of Emergency. as they are held in camera, without the presence ED BY THE UNCONSTITUTIONAL TRU D
ACCOUNTABILITY COMMISSION and Accountability Commission o r new powers, notably the Emerg groups. Furthermore, multiple her with the Anti Terror Ordina ernment may transfer, on "reaso trates, under Section 26. Magis various crimes are higher, however. is is being seen in Bangladesh commission
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human INTERNATIONAL HUMAN RIGHTS AY 2008 ‐ BANGLADESH asian ARBITRARINESS AND IMPUNITY PROVID he Human Rights Council ‐ to lift the emergency and repeal all such ordinances.
During the state emergency the government initiated a “fight ag politicians and businessmen unde prosecuting them in closed Special Sessions Judges' Courts, to The government formed the Truth Court Judge Mr. Habibur Rahman Khan as its Chairman, retired Co Major General of the Bangladesh Army Mr. Manzur Rashid Chowdhur to disclose information to the Commission about amount of assets and money earned through illegal means. These assets are then handed over to the State any corruption As with corruption charges that are being tried in special, mil Under Section 32, a magistrate or judge cannot grant bail "unle penalties and sentences for the The police can hold persons in remand for interrogation for ten for a further five days by magis government and other influential are used to ensure lengthier remand periods. charges under the Anti‐Terror Ordinance are tried concerns about such tribunals' a by bility to deliver fair trials, Anti‐Terro of the public even the accused persons' relatives. These powers have previously been abused to arrest people en ma According to Section 41, the gov accused person might not be convicted." This suggests that the been heard in full, which evidently international norms and standards. goes against the fundamenta under this ordinance, from any sessions court tribunal to any sessions court, at any stage prior to the compl or tribunal to any special tribunal, government to interfere in any case it wishes and completely er or from any special judiciary. In a criminal proceeding, the government statutory power to transfer cases at a whim, it is likely that is a party and/or travesties of justice. Th Despite the Special Power Act‐1974, the Emergency Power Ordinan Rules‐2007, which already give the government wide powers to ar government has armed itself furt
t international community, which has thus far further abuses expected to be perpetrated. For this reason, the remained eerily mute, must immediately begin to act to pressure BANGLADESH 34 d the High Court's AHRC‐SPR‐008‐2008 he Appellate Division.
stice Mir Hashmat Ali and Shamim Commission under the Voluntary ds of fair trial. The Constitution of without fear and intimidation in an credible, fair and transparent general esting elections and holding public or ied directly and 10 were forwarded by current government officials and those l tribunals, in secretive trials, which are ency on charges of corruption, many of cerned about the fate of the decisions to ultra vires to the country's constitution. were forwarded by the Anti Corruption the emergency instruments against the ion from any future criminal prosecution confidential, apparently to preserve the otably as the authorities have detained a irety". After hearing a writ petition filed by Commission had received 389 applications did not give any legitimacy to the activities right to enjoy equality before the law, but the d by the government.
al rights and excessive use of on this case. There are debates going on regarding the public resources Coordination Committee, 20 appl anipulates the system with laws ility Commission, if it is finally declared illegal by t corruption – 192 applications . However, the whole process is ll individuals beyond ethnic discrimination. ted immediately. The fundamental rights of the people should be restored commission
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human INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ BANGLADESH asian pent on the Truth and Accountab Recommendations: 1. The state of emergency, which has been causing serious damage to country's human rights situation as a result of suspension of fundament 2. The process of democratisation should be launched through a s ordinary citizens, should be lif without delay. election by ensuring people's environment of protection for a right to choose their leadership
The lack of transparency of this system is a serious concern, n On 13 November, 2008, a High Court Division Bench comprising Ju Chamber Judge, staye However, on 16 November, Justice M A Matin, Appellate Division or punishment for these acts. Such persons are corporate barred offices from for cont five years persons' social dignity. number of politicians and businessmen during the State of Emerg whom have been convicted for a minimum of three years by specia monitored by the military and Bangladesh clearly asserts in Article 27 that every citizen has do not meet international standar military‐controlled government m These Commissions are designed in order to ensure impunity for connected to them for past corruption, ensuring they cannot be held responsible for any of their actions, while opponents of the regime continue to be pursued for similar offences. Hasnain passed a verdict Disclosure Ordinance‐2008 "unconstitutional and void in its ent declaring the Truth and local rights groups the Court declared this verdict. The Court Accountability done by the quasi‐judicial body. verdict for one month after hearing a provisional petition file Prior to the High Court's verdict the Truth and Accountability for leniency regarding crimes of Commission, 167 by the National and the Commission issues a certificate which acts as an exempt Human rights defenders and relevant professional groups are con courts. come from the Appellate Division BANGLADESH 35 onal instruments to rectly or through its AHRC‐SPR‐008‐2008
n Bangladesh must be stopped iii) making criminal investigation, blished to assist courts to dispense ffective body by providing it with the ndatory provision for prosecuting the ould be launched in order to stop any the rule of law and human rights, by s with adequate ethical and practical ough illegal arrest, arbitrary detention, t, v) repealing existing laws that are mpliance with the Convention Against Commission beyond any intervention by s groups in Bangladesh should consider nd standards in their election manifestos partment, not the same police as are being ), Conventional against Torture and Other viding the required logistics; and ensuring r commitments in public to provide human ses. n under the Special Power Act‐1974 and all itizens, as well as the use of torture and ill‐ e stopped. The agencies and the individual national human rights instruments including ry’s various institutions. n by the armed forces di ghts a of human ri bu
ven commitment to establishing n independent Judicial Service by law‐enforcement agencies thr vil and Political Rights (ICCPR of law institutions must be stopped. All military officers should be removed commission
Bangladesh is a party. alleged perpetrators rights
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12. Civil society, relevant professional bodies and human right 11. There should be a clearly pro legislating laws in compliance with the provisions of the inter the International Covenant on Ci all other internati Cruel, Inhuman and Degrading Punishment and Treatment (CAT) and which Bangladesh is party. The political parties must make clea rights policies in line with international human rights norms a prior to the general election. focussing on the necessity for reforms to the prepare country's separate criminal justice bills system on as well the as removing initiatives following to corruption issues: i) and the delays prosecution and the judiciary competent and accountable, iv) la criminalisation of in torture the and unching a witness protection mechanism criminal ill‐treatment, that can effectively provide protection to those that require i ii) justice system, contradictory to the international human rights instruments. 3. Militarisation in the civil institutions and the interventio 5. Torture should be criminalised in domestic legislation in co 7. Reforms to the criminal justice system should be launched. Existing laws such as Sections 54 of the Code of Criminal Procedure, the clauses enabling preventive detentio 8. Criminal investigations should be conducted by a separate de 9. An independent and capable prosecution system should be esta 10. Make the newly formed National Human Rights Commission an e intelligence agencies in the rule from the civilian offices they have been occupying in the count 4. The arbitrary abuse of power fabricating charges, intimidation and extortion from ordinary c treatment in custody in immediately. A transparent and a the ccountable monitoring system sh name of kind maintaining of manipulation by law the law‐enforcement and agencies, with a alleged perpetrators of the abuses. order ma i Torture (CAT,) to which 6. The practice of all forms of extrajudicial executions must b personnel who are responsible for extrajudicial executions should trials before civilian courts. be prosecuted in public, transparent other laws that are enabling rights abuses should be repealed immediately. accused of perpetrating violations. justice. A competent judiciary – from the bottom to the top – should be established by: recruiting magistrates and judges through a the politicians and bureaucrats; training knowledge about the necessity of effective judicial remedy; pro judges and magistrate accountability within the institutions. authority to prosecute