Odhikar believes
that democracy is not merely
a process of electing a ruler; it is the result of the peoples’ struggle for inalienable rights, which become
the fundamental premise to constitute the State. Therefore, the individual freedoms and democratic aspirations of the citizens
– and consequently, peoples’ collective rights and responsibilities - must be the foundational principles of the State.
The democratic legitimacy of the State is directly related to its willingness,
commitment and capacity to ensure
human rights, dignity
and integrity of citizens.
If the state does not ensure full participation in the decision
making process at all
levels – from the lowest
level of administration to the highest level – it cannot be
called a ‘democratic’ state. Citizens realise
their rights and responsibilities through participation and decision
making processes. The awareness about the rights
of
others and collective benefits and responsibilities, can be ensured and implemented
through this process as well. The Parliament,
Judiciary and Executive cannot
and should not,
have
any
power to
abrogate fundamental
civil
and
political rights through any means, as such rights are inviolable and are the foundational principles
of the State.
Odhikar, being an organisation of human rights defenders in Bangladesh, has been struggling to ensure
internationally recognised civil and political
rights of citizens. Odhikar stands against
all forms of human rights violations; and participates and remains directly
involved in the human rights movement
in Bangladesh.
Odhikar does not believe that the human rights
movement merely
endeavours to
protect the ‘individual’ from violations perpetrated by the state;
rather, it believes that the movement
to establish the rights and dignity
of every individual is part of the struggle to constitute Bangladesh as a democratic state. As part of its mission, Odhikar monitors the human
rights situation in order to promote and protect
civil,
political, economic, social and cultural
rights of Bangladeshi citizens and to report on violations and defend the victims. In line with this campaign,
Odhikar prepares and releases human rights status reports every month. The Organisation has released
this
human rights monitoring report of September 2016, despite facing
persecution and continuous harassment and threats to its existence since August 10, 2013.
*Odhikar's documentation
** Odhikar
only documents allegations of enforced disappearance where the family
members or witnesses
claim that the victim
was taken away by
people in law enforcement
uniform or by those who
said
they were from law enforcement agencies.
***The cases of arrests under the Information and Communication Technology (ICT) Act that
are
documented are those where the presentations/statements in question are considered critical against
government officials and government
party leaders, as these are mainly reported in the media.
Political violence
1.
According to information gathered by Odhikar,
in September 2016, seven persons were killed and 213 were injured
in political violence. Furthermore,
18 incidents of internal
violence in the Awami League were also recorded during this period, where six persons were killed and 197 were injured.
2.
Criminalisation of Chhatra League1 and Jubo League2 continues. Across the country, leaders and activists
of the ruling party,
mainly Chhatra League and Jubo League,
are reportedly involved in criminal activities and most of the
criminal activities and violence are linked to vested interest.
Such acts have caused internal
conflicts; and mainly occur using political influence. During
violent political altercations, these groups were seen in public, armed with
weapons. In almost all cases,
they got away with their criminal
activities. Two incidents of September 2016 are as follows:
3.
On September 15, 2016 at around 11:30
pm, a rickshaw
puller named Kabir Hossain took Banani Thana unit Jubo League’s Joint Convener
Yusuf Sardar Sohel and his associate
Shah Alam, to Banani road 2 from Gulshan
(Dhaka)
for a fare of Taka 403. After reaching
the destination, Sohel and Shah Alam were leaving without
paying the rickshaw puller. When the rickshaw
puller
Kabir asked for his fare, Sohel slapped
him and then shot him in the left leg. Kabir Hossain was admitted
to Dhaka Medical College Hospital
and a case was filed with Banani Police Station
in this regard.
The next day police
arrested Sohel with a pistol and 22 bullets.
On September 17, police produced
Sohel before
the court and sought a 5-day remand. Meanwhile, the lawyer of the accused Sohel had appealed for a bail, cancelling the police remand. After
the hearing, Dhaka Metropolitan Magistrate Golam
Nabi granted Sohel’s
bail
plea.4
4.
On September
18, 2016 Alvi Hassan (17), a student of
Wills
Little Flower
School and College, was stabbed and injured
by Chhatra League leader
Kamrul and his associate Tipu at the Malibagh
Rail Crossing area in Dhaka. While attacking
Alvi, Kamrul said, “I am a Chhatra League leader. I came
here to cut your hands”.
Alvi was admitted to Dhaka Medical
College Hospital. Later he was transferred to the Orthopedic
Hospital as both his hands were severely
wounded. It is to be mentioned that such incident
occurred after Alvi’s
classmates paid Chhatra League leader
Kamrul to beat
him up over a dispute between senior and junior students
of Wills Little Flower School and College.5
1 Student wing of the Awami League
2 Youth wing of the Awami League
3 1.00 taka= 0.0127624USD (Mid-market rates: 2016-09-29 09:28 UTC)
5. Political intolerance and criminalization of politics
has increased alarmingly
after the controversial and farcical
Parliamentary elections
on January 5, 2014 and the leaders and activists of the ruling
party are using
the administration for their politically vested interest. At the January 2014 election,
the
government took away the voting rights of the people which was repeated through criminalization
in the local government elections. Thus democracy
needs to be restored
immediately by establishing an accountable government through free, fair and inclusive Parliamentary elections under a neutral government, or under the supervision of the United Nations.
Enforced disappearances
6. According to information gathered by Odhikar, from January
to September 2016, 63 persons were allegedly
disappeared. Of them, eight were found dead, 38 shown as arrested after a long time or surfaced alive and the whereabouts of 17 persons remain unknown.6
7. On September 15, 2016 the UN Working Group on Enforced
or Involuntary
Disappearances stated in its annual report, submitted
to the UN
Human
Rights Council, that incidents
of enforced disappearance are increasing
in
many countries around
the world and this is leading
to a ‘very frightening
trend’. The report revealed that cases of
enforced disappearance are rising due to ‘fallacious and pernicious belief that such process
is a useful tool to defend national
security and combat terrorism’.7 It was also mentioned in the
6Odhikar only documents allegation of enforced disappearance where the family members or witnesses claim that the
victim was taken away by people in law enforcement uniform or by those who said they were from law enforcement agencies.
report that during the reporting
period from May 2015 to May 2016, the Working Group transmitted 766 new cases of enforced disappearance to 37 States.8 The Working Group transmitted
483
of the above-mentioned cases under the urgent action procedure9 to 20 States10, which is three times higher
than the number
of cases mentioned
in its previous year’s annual
report.11 During the four-year reporting period from May 2011 to May 2015, the Working Group transmitted 384 new cases of enforced disappearance to 33 countries, including
Bangladesh, concerned that the alleged
frequent use of enforced disappearance was a tool used by law enforcement agencies, paramilitary and armed forces
to detain and even ‘extra-judicially’ kill individuals.12 The Working
Group received a reply from the Bangladesh
government on only one case out of 31 cases that it transmitted during the
reporting period,
according to the report. In the single case, the government
informed the Working Group that the person, who was an alleged victim of enforced disappearance, was ‘at liberty’.13 It is to be mentioned
that the crime of enforced disappearances reemerged as a dangerous trend in Bangladesh in 2009. One case of September
2016 is as follows:
8. On September 4, 2016 at around
3:30 am, the Detective Branch of Police, led by Sub Inspectors Rowshan Ali and Yeasir Arafat conducted
an operation in
Boroitola village of Gandhail
Union under Kazirpur
Upazila in Sirajganj District; and arrested suspected JMB leader Faridul Islam’s mother
Phulera
Begum (45), his two sisters Shakila Khatun (18), Salma Khatun (16) and a
neighbour (carpenter) Rafiqul Islam’s wife Razia Begum (35). On September
5, the Superintendent of Police of Sirajganj District, Miraj
Uddin gave this information at a press conference. Meanwhile, Rafiqul Islam’s
father Lokman Hossain alleged that police picked up six persons, including his son and
daughter-in-law one month ago from Boroitola
village. After a long time with
no communication, his daughter-in-law had been shown as arrested
but the whereabouts of his son remained unknown.14
9. Odhikar expresses
grave concern over the persistent incidents
of enforced disappearance. This has to be stopped
and punishment of the perpetrators must be ensured.
9 Cases of enforced disappearances that occurred within three months prior to the receipt of a report by the Working Group.
12 The daily New Age, 17/09/2016, ‘UN concerned
over enforced disappearance’, http://newagebd.net/251835/
13 Ibid
Extrajudicial killings
10. According to information gathered by Odhikar,
in September 2016, 10 persons were allegedly killed extra judicially.
11. Incidents of such killings were claimed as deaths in ‘gunfight’ or ‘crossfire15’ by law enforcement agencies.
Although the highest court of the country issued several rules
regarding extrajudicial executions, extrajudicial killings do not stop. The government flatly denies incidents
of extrajudicial killings,
despite repeated
demands to bring the responsible parties to justice; and the
impunity of law enforcement agencies, in terms of extrajudicial killings
prevail. One example is as follows:
12. On September 12, 2016 police claimed
that one youth
named Al-Amin Islam Manik alias Robin
(30) was killed
in ‘gunfight’ with police
at Hatirjheel area in Dhaka. Police of Tejgaon Industrial Police Station
stated that in the night of September 11, 2016 police arrested ‘chief robber’
Al-Amin from Tejgaon industrial area. During the primary interrogation, Al-Amin said that some of his men would be gathered at the north-east corner
of the Mohanagar Bridge preparing for a robbery. Based on this information, police carried out an operation with Al-Amin in that area at around 3:45 am on September
12. According to police, Al-Amin’s associates opened fire at
them and in retaliation police shot back. At one stage of gunfight
between the two groups, Al-Amin was shot while he was escaping. Al-Amin
was taken to Dhaka
Medical College Hospital where the duty doctor
declared him dead. After the
incident, the role of the police created questions because at first, it was
informed that a body of an ‘unknown
man’ had been found in Hatirjheel. Later, it was written in the register
book at Dhaka Medical
College Hospital
that Al-Amin died in a road accident
and thereafter this had been corrected to
state he was shot and killed.16
Type of death
‘Crossfire/encounters/gunfights’
13. Eight persons
were killed by ‘crossfire/encounters/gunfights’. Among them seven were allegedly killed by police and one by RAB.
Shot to death
14. One person was shot to death by police during this period.
15 On November 15, 2009 a Bench of the High Court Division
of the Supreme Court of Bangladesh, issued a suo moto Rule on the government
regarding the deaths of
two brothers,
Lutfar Khalashi and Khairul
Khalashi in ‘crossfire’ in Madaripur. In the Rule the Court
asked the government to show why the killings of the
two brothers in ‘crossfire’ would not be declared illegal. On December 14, 2009 the State (Attorney General) appealed for time during the hearing to the same High Court Division
Bench. The Court ordered that
the practice of
‘cross fire’ be stopped until the hearing of the case is completed
Beaten to death
15. One person was allegedly beaten to death by police.
The identity of the deceased:
16. Of the 10 persons who were killed extra-judicially, one was a shop owner and nine were alleged
criminals.
Worker Rights:
Explosion at Tampaco factory: 41 bodies recovered
17. On September 10, 2016 at around 6:00 am, four adjacent
buildings caught fire after a huge
explosion in an aluminum
foil packaging factory belonging
to
Tampaco Foils Limited, in Tongi, Gazipur. As a result,
a 5-storied and two 3- storied buildings of that factory collapsed. Many people were killed and injured due to the fire and were trapped under the buildings. To date, 41 bodies had been recovered. At least 11 persons
are still missing, as claimed by their families. In addition
to that, 35 persons were injured. Among the 41 deceased, one was a rickshaw
puller, two were bystanders and one was a
child, who lived in a house beside the factory.17 Soon after the accident, it was
reported that such incident
occurred due to a boiler explosion. But after getting the fire under control, the boiler room was inspected
by the Inspector Engineer Sharafat Ali of the Ministry
of Industry. He claimed that the two
boilers were intact. He believes that such accident might have occurred due to
a leakage in a gas line. Boiler operator
in-charge of the factory,
Imam Uddin said that a leakage was created
in the gas line on September 4, 2016.18 On September 17, 2016 workers of Tampaco organised
a protest and human chain, demanding that the Titas Gas authority
of the government be held
responsible for this accident.
They claimed that information about the gas line leakage was given to Titas Gas, on behalf of Tampaco, four days before the accident; but the Titas
Gas authority did not take any measure.19 The Officer- in-Charge of Gazipur
Police Station, Firoze
Talukder said that four years ago, it was found, by a primary investigation, that the buildings
had become incompetent to be used as a factory.
Moreover, the electric
facility was also
vulnerable.20 A few months ago, the local Municipal authority requested the concerned authorities, including local factory and institution inspection
authority and Bangladesh Small and Cottage Industries Corporation (BSCIC)
17 The daily Prothom Alo, 19/09/2016; www.prothom-alo.com/bangladesh/article/979579 and the daily Prothom Alo, 25/09/2016; www.prothom-alo.com/bangladesh/article/985570/
17 The daily Prothom Alo, 19/09/2016; www.prothom-alo.com/bangladesh/article/979579 and the daily Prothom Alo, 25/09/2016; www.prothom-alo.com/bangladesh/article/985570/
20 The Daily Star, 19/09/2016; ‘Gas leak
alert ignored Say Tongi police;
file murder case against
10
including owner over Tampaco fire’; http://www.thedailystar.net/city/gas-leak-alert-ignored-1286137
to declare the factory unfit. The owner was also alerted,
but no one paid any heed.21 There was no stairway in the 5-storied
building, despite the Tampaco
Foils Limited
claim of being a factory having international standards and compliance. Only an iron made stairway was present outside the building. The factory was in service violating
all labour related national and international laws. The factory
authority did not even give appointment letters to the workers.22 On September 17, 2016 Sub Inspector of Tongi Police Station, Ajoy Kumar Chakroborty, filed a murder case with Tongi Police
Station. In the case, the Chairman of Tampaco Foils Ltd. and ex-MP of Sylhet-
6 constituency, Syed Maqbul
Hossain and his wife Mosammat Parvin; his son and Managing
Director of the factory, Tanvir Ahmed; his daughter
and Director of the factory, Abida Parvin; son-in-law and Deputy Managing Director, Shafi Sami; General Manager
Shafiqur Rahman; Manager (Administration) Monir Hossain;
Manager (General) Samir Ahmed; Deputy
Managing Director Alamgir Hossain; and Manager (Security) Hanif had been
accused. In the FIR, allegations of constructing vulnerable buildings, keeping a weak gas line and not repairing boilers
were made against the accused
persons. The complainant
also alleged that the accused persons had killed and
injured workers and bystanders by intentionally setting fire to the factory through negligence. Earlier, on September 12, Abdul Qadir, father of a deceased worker Jewel Mia, filed another murder case accusing
eight persons, including the factory owner.23
18. Odhikar condemns
and also expresses deep concern
over the incident. Vulnerable workers
are working in factories
that have infrastructural flaws,
lack inspections due to corruption, etc. Due to the serious irresponsibility of some factory owners and negligence of the government, workers are repeatedly facing such disasters and the relevant government officials and
factory/industry owners are usually not being
held accountable. As a result,
1.
such incidents continue. We can recall the many workers who were killed due to fire at two garment
factories, Tazrin Fashions
in November 2012 and at Smart Garments situated at Ashulia in January 2013; and those killed
due to
the Rana Plaza collapse in Savar in April 2013.
Repression against RMG factory workers
19. According to information gathered by Odhikar,
in September 2016, 15 workers were injured
by the garments
authority during
workers unrest in the ready-made garment industries.
20. On September 29, 2016
workers of a garment factory
called Ananta Denim
Technology, situation at Kanchpur Dayabari area under Sonargaon Upazila in Narayanganj District, were gathered inside the factory
and protesting against
late payment of their wages, bonus, holiday and overtime
allowance. The factory Manager (Admin)
Sushanta Kumar slapped a
female worker there,
which infuriated the workers who beat five officials, including Sushanta Kumar, Accounts Officer
Mainuddin and a (Sri Lankan)
officer Prodip
Chandra Nath. After that, a group of criminals led by Jubo League activists
Babul, Sumon and Ohid, under directions from the factory
owner, attacked workers with local weapons. At least 15 workers were injured in this regard.24
21. Garment manufacturing factories are a very large source of revenue
for
Bangladesh and the factory
workers are one of the main contributing factors
to this success. However, many factories were closed without notice. This and the sudden termination of workers and not paying wages on time are some of the main reasons for workers’ unrest.
Torture, inhuman treatment and lack of accountability of law enforcement agencies
22. Allegations of acts of harassment, extortion, attacks,
torture and killing against the police are becoming
more and more common.
The members of law enforcement agencies are enjoying impunity due to the government practice of using the law enforcement agencies against its political
opponents
and others
who oppose or criticise
it. As a result,
they have come to believe that they are above the law. After a prolonged campaign, on October 24, 2013 the Torture and Custodial Death (Prevention) Act, 2013 was passed
in the Parliament. Despite this, there was no change
in the actual situation. Some incidents are as follows:
Unlawful detention, torture and punishment of a school student through a mobile court
23. A student
class of IX of Protima Bonki Public High School of Tangail district,
Sabbir Hossain Sikder (15) was allegedly
tortured after being taken and detained for three days over allegations of giving
death threats on Facebook
to Anupam Shahjahan Joy, Member of Parliament (MP) of Tangail-8
(Basail-
Shakhipur) constituency. Sabbir was punished
through a mobile
court. The MP’s cousin Shibly
Mia, filed a General Diary (GD) with Shakhipur Police
Station in this regard. As a result, on September 16, 2016
police
arrested Sabbir Hossain
Sikder and a youth called Roman Ahmed from their homes. Roman Ahmed was released, but Sabbir was tortured after being detained for
three days in Shakhipur
Police Station and a confession was extracted
from him. In the evening of September 18, 2016 a mobile court was set up through
Shakhipur Upazila Nirbahi Officer (UNO), S M
Rafiqul Islam,
which sentenced Sabbir to two years
imprisonment under the Narcotics Control Act
1990, showing him to be 19 years of age.25 On September 19, Sabbir was sent to jail. On September 20, a media report of the incident
drew the attention of a
vacation Bench of the High Court Division
of the Supreme
Court comprising
of Justice M Enayetur Rahim and Justice Ashish Ranjan Das. The High Court issued a suo-moto Rule and directed
the Executive Magistrate of the mobile
court and UNO, SM Rafiqul Islam and the Officer-in-Charge of Shakhipur Police Station
(OC), Makshudul Alam, to be present in person before the High Court on September 27 and explain
this matter. At the same time, convicted Sabbir was given bail and asked to be present before this court.26 After that, S M Rafiqul Islam,
Executive Magistrate of the Mobile Court and Upazila Nirbahi Officer
and Maksudul Alam, the Officer-in-Charge of Shakhipur Police Station, presented their statements before the High Court
Division
Bench of Justice
M Enayetur Rahim and Justice Ashish
Ranjan Das, through lawyers. At the same time, Sabbir Hossain also described
the incident. He said that on the night of September 16, 2016, police arrested him from his house and took him to the house of the Member of Parliament (MP). The MP became
furious and beat him twice.
After that, police detained
him for three days.
Police threatened to kill him in crossfire and blindfolded him and also tortured him. After that UNO, S M Rafiqul
Islam kicked Sabbir
in the chest when he was taken to his office. After the hearing, the Court fixed October
18, 2016 for issuing an Order regarding
the incident.27
25 Report sent by local human
rights defender associated with Odhikar from Tangail
Allegation of being beaten to death by police
24. On September 7, 2016 Sub Inspector of the Detective Branch (DB) of Police at
Norshingdi, Khokon Chandra Sarkar
conducted a raid at Mohammad
Ali’s grocery shop on suspicion over the selling of drugs in the shop, in Matialpara
area under Belabo Upazila in Norshingdi District. During the raid,
Mohammad Ali was beaten with an iron rod and also hit with bricks when he denied the allegation of selling
drugs. Later he was taken to Belabo Police
Station and a case was filed against
him after police
confiscated 100 Yaba.
Witnesses and the family members of Mohammad
Ali said that at around 3:00 pm Mohammad Ali was brought
to Norshingdi District
Hospital with severe
injuries and he died there in the evening.
The Officer-in-Charge of Detective Branch of Police (DB) in Norshingdi, Saidur Rahman
said that Mohammad Ali was in good health when he was arrested. Later he was taken to the hospital when he became sick and as a result he died while was under treatment.28
Allegation of detaining of three youth at police station for 23 hours without any charge
25. On September 26, 2016, police arrested
Mohammad Rasel Ahmed (18), a
student of the Bangla department at Asian University; Rubel Hossain
(22),
local fish trader;
and Mohammad Ruhul Amin (21) from a field beside Road No. 1 of Sector
10 of Uttara,
Dhaka. While in custody the men said that they
were friends and were chatting
beside a field. ASI Mohammad
Sagor (who
was in plainclothes) and Constable
Sujon Bhuiyan, led by plain clothed
SI Abdullah Ibn Sayeed, approached them and started
interrogating them. The policemen started
to search them but found nothing
illegal. After a few
minutes, the policemen collected a cigarette packet from behind where the three men were standing and took them to the police station.
The families of the men alleged
that SI Abdullah demanded taka 400,000 as bribe to release
them. Later, taka 20,000 was fixed to release the youths. But at around 2:00
am, when the members of the detainees’ family went the police with the money, SI Abdullah told them that they could not be released
because the higher authority of the police station
knew of the matter.
Then SI Abdullah demanded taka 50,000 as a bribe. After several
movements of lobbying
and discussion, the men were released after 23 hours of detention.29
26. Odhikar believes that such acts of brutality, harassment and torture have
increasing due to unfettered impunity of the members
of law enforcement agencies and for unlawfully using them for the sake of political
gain; and due to immense corruption at every stage, including
in appointments and promotions of law enforcers.
Death in jail
27. In September 2016, a reported five persons
died in prison due to ‘illness’. It is alleged that due to lack of proper
treatment facilities and negligence by the
prison authorities, many prisoners
become ill and some die. Again, there have
been instances where persons
who are abused in police custody and fall gravely ill, succumb to their mistreatment in jail custody,
where they are sent
by the court.
28. Odhikar demands
the government ensure adequate medical
treatment in every prison and stop torture in remand.
Public lynching continues
29. In September 2016, two persons were reportedly killed due to public
lynching.
30. Due to a weak criminal
justice system, lack of respect
for law, distrust of the
police and instability in the country,
the tendency to resort
to public lynching
is increasing. People are losing their confidence and faith in the police and judicial system. At the same time, the social fabric is crumbling
resulting in insensitivity, insecurity, lack of empathy
and fear. As a result,
incidents of killings by mob violence continue.
Hindrance to freedom of expression and the media
31. The government is severely curtailing the right to freedom
of expression and
preventing dissenting or critical
voices. The government has already drafted
repressive laws, such as- National Broadcasting Bill 2016 and Distortion of the History of Bangladesh Liberation War Crimes Bill 2016 and also finalised a draft for a
Press Council (amendment) Act 2016 and the Foreign
Donation (Voluntary Activities) Regulation Bill 2016, incorporating provisions for
regulating non-government organisations. If these laws are passed,
they will
1.
severely regulate
the media and curtail freedom of expression of the citizens. In the meanwhile, the repressive Information and Communication
Technology Act 2006 (amended
2009, 2013), is being imposed against people who are critical of the decisions
and activities of those in high positions
of the
government and their families. Even the local administration is used to punish people through mobile
courts. The social
media are also under constant monitor by the government and the Cabinet has approved
of the Bill for a new Digital Security Act 2016. In Bangladesh, the government controls
most of the media; particularly the electronic media which are owned or controlled by supporters or members of the ruling party. The only
state- owned television channel-
Bangladesh Television is totally under the control
of the government and is used to broadcast news of the government and the
ruling party. Meanwhile the government closed down known as pro- opposition electronic media, such as Channel 1, Diganta TV, Islamic
TV and
the publication of the Print media, daily Amar Desh.
Facebook, Skype, Twitter, Viber, Imo, Snapchat, Whats App to be monitored
32. Encrypted Messaging Apps – Skype,
Viber, Whats App, Imo, Snapchat
– are getting under the government monitor.
Furthermore, social media – Facebook, Twitter and private
blogs are already
being monitored. For this, a special detection
machine called ‘Open
Source Intelligence Solution’ is going to be bought.30 At the first stage, one machine
will be purchased
for the Special Branch (SB) of Police
and another one for Dhaka Metropolitan Police (DMP). On August 31, 2016 the Police Headquarters gave a letter to the Senior
Secretary of the Ministry of Home Affairs, requesting that these two special
machines be included in the existing
organising structure of the police
department.31
No comments:
Post a Comment