May 1 – 31, 2016
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
for May 2016, despite facing persecution and continuous harassment and threats
to its existence since August 10, 2013.
Hindrance to freedom of expression and the media
1. The government is severely curtailing freedom of expression and
preventing dissenting voices. Interventions by the government; enacting laws;
attacks on journalists and filing cases against them; and detention of
journalists in prison continue to hinder freedom of speech and expression.
Meanwhile a repressive law, called ‘Distortion of the History of Bangladesh
Liberation War Crimes Act 2016’ has been drafted, incorporating provisions for
imprisonment and fine; and the Parliamentary Standing Committee on the Ministry
of Law, Justice and Parliamentary Affairs has finalised the ‘Foreign Donation
(Voluntary Activities) Regulation Bill 2016’ to control the non-governmental
organisations (NGOs), which will hinder freedom of expression and freedom of
association. The draft Press Council Act (amendment) 2016 has been finalised,
incorporating provisions for closing down newspapers. The social media are also
under constant monitor by the government. The repressive law
– the
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.
Distortion of the History of Bangladesh Liberation War Crimes Act
2016
2. The Government had drafted another repressive law, called
‘Distortion of the History of Bangladesh Liberation War Crimes Act 2016.’
According to the sdraft, misinterpretation or disrespect to any documents relating
to the liberation war disseminated or published during the Liberation War and
any publication during that period, will be considered a crime. In the draft
law, the period of the liberation war was set from March 1 to December 16,
1971. The second sub-clause of the proposed law says the denial of
‘incidents’ which occurred between March 1 and March 25, 1971, will be
considered as crimes. However, there was no explanation or discussion with
regard to what those incidents are or were. Moreover, the liberation war stared
from the midnight of March 25, 1971, but the draft law states it was from March
1. There was no what would be an ‘incident’ and what would be a ‘distortion’.
According to section 6(1) of the proposed Act, “if anybody was instigated or abetted
in or engaged in conspiracy with someone or took any initiative or attempt,
that person will be punished as per the law. Anyone will be able to file a case
under this Act.2 Violations of any section of this law will result in a sentence of
up to five years imprisonment and ten million taka fine. Furthermore, cases
filed under this Act will be investigated and prosecuted in short and specified
period of time.3
4. It has been envisioned that the ‘Distortion of the History of
Bangladesh Liberation War Crimes Act 2016’ will be contrary to the objective
and factual research on the liberation war and also hinder freedom of thought
and conscience. There is no documented evidence in support of every incident
that occurred during the nine months of the liberation war in 1971. Such
information sometimes has to be collected from the victims or from people who
directly participated in the war. Furthermore, several political ideologies
were represented directly in the liberation war. Accepting only one of them
would be bias as it would only be the government supported ideology; and the
recognition of one thought is tantamount to the denial of the contributions of
others, who actively participated in the war. This law might adversely affect
someone who comments or researches on this matter; and it may create an
opportunity of political misuse. Moreover, writing an article based on any new
information relating to the liberation war, expressing opinions or comments or
an interpretation of any matter, would be extremely dangerous, if the proposed
law is passed. The law contains a provision whereby anyone can lodge a
complaint against anybody, which indicates how long the list of cases will be
in the future. Freedoms of thought, conscience and opinion are guaranteed in
the Constitution, so this law will be contrary to the Constitution, if
enacted.
Foreign Donation (Voluntary Activities) Regulation Bill 2016
finalised to regulate NGOs
5. On May 18, 2016 the Parliamentary Standing Committee on the
Ministry of Law, Justice and Parliamentary Affairs finalised the ‘Foreign
Donation (Voluntary Activities) Regulation Bill 2016’ incorporating provisions
for regulating non-government organisations (NGOs). In this Bill, a provision
of taking punitive action has been put in place against any NGO or NGO activist
for insulting or making derogatory remarks against the Constitution or any
constitutional body. According to the proposed Bill, registration of an NGO can
be cancelled or suspended if the government has reason to believe that derogatory
remarks have been made against the Constitution, the Judiciary, the Law
Commission, the Election Commission and the attorney General.4 It is to
be mentioned that on June 2, 2014 the Cabinet approved the proposed ‘Foreign
Donation (Voluntary Activities) Regulation Act 2014’, which was again submitted
as a Bill after some scrutiny.
6. Odhikar believes that the space for freedom of opinion and
expression will shrink even more and NGOs will come under stringent control if
this Bill is passed as law. Human rights organisations and NGOs which work on
civil and political rights will be in trouble and their voices will be gagged
once the Bill is implemented. Odhikar fears that an environment for eliminating
human rights NGOs may be created through imposing this law.
Draft Press Council (amendment) Act 2016 finalised, incorporating
provision for closing down of newspapers
7. The Press Council finalised the draft Press Council (amendment)
Act, 2016 incorporating provisions for stopping the publication of any newspaper
or media for a maximum of three days or five hundred thousand taka fine, if the
media and news agencies contravene any decision or order of the Press Council.
Persons who are affiliated with the media alleged that the government is
formulating new laws to control the media. Earlier
the Ministry of Information released a repressive draft law called the
‘National Broadcasting Act 2016’, incorporating the provisions of imprisonment
and monetary fines. According to the draft National Broadcasting Law, violations
of any rules or provisions of this law will result in a sentence of up to three
months imprisonment and at least five hundred thousand taka fine or both.
Social media under RAB surveillance
8. In order to monitor social media, the government brought a
surveillance software social media network monitoring system (SMNMS) for the
Rapid Action Battalion (RAB) from a US-based company named ‘Snaptrends’,
spending 100 million taka. Using this software, RAB will be able to collect
information from all kinds of blogs including Facebook, Twitter, Instragram,
Google Plus, YouTube and Wordpress. The government can take legal action
against persons based on the posts on social media, which they will deem
harmful to society, state and the government.
9. Meanwhile, the repressive Information and Communication Technology
Act 2006 (Amended 2009 & 2013) remains in force. From January to May 2016,
seven persons were arrested under this Act for writing posts against high
officials of the government and their families on Facebook.
Attacks on journalists
10. According to information gathered by Odhikar, in May 2016, six
journalists were injured over their professional duties.
11. Odhikar expresses grave concern over the ongoing hindrances to
freedom of opinion and expression of citizens and interference in the media by
the state. Odhikar believes that if any opinion or statement of any citizen
goes against the government, he or she is at risk of being arrested, persecuted
or harassed by the state. Odhikar demands the release of detained senior
journalist Shafik Rehman; the Acting Editor of the daily Amar Desh, Mahmudur
Rahman; and BFUJ President Shawkat Mahmud from jail immediately. Odhikar
demands that the government repeal the repressive Information and Communication
Technology Act 2006 (amended 2009, 2013) immediately and also expresses concern
about proposed repressive laws ‘Distortion of the History of Bangladesh
Liberation War Crimes Act 2016’, ‘National Broadcasting Act 2016’, ‘Press
Council (amendment) Act 2016’ and ‘Foreign Donation (Voluntary Activities)
Regulation Bill 2016’. Furthermore, Odhikar fears that the government’s
decision to bring social media under surveillance will further shrink the space
for the freedom of opinion and expression.
Political
violence and irregularities during local government elections continue
Political violence
12. According to information gathered by Odhikar, in May 2016, 51
persons were killed and 1569 were injured in political violence. Among them, 45
persons were killed and 1485 were injured
in acts of violence during the Union Parishad
elections. 34 incidents of internal violence in the Awami League and five in
the BNP were also recorded during this period. Six persons were killed and
484 were injured in internal conflicts of the Awami League while three persons
were killed and 48 were injured in conflicts within the BNP.
13. Political violence continues and has taken serious proportions
across the country, centering on the Union Parishad elections,
held under political banners. Leaders and activists of
the ruling party have become desperate to hold onto power through farcical and
controversial elections, without being accountable to the people. This practice
has flourished through the criminal activities of the leaders and activists of
Chhatra League and Jubo League across the country. They
are attacking leaders and activists of the opposition political parties,
government officials and ordinary citizens and are even engaged in internal
conflicts and violence for the sake of their vested interest. During violent
political altercations, these groups were seen in internal clashes in public,
carrying and using lethal weapons. In most cases, the perpetrators could not be
brought to justice. Several incidents of political violence took place during
this time:
14. On May 6, 2016 the Shipping Minister Shahjahan Khan was going to
visit a port area and also attend a meeting in Porshuram Upazila under Feni
District. Porshuman Upazila Nirbahi Officer (UNO) HM
Rakib Haider and local Awami League leaders and activists were waiting at the
Dhunikunda area on the Feni-Porshuram Road to receive the Minister. Feni
District unit Awami League Vice-President Khairul Bashar Mazumdar Tapan and his
supporters were also preparing to welcome the Minister at the same place a few
moments away; for the inauguration of a Kindergarten school. UNO, HM Rakib
Haider passed by the school without acknowledging Khairul Bashar Mazumdar
Tapan. As a result Tapan and his supporters attacked Rakib Haider and
physically assaulted him. Rakib Haider was admitted to Porshuram Upazila Health
Complex. Due to the attack on the UNO, his driver Abul Kashem filed a case
with Porshuram Police Station, naming seven accused persons and 10-12 more
unknown persons. The police arrested Ward Councilor of Porshuram Municipality
and Upazila unit Shramik League Convener, Abdul Mannan; local Jubo League
leader Mohiuddin Parvez, Farooq Ahmed, Mohammad Mohiuddin and Abu Toiyab Masud
under this
case. On
May 11, the prime accused Khairul Bashar Mazumdar Tapan, and General Secretary
of Chithalia Union unit Awami League and UP Chairman, Jasim Uddin, surrendered
before the Speedy Tribunal of Judicial Magistrate Rajesh Chowdhury and appealed
for bail. However, the Magistrate denied bail and ordered them to be sent to
jail.
115 killed in five phases of Union Parishad electoral violence
15. Election related violence gained magnitude soon after the
declaration of the Union Parishad election schedule. The violence commenced at
the time of submitting nomination papers and continued till polling day.
According to information gathered by Odhikar, a total of 115 persons were
killed and at least 4953 persons were injured in the five phases of the UP
elections.
16. All elections held to date, starting from the 10th Parliamentary
elections on January 5, 2014, the Upazila elections in 2014; the City
Corporation elections in 2015; the Municipality elections in 2015; to the Union
Parishad elections in 2016, were probably the most controversial and violent
elections in Bangladesh history. On February 11, 2016, the Election Commission
declared the electoral schedule of the Union Parishad (UP)
elections to be held in 4275 UPs in six phases. This was the first time that UP
elections were conducted under political banners. The first, second, third,
fourth and fifth phases of the elections were held with incidents of widespread
irregularities; including violence; killing; vote-rigging; capturing of
polling stations; casting of fake votes; snatching away ballot papers and
stuffing ballot boxes; and attacks on electoral officials. Incidents of attacks
on citizens belonging to the minority communities increased three-fold during
the UP elections. The Hindu- Boidhya-Christian Oikya Parishad alleged
that the ruling Awami League and its rebel candidates were responsible for such
violence. The fourth phase of elections was held in 703 UPs on May 7, 2016;
Municipality elections were held in nine municipalities on May 25, and the
fifth phase oftheelections was held in 733 UPs on May 28, 2016. The
fourth and fifth phases of the UP elections, like the previous phases of
elections, were also marked by the capturing of polling
stations; snatching away ballot papers and
casting
fake votes, by supporters of the ruling Awami League (AL) nominated candidates.
Some incidents are as follows:
The fourth phase of UP elections
17. Violent altercations occurred between supporters of the Awami
League nominated candidate Sardar Jan Mohammad and supporters of AL-rebel
candidate Shahiduzzaman Shahid, at Hatgangopara Bazar in Aouchpara Union under
Baghmara Upazila, in Rajshahi District. One man named Siddiqur Rahman was shot
dead by police during a clash. At around 2:30 pm, clashes
took place between supporters of the AL-nominated candidate Rafiqul Islam and
supporters of the AL-rebel candidate Zakir Hossain over casting of fake votes,
at Maddhanagar Government Primary School polling centre in Paratali Union under
Raipura Upazila in Norshingdi District. A man named Hossain Ali was killed and
30 persons were injured during the clash. At least
10 persons, including a sub-inspector of police, Rabiul, were injured during an
altercation between supporters of the AL-nominated candidate (with symbol
‘Boat’) and police, in Kazi Kosba Kazipara Government Primary School and
Milkipara Government Primary School polling centres of Rampal Union under
Munshiganj District. Police claimed that Awami League supporters engaged in altercations
with police in the two polling centres for establishing supremacy therein. In
Panam Government Primary School polling centre under the same Union, supporters
of the AL-nominated candidate stabbed and severely wounded Asaduzzaman, a
member candidate using the symbol ‘Kite’. At around
2:00 pm, a violent altercation took place between supporters of member
candidate Giasuddin (with symbol ‘Lock’) and supporters of another member
candidate Alam (with symbol ‘Tube well’) in Kaaldanga Dakhil Madrassa polling
centre of Paria Union, under Baliadanghi Upazila in Thakurgaon District.
Members of law enforcement agencies used rubber bullets and later opened fire
with live bullets to take control of the situation. During this altercation, an
HSC examinee Mahbub Hossain of Maaskhuria Village was shot dead and four were
injured. Altercations and incidents of shooting occurred between supporters
of the AL-nominated candidate Aminul Islam Amin and supporters of the AL-rebel
candidate Omar Ali over capturing polling booths in Mominpur Government Primary
School polling station of Manikhat Union under Sujanagar Upazila in Pabna
District. Both groups used sticks and local weapons during the clash. At that
time, a man named Hedayet Hossain was shot and at least 10 persons were
injured. Criminals attacked Ali Nagar Government Primary School polling
centre of Dhalia Union, under Feni Sadar Upazila. When police tried to stop
them, they opened fire and the Sub- Inspector of police, Mohammad Yeasin, was
shot and wounded. Moreover, six persons, including Kazi Rassel, Rafiqul Islam,
Bablu, Musa Mia, Arafat and Kabir Master were shot during a clash that occurred
between the two rival member candidates in Uttar Sotor Government Primary
School polling centre of Mohamaya Union, under Chhagolnaiya Upazila in Feni.
Before the voting commenced, UP member candidate Shahjahan and his wife
Hosneara Begum; Shahadat Hossain; Joynal Abedin; and Amanullah were shot at
during a clash between supporters of two UP member candidates over establishing
‘supremacy’ in Jagannath Sonapur polling centre of Shuvapur Union. Meanwhile,
an independent UP chairman candidate, Azizul Huq was beaten by supporters
of the ruling (AL) party in Nijkunjara Government Primary School
polling centre of Ghopal Union in Chhagolnaiya. Only
polling agents from the ruling party (AL) were present in Panami Government
Primary School, Harishankarpur and Sitarampur polling centres, of
Harishankarpur Union in Jhenaidah District. Allegations of intimidation on
voters were found in Shitoli Mandartola, Bhaturia, Kapash Hatia and Ghorda
polling centres in Harinakundu Upazila. Voters were barred from going to the
polling stations. Allegations of fake votes were found in Bhabitpur polling
centre of Raghunathpur Union. A female voter expressed her anger after failing
to cast her vote in this polling centre. Casting of fake votes was also seen in
polling stations at Nittanandapur, Podahati and Aduyakandi. At around
10:30 am, about 20-30 youth opened fire to disperse voters and captured
Nandirhaat Government Primary School polling centre in Chikandandi Union under
Haathazari Upazila in Chittagong District. Later they stuffed ballot papers
into boxes with the help of police. Mobile Magistrate of Chittagong District
Administration arrested the General Secretary of the city unit of Chhatra
League Nurul Amin Roni; and Haathazari Upazila unit Chhatra League leader
Arefur Rahman with pistols, from Charia polling centre of Mirzpur Union under
the same Upazila. At around 11:00 am, there were no voters in Fatehpur
Government Primary School polling centre of Fatehpur Union under the same
Upazila. Chhatra League and Jubo League activists had captured the polling
centre and had cast fake votes. Meanwhile, voting was suspended from 10:00 am
to 11:00 am due to an altercation in Fatehpur Latitpara Government Primary
School polling centre. The Presiding Officer of this polling centre, Shubhash
Chandra, informed that voting was stopped for an hour after criminals attacked
the centre and took away ballot papers and seals.
Elections held in nine municipalities with widespread
irregularities
18. On May 25, 2016 elections in nine municipalities namely Ghorashal
and Raipur Municipalities under Narshingdi District; Laxmipur Sadar
Municipality under Laxmipur District; Kosba Municipality under Brahmanbaria
District; Noakhali Sadar and Senbagh Municipalities under Noakhali District;
Chhagolnaiya Municipality under Feni District; Teknaf Municipality under Cox’s
Bazaar District; and Ramgarh Municipality under Khagrachhari District, were
held amidst irregularities, including capturing of polling centres, casting
fake votes and snatching away ballot papers. Polling agents of the BNP-nominated
candidate, Rezaul Karim Liton, were not seen in most of the polling centres in
Laxmipur Municipality. Supporters of the Awami League nominated candidate Abu
Taher had allegedly ousted them and cast fake votes. In Chhagolnaiya
Municipality, outsiders captured most of the polling stations at the beginning
of voting and stuffed ballot papers into boxes after stamping the symbol
’boat’. They exploded crude bombs around the polling centres from early in the
morning, to create panic among voters. The government supporters did not allow
any agents of the BNP-nominated candidate Mohammad Alamgir to enter 10 polling
stations. Allegations of stuffing ballots into boxes after openly stamping the
symbol ’boat’, were found in Kosba Government Primary School polling station of
Kosba Municipality. Furthermore, some voters in Kosba Boys High School polling
centre alleged that the polling officers gave out ballots belonging only to the
councilor candidates. Ballot papers belonging to the mayoral candidates were stamped
by supporters of the AL-nominated candidate prior to voting. Supporters
of the AL-nominated candidate were stuffing ballots into boxes after openly
stamping the symbol ’boat’ in the presence of police in Kosba Girls High School
polling centre. Police stopped journalists from entering this polling centre.
The fifth phase of UP elections
19. On May 28, 2016 the fifth phase of elections was held in 733 Union
Parishads with incidents of widespread violence, capturing of polling
stations, vote- rigging and boycotting the polls. During the election, 10
persons including two candidates were killed and at
least 600 persons were injured. Furthermore, 45 candidates boycotted the
election. Among them, 38 candidates were from the BNP, two from the AL, four
were independent and one was from the JSD. There
were allegations of widespread violence, vote-rigging and irregularities in
Begumganj and Senbag upazila of Noakhali. Based on such allegations, the
Election Commission suspended voting in 56 centers of 15 Union Parishads (out
of 16 Union Parishads) of Begumganj Upazila and 26 centers of nine Union
Parishads of Senbag Upazila. During the violence at Darul Ulum Fazil Madrassa
Polling Centre of Rajganj Union under Begumganj Upazila, police chased Sayed
Ahammad (55), who was hurt in his head and abdomen as a result. On the way to
hospital, he died. A man named Shakil Ahmeed (17), was shot dead by the police
during the violence at K B High School Polling Centre of Jirtali Union under
Begumganj Upazila. Mohammad Kamal Uddin, present chairman and rebel candidate of the
BNP of Balorampur Union, under Titas Upazila in Comilla District, was stabbed
to death by his opponent. This incident occurred on the day of voting at around
3:00 pm, outside Nagerchar Government Primary School polling centre. A violent
altercation took place between supporters of the Awami League nominated
candidate, Shakiruzzaman Rakhal; AL-rebel candidate Shahjahan Mia and the
police, over capturing of Khutarchar Ebtedayi Madrassa polling centre of
Bahadurpur Union under Dewanganj Upazila, in Jamalpur District. At that time
police opened fire and Abdul Mazed (14), Ziaur Rahman Zia (30), Nur Islam (60)
and Altaf (32) were killed. The BNP
boycotted the polls of all 10 Union Parishads under Sonargaon Upazila in Narayanganj,
over allegations of widespread irregularities and vote-rigging. A defeated
member candidate tore up more than a hundred ballot papers at Mograpara High
School polling centre of Mograpara Union. As a result, an altercation took
place. A ballot box was snatched away from Kabilganj polling centre of
Mograpara Union, by a group led by Sujan, General Secretary of the district
unit Chhatra League. At that time police fired five rounds of bullets. During
the chase between the two parties at Lakkhirbardi area of Noagaon Union, a man
named Edris Ali (75) was killed. On the day of voting, at around 11:30 am, some
miscreants snatched a hundred-page ballot book of a male member candidate at
Dudghata Government Primary School polling centre. At around
12:00 noon, Babul Shil (57) was killed in a
clash that occurred between supporters of
two member candidates in Asad Ali Mazar polling centre of Ashiya Union,
under Patiya Upazila in Chittagong. An altercation took place between
supporters of AL-nominated candidate Didarul Alam and AL-rebel candidate Abdul
Mannan, at Shahmirpur Government Primary School polling centre of Bara Uthan
Union, at around 1:00 pm. Mohammad Yasin (41), Member candidate of ward-6 of
Bara Uthan Union and rickshaw puller, Nurul Islam (50) were injured by sharp
weapons. Mohammad Yasin died on the spot and Nurul Islam died on the way to
hospital.
20.
The electoral system has collapsed totally under the present
government. People are deprived of their right to franchise. The Caretaker Government
system was incorporated in the Constitution through the 13th Amendment,
as a result of people’s movement led by the then Opposition Awami League and
its alliance between 1994 and 1996. However, in 2011 the Caretaker Government
system were removed unilaterally by the Awami League government through the 15th Amendment
to the Constitution, without any referendum and ignoring the protests from
various sectors; and a provision was made that elections were now to be held
under the incumbent government. As a result, the farcical 10th parliamentary
elections were held on January 5, 2014, despite the boycotting of this election
by a large majority of political parties. Acts of criminalisation in the
electoral system were initiated through this election. Since then, all local
government polls were marred by widespread and widely reported irregularities,
violence and vote rigging. As a result, incidents of widespread human rights
violations commenced across the country. Odhikar believes that the rise of
extremism has flourished in the country in the absence of an accountable
government. Ensuring transparent, creditable, free, fair and unbiased elections
is the constitutional responsibility of the Election Commission (EC). However,
the EC has totally failed to deliver. It is unfortunate that the EC also made
public claims of fair and peaceful elections in order to disguise its failure.
Allegations
of enforced disappearance
21.
Enforced disappearance is a grave violation of fundamental human
rights. It is a repressive tool used by governments. The crime of enforced
disappearance violates several of an individual’s human rights such as freedom
of expression, thought and conscience; freedom of association; and the right to
justice and fair trial. The victims of enforced disappearances are often
tortured and live in fear and uncertainty. In recent times, many people have
disappeared after being picked up by men claiming to be members of law
enforcement agencies. The families of the
disappeared claim that
members
of law enforcement agencies arrest and take away the victims and then they are
no longer found. In some cases, law enforcement agencies deny the arrest; but
days later, the arrested persons are produced before the public by the police
or law enforcement; or handed over to a police station and appear in court, or
the bodies of the disappeared persons are recovered.
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22.
Every year, during the last week of May, the associations of
families of the disappeared across the world commemorate the International Week
of the Disappeared (IWD). The International Week of the Disappeared was first
initiated by the Latin American Federation of Associations of Relatives of
Disappeared-Detainees (FEDEFAM) in 1981. The commemoration was also meant to
step up the campaign against enforced disappearances which were then at their
peak during the dark years of the dictatorship in many Latin American
countries. The International Week of the Disappeared was also observed in
Bangladesh from May 23 to 27. On May 24, 2016 a press conference was held in
Panchagarh by Ruhul Amin, father of Imam Hassan Badal, who was disappeared in
2012 by the Rapid Action Battalion (RAB). Ruhul Amin appealed to the government
for the return of his son. In December 2013, eight youths were disappeared
together and later on, 11 more men were disappeared from Dhaka. On May 26 the
families of these 19 victims of enforced disappearance organised a human chain
in front of the National Press Club in Dhaka to demand their return. On May 26,
2016 Badsha Mia, son of Boli Munsur, who was disappeared on March 27, 2013 from
Chittagong, organised a press conference at the Chittagong Metropolitan
Journalists Union to demand the return of his father. On May 12, 2016 an
electrician named Monirul Islam Babu (28) was picked up by men claiming to be
members of the Detective Branch of Police from Khalishpur in Khulna. The same
day, Abdullah Al Sayem Turjo (25), a teacher of the Bangla Department of
Bismillah Nagar Madrassa under Harintana Police Station, was picked up by a few
plain clothed men and put into a white microbus bearing a sticker ‘Emergency
Electricity’. Another teacher of the Arabic Department of the same
madrassa, Shoaib Biswas (26) was disappeared after he left home for the
madrassa. On May 26, 2016 the family members of these three disappeared victims
conducted a joint press conference in Khulna Press Club, asking for the return
of the men.
23.
According to information gathered by Odhikar, in May 2016, 12
persons have been disappeared. Of them, one was shown as arrested and the
whereabouts of 11 persons are still unknown.
24.
On May 3, 2016 a few men in plain clothes, claiming to be members
of the Detective Branch (DB) of Police, allegedly picked up Moulana Mohammad
Akhter Hossain, Imam of Pirgachha Railway Station Jame Mosque and Pirgachha J
N High School, from Birbiriapara under Pirgacha Upazila in Rangpur. His
brother Mushfiqur Rahman informed Odhikar that their ancestral home was located
at Sijon Puku area in Pirgachha but Akhter Hossain used to live in his in-law’s
house at Birbiriapara to be closer to his work. At around 10:00 pm, a few men
came to his house at Sijonpukur area and called Mushfiqur Rahman out to talk
about the UP elections. Later the men put him into a microbus which was parked
outside and took his cell phone. After that, they asked him where Akhter
Hossain was. When he gave Akhter Hossain’s in-laws home address, they took him
there with them. Mushfiqur saw a few more people in the microbus with wireless
radio sets. The men stopped the microbus in front of Akhter’s in-laws’ house
and asked Mushfiq to call him. The man who entered their home with Mushfiq,
identified himself as a member of DB police and said that they need to talk to
Akhter in relation to a matter and Akhter will be back in half an hour. At that
time the men also took Akhter’s cell phone. After that Akhter and Mushfiq were
taken away. Mushfiq was dropped in front of Pirgachha Union Parishad and the
microbus left with Akhter. On May 4, 2016 the families of Akhter Hossain search
for him at Pirgachha Police Station, Rangpur DB office and RAB office, but none
of the law enforcers acknowledged the arrest of Akhter Hossain. Till date his
whereabouts are still unknown. On May 6 Mushfiq went to Pirgachha Police
Station to file a General Diary (GD) in this regard but the duty officer
refused to accept the GD.
25.
On May 12, 2016 an electrician named Monirul Islam Babu (28) was
picked up by men claiming to be DB police, from Khalishpur in Khulna. The same
day, Abdullah Al Sayem Turjo (25), a teacher of the Bangla Department of
Bismillah Nagar Madrassa under Harintana Police Station, was picked up by a few
plain clothed men and put into a white microbus bearing a sticker ‘Emergency
Electricity’. Another teacher of the Arabic Department of the same madrassa,
Shoaib Biswas (26) was disappeared when he was on his way to the madrassa. The
whereabouts of the men remain unknown. The families of the disappeared victims
filed separate case and General Diaries with Khalishpur and Harinhata Police
Stations. Monirul Islam’s father Masudur Rahman said that on May 12 at around
10:00 pm, a man came to their home with Boira CSD Warehouse security guard
Monir and called his son Monirul out and spoke with him. A few minutes later,
about six men, including the one who came with Monir, entered their home and
forcibly took Monirul away, after identifying themselves as DB police. Among
them, two men had wireless radios and two others had pistols in their waist.
They put Monirul into a white microbus, which was parked in front of the CSD
Warehouse gate. A labour leader Badal Islam saw the occurrence and approached
them but the men in plain clothes said they were DB police and asked him to go
to the Khalishpur Police Station and left in the microbus. On May 13, he filed
a GD with Khalishpur Police Station. An eye-witness and teacher of Bismillah
Nagar Madrassa, Mufti Hafizur Rahman informed Odhikar that on May 12 at around
6:30 pm, he and his colleague Abdullah Al Sayem Turjo left the
madrassa on by-cycles. When they reached near Mostor intersection, a man,
wearing panjabi-paijama, stopped their way. A white microbus bearing a sticker
‘Emergency Electricity’ was parked nearby. The man asked for their names and
identities. The man asked Turjo to stay and Hafizur to leave. Later Hafizur saw
Turjo getting into the microbus with some men. At that time he tried to call
the Principal of the madrassa, Ilias Hossain to inform him of the matter. The
microbus approached him and a man came out and took his cell phone away. The
man said, “Who were you calling? Do you want to come with us?” They told him to
take Turjo’s by-cycle with him. On May 13, 2016 Turjo’s father Shahidul Islam,
who is a retired banker, filed a kidnapping case with Harintana Police Station
accusing some unknown persons. On May 12, 2016 at around 10:30 am, Shoaib
Biswas, teacher of the Arabic Department of Harintana Bismillah Nagar Madrassa,
was disappeared on the way to the madrassa. His father Moulana Abdus Sattar
told Odhikar that his son left home but never got to the Madrassa and his
whereabouts are unknown since then. Shoaib’s cell phone was switched on till
May 13, but nobody received any call. He believes that Shoaib Biswas had been
picked up by the members of law enforcement agency. On May 13, he filed a GD
with Khalishpur Police Station.
26.
On April 22, 2016 three youth, Suraj Ali (22), Dulal Hossain (24)
and Liton Islam (20) from Hazaribagh in Dhaka; and on May 11, three brothers
namely Tikka Sardar (30), Ershad Sardar (25) and Saddam Sardar (20); and two
men namely Dulal Hossain (35) and Rony Promanik (35) were allegedly picked up
by men claiming to be law enforcement agencies from Khagrabaria Village under
Faridpur Upazila in Pabna. On the same day, a garment worker named Abu Sayeed
(35) was picked up by law enforcers and disappeared from Gazipur and on
May 22, another man named Ramjan (38) was picked up from Rangunia in Chittagong
by men claiming to be from a law enforcement agency. Such allegations were made
by the families of the disappeared victims. Except for Abu Sayeed, all nine
disappeared persons are residents of Faridpur Upazila in Pabna District.
On May 25, 2016 the families of the disappeared victims organised a press
conference in Pabna Press Club and alleged that their relatives were picked up
by men claiming to be the members of law enforcement agencies. They also demand
their return. Meanwhile on May 28, 2016 a press conference was organised on
behalf of the Rapid Action Battalion (RAB) and it claimed that Ramjan (38),
Suraj Ali (22), Dulal Hossain (24) and Liton Islam (20) were arrested on May 27
from Paltan area in Dhaka. Three of the men, except Liton Islam, are accused
of the murder of Jubo Dal leader Saiful Islam in Savar village under Faridpur
Upazila in Pabna.47
28. Odhikar expresses grave concern over the persistent incidents of
enforced disappearance. Enforced disappearance is a crime against humanity,
which also is considered an international crime. This has to be stopped and
punishment of the perpetrators must be ensured.
Extrajudicial
killings
29. The law and justice delivery system of the country is becoming
increasingly unstable and human rights are blatantly violated, due to the
persistence of extrajudicial killings. This questions the level of rule of law
in this country. According to information gathered by Odhikar, in May 2016,
five persons were reportedly killed extra judicially.
Type of
death
‘Crossfire/encounters/gunfights’
30. Three persons were killed by ‘crossfire/encounters/gunfights’. Two
of them were killed by police and one by RAB.
Torture to death
31. Two persons were torture to death by police during this period.
The identity of the deceased:
32. Of the five persons who were killed extra-judicially, one is an
accused of a specific case, three were alleged criminals and the identity of
one person could not be determined.
Death in jail
33. In May 2016, a reported nine persons died in prison due to
‘illness’.
34. It is alleged that due to lack of proper treatment facilities and
negligence by the prison authorities, many prisoners become ill. Furthermore,
allegations are made by inmates that they are given sub-standard and small
amounts of food; and that the prisoners are ill-treated when they complain
against such treatment. 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.
Student leader died in Rajshahi Central Jail
36. Islami Chhatra Shibir leader
Hafizur Rahman, who was arrested in connection with a case involving the murder
of Rajshahi University teacher Professor Dr. Rezaul Karim Siddiqui died in
Rajshahi Medical College Hospital while under treatment. On May 17, 2016
Hafizur was admitted to Rajshahi Medical College Hospital after he fell ill in
jail. On May 19 at around 4:30 am, he died. Hafizur Rahman, a student of Public
Administration in Rajshahi University and the General Secretary of ward-19 unit
of Chhatra Shibir, was detained from Chhotobongram area of Rajshahi
Metropolitan City as a suspect in the death of Professor Dr. Rezaul Karim. On
April 28, 2016, Hafizur was shown as arrested in the case and was produced
before the Rajshahi Metropolitan Magistrate Court where police asked for a
7-day remand. After hearing the matter, the Magistrate, Moksheda Azgar granted
a 4-day remand. He was sent to Rajshahi Central Jail after interrogation in the
DB office for four days.
37. Hafizur Rahman’s father, Hossain Molla said that his son was
arrested under a false allegation and he died in jail due torture by police and
lack of medical treatment. His elder brother Habibur Rahman alleged that
Hafizur had been accused in the case deliberately and tortured after being
taken into remand. After remand he was taken to jail in serious condition.51
38. Odhikar demands the better treatment for all inmates in every jail
and jail hospital. Deprivation of fundamental rights in jail is a violation of
human rights. Odhikar also demands the government take measures to stop torture
in remand.
Attacks
and harassment on inhabitants of Gondamara in Banshkhali continue
39. A private company called S. Alam Group signed an agreement with
the government to set up a coal based power plant in Gondamara area under
Banshkahli Upazila in Chittagong District. This set off disputes between local inhabitants
and S. Alam Group from the beginning, over acquiring land for this project. On
April 4, locals organised a meeting in Gondamara area under the banner of
‘Committee to Protect House and Land’. In the meanwhile, the Union unit Awami
League leader Shamsul Alam, who is also a follower of Awami League MP
Mostafizur Rahman, called another meeting at the same place in favour of the
coal based power plant. The local administration imposed Section 144 of the
Code of Criminal Procedure due to both meetings being simultaneously cancelled
in the same place. However, police and criminals shot at local people when they
tried to assemble there, violating section 144. As a result more than one
hundred people were injured. Among them, Mortuza Ali (52) of Gondamara Village;
and his brother Ankur Ali, Zaker Ahmed (35) and Zahir Uddin were shot dead. Three
separate cases were filed with Banshkhali Police Station in this regard. Of
these cases, one was filed by police and the other two were filed by
victim-families. In the cases filed by police, 57 people, including former
Chairman of Gondamara Union Parishad, Liakat Ali’s name were mentioned.
Furthermore, three thousand two hundred unknown people were accused in the FIR.
40. On April 16, 2016 at a meeting in Chittagong Circuit House, the
Deputy Commissioner (DC) Mezbah Uddin said that now they believe that the land
owners of Gondamara area did not get adequate price for their land. He added
that some thugs and brokers took the money; and as a result, locals got
annoyed. The DC also said that Police would not make arrests anymore and that
those who were arrested will get bail if they appeal for it. Moreover, he added
that the case filed in relation to clashes will be withdrawn. Soon after the
commitment of the DC, incidents of attack, arrests and harassment by police
increased.
41. On May 6, 2016 police of Dhanmondi Police Station under Dhaka
Metropolitan Police (DMP) arrested Mohammad Ali Nobi (45) and Mohammad Shafiul
Alam Shahi (29), residents of Sonaia Borbari village of Gondamara Union, under
a case filed in Banshkhali Police Station (case numbered 7) over attacks on
police. They were brought to Chittagong the same day and police of Banshkhali
Police Station went for an arms recovery operation with them. In a press
release of Banshkhali Police Station it is stated that on May 7 in the morning,
two arms and four rounds of live bullets were recovered from under the
Gondamara Bridge. A case was filed with Banshkhali Police Station in this
regard under section 19 of the Arms Act 1878.
42. On May 16, 2016 police arrested Dudu Mia, father of Liakat Ali,
Convener of the Committee to Protect House and Land and one of the leaders of
the Gondamara coal based power plant protest movement. Dudu Mia was arrested in
an allegation of attacks on police during protests. Police also claimed
that arms were recovered from Liakat Ali’s home. When people protested this
incident, police allegedly opened fire on local people of Gondamara and baton
charged them. At least 50 people were injured.56
43. Odhikar observes with concern that no one was arrested so far in
connection with the killings in Banshkhali. However, police are arresting
the family members of the deceased and wounded persons, who were in
protest of these killings; and innocent villagers. Furthermore, others have
been implicated into false cases in the name of ‘arms recovery’ and death
threats were given to some. At the same time mass complaints and cases filed
against large numbers of unknown persons have resulted in grave human rights
violations.
Other
unlawful acts by members of law enforcement agencies
44. On May 11, 2016 five police officers, including Sub Inspector (SI)
of Mirpur Police Station, Rasheduzzaman Beg and ASI Ziaur Rahman went to the
residence of Jubo Dal leader of Dhaka Metropolitan unit, Ismail at Darus- Salam area in
Mirpur and asked for him. The family of Ismail informed police that they did
not know where he was. As a result, police took his wife Hamida with them to
Mirpur Police Station and interrogated her about her husband. As Hamida could not
tell the police the whereabouts of Ismail, police threatened to send her to
prison, showing her as arrested in a drugs case. Later police demanded five
hundred thousand taka bribe from her. Ismail’s family gave police sixty
thousand taka for releasing Hamida. On May 12, police showed her as arrested in
a drugs related case after failing to get the money demanded; and appealed for
a five-day remand after producing her in the Court. The Court granted one-day
remand. Though police took Hamida from her residence, it is mentioned in the
FIR that police arrested Hamida with drugs from in front of Mizan Tower at
Kalyanpur, Dhaka while police was on duty at Technical Intersection in Mirpur.
Moreover, a car registered under Dhaka-Metro-Ga-17-0959 number was shown as
seized and the driver of that car, Sumon, was also shown as accused in the same
case. At present Hamida is detained in Dhaka Central Jail.
45.
The present government is adhering to the practice of using the
law enforcement agencies against its political opponents and arresting and
harassing the leaders and activists of the opposition political parties. They
are even arresting family members. Odhikar condemns such incidents and
expresses its grievances at the state of law and order. Odhikar believes that such
unlawful activities are increasing due to impunity of law enforcement agencies,
disregard to the proper and due process of appointment and promotion and using
law enforcemt politically in favour of the ruling party for the sake of their
vested interest.
Public
lynching continues
46. In May 2016, three people, who allegedly were robbers, were
reportedly killed due to public lynching.
47. 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, as 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.
Human
rights violations by BSF in border areas
48. According to information collected by Odhikar, in May 2016, four
Bangladeshi citizens were gunned down by the Indian Border Security Force
(BSF).
49. We have noticed that BSF has been, over the years, repeatedly
killing or physically harming anyone seen near the border or anyone trying to
cross the border; and also attacked Bangladeshi citizens by illegally entering
Bangladesh, which are clear violations of international law and human rights. A
Director General level meeting between the Border Guard Bangladesh (BGB) and
the Indian Border Security Force (BSF) commenced in Dhaka on May 11, 2016 and
continued till May 16. During the meeting, on May 14, BSF members shot dead a
school student in Chuadanga. An independent and sovereign state cannot
passively watch its citizens being indiscriminately killed, tortured and
abducted by another state. However, such incidents continue.
50. On May 14, 2016 Shihab Uddin (15), a student of class IX, along
with Sabuj Hossain (16), Biplob Hossain (15) and Alam Hossain (15) of Goalpara
Village went to a mango orchard adjacent to the Indian border fence near the
main pillar 66 at Shimanto Union under Jibonnagar Upazila in Chuadanga District.
At around 10:00 am, BSF members of Banpur Helencha Camp detained the three boys
and tortured them, claiming the mango orchard was India’s property. At that
time Shihab tried to escape torture by BSF and started to run but BSF members
shot him, leaving him seriously wounded. After being freed by the
BSF, Sabuj, Biplob and Alam took
Shihab to Jibon Nagar Health Complex where the
duty doctor declared him dead.59 Seven BSF members,
including the Banupur BSF Camp Commander A. C. Unbhab Abraiya were suspended
due to this incident.
52. On May 23, 2016 at around 3:30 pm, a Bangladeshi farmer, Mohammad
Sujon was cutting grass for his cows near the international main pillar 438 at
Sarialjot border, under Tetulia Upazila in Panchagarh District. At that time
BSF members of Lichugach Border Outpost of India shot him. Locals rescued Sujon
and took him to Tetulia Upazila Health Complex where the duty doctor declared
him dead.
53. Odhikar observes with grave concern that the government has not
taken any effective steps to stop human rights violations at the border by BSF,
despite the issue being repeatedly raised by human rights groups. Furthermore,
no initiative was taken by the Bangladesh Government to investigate and make
the Indian Government accountable and compensate the victims or the families of
the victims.
Human
rights violations on religious minority communities
54. At a press conference on April 22, 2016, the
Hindu-Buddha-Christian Oikya Parishad alleged
that the human rights situation of citizens belonging to minority communities is
deplorable. On behalf of the organisation, it stated that incidents of violence
against minority communities had tripled in the first three months of 2016,
compared to the whole of 2015. Such incidents occur due to the unavailability
of justice for similar incidents that took place in the past; and also due to
the politicisation of these incidents.
55. On May 14, 2016 the body of a Buddhist monk named Dhamma Wasa (70)
was recovered from a monastery in Chakpara Village of Baishbari Union, under
Naikkhongchhori Upazila in Bandarban District. Criminals had stabbed him to
death with sharp weapons. Police suspected that he was killed in the night of
May 13, 2016. Police arrested Hlamong Chak of the Chak community and two
Rohingya refugees named Ziauddin and Abdur Rafim, in this regard.
56. Odhikar condemns the killing of the Buddhist monk which is another
incident in a growing list of deaths and threats against religious leaders
belonging to minority communities. Odhikar also expresses grave concern over
incidents of land grabbing, intimidation, extortion and various kinds of illegal
activities, including attacks
on members of religious
minority communities; and on their places of worship.
Violence
against women
57. Violence against women continues and most of the victims are not
getting justice due to a culture of impunity.
Rape
58. In May 2016, Odhikar recorded a total number of 66 females who
were raped. Among them, 14 were women, 51 were children below the age of 16 and
the age of one victim was not determined. Of the women, two were killed after
being raped and five were victims of gang rape. Out of the 51 child victims,
six were victims of gang rape and two were killed after being raped. 14 women
and children were victims of attempted rape.
59. On March 20, 2016 at around 11:00 pm, the body of a second year
(Honours) student of the History Department in Comilla Victoria Government
University College and theater activist, Shohagi Jahan Tonu (19) was found in a
bush in the Comilla Cantonment area. The first post mortem was conducted in the
morgue of Comilla Medical College Hospital the next day. On April 4, 2016 a
post-mortem report was submitted. It was stated in the report that the actual
reason for the death of Tonu could not be identified. Wounds at the back of the
head were not mentioned in the post-mortem report and scratch marks on the
throat was mentioned as insect bites. The Court ordered a second autopsy by
forming a medical board after widespread protests. A three member medical board
led by Dr. Kamda Prashad Saha, Associate Professor of Forensic Medicine
Department of Comilla Medical College, conducted the second autopsy. Tonu’s
body was exhumed and samples were collected from the body for DNA test. The
investigating officer of the case, Special Superintendent of Police of CID,
Mohammad Shah Abid ensured that evidence of rape was found after the DNA test.66 It has
now become doubtful as to whether the post-mortems of other incidents of rape
and killing were properly and fairly done without any external influence, as
discrepancies were found between the post-mortem and DNA tests in the Tonu
murder case. In such cases, there have been allegations against doctors, of
altering the autopsy reports due to bribe or pressure from the higher
authority.
60. On May 12, 2016 a part-time teacher of Ambrakakon High School of
Bhoberpara Village under Mujibnagar Upazila in Meherpur District came to
Kushtia for taking the School Teachers Registration Examination on May 13, 2016
with Shariful Islam, the Head Teacher of the same school, in Kushtia town. They
were staying at Al-Amin Hotel in separate rooms. In the morning when she was
preparing to go to the exam hall, the Head teacher Shariful forcibly entered
her room and raped her. Later she was admitted to Kushtia General Hospital.
Police ‘could not’ arrest the rapist head teacher Shariful Islam.
Dowry-related violence
61. In May 2016, according to Odhikar documentation, 12 women were
subjected to dowry violence. Of these women, it has been alleged that seven
were killed and four were physically abused over dowry demands. During this
time, one woman committed suicide due to dowry violence.
62. A housewife named Naznin Akhter Nazu was allegedly killed over
dowry demands in Baghmuchha area under Sonargaon Municipality in Narayanganj
District. Six years ago Naznin Akhter Nazu of Rajapur Upazila under Jhalokathi
District married Anisur Rahman of Baghmuchha village under Sonargaon
Municipality in Narayanganj. They have a four-year old daughter named Anusha.
Domestic violence began soon after the marriage over dowry demands by her
husband. Naznin had filed a complaint with the police station against her
husband Anisur Rahman and brother-in-law Arifur Rahman. On May 1, 2016 Naznin’s
body was found hanging from the ceiling fan. Police recovered the body when
neighbours informed them. The deceased’s father Ziaul Huq Nannu said that his
daughter was killed deliberately for dowry and the body was hung with ceiling
fan. Police arrested the deceased’s sister-in-law Baby in this regard. The
members of Naznin’s in-laws family have been in hiding after the incident.
Acid violence
63. According to information gathered by Odhikar, in May 2016, it was
reported that one woman, one girl and two men became victims of acid violence.
64. On May 4, 2016 a Madrassa student of class X named Dipa Rubaiya
Ritu (16) was studying at home in Gopinathpur Village under Mithapukur Upazila
in Rangpur District. At that time criminals threw acid on her through the
window, which burnt different parts of the body, including her face. She was
admitted to the burn unit of Rangpur Medical College Hospital.
Sexual harassment
65. According to information gathered by Odhikar, in May 2016, a total
of 16 girls (below the age of 18) and women were victims of sexual harassment.
Of them one was injured, one was assaulted and 13 were victims of stalking.
However, one girl committed suicide due to sexual harassment.
66. On May 21, 2016 a female student of class IX, of Tajek Prodhan
High School at Gognagar area in Narayanganj, was sexually harassed by school
teacher Ibrahim Khalil, in an empty classroom. Hearing the shouting of the
girl, people approached and beat the teacher. Later police reached the school
and brought Ibrahim Khalil to the police station. The victim of sexual
harassment filed a case against teacher Ibrahim Khalil and then police showed
him as arrested.
Anti Corruption Commission and its accountability
67. The Anti Corruption Commission (ACC) was formed under the Anti
Corruption Commission Act, 2004 in order to prevent corruption in the country
and to investigate other specific crimes, including forgery. According to
Article 2 of this Act, “This Commission will be independent and impartial”. As
per law, the ACC will act as an independent and neutral institution, but the
ACC is unable to play an independent or neutral role. ACC is functioning as per
instructions of the ruling party, which has been reflected in several of its
activities. The ACC had initiated investigation into acts of corruption by the
former Ministers, Members of Parliament, influential politicians and
bureaucrats. However, most of the accused persons under investigation are being
given a ‘clean chit’ by the ACC, which is filing the cases secretly. ACC has
given ‘clean chit’ to 23,000 influential persons after investigation and filing
cases through final reports in eight years.
68. Between January and August 2014, about 1600 politicians backed by
the ruling party and high-level government officers were given clean chits.
Among them, the ACC has given impunity to 10 persons, including former
Communication Minister, Syed Abul Hossain for the Padma Bridge scam; and former
Health Minister AFM Ruhul Huq for possessing illegal property. Furthermore,
allegations of corruption have been removed in eight months, from the Deputy
Leader of the Parliament, Sajeda Chowdhury; former Health Affairs Adviser to
the Prime Minister, Syed Modasser Ali; Health Minister, Mohammad Nasim; and
former Ambassador of Bangladesh to the Philippines, Mazeda Rafiqun Nesa.
69. The Commission also removed the allegations brought against some
senior leaders of Awami League and some men associated with the ruling party in
2013. Among them, the Commission acquitted former parliamentarian HBM Iqbal and
former Chief Whip and Awami League leader Abul Hasnat Abdullah from two cases.
In June 2013, the ACC acquitted former Minister Mohiuddin Khan Alamgir from an
allegation of corruption. In addition to this, several government officers were
given clean chit and acquitted from cases. In the
meanwhile, the ACC continues legal proceedings under the cases filed against
top leaders of the opposition BNP.
70. Whether an investigation against corruption should be conducted or
not depends on the willingness of the officers of the Anti Corruption
Commission. Sometimes investigations are not carried out, despite having
concrete evidence of corruption against many people. In the meanwhile, the ACC
initiates investigations in some cases by making them public but lacking
specific information, allegations and evidence. About 50 officials of the Anti
Corruption Commission have been involved in taking bribes from persons under
investigation in order to set them free. There were allegations that the ACC
officials demanded bribes from the accused by threatening to file case against
them, investigate and provide charge sheets. Most of the victims did not dare
to complaint to the ACC, but made allegations to some intelligence agencies.
71. Odhikar too faces harassment from the ACC. On August 10, 2013 men
from the law enforcement agency picked up Odhikar’s Secretary Adilur Rahman
Khan without warrant and showed him arrested under the ICT Act for publishing a
fact finding report on extrajudicial killing of 61 persons centering a rally by
Hefazate Islam on May 5-6, 2013. Soon after this incident, the Anti Corruption
Commission initiated investigations into the financial transactions of Odhikar;
which escalated in January 2014 after Adilur Rahman Khan was freed on bail.
However, finding no concrete evidence, the investigating officer and Deputy
Director of the ACC, Harun-ar-Rashid recommended to the Commission to settle
the matter as ‘kept in record’ after investigating Odhikar for one and half
years. However, the Commission has decided to reinvestigate Odhikar as the
report submitted by Harun-ar-Rashid was not deemed satisfactory. Deputy
Director of the ACC, Jalal Uddin Ahammad has been given authority to
investigate the matter again. On May 22, 2016 at around
5:30 pm, a letter signed by Jalal Uddin Ahammad, the Deputy Director of the
Anti Corruption Commission came to Odhikar’s Secretary Adilur Rahman Khan. It
was an allegation of money laundering against Odhikar by the ACC and about
hearing and recording the statement of a relevant person of the Organisation.
The ACC mentioned that 97,000 Euro came as remittance to Standard Chartered
Bank for Odhikar, but they did not mention any date of such transaction. 97,000
Euro did not come as remittance to Standard Chartered Bank. The amount of Euro,
which was mentioned by ACC, was not correct. Rather, 97,501.07 Euro, equivalent
to 9,487,010.11 Taka (1 Euro=97.30 taka) as the project money for the 2nd year of
the European Union-funded project, was credited to Odhikar’s mother-account at
Standard Chartered Bank on July 8, 2013, with the permission of the NGO
Affairs Bureau (NGOAB). With the permission of the NGOAB, Odhikar withdrew
funds from the total amount and spent it for the implementation of project
activities. The remaining fund is still in the said bank account, because the
NGOAB did not approve of the remaining fund to be withdrawn from the bank. As a
result, it was not possible to implement the project activities completely. It
is to be noted that an agreement was signed between the European Union and
Odhikar for a two-year project, titled ‘Education on the Convention against
Torture and OPCAT Awareness Programme in Bangladesh’. The total budget of the
project was 196,710.12 Euro. The NGOAB gave permission to deposit the money in
the mother-account of the organisation; and to spend the money during the
project period in 24 months. The duration of the project was amended thrice and
also the budget needed to be amended because of the delay from NGOAB. All the
expenditures of the project were audited by the Audit Company which was approved
by NGOAB and European Union; and the audit report was submitted to both
institutes.
72. Odhikar believes that there is no lack of transparency about the
97,501.07 Euro (although the ACC wrongly mentioned 97,000 Euro). So, the
allegation of money laundering against Odhikar is totally baseless and
tantamount to harassment. It is to be mentioned that Odhikar can not only
account for the 97,501.07 Euro but also ensures accountability and transparency
in its all activities.
73. The Anti Corruption Commission is harassing Odhikar as part of the
repressive acts of the present government. Odhikar has been criticising the
discriminatory actions of the ACC and its non-transparent activities. Odhikar
has also been asking for the annual income and expenditure of ACC officials to
be published on the ACC website. The ACC can investigate Odhikar’s financial
transaction any time with due process of law. But in the name of ‘summoning’
and threats to ‘taking measures’ despite submitting all relevant documents
related to projects to the NGO Affairs Bureau, are tantamount to repression.
The ACC is harassing Odhikar in the name of ‘investigation’ keeping the
information of the complainant and the description of the allegations secret,
which proves that ACC is working as subservient institution to the government.
Odhikar believes that the ACC is trying to damage its reputation and make its
achievements controversial in order to stop its human rights
work, by following the repressive dictates
of the government.
Statistics: January-May 2016*
|
||||||||
Type of Human Rights Violation
|
January
|
February
|
March
|
April
|
May
|
Total
|
||
Extrajudicial killings
|
Crossfire
|
6
|
10
|
11
|
7
|
3
|
37
|
|
Shot to
death
|
2
|
0
|
0
|
4
|
0
|
6
|
||
Torture
to death
|
1
|
2
|
0
|
0
|
2
|
5
|
||
Total
|
9
|
12
|
11
|
11
|
5
|
48
|
||
Shot on
legs by law enforcement agencies
|
2
|
0
|
2
|
3
|
0
|
7
|
||
Enforced
Disappearances
|
6
|
1
|
9
|
11
|
12
|
39
|
||
Death in
Jail
|
8
|
3
|
4
|
5
|
9
|
29
|
||
Human rights
violations by Indian BSF
|
Bangladeshis Killed
|
3
|
1
|
1
|
2
|
4
|
11
|
|
Bangladeshis Injured
|
4
|
4
|
0
|
2
|
3
|
13
|
||
Bangladeshis Abducted
|
0
|
5
|
0
|
2
|
0
|
7
|
||
Attack on journalists
|
Injured
|
9
|
2
|
5
|
6
|
6
|
28
|
|
Assaulted
|
9
|
1
|
0
|
0
|
0
|
10
|
||
Local Government Elections
|
Municipality Elections
|
Killed
|
0
|
0
|
1
|
0
|
0
|
1
|
Injured
|
0
|
0
|
58
|
0
|
0
|
58
|
||
Union Parishad Elections
|
Killed
|
0
|
2
|
41
|
27
|
45
|
115
|
|
Injured
|
0
|
140
|
2127
|
1201
|
1485
|
4953
|
||
Dowry
related violence against women
|
22
|
19
|
14
|
16
|
12
|
83
|
||
Rape
|
59
|
57
|
60
|
75
|
66
|
317
|
||
Sexual
harassment /Stalking against women
|
27
|
23
|
20
|
25
|
16
|
111
|
||
Acid
Throwing
|
4
|
4
|
3
|
4
|
4
|
19
|
||
Public
lynching
|
2
|
11
|
5
|
6
|
3
|
27
|
||
Situation of
Ready-made Garments Workers
|
Burnt to
death
|
0
|
0
|
0
|
0
|
3
|
3
|
|
Injured
|
25
|
31
|
12
|
34
|
18
|
120
|
||
Arrest under
Information and Communication Technology Act
|
1
|
4
|
0
|
1
|
1
|
7
|
||
Recommendations
1. Interference to freedom of expression and of the media must be
stopped immediately. The Government must withdraw cases filed against all human
rights defenders and journalists; and it should also bring the perpetrators to
justice through proper and unbiased investigation. The ban on the publication
of the daily Amar Desh and the broadcasting of Diganta TV, Islamic TV and
Channel One should be removed. All persons who were detained for political
reasons or for expressing their opinions and thoughts, including the senior and
elderly journalist Shafik Rehman, Acting Editor of the daily Amar Desh Mahmudur
Rahman and BFUJ President Shawkat Mahmud should be released immediately.
Perpetrators who are involved in the killings of bloggers, online activists,
teachers, members of the minority communities should be brought to justice. All
repressive laws, including the Information and Communication Technology Act,
2006 (amendment 2009, 2013) and the Special Powers Act, 1974 must be repealed.
Monitoring on the social media and internet should be stopped. Furthermore, the
proposed enactment of recent repressive laws ‘Distortion of the History of
Bangladesh Liberation War Crimes Act 2016’ and ‘National Broadcasting Act 2016’
should be halted; and the section that halts media under the Press Council
(amendment) Act 2016 must be repealed.
2. Free fair and inclusive parliamentary elections should be held
under a neutral government or under the supervision of the United Nations; and
initiatives should be taken for the restoration of democracy and the voting
rights of the people and for fixing dysfunctional institutions.
3. Incidents of extrajudicial killings and torture by law enforcement
agencies must be investigated and the perpetrators be brought to effective
justice.
4. The law enforcement agencies must follow international guidelines
“Basic Principles on the use of Force and Firearms by Law Enforcement Officials”
and the “UN Code of Conduct for Law Enforcement Officials”. The Government must
ratify the Optional Protocol to the Convention against Torture; and effectively
implement the Torture and Custodial Death (Prevention) Act, 2013. Perpetrators
involved in the killings in Banshkhali must be arrested and the government must
stop arresting and harassing people who protested the Banshkhali carnage.
5. The Government has to explain all incidents of enforced
disappearance and post-disappearance killings, allegedly perpetrated by law
enforcement agencies. All victims of disappearance should be returned to their
families. The Government must bring the erring members of the security and law
enforcement agencies to justice before the law. Odhikar urges the government to
accede to the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted by the UN on December 20, 2006.
6. The Government should protest strongly against human rights
violations on Bangladeshi citizens by the Indian Border Security Force (BSF)
and take initiatives to investigate and make the Indian Government accountable
and compensate the families of the victims. The Government should also ensure
the safety and security of the Bangladeshi citizens residing at the border
areas.
7. Attacks and repression on all minority communities must be
stopped. The Government should take all measures to protect the rights of the
citizens belonging to religious, ethnic and linguistic minority communities and
ensure their security.
8.
The Government must ensure the effective implementation of laws to
stop violence against women and children and the offenders must be effectively
punished under prevalent laws. The Government should also execute mass
awareness programmes in the print and electronic media, in order to eliminate
violence against women.
9. The annual income and expenditure of all Anti Corruption
Commission officials should be made public and uploaded on the ACC website.
Transparency need to be ensured in the recruitment process of the ACC in order
to make it functional in transparent and accountable manner.
Tel: +88-02-9888587, Fax:
+88-02-9886208
Notes:
1.
Odhikar seeks to uphold the civil, political, economic, social and
cultural rights of the people.
2. Odhikar documents and
records violations of human rights and receives information from its network of
human rights defenders and monitors media reports in twelve national daily
newspapers.
3. Odhikar conducts detailed
fact-finding investigations into some of the most significant violations, with
assistance from trained local human rights defenders.
4. Odhikar is consistent in
its human rights reporting and is committed to remain so.