Death incustody/ Alleged torture and ill-treatment/ No proper investigation/ Risk ofimpunity

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation in Bangladesh.

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by ODHIKAR, a member ofOMCT SOS-Torture Network, about the alleged torture and subsequent death indetention of Mr. Faruq Hossain Kamal,a 37-year-old businessman from Dhaka Metropolitan City, early 2012. OMCT isconcerned that, to date, no proper investigation has been reportedly carriedout into the circumstances of his death and that the perpetrators have not beenbrought to justice.

Accordingto the information received, Mr. Faruq Hossain Kamal was arrested on 19February 2012 by Sub Inspector (SI) Nuruzzaman, who came along with two otherpolicemen from Kafrul Police, in Boubazar area, in North Kafrul, and taken toKafrul Police Station. Mr. Faruq Hossain Kamal managed to call one of hissisters who went to the police station. She was first not allowed to see herbrother and decided to wait at the police station. At around midnight, she reportedlyheard her brother scream and the sound of beatings. She was only allowed tobriefly see him after she gave 100 Taka to one of the policeman. Mr. FaruqHossain Kamal reportedly told his sister that he was arrested while he was at atea stale in North Kafrul. When he asked SI Nuruzzaman about the reasons for hisarrest, this latter reportedly told him that there was an arrest warrantagainst him. Once at the police station, he was allegedly beaten by policemenand SI Nuruzzaman asked him for 50’000 Taka or otherwise he would be torturedand killed. Mr. Faruq Hossain Kamal then asked his sister to collect the moneyin order to get him released. However, she did not manage to gather thatamount.

Accordingto the same information, on 20 February 2012, at about 9 am, Mr. Faruq HossainKamal’s sister went back to the police station to bring him some breakfast. Hereportedly told her that SI Nurussaman threatened him anew. She was theninformed by police station duty officer that her brother would be taken tocourt. When she arrived at the Chief Metropolitan Magistrate Court she couldnot find her brother and went back to Kafrul Police Station. However, she wasnot allowed to see him.

A fewdays later, on 28 February 2012, an unknown person called Mr. Faruq HossainKamal’s sister and told her that her brother was very sick and admitted to ward218 of Dhaka Medical College Hospital. Once at the hospital, she was informedthat her brother had died and that his body was at the morgue. She reportedlynoticed that the body of her brother was bloated and it had dark bruises on thelegs. She was reportedly later informed that her brother had been brought bythe police to the court on 21 February 2012, and the next day to Dhaka CentralJail. There, he had been reportedly admitted to the prison hospital after thejail authorities noticed his poor physical condition before being transferredto Dhaka Medical College Hospital after his condition deteriorated.

Accordingto the same information, the police denied any torture against Mr. FaruqHossain Kamal and reported that he had died further to an epilepsy attack and aheart disease.

The InternationalSecretariat of OMCT is gravely concerned about the circumstances surroundingthe death of Mr. Faruq Hossain Kamal and callsupon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation intothe circumstances of these events, notably the allegations of torture, inaccordance with international human rights standards, such as the UN Principleon the Effective Prevention and Investigation of Extra-legal, Arbitrary andSummary Executions, the result of which must be made public, in order to bringthose responsible before a competent, independent and impartial tribunal andapply penal, civil and/or administrative sanctions as provided by law.

OMCTrecalls that the authorities have to fulfil their obligations underinternational human rights law to protect the right to life and the right notto be subjected to torture or other cruel, inhuman or degrading treatment orpunishment and to bringing to justice those responsible for violating thisright.

Actions Requested

Pleasewrite to the authorities in Bangladesh urging them to:

i. Carry out a prompt, effective, thorough,independent and impartial investigation into the surroundings ofthe death of Mr. Faruq Hossain Kamal, inaccordance with international human rights standards, inter alia, with the UNPrinciple on the Effective Prevention and Investigation of Extra-legal,Arbitrary and Summary Executions, the result of which must be made public, inorderto bringthose responsible before a competent, independent and impartial tribunal andapply penal, civil and/or administrative sanctions as provided by law;

ii. Ensure that adequate, effective and promptreparation, including adequate compensation, is granted to the victim’s family;

iii. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø Ms. Sheikh Hasina, PrimeMinister, Office of the Prime Minister, Gona Bhaban, Old Sangsad Bhaban,Tejgaon, Dhaka, Bangladesh, Fax: +880 2 8113243, Email: info@pmo.gov.bd

Ø Ms. Shahara Khatun, Ministerfor Home Affairs, Ministry of Home Affairs, Bangladesh Secretariat Building 4,Dhaka, Bangladesh, Fax: +88-02-716967, Email: minister@mha.gov.bd

Ø Barrister ShafiqueAhmed, Minister for Law, Justice and Parliamentary Affairs, Ministry ofLaw, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka,Bangladesh, Fax: +88-02-7168557, Email: info@minlaw.gov.bd

Ø Mr.Hassan MahmoodKhandker, Inspector General of Police, Police Headquarters, Phoenix Road,Dhaka-1000, Bangladesh, Fax: +88-02-9563362, 9563363, Email: ig@police.gov.bd

Ø Ambassador Mr. Abdul Hannan,Permanent Mission of the People’s Republic of Bangladesh to the United Nationsin Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 46 16,E-mail: mission.bangladesh@ties.itu.int

Please alsowrite to the embassies of Bangladesh in your respective country.

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Geneva, 26July 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply