Bangladesh
14.01.03
Urgent Interventions

Bangladesh: risk of impunity for perpetrators of 11,000 arrests, widespread torture and 44 deaths under Operation Clean Heart

Case BGD 041102.2
Follow-up to Case BGD 041102
Arbitrary detention / Torture / Death in detention / Impunity

January 14th, 2003

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bangladesh.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, and other reliable sources, about an ordinance that will go before the Bangladeshi Parliament on January 26th, 2003, which will enable the perpetrators of massive human rights violations under Operation Clean Heart to enjoy total impunity in Bangladesh.

According to the information received, as the result of the Joint Drive Indemnity Ordinance, which has been created by Prime Minister Begum Khaleda Zia's Government at a time when the deadly and controversial anti-crime drive known as Operation Clean Heart is scaling down, as many as fifty thousand Bangladeshi troops may receive immunity from prosecution and thereby be reprieved of responsibility for torture and other human rights abuses, including the deaths of as many as 44 detainees. OMCT previously denounced the violent repression that has been taking place under Operation Clean Heart, which lasted from October 16, 2002 to January 9, 2003, in its initial, large scale deployment phase (please see Press Release: Bangladesh: Operation Clean Heart results in over 3,000 arrests and the death of 10 people as a result of torture and Cases BGD 041102 and BGD 041102.1 on our website: www.omct.org).

If the ordinance is passed when it goes before Parliament on January 26, 2003, dozens of pending criminal cases filed against the troops by victims or their families may be automatically dismissed and no further cases could reportedly then be filed concerning the widespread human rights violations which are alleged to have occurred during the operation.

According to the information received, Prime Minister Zia deployed the Army in October to help the police and civilian administration after she and her government were criticized for a severe rise in murder, extortion, kidnappings, lynchings and crimes against women by gangs linked to ruling and opposition political parties. Sources indicate that the operation soon began targeting members of the political opposition and journalists who criticised the Government's activities. During the course of the operation, approximately 11,000 people were arrested and more than 2,000 weapons and 30,000 rounds of ammunition were seized. Furthermore, 44 people have reportedly died in the army's custody or in hospitals after being freed. Relatives of the victims claim that the detainees were brutally tortured in order to extract confessions. The Government has only confirmed the deaths of 12 suspects and said that all of them died of heart attacks in hospitals after being handed over to police. Our sources have indicated that as many as 1000 persons may have been injured as a result of actions undertaken during Operation Clean Heart.

The indemnity ordinance is being viewed as a breach of the constitution and the rule of law, with Bangladeshi Barrister Kamal Hossain stating that the ordinance "formalises the government's hitherto undeclared policy of torturing and murdering suspects and [exposing] ordinary people to savage repression by the most powerful wing of the Government - the Armed Forces." Furthermore, the ordinance violates the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Bangladesh ratified on October 5, 1998, notably under: Article 2 of the Convention, which states that "No exceptional circumstances whatsoever, whether...internal political instability or any other public emergency, may be invoked as a justification of torture"; Article 4(1) which states that "Each State Party shall ensure that all acts of torture are offences under its criminal law"; and, Article 13 which adds that, "Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined...".

Law Minister Moudud Ahmed has stated, however, that the indemnity bill may be justified by Article 46 of the Bangladeshi Constitution, which allows the Government to grant indemnity in certain cases if approved by Parliament. The ordinance will be heard before Parliament on January 26th.

It is also worth noting that, while Operation Clean Heart has scaled down, with the troops being redeployed from the district to the divisional level, our sources indicate that further arrests remain likely, and that there are serious concerns for the physical and psychological integrity of all persons still being detained in relation with these events, many of whom are likely to be still at risk of being subjected to torture. An updated list of the persons who have thus far reportedly been killed as a result of Operation Clean Heart can be found at the end of this Urgent Appeal.

The International Secretariat of OMCT is gravely concerned by the massive human rights violations that have occurred during Operation Clean Heart, notably the arrest and detentions of some 11,000 persons and the allegedly widespread use of torture, which has led to some 44 deaths in detention. Furthermore, OMCT strongly opposes the so-called Joint Drive Indemnity Ordinance, which will enable as many as fifty thousand Bangladeshi troops to receive immunity from prosecution for these violations, if it is passed when it goes before the Bangladeshi Parliament on January 26th, 2003.

Action requested

Please write to the authorities in Bangladesh urging them to:

i. take any steps or actions within your authority to prevent the passage of the Joint Drive Indemnity Ordinance;
ii. take all necessary measures to guarantee the physical and psychological integrity of all persons that are being detained as a result of Operation Clean Heart;
iii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. guarantee that appropriate medical assistance is given to all injured persons as a matter of urgency and guarantee that they and the families of the deceased be awarded adequate reparation;
v. order a thorough and impartial investigation into the circumstances of these arrests and allegations of torture, in order to identify those responsible, bring them to trial and apply the appropriate sanctions as provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

· Mrs. Khaleda Zia, Prime Minister of Bangladesh, Prime Minister's Office, Old Parliament House, Tejgaon, Dhaka, Bangladesh, Fax: +88 2 8113244, 811015, 8113243, E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)
· Prof. Dr. Iajuddin Ahmed, President of the People's Republic of Bangladesh, Bangabhaban, Dhaka, Bangladesh, Fax: +88 2 9566242
· Mr. Barrister Moudud Ahmed, Ministry of Law, Justice & Parliamentary Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +88 02 861 8557, E-mail: minoflaw@bdonline.com
· Bangladesh Nationalist Party (BNP), Banani Office, House no. 53, Road no. 13, Dhaka, Bangladesh, Fax: + 88 2 8813063, e-mail: bnpbd@e-fsbd.net
· Mr. Alhaj Altaf Hossain Chowdhury, Minister of Home Affairs, Government of People's Republic of Bangladesh, Fax: +88 02 8619667 or +88 02 955 2323

Please also write to the embassies of Bangladesh in your respective country.

Geneva, January 14th, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.



Case BGD 041102.2
Follow-up to Case BGD 041102
Arbitrary detention / Torture / Death in detention / Impunity

CHRONOLOGY OF DEATHS DURING THE JOINT MILITARY OPERATION, "OPERATION CLEAN HEART"

· Oct. 17, 2002: Shafiqul Islam, 16, son of Dudu Mia, dies as the army opens fire on an agitating crowd in Bogra.
· Md. Yakub Ali, 40, organizing secretary of the Uttara thana unit of the Bangladesh Nationalist Party (BNP), dies in the capital after being picked up by the army. His body is handed to relatives the next day.
· Jahangir Hossain, 38, a BNP activist, is picked up by the army from his Pallabi residence in the city and dies in custody. Relatives receive Jahangir's body the following day.
· Oct. 19, 2002: Abul Khayer Molla, 50, a BNP activist and freedom fighter, dies at the Gopalganj Sadar Hospital after army arrest and interrogation.
· Oct. 21, 2002: Afzal Hossain, 25, a businessman, dies at the Savar Combined Military Hospital after being picked up from a tea stall and interrogated by an army team.
· Oct. 22, 2002: Amirul Islam Rocket, 35, general secretary of the Bhola district unit of the Awami League, dies at the Bhola Sadar Hospital, a day after arrest.
· Saifuzzaman dies in Gaibandha following his arrest by the joint forces the day before.
· Oct. 23, 2002: Nazmul Islam Milan, 40, a Jubo League activist and ticket seller of a cinema, dies at the Rajshahi Medical College Hospital hours after his arrest by the army.
· Oct. 25, 2002: Abdul Aziz Sardar, 47, general secretary of the Pangsha thana BNP, dies two days after his arrest by the troops on October 23.
· Oct. 26, 2002: Khorshed, 35, a day-labourer of Kalapoka Ramgati, dies at the Choumuhuni station, allegedly beaten by the army while asleep.
· Oct. 27, 2002: Masum Biswas, 38, an activist of the Khulna Jubo League and cousin of AL lawmaker Sheikh Helal, dies at the Dhaka Medical College Hospital (DMCH), three days after his arrest in Khulna on October 23.
· Oct. 28, 2002: Kala Chand Tripura, a constable of the Pekua police station in Cox's Bazar, dies at the Chittagong Medical College Hospital (CMCH), four days after being beaten by an army team.
· Abul Hossain Litu, 27, dies in his poultry farm at Savar following alleged torture by the army. The army claims Litu fell from the rooftop of the farmhouse and died as he tried to escape.
· Oct. 29, 2002: Jamir Uddin, a suspected criminal, dies at the Gopalganj Thana Health Complex in Sylhet hours after his arrest by the army.
· Abu Syed Delu, 22, died at the Chest Disease Hospital in the capital a week after his arrest.
· Oct. 30, 2002: Jennifer Syed King, 25, a Jatiyatabadi Chhatra Dal (JCD) activist, dies at Panchagar, a day after his arrest.
· Tota Mia, 37, a Jubo League activist, dies at Madaripur within four hours of his arrest.
· Nov. 1, 2002: Mizanur Rahman Busha, 40, an activist of the Chuadanga unit of the Jubo Dal, dies at the Khulna Medical College Hospital, two days after his arrest on October 29.
· Nov. 3, 2002: Lebu Mia, 45, a farmer of Baithakhali in Habiganj, dies. He was arrested on October 30 and handed to the police.
· Nov. 4, 2002: Abdul Haque, 32, a microbus driver, dies at the Osmani Medical College Hospital, ten days after his arrest on October 25. He was sent to jail although he was sick.
· Nov. 7, 2002: Rashedul Hasan, 35, an assistant film director, dies at the DMCH. He was picked up from his Tejkunipara residence on November 2 and the next morning found unconscious in front of his house.
· Nov. 8, 2002: Saiful Islam, 22, an activist of Chhagolnaiya Jubo Dal, dies at the Feni Sadar Hospital hours after being arrested with crackers. He was handed to the police in a critical condition.
· Nov. 9, 2002: Abu Sufian, 30, dies at an army camp in Mohammadpur.
· Nov. 10, 2002: 73-year-old Haji Abul Kashem dies at the Tangail General Hospital nine days after arrest.
· Nov. 19, 2002: Zahirul Islam Mia, 25, president of Ward No. 82 unit of the Jubo Dal, dies at the Mitford Hospital after, according to army, residents of Shyampur beat him up and handed him over to the troops.
· An unidentified man, aged about 40, dies at the Mitford Hospital after being handed to the Keraniganj police by the army in a critical condition.
· Nov. 20, 2002: Tasu Mia, 45, a businessman at the Nilkhet Bakusha Market, dies at an army camp, a day after his arrest. Army claimed that he was run over by a passenger bus.
· Nov. 21, 2002: Masum, 30, dies at the DMCH two days after he was picked from Fatullah.
· A day labourer, Hakim, dies at the DMCH eight days after being caught in crossfire between the army and criminals at Gabtoli in the city on November 13.
· Shariful Mallik, 26, dies on the way to the Khulna Medical College Hospital. He was arrested from Rupsha on November 1.
· Nov. 25, 2002: Arju Mia, 38, a BNP leader and president of the Poura Rickshaw Sramik Dal, dies at the DMCH. He was picked up from Bora of the Poura area and admitted to the Gazipur Sadar Hospital in a critical condition.
· Nov. 30, 2002: Tipu Biswas, 35, a Khulna Jubo Dal activist, dies in army custody.
· Dec. 10, 2002: Abdus Sattar, a businessman, dies at the Bogra Mohammadpur Hospital, two days after being picked up by the army.
· Dec. 14, 2002: Nabi Hossain Kahn, 50, a rickshawpuller, dies at Narsinghdi after being picked up by the army. His body was found in a pond in Raipura.
· Dec. 15, 2002: Jasim Uddin, 25, dies at the CMCH hours after his arrest.
· Dec. 16, 2002: Shafiuddin Swapan, 35, a Jubo Dal leader, dies at the DMCH.
· Omar Faruk alias Tiger Faruk, 46, brother of Narayanganj city BNP joint convenor Abdus Sattar, dies at the DMCH after arrest the day before.
· Ibrahim Khalil Ibu, a Chhatra League leader of Kotbari Rampur in Comilla, dies at the DMCH, a day after his arrest.
· Mir Jahirul Rabin, 22, student of Tejgaon College, dies at the DMCH after being picked up by the army on December 4 and admitted to the hospital on December 8.
· Abu Barek Rubel, 24, of Charandeep of Buripukur, succumbs to his injuries prior to his admission to the Boalkhali Hospital after being picked up by the army during a drive to nab robbers.
· Dec. 20, 2002: Yusuf, 34 of Rangunia, dies at the CMCH.
· Jan. 3, 2003: Mohammad Rashed, 25, dies at the CMCH. He was arrested along with firearms from Sandwip on December 25 night.
· Jan. 6, 2003: A leader of an outlawed party dies few hours after he was arrested in Pabna.
· Jan. 8, 2003: Abdul Khaleq Sarkar, 28, a poultry businessman, dies at the Gazipur Sadar Hospital. He was arrested from Shafipur Bazar on Jan. 6.

January 14th, 2003