Death and ill-treatment in RAB custody

The International Secretariat of the World Organisation Against Torture (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 ODHIKAR, a member of OMCT SOS-Torture Network, about the death under unclear circumstances of Mr. Asfar Uddin aka Asfu (37 years old) and the ill-treatment inflicted upon Shumon (known as such) (19 years old), both residents of Noyagaon, Munshiganj, while in Rapid Action Battalion (RAB) 11 custody.

According to the information received, on 19 October 2008, between 11:00am and 12:30pm, several RAB 11 officers arrested Mr. Uddin and Shumon in Noyagaon, Munshiganj. Both were allegedly severely beaten several times with sticks and boots by the RAB officers during their arrest. At around 4:00pm, the RAB officers took Mr. Uddin and Shumon, both blindfolded, to Sreenagar RAB 11 Camp.

According to Shumon, who was released on bail on 4 November 2008 from Munshiganj District Jail, once at the camp, both were placed in different cells. Shumon reportedly heard Mr. Uddin screaming from his cell saying “Either you kill me… or let me live”. Shumon reportedly sustained injuries on his hands and feet (his right leg and left hand fingers were broken).

On 20 October 2008, at around 2:00am, Mr. Uddin and Shumon were reportedly taken to Munshiganj General Hospital. After being medically treated, they were taken into two separate vehicles. However, at 5:20am, Mr. Uddin was reportedly brought to Sreenagar Upazila Health and Family Planning Complex where he died 15 minutes after his admission. According to the information, his condition was very severe. Moreover, his hands and feet allegedly bore bruises and signs of beating were reported on his palms and bottom of his feet.

According to the RAB statement, a RAB team arrested Mr. Uddin and Shumon with phensidyl in the evening of 19 October 2008 and following their alleged confession, the team went to Munshiganj to arrest their accomplices. Both were injured when they allegedly tried to escape. They were then taken to Munshiganj General Hospital. While on their way to arrest the others, Mr. Uddin allegedly complained of chest pain. He was then taken to Sreenagar Upazila Health and Family Planning Complex where he died.

The International Secretariat of OMCT is gravely concerned about the death of Mr. Asfar Uddin, death which exact circumstances remain unclear, and about the ill-treatment inflicted upon Shumon. OMCT recalls to Bangladesh that according to article 6 1) of the International Covenant on Civil and Political Rights (ICCPR) to which it is a State party, “Every human being has the inherent right to life.…. No one shall be arbitrarily deprived of his life.” Furthermore, according to article 11 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which Bangladesh is a State party, “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

Action requested

Please write to the authorities in Bangladesh urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Shumon;
2. Order a thorough and impartial investigation into the death of Mr. Asfar Uddin and the ill-treatment suffered by Shumon, in order to identify all those responsible, bring them to trial and apply the civil penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to Shumon and Mr. Asfar Uddin’s family;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Mohammad Ruhul Amin, Chief Justice, Supreme Court of Bangladesh, Supreme Court Building Ranna, Dhaka-1000 Bangladesh, Fax +880 2 9565058
• Mr. A. F. Hassan Ariff, Law Advisor, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +880 2 7168557
• Mr. Kazi Habibul Awal, Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Email: info@minlaw.gov.bd, Fax: +880 2 7171536
• Major General (retd.) M. A. Matin, Home Advisor, Ministry of Home Affairs, Bangladesh Secretariat, Building 4, Dhaka, Bangladesh, Email: mediacell@homemin-bd.org
• Mr. Abdul Karim, Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Fax no. of IGP - +880 2 9563362, 9563363
• Mr. Mohammad Ruhul Amin, Chief Justice, Supreme Court of Bangladesh, Supreme Court Building, Ranna, Dhaka-1000, Bangladesh, Fax +880 2 9565058
• Mr. Nur Mohammad, Inspector General of Police (IGP), Bangladesh Police, Police Headquarters' Fulbaria, Dhaka-1000 Bangladesh.
• Md. Alamgir Rahman, Superintendent of Police (SP), Office of the Superintendent of Police, Sirajganj, Bangladesh, Faz: +880 751 62415
• Permanent Mission of the People's Republic of Bangladesh to the United Nations in Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int
• Embassy of the People’s Republic of Bangladesh in Brussels, 29-31 rue J. Jordaens, 1000 Brussels, Belgium, Fax: +32 2 646 59 98; Email: bdootbrussels@freegates.be

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

Geneva, 27 November 2008

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