Death in custody under unclear circumstances

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 25-year-old Mr. Abdul Mazid from Bhatkoi village (Raninagar Upazila) in Naogan district.

According to the information received, Mr. Abdul Mazid, who was reportedly involved in the past with the Purbo Banglar Communist Party – ML, an ultra left political organisation, left home at around 7:00am on 12 June 2008 to appear before the court[1]. He had been released on bail after having served four years in prison. As he did not return home that day, his wife, Ms. Seli Begum, called on his mobile phone but while on the first try the mobile was off, on the second time an unknown individual answered the phone. The next day, on 13 June 2008, Ms. Seli Begum started searching for him and was reportedly told by Raninagar Police Station to go to the local hospital, Raninagar Upazila Health Complex, where a dead body would have been brought in. Ms. Seli Begum reportedly went there along with her sister-in-law, Ms. Shiri Begum, and found the dead body of Mr. Abdul Mazid under police guard. The body reportedly showed two bullet wounds in the chest and the left arm was broken. Furthermore, marks around the wrists were also visible showing signs of being tied up. The body was returned on the same day at about 5pm following the post-mortem examination.

According to the same information, Ms. Seli Begum was later informed by individuals from Akna Bashbaria village, who reportedly saw Mr. Abdul Mazid when he got out his hearing on 12 June 2008, that two people in plainclothes took him away. When they tried to know where he was being taken to, police officers, who were present, reportedly stopped them.

According to the Raninagar Police Station, Mr. Abdul Mazid was killed in crossfire on 13 June 2008 when the police raided a place near a bridge in Akna Bashbaria village, where a group of Purbo Banglar Communist Party – ML, allegedly hold a secret meeting.

According to ODHIKAR fact-finding mission, six labourers, who were reportedly sleeping in a temporary hut near an under-construction building in the village of Akna Bashbaria, were awakened at about 2.45am by sound of shooting. They reportedly saw several police officers shouting “Catch! Catch! Escaping! Escaping! Shoot! Shoot!” and then some blank shots were fired. When the shooting stopped, the police officers reportedly called them along some people from the neighbouring houses to show them a dead body. The police officers then reportedly took their signatures on a sheet of paper but without them having read the document. The dead body was Mr. Abdul Mazid.

The International Secretariat of OMCT is gravely concerned about the death of Mr. Abdul Mazid, death which exact circumstances remain unclear. 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.” OMCT calls upon the authorities to launch a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law for impunity should not prevail. Finally, OMCT urges the authorities to guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international humanitarian law and human rights standards.

Action requested

Please write to the authorities in Bangladesh urging them to:

1. Order a thorough and impartial investigation into the death of Mr. Abdul Mazid, in order to identify all those responsible, bring them to trial and apply the civil penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to the victim’s family;
3. 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
• Dr. Fakhruddin Ahmed, Chief Advisor of the Caretaker Government, Office of the Chief Advisor, Tejgaon, Dhaka, Bangladesh. Fax : +880 2 8113243 / 3244 / 1015 / 1490, Email: Info@pmo.gov.bd
• Mr. Mohammad Ruhul Amin, Chief Justice, Supreme Court of Bangladesh, Supreme Court Building, Ranna, Dhaka-1000, Bangladesh, Fax +880 2 9565058
• Barrister Fida M Kamal, Attorney General of Bangladesh, Office of the Attorney General Supreme Court Building, Ramna, Dhaka-1000, Bangladesh. Fax: +880 2 9561568
• Mr. Nur Mohammad, Inspector General of Police (IGP), Bangladesh Police, Police Headquarters' Fulbaria, Dhaka-1000 Bangladesh.
• Mr. Mohammad Ibrahim Khalil, Deputy Commissioner (DC), Office of the Deputy Commissioner, Sirajganj, Bangladesh, Fax: +880 751 63901
• 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, 26 September 2008

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

[1] Mr. Abdul Mazid was reportedly accused in five murder cases.