Allegedtorture and ill-treatment/ Death threats/ 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 ill-treatment of Mr. MohammadAbu Reza Roni Meradona, 25 years old and owner of a business called “AutoMobile Servicing”, and Mr. Mohammad Habibur Rahman Habib, 21 years oldand a student, from Shrimontopur village, early 2012. OMCT is concerned that,to date, no proper investigation has been reportedly carried out into these allegationsand that the perpetrator has not been brought to justice.

Accordingto the information received, on a day between 8 January and 28 February 2012(exact date unclear) Sub Inspector (SI) Nurujjaman Bishwas came to Mr.Mohammad Abu Reza RoniMeradona’sshop to inquire about Mr. Shorif Hossain’s disappearance that occurred on 7January 2012. This latter was Mr. Meradona’s neighbour in the village and usedto come to his shop together with Mr. MohammadHabibur Rahman Habib as they were studying in the city. Mr. Meradonareportedly told the Sub Inspector that they had not been in contact any more. Hewas taken to the Magura Sadar Police Station twice in these two months, wherehe was slapped and kicked for two days and questioned about Mr. Hossain. Afterthose two days, he gave a bribe of 5000 taka to SI Nurujjaman and signed a bondto be released.

Accordingto the same information, on 29 February 2012 around 11 pm, SI Nurujjaman cameback to Mr. Mohammad Abu Reza RoniMeradona’shouse. After waking up his parents and brother, Mr. Mohammad Abu Reza RoniMeradona was handcuffed and dragged toa nearby police van, without being informed of the reasons for his arrest. Mr.Meradona did not ask for these reasons either as, according to the bond he hadsigned before, he was obliged to be present at the police station when calledupon. Mr. Meradona’s father reportedly gave SI Nurujjaman a bribe of 5000taka’s to prevent his son from being tortured, upon which the SI told him tocome to Magura Sadar Police Station the next morning. The police van then droveto Mr. Habib’s residence, where he was picked up as well around 11.30 pm. Mr.Habib was handcuffed and informed by the SI that he was arrested as a suspectin the missing of Mr. Hossain. The van went subsequently to the Magura SadarPolice Station where Mr. Meradona and Mr. Habib were kept all night.

On 1March 2012 around 8 am Mr. Meradona was reportedly blindfolded and taken toanother room by SI Nurujjaman, where he was handcuffed to the window grill. TheSI beat him with a stick on different parts of his body, including his legs,back and both arms, while he kept questioning Mr. Meradona about thedisappearance of Mr. Hossain. Around 9 am Mr. Meradona’s father came in theroom where he saw his son being beaten up, and asked the SI to stop. SINurujjaman however called the sentry and ordered his removal from the policestation. When Mr. Meradona’s father came back, he gave the SI another bribe of2500 taka’s to request for Mr. Meradona’s release, but was removed from thepolice station. Mr. Habib’s brother also went to the police station that sameday, where he saw that his brother and Mr. Meradona were beaten while beingquestioned about Mr. Hussain.

When Mr.Meradona refused to give a false confession to the SI, the latter allegedly threatenedhim by saying that he might die in crossfire. Later that same day, Mr. Meradonaand Mr. Habib were brought to Magura District Jail. When entering they wereasked if they had been tortured, but they denied. According to Mr. Meradona andMr. Habib they did not inform the prison guard about the torture out of fear,as the SI had threatened them that they would be tortured again if they wouldtell anyone about it. The next morning, on 2 March 2012, Mr. Habib’s brother wentto the District Jail where he found out that Mr. Habib was ill. He was able tobring some medicine and give those to Mr. Habib. The prison guard stated thathe also called the doctor in the jail, and ensured their primary medicaltreatment; however, the victims did not have access to a doctor outside thejail.

Mr. Habiband Mr. Meradona got bail on 28 March 2012, and their case is pending beforethe Chief Judicial Magistrate Court. They have access to a lawyer of their ownchoice, and the next hearing is set on 23 August 2012.

Accordingto the same information received, on 4 March 2012 an application was filed onbehalf of Mr. Meradona and Mr. Habib before the Division Bench of the HighCourt Division of the Supreme Court seeking redress. The court reportedlyordered the competent Bangladeshi authorities to respond to the allegations,after which the Police Superintendant formed an investigation team of three members.This committee reportedly submitted a primary investigation report to the PoliceSuperintendant, in which it found the allegations of torture to be true. However,only a departmental case was filed against SI Nurujjaman (an inquiry within thepolice department that can lead for example to a reprimand or demotion). Whilethis investigation is going on, the SI has been temporarily suspended and withdrawnfrom the Magura Sadar Police Station. However, there are also fears that hewill just be redeployed in another police station.

TheInternational Secretariat of OMCT is gravely concerned about the alleged acts oftorture and ill-treatment inflicted upon Mr.Meradona and Mr. Habib in police custody, andthe lack of proper investigation into these allegations. OMCT recalls that the authorities of Bangladesh have tofulfil their obligations underinternational human rights law toprotect the right not to be subjected to torture or other cruel, inhuman ordegrading treatment or punishment and to bringing to justice those responsiblefor violating this right.

Therefore, OMCT calls on the competentauthorities to ensure that an investigationis carried out promptly, effectively, thoroughly,independently and impartially into these allegations, in accordance withinternational human rights standards, the result of which must be made public,in order toidentify all those responsible, bring them to trial and apply adequatesanctions.

Action requested

Pleasewrite to the authorities in Bangladesh urging them to:

i. Guarantee, in all circumstances,the physical and psychological integrity of Mr. Mohammad Abu Reza Roni Meradonaand Mr. Mohammad Habibur Rahman Habib;

ii. Carry out a prompt, effective, thorough,independent and impartial investigation into the aformentioned facts, notably theallegations of torture and ill-treatment of Mr.Meradona and Mr. Habib, inaccordance with international human rights standards, the result of which mustbe made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law;

iii. Ensurethat an effective remedy, including the right to full redress with compensationand rehabilitation, be granted to the victimsconcerned;

iv. Guaranteethe respect of human rights and fundamental freedoms throughout the country inaccordance 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, 13 July2012

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