1

May 1, 2012

Human Rights Monitoring Report April 1-30, 2012

Allegations of disappearances after being picked by law enforcing officers

Political violence and hartal Extra judicial killings continue

Torture in police custody Criminal cases withdrawn out of ‘political consideration’

BSF’s destruction on Bangladesh territory Slum eviction without alternative shelter arrangement

Odhikar condemns the statement made by the Deputy Leader of the Parliament

Attacks on religious minority groups Violence against readymade garments workers

Violence against women Odhikar believes that ‘democracy’ is a form of the State and the product of the peoples’struggle for rights initiating collective responsibilities. Therefore, individual roles and democratic aspirations of the citizens and their collective rights and responsibilities must be the foundational principle of the state. Failure to do so at the founding moment is a continuing curse that people are forced to carry. Democratic legitimacy of the state is directly related to its commitment and capacity to ensure human rights such as rights to life and livelihood; right to environment and health; and needless to mention, dignity and integrity of individuals or persons including freedom of speech and association. These rights, as the foundational principles of the State, must remain inviolable; and accordingly, the Parliament, Judiciary and Executive cannot and should not have any power to abrogate them through any legislation, judicial verdict or executive order. Odhikar, being an organisation of human rights defenders in Bangladesh, has been struggling to ensure these rights. Odhikar stands against all forms of human rights violations and accordingly participates and remains directly involved in the human rights movement in Bangladesh. Odhikar brings to the movement the strategic perspective that in its demand for civil, political, economic, social and cultural rights, the human rights movement not only endeavors to protect the victims,

2

but also in countries like Bangladesh is constitutive of a democratic state. The movement to establish the rights and dignity of every individual is part of the struggle to constitute Bangladesh as a democratic, political community. As part of its mission, Odhikar monitors the human rights situation of Bangladesh to report violations and defend the victims. In line with this campaign, an account of the human rights situation of Bangladesh, for the month of April 2012, is presented here: Allegations of disappearances after being picked by members of law enforcing agencies

1. Many people are missing after being picked up allegedly by members of the law enforcement agencies as claimed by their families.

2. According to information gathered by Odhikar, five persons were allegedly disappeared during the month of April 2012.

3. Most recently, on April 18, 2012, former Member of Parliament and Organising Secretary of the Central Committee of BNP1, M Ilias Ali and his driver Ansar Ali were allegedly picked up by the members of law enforcing agencies from Banani in Dhaka city. Tahsina Rushdir, wife of Ilias Ali, claimed that her husband had been picked up by the agency of the goverment.2

4. On April 3, 2012, Iftekhar Ahmed Dinar, Assistant General Secretary of Sylhet District Committee of Jatiyotabadi Chhatra Dal3; and Chhatra Dal leader Junaed Ahmed were picked up by plainclothes members of the law enforcing agencies from Uttara in Dhaka. The family of Dinar alleged this at a press conference in Sylhet. Ilias Ali was also present at the press conference.4

5. On April 4, 2012 Aminul Islam (41), a leader of the Bangladesh Garments and Industrial Workers Federation and a staff of Bangladesh Centre for Workers Solidarity (BCWS), was allegedly picked up by the members of the law enforcement agencies from Ashulia, Dhaka, taken to an unknown destination and tortured to death. The deceased’s body was recovered by police from Ghatail under Tangail district with signs of severe torture. Aminul Islam’s wife Hosne Ara Begum Fahima informed Odhikar that her husband was earlier arbitrarily detained several times and tortured in 2006 and in 2010 by law enforcement agencies.5

1 BNP: Bangladesh Nationalist Party 2 The daily Prothom Alo, 19/04/2012 3 Student wing of BNP 44 Report from Muhibur Rahman, human rights defender of Odhikar in Sylhet, 08/04/2012 5 Fact finding report of Odhikar, 26/04/2012

3

6. Odhikar expresses grave concern regarding the incidents of ‘enforced disappearance’ and demands that the Government should rescue or recover the victims of enforced disappearances and take stern action against the responsible persons. Apart from the despicable degradation of human rights and law and order situation the ‘enforced disappearance’ of M. Ilias Ali signals a political crisis that may precipitate serious instability and uncertainty in the society and politics of Bangladesh. This may intensify the already precarious partisan violence. The government’s tactics of using law enforcement agencies to repress the Opposition political parties will further contribute to the already deteriorated political situation of Bangladesh.

Political violence and hartal

7. According to information gathered by Odhikar, in April 2012, 24 persons were killed and 2528 injured in political violence. 25 incidents of internal violence in the Awami League and 11 in the BNP were also recorded during this period. In addition to this, four persons were killed and 332 were injured in internal conflicts of the Awami League while 134 were injured in BNP’s internal conflicts. Such incidents occur due to the failure in bringing the perpetrators of political violence to justice.

8. The main opposition, BNP, called a consecutive three-day dawn-to-dusk hartal6 from April 22 – 24, 2012 protesting the disappearance of former parliamentarian and BNP leader M. Ilias Ali. During the hartal, clashes occurred between law enforcement agencies and BNP activists in many places of the country, including Dhaka. A number of vehicles were vandalised and buses set on fire the day before and during hartal.

9. On April 21, 2012, a bus driver Badar Ali Beg (40) and his helper Motaleb were sleeping in a bus which was parked beside the Khilgaon Government High School colony in the capital. It is alleged that hartal supporters set the bus on fire while they were sleeping and Badar Ali Beg was burnt to death.7

10. On the first day of hartal, a private car driver Abdur Rashid (30) died in an accident on the Dhaka-Aricha highway in Hemayetpur area while he was being chased by picketers.8

11. On the second day, two picketers, namely Manowar (30), son of Abdus Salam and Selim Ahmed (25), son of Rafiq Mia were killed and more than 100 people, including policemen, injured during clash with law enforcement agencies at Bishwanath in Sylhet. Zakir Hossain (24), son of Bhutto Mia who was shot during the incident, succumbed to his injuries on April 25, 2012 while under treatment at Osmani Medical College Hospital in Sylhet. Chhatra League9 and Jubo League10 joined the law enforcement agencies during the clashes.11

6 Hartal: General strike 7 The daily Prothom Alo, 22/04/2012 8 The Daily Ittefaq, 23/04/2012 9 Student wing of Awami League

4

12. Moreover, BNP claimed that police arrested 1106 activists from all over the country on April 22 and 23, 2012 during hartal.12

13. On April 22, 2012, during the hartal, two BNP activists Shahadat and Alamin were arrested by police from Phulbari, Bogra and produced before the mobile court. The Magistrate ordered six months of imprisonment.13 Meanwhile five youths have been sentenced for 15 days of imprisonment for picketing in Chandpur.14

14. On April 24 at least 101 people were arrested by police in relation to the hartal.15 15. Sporadic violence and detention of Opposition activists marked the first day of the

second round of the back-to-back hartal on April 29, 2012 by the BNP-led 18 party alliance, as they continued to put pressure on the government to trace disappeared Ilias Ali. Pro-hartal activists also vandalised vehicles across the country the day before and during the hartal. Moreover, four vehicles were torched in different parts of the capital on the eve of April 28.16 According to BNP’s acting Secretary General, Mirza Fakhrul Islam Alamgir, 455 BNP leaders and activists were arrested by law enforcement agencies across the country.17 More than 100 people were injured in clashes between police and pro-hartal activists.18

16. On April 29, 2012 four picketers in Tangail have been sentenced for different periods of imprisonment through summary trial using a mobile court for picketing.19

17. On April 30, the second day of the hartal seven BNP activists in Chandpur and one Chhatra Dal leader in Rangpur were sentenced for different periods of imprisonment through summary trial using a mobile court.20

18. On April 28, 2012 Chhatra League activists attacked cultural activists and teachers who were protesting for the resignation of the Vice-Chancellor of Jahangirnagar University. Five teachers, 12 cultural activists and a journalist were injured in the attack.21

19. Odhikar condemns the vandalising of vehicles, by hartal supporters and the attacks by anti hartal activists and mass-arrest by police the day before and during hartal. Odhikar also expresses concern over punishing people through summary trials by using a mobile court. Odhikar expresses grave concern over the continuation of political violence. Odhikar believes that political leaders need to be sensitised to stop political violence

10 Youth wing of Awami League 11 Report from Muhibur Rahman, human rights defender of Odhikar in Sylhet 12 The daily Prothom Alo, 24/04/2012 13 The daily Naya Diganto, 23/04/2012 14 The daily Samakal, 23/04/2012 15 The Daily Ittefaq, 25/04/2012 16 The Daily Star, 29/04/2012 17 The daily Kaler Kantha, 30/04/2012 18 The daily Jugantor, 30/04/2012 19 The daily Amar Desh, 30/04/2012 20 The Manabzamin, 01/05/2012 21 The daily Manabzamin, 29/04/2012

5

among themselves and within their parties; and the law enforcement agencies must play an effective role and be held accountable for such acts.

Extra judicial killings continue

20. Extrajudicial killings continue, despite repeated assurances by the Government to end this and the law enforcement agencies are allegedly killing accused persons without following due process of law. In April 2012, according to information gathered by Odhikar, 11 persons were killed extra-judicially by law enforcement agencies.

21. On April 2, 2012 Mohammad Abdul Momin Molla (24), son of Abu Syed and Rojeba Khatun, of Gazirkandi village under Nabinagar Police Station in Brahmanbaria district, was arrested by plain clothed members of RAB-4 from Purba Chorail under Keraniganj. The family of Momin alleged that RAB-4 shot and killed him after 12.00 am infront of house No. 383 behind Krishi Bank in road 12 at Mirpur section 13 in Dhaka.

Types of extrajudicial deaths Crossfire/encounter/gun fight:

22. Among the 11 persons extra judicially killed, nine were killed in ‘crossfire/ encounters/ gun fights’. Among the deceased, eight were allegedly killed by the Rapid Action Battalion (RAB) and one by the police.

Death due to torture:

23. One person was allegedly tortured to death by Bangladesh Border Guard (BGB) in April 2012.

Shot: 24. During the month of April 2012, one person was allegedly shot and killed by the police.

Identities of the deceased:

25. Of the 11 deceased persons killed extra judicially, one was a garments waste material trader, one was a fruit vendor, one was a businessman and eight were alleged criminals.

Public lynching

26. During April 2012, eight people were allegedly killed due to public lynching by mobs. 27. Due to the weak criminal justice system, the tendency of taking the law into one’s own

hands is increasing, as people are losing their confidence and faith in the police and judiciary.

6

Student leader tortured in custody at Khulna Police Station 28. On April 22, 2012 Khulna Government City College unit Chhatra Dal22 leader, SM

Mahmudul Huq Tito was tortured by being hung from his arms strung up to the ceiling of the Khulna Police Station, by the Officer-in-Charge, SM Kamruzzaman, during the first day of hartal. Photographs of the torture of Mahmudul Huq Tito were published in many national dailies, after they were taken on the cell phone of a journalist.23

29. Odhikar believes that torture during remand or interrogation is a serious violation of human rights. Despite the claim of ‘zero tolerance’ against torture, the government has not taken steps to curtail torture and other forms of custodial violence. The Government did not take any effective action to stop impunity of the law enforcement agencies; and has been encouraging such human rights violations by ignoring incidents of human rights abuses.

Criminal cases withdrawn out of ‘political consideration’

30. The Government is withdrawing cases of murder, rape, robbery, corruption, extortion and for keeping illegal arms, perpetrated by ruling party activists, by considering them to be ‘politically motivated cases’, bypassing the Judiciary or any judicial process. Those cases were withdrawn out of political consideration and placed for ‘future consideration’. Almost all the cases were filed against the ruling party leaders and activists. The second stage of work for recommendation, under ‘political harassment cases’ has also been initiated.

31. In the first stage, 6786 cases were recommended for withdrawal by the government. This time, the recommendations were placed by ‘Political Committee’ led by the former Law Minister, Abdul Motin Khashru. It was learnt from the said committee that, recently recommendations were sent to the Ministry of Home Affairs for withdrawing 297 cases, including murder, extortion and for carrying illegal arms by considering them ‘political harassment’ cases.24

32. It is to be noted that between 2001 and 2006, during the tenure of the four party alliance led by BNP, 5888 cases were withdrawn under ‘political consideration’ and several accused persons had been acquitted from 945 ‘politically motivated’ cases. A total of 73,541 accused persons had been acquitted in this process at that time.25

33. Odhikar expresses its concern over the withdrawing of significant cases filed against ruling party activists by considering them ‘politically motivated’ cases. Odhikar believes it is contrary to the rule of law, erodes confidence in the judicial process and undermines

22 Student wing of BNP 23 Report from Khalilur Rahman Shumon, human rights defender of Odhikar in Khulna, 23/04/2012. Pictures of the incident can be found in the national daily papers. 24 The daily Prothom Alo, 29/04/2012 25 The daily Prothom Alo, 11/01/2011, page no.1, reported by Rozina Islam

7

the judiciary. Moreover, such practices will further extend the culture of impunity in Bangladesh and will cause grave injustice to the victims. No one is above the law, and a fair trial is a Constitutional guarantee.

BSF’s destruction on Bangladesh territory

34. Human rights violations at the India-Bangladesh border occurred in April 2012. The BSF attacked unarmed Bangladeshi citizens by entering into Bangladesh. According to documentation gathered by Odhikar, during this period, four Bangladeshi citizens were killed, 17 Bangladeshi citizens injured and four allegedly abducted by the BSF.

35. On April 5, 2012 about 15/20 BSF members entered into Bangladesh and ransacked houses of Bangladeshi citizens in Khiarmamudpur village at Birampur border under Dinajpur district. BSF fired blank shots during attack. BSF also tried to take two Bangladeshis, Shamsul Alam and Shafiqul to India by dragging them out of their houses. Shapla Begum, wife of Shafiqul and Saleha Begum, mother of Shafiqul along with their neighbours came out with sharp weapons to prevent BSF members from taking them away. BSF returned to India empty-handed, but after beating three women and seven men.26

36. Furthermore, the BSF seems to have devised a new strategy to kill Bangladeshi citizens. They are using hand bombs (cocktail) instead of shooting. On April 16, 2012, a Bangladeshi citizen named Motiar was seriously injured in a cocktail attack by the BSF near sub-pillar 38 of main pillar 90 at South Daudpur border in Dinajpur.27

Slum eviction without alternative arrangement

37. On April 4, 2012 the Bangladesh Telecommunication Company Limited (BTCL) and Rajdhani Unnoyan Kortipokkho28 (RAJUK) evicted more than 2000 slums and shops situated at Wireless Gate in the Gulshan-Mohakhali lakeside area close to the TNT Maidan29 and the Korail slum in Dhaka city. On January 17, 2012, a report titled “Gulshan Lake is disappearing. Illegal constructions are being put up” was published in the daily Prothom Alo. A Bench of the High Court Division of the Supreme Court of Bangladesh issued a suo moto rule based on that report. At the same time, the Court ordered the Chairman of the BTCL and Chairman of the RAJUK to be present before the Court for explanation of the failure to take necessary action in order to protect the lakes. In line with this, the Court ordered the removal of illegal constructions within two

26 The daily Prothom Alo, 07/04/2012 27 The daily Manabzamin, 18/04/2012 28 Capital Development Authority 29 Maidan: field

8

months. On the basis of that order, about one thousand illegal constructions were torn down by RAJUK in five operations.30

38. Evicted slum dwellers alleged that the authority carried out this eviction operation without any prior notice. About 4000 poor people, including women and children were evicted from four slums and are living under the open sky, exposed to storms and rain. Some people made temporary tents using sacks or polythene sheets as the only cover to stay dry on the street. They said that they felt utterly helpless losing their shelter and livelihood. Moreover, the future of their school going children is also now bleak.31

39. Odhikar believes that poor people come to the Capital as victims of natural calamities and river erosions. They have to live in slums on government land. Although it is the obligation of the State to provide shelter and to rehabilitate the poor people, the State does not fulfill these rights and is violating the rights of the poor people.

40. Odhikar expresses grave concern over this incident and demands the Government should not destroy slums and adversely affect the livelihood of the slum dwellers. The Government should rehabilitate the evicted slum dwellers immediately.

Odhikar condemns the statement made by the Deputy Leader of the Parliament

41. While addressing an award ceremony organised by Bangladesh Shishu Academy on April 4, 2012, the Deputy Leader of Parliament and Presidium Member of Awami League, Syeda Sajeda Chowdhury, commented that “Bangladesh is the country of Bangalees and none other than Bangalees can live here.”32

42. Odhikar regrets the statement made by Syeda Sajeda Chowdhury. Odhikar believes that the then linguistic nationalism of Bangalees was the main strength to the political movement of Bangladesh which led to its independence in 1971. However, not only Bangalees but also people from other minority linguistic and ethnic groups participated in the liberation war of Bangladesh. Such ultra nationalistic sentiment that denies the existence of non-Bengali communities and publicly erases their roles in the liberation struggle of Bangladesh, is of serious concern.

Attacks on religious minority groups

43. On March 27, 2012, a drama titled ‘Hujur Kebla’, written by Abul Mansur Ahmed, was performed on the occasion of Independence Day at Fatehpur Secondary School under Kaliganj Upazila in Satkhira district. There were allegations that Prophet Hazrat Mohammad (Sa.) had been criticized in the drama. Based on that allegation, on 31 March, 2012, 10 houses, including five houses belonging to Hindu families, were vandalized, looted and set on fire. Later 15/16 more houses belong to the Hindu

30 The daily Prothom Alo, 05/04/2012 31 The daily New Age, 08/04/2012 32 The daily New Age, 06/04/2012

9

community had been looted. The next day (April 1, 2012), seven houses belong to Hindu families in Chakdah village, 10 kilometers from Fatehpur village, were vandalized, looted and set on fire.33

Freedom of the media

44. During the month of April 2012, according to Odhikar’s documented statistics, 16 journalists have been injured, one threatened and one has been attacked.

Violence against readymade garments workers

45. In April 2012, about 80 readymade garments workers were injured in clashes with the police at Gazipur and Narayanganj over demands for overdue wages, better wages and the re-opening of closed factories.

Violence against Women

46. A significant number of women were the victims of rape, dowry related violence, acid violence, domestic violence and sexual harassment in April 2012.

Dowry-related violence:

47. A total of 29 women were subjected to dowry related violence during April 2012. Of these women, it has been alleged that 15 women were killed because of dowry, 12 were ill-treated in various other ways for dowry demands and two women allegedly committed suicide. A two and half year old child suffered from burns when his mother was set on fire by his father for dowry money.34

48. On April 4, 2012, at around 3.30 pm a housewife Sathi Yeasmin (24) was burnt to death by her husband, Arif Hossain (28); mother-in-law, Morzina Begum; and wife of her husband’s elder brother, Iva for dowry demands at Raninagar of Ward No. 25 in the Rajshahi Metropolitan city.35

Sexual harassment and stalking:

49. According to information gathered by Odhikar, a total of 47 girls and women were victims of sexual harassment during the month of April 2012. Among them, eight were injured, three suffered attempted rape, one was abducted and 35 sexually harassed in various ways. Furthermore, one man was killed, six men and two women were injured by the stalkers when they protested against such acts.

33 The daily Prothom Alo, 07/04/2012 34 The daily Samakal, 16/04/2012 35 Report from Sardar Anisur Rahman, human rights defender of Odhikar in Rajshahi

10

Rape: 50. In April 2012, a total number of 50 females were reportedly raped. Among them, 17 were

women, 32 were female children below the age of 16 and the age of one victim could not be ascertained. Of the women, two were killed after being raped, six was a victim of gang rape. Out of the 32 child victims, two children were killed after being raped, nine were victims of gang rape and one child committed suicide.

Acid violence:

51. According to information gathered by Odhikar, in April 2012, it was reported that ten persons became victims of acid violence. Of these affected persons, four were women, three were men and three were girls.

Body found at MP hostel

52. On April 22, 2012, police recovered a decomposed body of an unknown woman from a bathroom on the second floor of the MP hostel in block 6 in Parliament House.36 The MP hostel is where Members of Parliament reside, away from home, and where they have offices, finding the body of a woman in such a secure and guarded area is cause for grave concern.

36 The daily Amar Desh, 23/04/2012

11

Statistics: January-April, 2012*

Type of Human Rights Violation January February March April Total

Extra-judicial killings

Crossfire 5 11 10 9 35 Torture to death 0 2 1 1 4

Shot to death 1 0 1 1 3 Total 6 13 12 11 42

Disappearances 0 5 3 5 13

Human rights violations by Indian BSF

Bangladeshis Killed 2 2 2 4 10 Bangladeshis

Injured 9 3 14 17

43 Bangladeshis

Abducted 3 4 12 4

23 Deaths in Jail 9 6 6 2 23

Attack on journalists

Killed 0 2 0 0 2 Injured 21 8 1 16 46

Threatened 6 3 26 1 36 Assaulted 7 3 13 0 23

Political violence

Killed 16 9 17 24 66 Injured 1884 727 1052 2528 6191

Acid violence 9 9 7 10 35 Dowry related violence 47 50 49 30 176

Rape 48 56 70 50 224 Sexual harassment /Stalking of

women 33 31 38 47

149 Section 144 of Cr.PC 13 12 8 5 38

Public Lynching 13 6 15 8 42 * Odhikar's Documentation         

 Note: Some monthly data has been updated after receiving  information in April 2012   

12

Recommendations 1. The Government must stop extrajudicial killings as per commitment in its election

manifesto and at the UN Human Rights Council during the 2009 UPR Session. The Government must bring all involved in the acts of extrajudicial killings before justice, through proper and independent investigation.

2. Torture during remand and other forms of custodial violence must be stopped. The Government should implement the 2003 directives of the High Court Division regarding this matter.37

3. The Government should rescue or recover the victims of disappearances. Odhikar urges the government to accede to the International Convention for the Protection of All Persons from Enforced Disappearances, which was adopted by the UN General Assembly on December 18, 2009.

4. The Government must take effective action to stop all forms of criminalisation in the name of politics. The law enforcement agencies need to play a proactive role to stop political violence and to take legal measures against perpetrators and carry out their duty in an accountable and unbiased manner.

5. Summary trials must be stopped during hartal and other political programmes. The use of mobile courts must be put to a stop.

6. Criminal cases withdrawn randomly out of ‘political consideration’ only add to the lack of people’s confidence in the justice delivery system. Such practice should be stopped and the culture of impunity be brought to an end. The Judiciary must be strengthened to bring back people’s confidence in it.

7. The Government should protest strongly against human rights violations on Bangladeshi citizens by the BSF; and investigate all incidents and demand from the Indian Government adequate compensation for the families of the victims and trial and punishment for the perpetrators. The Government should also ensure the safety and security of the Bangladeshi citizens residing at the border areas.

8. Interference on media must be stopped. Incidents of threats and attacks on journalists must be properly investigated and perpetrators of such acts must be brought to justice.

9. Slum evictions should be stopped without arranging alternative shelter homes and the government should rehabilitate the evicted slum dwellers.

10. The Government must respond appropriately to stop violence against women and the offenders must be brought under the purview of the law to ensure that justice is served.

37 See BLAST and Others vs. Bangladesh and Other. 55 DLR (HCD) (2003) 363 (WRIT PETITION NO. 3806 of 1998)

13

Tel: +88-02-9888587, Fax: +88-02-9886208,

Email: odhikar.bd@gmail.com, odhikar.documentation@gmail.com Website: www.odhikar.org

Notes:

1. Odhikar seeks to uphold the civil, political, economic, social and cultural rights of the people. 2. Odhikar documents and records violations of human rights and receives information from its

network of human rights defenders and monitors media reports in twelve national daily newspapers.

3. Odhikar conducts detailed fact-finding investigations into some of the most significant violations. 4. Odhikar is consistent in its human rights reporting and is committed to remain so.