FACT FINDING REPORT: An Immediate Released Prisoner Has Not Been Known for Nine Months Following the Detain by the Rapid Action Battalion (RAB)-1

An Immediate Released Prisoner Has Not Been Known for Nine Months Following the Detain by the Rapid Action Battalion (RAB)-1 in Dhaka. 

Bangladesh Institute of Human Rights has been received a fact-finding report conducted by a high level fact-finding team of BIHR regarding to Mr. Hasan Khan, an immediate released prisoner has not been known for nine months following the detain by the Rapid Action Battalion (RAB)-1, in Dhaka. His relatives have appealed to top officials, including the head of the government, since his disappearance and also filed a Writ Petition to the High Court Division of Supreme Court of Bangladesh and the Court issued the rule to the concern authority of the Government as well as directed to response the rule within three weeks but no appropriate action has been taken, even no investigation has been conducted. 

  Biographic Information:

Name of the Victim : Md. Hasan Khan (32)

Civil status of the Victim : Married (father of two daughter) Address of the Victim :Ershad Nagar Datta Para, Tagbari, Post: Chotobazar, P/s_Tungi, Dist: Gazipur,

Bangladesh

Date of arrest : May 25, 2008, around at 12.15 pm

Place of arrest : Counter of Dhaka Paribahan, Tungi College

Road, (Near Tongi College Get), Gazipur,

Dhaka.

Name of the alleged person : i. Sajjad ii.Rahmat iii.Mainul and iv.other three RAB Personnels RAB-1, Jasim Uddin Road, Uttora, Dhaka 

  Fact Details:

On May 25, 2008 Mr. Hasan Khan went to Gazipur Court to appear in Session Case No 292 of 2005. His wife Hasi Begum was along with him at that time. On their way back to home at Tongi College Road Bus Stand, a RAB team comprising six members stopped the Bus {Dhaka Paribahan No Dhaka Metro- BA- 14 – 2398) near Tongi coolege get and dragged Mr. Hasan out of the bus and picked him up on a microbus (Micro Bus No. BA-14-2398). Hasan wife asked the RAB member about the allegation against him but did not receive any replay from them. Hasi Begum identified three RAB members named Sajjad, Rahmat and Mainul from their badge. Taking Mr. Hasan Khan, the RAB member started for RAB -1 office Uttora, Dhaka by the said microbus. The wife of the victim also followed the microbus by a CNG auto rikshaw but she was not allowed to enter the RAB office. She asked the RAB personnel (Getman) about her husband and was replied that she had no opportunity to meet with her husband and she was advice to inquire with the local Tongi Police Station. Then victim’s wife went to the Tongi Police Station but the local police station could not provide any information about the arrest of her husband. The officer in charge of Tongi Police Station told that the same is the matter of RAB and they have no scope to provide any information about the arrest of Hasan untill he is not handed over to the police. Then she requested them to enter a Gneral Diry about Hasan’s arrest by RAB which was refused by the Tongi Police Station. After arrest, Hasan Khan was not produced before any court. Even his family members have not been informed about his whereabouts and or location although his wife has been trying to get it since his arrest. After seven days of his arrest on May 31, 2008 four RAB members went to Uttoar Dattapara area of Tongi to get information regarding character and back ground of the said Hasan Khan and also informed same of the local people that Mr. Hasan Khan was arrested by them. Getting no way left on May 29, 2008, Hasi Begum, wife of the victim sent an application to the Inspector General of Police stating the details incident praying to know about the condition of her husband. But the Inspector General of Police did not give any replay to the letter till today and she is still dark about the whereabouts of her husband. Then on June 22, 2008 she arranged a press conference at Reporters Unity Dhaka stating the details incident praying to concerned authority as well as the human right organization to know about the condition of her husband. The news of the said press conference was published various newspaper on June 23, 2008. Finally, Hasi Begum, wife of the victim with the help of a local human rights organization filed a Writ Petition before the High Court of Supreme Court of Bangladesh on Ocober 26 2008 praying to issue a rule nisi calling upon the concerned authority to show case as to why Mr. Hasan Khan being arrested by the RAB on May 25, 2008 shall not be produced before the Hon’ble court so that everyone satisfy that he is not being held in custody without lawful authority and in unlawful manner as well as to take other fit and proper step as deem by the Hon’ble Court. The bench of High Court of two members comprising Hon’ble Justice Mr. Sayed Mahammad Hossain and Justice Mr. Kamrul Islam Siddique heard the petition and issued a rule upon the government of Bangladesh represented by the Secretary, Ministry of home affairs, Inspector General of Police, Director Genaral of Rapid Action Battalion (RAB), Commanding Officer of RAB-1 and Officer in Charge of Tongi Police station, Gazipur and also directed to return the rule within three weeks on same day. But yet the respondent did not response about the rule. . 

Background Information: Mr. Hasan Khan Left for Soudi Arabia with a job about 14/15 years ago and stayed there for long time and then about 8/9 years ago come back to Bangladesh in the year 2000. After coming back he bought a micro bus and started transport business in his area and at this time, a local terrorist groups demanded toll money from Mr. Hasan, other wise they will destroy the microbus. The said terrorist group also asked him to join them, otherwise he would be killed and later he was compelled to join the terrorist group. As a result, he was involved in some criminal cases and some enmities crop pled up against him in his area. He was arrested by police and was in custody for about seven years. Then on May 05, 2008 he was released from the jail. His wife tried her best to bring back him from this life and from his notorious friends and after coming out of jail the victim also gave the understanding that he will maintain a good and peaceful life in future leaving his so called friends. 

  BIHR Finding:

Bangladesh Institute of Human Rights found that this incident is a clear violation of Article 32 of the Constitution of Bangladesh and Article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which the government of Bangladesh is a party. Mr. Hasan Khan was detained from May 25, 2008 to till date with out any valid order and was not even produced in the court as required by law which is illegal and without law full authority. The manner of arrest of Mr. Hasan khan and not producing him before the court and not informing his family about his whereabouts being unlawful, the government committed illegality having failed to take appropriate and necessary action required by law. The inaction of the concerned authority to take appropriate steps to inform the victim’s wife on the condition of Mr. Hasan Khan amounts to non-compliance with their statutory duties and therefore without lawful authority. Mr. Hasan Khan is being deprived of his legal and constitutional rights to which he is entitled while he is under the custody of RAB or any body else subsequent thereto and as it is illegal and without lawful authority. The non cooperation of the authority to provide information to the victim’s wife regarding to the condition of him being mala fide and amounting to colorable exercise of power and yet the authorities are not taking any steps to ensure information about actual condition of him. The dislocation of Mr. Hasan Khan under the custody of law enforcing agencies is totally unwanted and without lawful authority. 

  Suggested Action:

Please write letters asking the relevant authorities to investigate into this alleged incident and insist that it is ensured to be a credible investigation, as well as punishment of the alleged perpetrators of this disappearance in accordance with the law. 

 Shahanur Islam Saikot LL.B(Hon's); LL.B (Law & Justice) Advocate 

  Fact Finding Desk Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, Dhaka-1000, Bangladesh Cell: +88 017 20308080, Phone: +88 02 9349851 Email:saikotbihr@gmail.com; bihr@bangla.net