URGENT APPEAL:Concern about Arbitrary Detention,Review Lawfulness of Detention of Mr. Hasan Khan

24 February 2009 

 Sheikh Hasina Prime Minister 

Office of the Prime Minister 

Government of the People's Republic of Bangladesh 

Tejgaon, Dhaka 

BANGLADESH 

 Dear Prime Minister, 

  Concern about Arbitrary Detention, Review Lawfulness of Detention of Mr. Hasan Khan 

 The Asian Center for the Progress of Peoples (ACPP), a regional human rights organization based in Hong Kong, writes to express our concern over the personal security of Mr. Hasan Khan who was arrested o n 25 May 2008. We are concerned that the case of Mr. Khan may constitute arbitrary detention which is a breach of article 9 of the International Covenant on the Civil and Political Rights (ICCPR). ACPP is informed from local human rights organization Bangladesh Institute of Human Rights (BIHR) that Mr. Hasan Khan, 32 years old, was abducted by 6 Rapid Action Battalion (RAB) officers on the way home from Gazipur Court around 12:15pm, 25 May 2008. His wife, Ms. Hasi Begum, stated that the RAB officers who arrested Mr. Khan were Sajjad, Rahmat and Mainul, as shown from their badges. At that time Ms. Begum asked for the reason of the arrest of her husband but there was no response. Since then, the victim’s family does not know his whereabouts. On 31 May 2008, during a RAB investigation in Uttoar Dattapara area, Tongi, some local people were informed that Mr. Khan was arrested by the R AB. Ms. Begum has sought information from the Tongi Police Station but was declined. She also filed an application to the Inspector General of Police on 29 May 2008, there was no response either. Since the arrest, the victim’s family has not been informed of any charges against Mr. Khan and there has not been any trial on his case. These cause great psychological pressure to the victim’s family. We understand that Mr. Khan has been compelled to join a terrorist group and has been involved in some criminal cases earlier, this current arrest may b e linked to this back ground.Nevertheless, your government has obligation to comply with criminal justice and judicial justice process in any case investigation according to the international human rights standards. Article 9 provides that everyone has the right to liberty and security of person. The arrested person shall be informed, at the time of arrest, of the reasons for his arrest, promptly infor med of any charges against him, and promptly brought before a judge in case of criminal charges. Otherwise, detainee has right to challenge lawfulness of his/her detention and should be released if the detention unlawful. Based on th e information that we received, your government did not follow these provisions in the case of the arrest of Mr. Hasan Khan.Hence, it may constitute arbitrar y detention and should be rectified. In line of article 9 of the ICCPR, ACPP urges your government to:

• inform Mr. Khan’s family his whereabouts; • review the lawfulness of the arrest of Mr. Khan; and • release and compensate Mr. Khan if the detention is unlawful. Thank you for your attention and we look forward to your favourable response to this issue. 

 Yours faithfully,

Irene Koo Human Rights Section 

 Cc.: Mr. Shafik Mhmed, Minister, Ministry of Law, Justice &

Parliamentar y Affairs Gen. Moeen U Ahmed, Chief of Army Staff, Ban gladesh Army Mr. Nur Mohammad, Inspector General of Po lice, Bangladesh Police Mr. Hassan Mahmud Khandokar, Director General, Rapid ActionBattalion Consul General, Consulate General of the Peo ple's Republic of

Bangladesh