JusticeMakers Bangladesh in France (JMBF): CASE STUDY:Police Brutality on Mr. Aminul Islam Shahin

Thursday, April 23, 2009

CASE STUDY:Police Brutality on Mr. Aminul Islam Shahin

Shahanur Islam Saikot*

Introduction: Mr. Aminul Ism Shahin, amerororias student of Cumpure science of Queens University of Dhaka and Organizing secretary of Bangladesh Student League (student wing of Bangladesh Awami League) of Barishal Upazila unit was brutally tortured by the policemen influencing by some of his rival due to protest the unholy love affairs of his uncle. He was taken physical and psychological treatment from BRCT and also legal assistance from BIHR to file case against the perpetrators.

Biography Information: Name of the Victim :Aminul Islam Shahin Father name of the Victim :Late Muzaffar Gazi Present Address of the victim :Ashif Cottage, New Circular Road, P/s: Kotoali,BMP,Barishal. Permanent Address of the Victim :Vill: Pingalakathi, Post & P/s: Gaur Nadi, Dist: Barishal. Age of the victim :29 years Occupation of the Victim :Student of Seven Semester, Computer Science & Engineering Discipline, University of Queens, Dhaka. Political background of the Victim :Organizing Scecretary, Bangladesh Student League, (A Student unit of Bangladesh Awami League) Gaur nadi Thana Unit, Gaur Nadi, Barishal. Religion of the victim :Islam (Sunni)

Torture History: Date of Torture :In the beginning of the day of 09 November 2007.

Day of Torture :Friday Time of Torture :From 12.15 am to 1.30 am.

Place of Torture :Own house (Permanent Resident) & in front of Howlader’s House (Beside his own house).

Methods of Torture :Slapping, Kicking with boot, Beating with rifle bat & Baton, Verbal abuse, Threat of death as cross fire.

Name& Designation of perpetrators:

Name of the conspirators :

1. Abu Bakker Gazi 2. Shah Alam Gazi 3. Kohinur Gazi 4. Osman Gazi 5. Sufia Begum 6. Nurul Islam Gazi & 7. Ms.Lima Above mentioned are village Pingalakathi, Post & P/s-Gaur Nadi & Dist-Barishal. Fact Details: On 09 November 2007, beginning of the day, around at 12.15 am, seven members of policemen of Gaor Nadi Thana led by SI Monjur Morshed were knocked the main door of victim Aminul Islam Shahin’s permanent resident, while he was lived there to care his old grandfather. Hearing the knocking sound, the made servant of them Ms. Ranu Begum arose from sleeping and asked their identity. But the policemen denied disclosing their identity, rather continuing to push the door forcefully. Again, she (Ms. Ranu Begum ) asked them to disclose their identity, otherwise asked them to come tomorrow. At once they introduced themselves as men of administration and forced her to open the door. But while she was disagreed with them, they broke the door, kicking by boot and storm in to the home. Then they were looking after Mr. Shahin. In this time, Mr. Shahin was sleeping in his room. Meanwhile, hearing the sound of pushing door as well as commotion, he arose from sleep and being afraid thinking about the attack of robber. To save himself from the attacked of robber, he trying to flee away with the back door of his room, but unfortunately he picked up by the policemen during he was reached in front of Hawlader House. Then the policemen grabbed him and tortured severely. They slapped him, kicked him by boot as well as beaten him by rifle bat and baton. In this time he fall down on the ground, then they kicked upon his chest with boot as well as poked by the sharpen part of the rifle all around his body. They also uttered filthy language as well as threatened him to killed by crossfire, entering the rifle pipe in to his mouth. In this time Mr. Shahin requested them not to torture by begging his life. Hearing the crying sound of Shahin, some of his neighbors arouse from the sleep & trying to ahead to save him. But the policemen prevent them by introducing themselves as policemen as well as they are picking up a thief. But Mr. Shahin introduced himself as the Son of Mr. Muzzaffar Gazi and requested them to save him from the policemen as well as he fall out of sense. Knowing Mr. Shahin, while his neighbors were come at a time and prohibited them to torture, the policemen were tried to flee away keeping him senseless. But the combined protest of the people, they admitted him the local health complex as an accident patient. But while his condition was being deteriorated, the health complex authority referred him to admit Barishal Shere Bangla Medical College Hospital on same day. Then he was admited Shere Bangla Medical College Hospital, Barishal and taken treatment from 09 November to 12 November 2007. Then he was admitted National Institute of Kidney Disease and Urology (NIKDU), Dhaka at cabin No.3/A on 13 November 2007 for better treatment in accordance to advise of authority of Shere Bangla Medical College Hospital, Barishal, where he was taken treatment till 24 November 2007. Then on 25 November 2007, he was admitted to Bangladesh Rehabilitation Centre for Trauma Victim’s (BRCT) clinic for integrated treatment and still he is under treatment at BRCT. Background History: Abu Bakker Gazi, who is the neighbor of the victim, was living an unsocial life from long days. There was an illegal relation between the conspirator Mr. Abu Bakker Gazi and Ms. Lima. The incident of illegal relation was disclosed to all people of the village during they was committing unsocial & illegal activity and the incident was also published on daily news paper in national and local level. More than one time, arbitration meeting was set up with the prominent people in that locality regarding to their unsocial activity. The victim gave statement as a witness at that meeting against them and he also protested against their unsocial activity in personal level. As a result they were aggrieved with him and seeking scope to treat the victim as revenge. So, they make a blue print to treat him by the police personnel of Gaurnadi Police station. Then they gave illegal money to SI Monzur Morshed as bribe and encouraged him to kill him. Information of coming BRCT: On 10 November 2007, the news regarding to police brutality on Aminul Islam Shahin was published on the daily bangla newspaper “the Daily Janakontha” as other newspaper in Bangla & English in national and local level. The torture news came to knowledge of founder of BRCT & BIHR Mr. Akram H. Chowdhury at 5.00 on same day. After getting the news founder of BIHR & BRCT contacted to Team Leader & Team In Charge of Lobbying Campaign & Advocacy Team of BRCT & BIHR Shahanur Islam through intercom at 5.15 pm and told him (Mr. Shahanur) to meet with him (Mr. Akram H. Chowdhury) at his residence. When he (Mr. Shahanur) met with him, he (Mr. Akram H. Chowdhury) showed the news and asked him (Mr. Shahanur) to take initiative in this regards as soon as possible. After getting direction from the founder of BRCT & BIHR, Mr. Shahanur called Mr. Kabisanker who is the personal aid of President of Bangladesh Awami League through his (Mr. Kabisanker) cell No. 01720530654 to get reach the victim Mr. Aminul Islam Shahain at 5.30 pm. But unfortunately, he (Mr. Kabisanker) was busy then and he (Mr. Kabisanker) would try to provide the contact address next day. On 11 November 2007 around at 9.30 am, Mr. Shahanur again called him (Mr. Kabisanker) and he (Mr. Kabisanker) gave the cell number of Mr. Balaram Podder, who is the former president of Bangladesh Student League of central committee and asked him (Mr. Shahanur) to Call Mr. Poddar to get detail information about the incident. At 9.55 am he (Mr. Shahanur) Reached him (Mr. Poddar) by his (Mr. Poddar) cell phone that No. 01712049327 and he (Mr. Poddar) informed that he (Mr. Poddar) had hear the news of his (Mr. Shahin) torture. Then, he (Mr. Poddar) gave the cell number of Mr. Mhabub Alam who is the acting President of Bangladesh Student League of Gaur Nadi Thana Unit, Barishal for reaching to the victim. At 10.25 am he (Mr. Shahanur) called him (Mr. Mhabub) though his cell No. 01712765177 and requested him (Mr. Mhabub) to provide details information of the victim. He (Mr. Shahanur also asked him (Mr. Mhabub) to conduct a fact –finding mission in this regards and he (Mr. Mhabub) agreed to conduct a fact-finding mission. He (Mr. Mhabub) also assured to admit Mr. Shahin at BRCT Clinic as soon as possible. But unfortunately, he was failed to conduct fact-finding mission as well as to admit the victim to BRCT. On 21 November 2007 at 10.30am, again Mr. Akram H. Chowdhury founder of BRCT & BIHR talked with Mr. Balaram Podder by his cell phone No. 01712049327. Then at 10.45 am he talked with Mr. Mahbub by his cell no. 01712765177. Thereafter he (Mr. Akram H. Chowdhury) gradually talked with Mr. Bachhu at 10.55 am and Mr. Arif at 11.10 am. At last at 12.35 am he (Mr. Akram H. Chowdhury) talked with Dr. G. M Shahidul Islam Shamim, who is the elder brother of the victim by his cell No. 01711358865 and he (Mr. Shamim) informed that Mr. Shahin was under treatment in National Institute of Kidney Disease and Urology (NIKDU), Dhaka at Cabin No.03. There after an team of BRCT & BIHR comprising Human Rights activist, Lawyer, Social worker led by Founder of BRCT & BIHR Akram H. Chowdhury visited the NIKDU at 9.35 pm on the same day and talked with the victim. They also talked with his brother and mother and assured them to bear all expenditure of his treatment as well as legal assistance. As result of visiting NIKDU by Akram H. Chowdhury, founder of BRCT & BIHR, on 25 November 2007 he (the victim) came to BRCT clinic and admitted there for his integrated treatment[1]. Legal Counseling provided to the victim followed by legal redress: BRCT lawyer provided legal counseling for removing the victim’s legal related psychological problems as police & police station fear. The legal counselor attentively heard his legal related problem and clearly discussed about police administration as their jurisdiction as well as powers and duty. He also discussed on case & court procedure, constitutional provision, existing law and international conventional provisions, which are safeguard for every citizen from torture. The legal counselor also assists him to self-empowering as well as to remove her all kind of legal related psychological problems. He strongly assured him to give legal assistance as appointing lawyer to file case against the perpetrators. As a result he (victim) agreed to file case against the perpetrators. Conducting Home Visit: BRCT conducted a home visit mission for giving psychosocial support to the victim. On 02 December 2007 at 7.05 pm, a team of BRCT & BIHR comprising Executive Director of BRCT Ms. Mahfuza Akram Chowdhury, Lawyer & Social worker led by Director General of BRCT Mr. Akram H. Chowdhury visited the home of the victim and talked with the victim. They also talked with his (victim) mother, elder sister and younger brother. He again assured them (victims family member) to bear all kind of expenditure due to his being treatment as well as to provide legal assistance. Conducting Fact-Finding & Issuing Urgent Appeal: An urgent action was issued to concern authority in National and international level by the Urgent Appeal team of BRCT & BIHR in accordance to direction of D.G. of BRCT on 11 November 2007. Then a fact-finding team comprising two members led by lawyer of the BRCT & BIHR conducted a fact-finding mission from 03 to 05 November 2007. Then on 08 December 2007, the fact-finding report was disclosed for all finding the incident as true and also recommended to form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of torture on Mr. Aminul Islam Shahin & publish the report at the earliest; to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights; to provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of victim and victims family; to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards; to provide human rights education and training to the Police Inspectors and policemen who run police stations as well as to remove reservation from the Art.14[2] of Convention against Torture. Thereafter, on 09 December 2007 follow up urgent appeal including the fact finding report was issued to the concerned authority as Chief Adviser of Bangladesh, Inspector General of Police, Deputy Inspector of General of Police of Barishal Renge, superintend of Police in Barishal district,Assistant superintend of Police of Gaour Nadi Cercal, Officer in Charge of Gaour Nadi Police station in national and to Asian Human Rights Commission (AHRC) in Hong Kong, Organization Against Torture (OMCT) in Switzerland, Amnesty International, London in England, Human Rights watch USA, Global Human Rights Defence (GHRD) in Netherland and Hotline Asia to take proper step as well as creating pressure to the government in this regard in international level. Case filing against the perpetrators: A petition case was filed against the perpetrators and conspirators before the Chief Judicial Magistrate Court, Barishal under the section of 448, 323, 324, 325, 326, 307, 341, 379, 143, 109, 506, 506-B & 34 of the penal code that No.52of 2007on behalf of the victim by the BIHR on 06 December 2007 and after taking statement from the victim ordered to form a judicial enquiry and also directed to senior judicial magistrate to submit enquiry report before 28 February 2007. Case in brief: Case No. : 52of 2007 Section : 1.448 (Punishment for house trespass)[3] 2.323 (Punishment for voluntarily causing hurt)[4] 3.324 (Voluntary Causing hurt by dangerous weapon or means)[5] 4.325 (Punishment for voluntarily causing grievous hurt)[6] 5.326 (Voluntary Causing grievous hurt by dangerous weapons or means)[7] 6.307 (Attempt to death)[8] 7.341 (Punishment for wrongful restrain)[9] 8.379 (Punishment for theft)[10] 9.143 (Punishment of unlawful assembly)[11] 10. 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment)[12] 11. 506 (Punishment for Criminal Intimation)[13] 12. 506-B (if threat be cause death or grievous heart)[14]& 13. 34 (Acts done by several persons in furtherance of common intention)[15]of the penal code Date of Filing : 06 December 2007 Name of the court : Chief Judicial Magistrate Court, Barishal Name of the complainant : G.M. Aminul Islam Shahin Number of Accused : 14 (fourteen)

Name & address of the Accused:

1. Monjur Morshed (Sub Inspector) 2. Nazrul Islam (Assistant Suib Inspector) 3. Md. Sumun Miah (Constable No. 1416) 4. Md. Saiful Islam (Constable No.1386) 5. Md. Mizanur Rahman(Constable No.1419) 6. Md. Nizam Uddin(Constable No.563) 7. Md. Unus Ali (Constable No.416) Above stated were on duty under Gaur Nadi Police Station PCC No. 952/07 dated 08/11/2007 at Gaor Nadi Police station. 8. Abu Bakker gazi 9. Shah Alam Gazi 10. Kohinur Gazi 11. Osman Gazi 12. Sufia Begum 13. Nurul Islam Gazi & 14. Ms.Lima Above mentioned are village Pingalakathi, Post & P/s-Gaur Nadi & Dist-Barishal. Order of the Court: The learned chief judicial magistrate Moyeen Uddin Islam pleased to issue a judicial enquiry and he also directed to senior judicial magistrate of Barishal to submit the report before 28 February 2008. December 11, 2007: The learned senior judicial magistrate Mr. Almach Hossain Mridha has fixed up the date of taking witness on behalf of the victim on 24 January.2008 and issued notice to the complainant as well as witness for present before the court on that day. January 24, 2008: The learned senior judicial magistrate Mr. Almach Hossain Mridha completed the taking witness on behalf of the victim. May 05, 2008: The learned senior judicial magistrate Mr. Almach Hossain Mridha submitted the report before the additional chief judicial magistrate Mr. Khademul Quayes and the ad.CJM fix up the date for hearing on the report coming 25 June 2008. Obstacles Faced: In the real and present situation of our country it is difficult to file and prove a case against the police. Because there has been faced many obstacles to start and prove the trial due to some provision of our existing law. The case that is continuing till now has been faced more obstacle to come this stage that we see given bellow: Legal Harassment: We see when we try to file the case before the court, always it deny to take it showing the mandatory section 132(Protection against prosecution for acts done under Chapter ix of Criminal Proceeding Code regarding unlawful assemblies)[16] & 197(Prosecution of judges and public servants)[17] (Power of government as to prosecution)[18] of the Criminal Procedure Code which stated the regarding to take pre-sanction from the gov’t to bring allegation against the government servant before the court. Lengthy and expensive court proceeding is also creating obstacle to get justice. Problem during filing case: We see the obstacle has been begun from the initial stage of filling case. When the victim tried to file allegation against the police to the concern police station, the responsible officer denied accepting it. Ignorance of the victim & Lawyer: Most of the victim and lawyer do not know that it ‘s possible to file case against perpetrators (member of law enforcing agency). Some of the lawyer heard about possibility to file case against the perpetrators but they had no practical experience. Though some of the victim trying to file case against perpetrators but they failed for the lack of assist of lawyer. Convincing stage: The police had tried to mediate the case and they started pressuring him when he did not agree and they also tried to give him bribe. Witness intimidation: There has been witness and plaintiff intimidation by both the police and influential political leaders. Taking illegal money from the perpetrators some times some of the lawyers are being influence and also perpetrators threat them and they refuse to deal in favour of victim. Beside this, it is very tough to collect evidence against policemen. Out put of legal intervention: In this kind of case the victim will be empowered and also encouraged to take legal step as well as filing case against the police and police will also afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. As a result torture will be reduced and we could make Bangladesh free from torture. Observation of BIHR filing case against Perpetrators: The victims was feel hesitation whether the possibility of filing case against the perpetrators. But after providing legal counselling and visiting his home by DG he got decision to file case. No lawyer of the Barishal bar association was known that it is possible to file case against police. They thought taking pre-sanction from the from the government is must essential for filing case against the perpetrators in accordance to section 197[19] of Cr. Pc. But after informing them about the high court ruling[20] and other precedent regarding to section 197 of Cr. Pc as well as filing case against police they agreed to file case. The learned Magistrate was positive in this regard. He red the complaint for a long time and also heard the argument of lawyer regarding to issue judiciary enquiry with a long time patiently. He gave emphasis on paper clipping regarding to news of torture on the victim. He also emphasized on a large number of senior lawyers, who were argued on demanding judiciary enquiry. The electric and Press media was silence regarding to publish the news of filing case against policemen in national level. Though we sent press release to all the beuro office of electronic and print media at Barishal division and also pursued personally and they promised to publish it at their media but no media has publish it in national level excepting the daily Karatoa and Somakal. Out put: By filing case against the police the victim will be empowered and police will feel afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. *Programme Manager-Legal & Human Rights Affair, BIHR & BRCT

[1] What Is IRA? IRA is a holistic rehabilitation package that takes a multidisciplinary approach (health, legal, economical and social support) to reintegrate the state sponsored TS at his community including reparation of the torture victims and prevention of torture. It is reintegration of the victim in his community at his/ her previous condition through providing physical, mental, legal and social intervention including reparation of the torture victims and prevention of torture. Minimum Step to be taken in IRA vDetermine the fact through FF including press coverage. vThrough physical examination and treatment. vAssessment of mental health problems and psychological intervention. vIdentification of legal problems and legal counseling and support. vFinding out the social crisis and intervention through HV, building resources , dialogue meeting, press conference, lobbying, campaign, UA and integration to the VA for compensation and reparation. vPrevention through rehabilitation by integration to the VA for compensation and reparation. [2] 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation, which may exist under national law. [3] Whoever commits hose trespass shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend one thousand take, or with both. [4] Whoever, except in the case provided by section 334 (Voluntary Causes hurt on provocation) Whoever voluntary causes hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to five hundred Taka, or with both, Voluntary causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand Taka or with both. [5] Whoever, except in the case provided for by section 334 (Voluntary causing hurt on provocation) voluntary causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison of any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may be extend to three years, or with fine, or with both [6] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) Whoever voluntary causes grievous hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause grievous hurt to any person other that the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or fine which may extend to two thousand Taka, or with both, voluntary causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. . [7] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) voluntary causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may be extend to ten years, and shall also be liable to fine. [8] Whoever does any act with such intention or knowledge, under such circumstance that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein before mentioned. [9] Whoever wrongful restrains any person, shall be punished with simple imprisonment for a term, which may extend to one month, or with fine, which may extend to five hundred taka or with both. [10] Whoever commits theft shall be punished with imprisonment of either description for a term, which may extend to three years, or with fine, or with both. [11] Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term, which may extend to six months, or with fine, or with both. [12] Whoever abets any offence shall, if the act abetted is committed in consequence of abetment, and no express provision is made by this penal code for the punishment of such abetment, be punished with the punishment provided for the offence [13] Whoever, commits the offence of criminal intimidation shall be punish with imprisonment of either description for e term which may extended to two years, or with fine, or with both. [14] If threat be cause death or grievous heart, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for a term which may extend to seven years, or to impute unchastely to a woman shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. [15] When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as it were done by him alone. [16] No prosecution against any person any act purporting to be done under regarding the unlawful assemblies of Criminal procedure code shall be instituted in any criminal court, except with the pre sanction of the government: and- (a) no Magistrate or police –officer acting under this chapter in good faith , (b) no officer acting under section 131 in good faith, (c) no person doing any act in good faith ,in compliance with a requisition under section 128 or 130 and (d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he bound to obey, shall be deemed to have thereby committed an offence: Provided that no such prosecution shall be instituted in any criminal Court against any officer or soldier in Bangladesh Army/except with the sanction of the Government. [17] When any person who is judge within the meaning of section 19 of the penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty, no court shall take cognizance of such offence except with the previous sanction of the government [18] The Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such judge, magistrate or public servant is to be conducted, and may specify the court before the which the trial is to held. [19] See-Foote note 17 & 18 [20] Regarding to section 197 of the criminal procedure code, at the case of Rokea Begum Vs Shafikur Rahman, reported on 2 B.C.R page no. 04, the High Court Division of Supreme Court has issued the following rule: “No sanction under section 197 of Criminal Procedure Code is necessary for taking cognizance of the offence alleged in the case, even if the police officer and police constable involved committed the offence while setting or purporting to act in the discharge of official duty. Protection of section 197 of Cr. P.C is available to accused police officials as is available to other public servants”. (Ref: 3 D.L.R I PO, 2 BCR 369).