URGENT APPEAL (UPDATE): Bangladesh : Ensure the security of human rights defender; investigate cases and bring the culprits before justice

The Hague, 18 May 2009

  URGENT APPEAL (UPDATE): Bangladesh : Ensure the security of human rights defender; investigate cases and bring the culprits before justice [UA-BA-2009.18.05] 

 ISSUE: Human Rights Defender; Threats and Intimidation 

  Dear Friends, GHRD (Global Human Rights Defence) has received updated information from the Bangladesh Institute of Human Rights (BIHR) with regards to Shahanur Islam, a human rights defender who has been continuously intimidated and threatened. According to the information received, still no action has been taken by the police authorities. GHRD encourages you to read the past appeal at http://www.ghrd.org/Pagina.asp?ID=3420 GHRD urges your intervention by asking concerned authorities to ensure the protection of his life as well as conducting an impartial and credible investigation to bring the culprit before justice. 

CASE INFORMATION: Mr. Shahanur Islam is a well known and very active human rights defender in Bangladesh,as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District. He was threatened and intimidated by the Filed Officer of (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI), while he was waiting to speak with the media after filing a petition on the case regarding an attempt to charge for murder by torture with the Chief Metropolitan Magistrate Court (CMM), Dhaka against three men including a high ranked official, a major in the army. According to the information received, there was no action taken by the police authorities. BIOGRAPHY: Name of the Victim : Mr. Shahanur Islam, Secretary General and Executive Director of the Bangladesh Centre for Human Rights and Development (BCHRD), Coordinator of Centre for Human Rights Fact Finding & Research (CHFR), Programme Manager of Legal and Human Rights Affairs at the Bangladesh Institute of Human Rights (BIHR) and Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District. During the time of his duties, he moved many cases against the perpetrators as a lawyer and some of them have been punished. He also conducted many investigations and fact-finding missions on human rights violations as well as issued local and international urgent appeals requesting attention to concerned authorities. Name of the alleged Perpetrators: Mr. Owali Ullah, Field Officer (Sub Inspector Level Official), Directorate General Forces of Intelligence (DGFI). Date of Incident : April 13 & 14, 2009 Place of Intimidation : In front of Court Reporters Unity Office, Judge Court, Dhaka & By cell Phone. FACT DETAILS: On April 13, 2009 Mr. Shahanur Islam was intimidated by a filed officer (a sub inspector level official) of Directorate General Forces of Intelligence (DGFI), named Owali Ullah, while he was waiting for speaking with Media men after filing a petition case on charging attempt to murder by torturing with the Chief Metropolitan Magistrate Court (CMM) Dhaka against three men including a Major of Army named Sarwar of 17, East Bengle Regiment, Dhaka by the prominent manpower businessman Md. Samsuddin Ahmed with the help of Bangladesh Institute of Human Rights (BIHR) and the case was moved before the court by Adv. Shahanur Islam, Programme Manager-Legal & Human Rights of BIHR After filing the case when Mr. Shahanur Islam came out from the CMM court, an officer of law enforcing agencies in civil clothes followed him to the office room of Court Reporters Unity, Judge Court, Dhaka. Here he asked him about the case that was filed against the army major. When Mr. Islam asked him to disclose his identity, he introduced himself as Mr. Owalur Rahman, a Field Officer (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI). The DGFI officer interrogated him regarding the case. During interrogation, he asked Mr. Islam “why did he move the case on behalf of the complainant? How he was connected with the case? What is the relation between the complainant and Mr. Islam? What is the interest of Mr. Islam in this case? How was he being confirmed about the identity of the alleged army officer? Whether Mr.Islam has legal authority to file the case against the army officer? How long he was connected with the organization? Who is the chief of the organization etc? Mr. Islam replied every query cordially and with simple language. But the DGFI personnel alarmed him that he would intervene in the matter, if he found the incident to be false; he would take steps against both the complainant and Mr. Islam. He also collected a copy of the complaint and intimidated Mr. Islam not to give any statement to the media or others regarding the case against the Army Major. The news of the case being filed against three men including an Army Major by the businessman in Dhaka was covered by most of the electronic and print media in Bangladesh including BBC world, Channel-I, Digonto TV, the Daily Star, New Nation, New Age, Independent, Jugantor, Jono Kontho, and Korotoa with the statement of Mr. Islam on April 13 and 14 of 2009. Please visit the following links for the news relating to this case: http://www.thedailystar.net/newDesign/news-details.php?nid=84105, http://www.karatoa.net/detailsnews.php?headlineID=6997&pageTitle=HeadlineDetails&editionID=287&ref=index.php, http://www.amadershomoy.com/content/2009/04/14/news0352.htm, http://www.theindependent-bd.com/details.php?nid=122265, http://www.bdnews24.com/details.php?id=81372&cid=2&aoth=1 On April 14, 2009, Mr Islam received a call from a person who introduced himself as Mr. Owali Ullah, Field officer of DGFI. He claimed that he had met with Mr. Islam the day before. Then he shouted and started questioning why he did not followed his advice regarding the statement being given to the media? He again told with anger that he did not reach Major Sarwar at 17, East Bengle Regiment and ordered Mr. Islam to find the alleged Major Sarwar, otherwise he would ‘face more suffering’. He also used rough language at that time. BACKGROUND: Mr. Islam has had his life threatened on previous occasions. On August 29th, 2008 at 10.17 p.m. he was working at his desk at the Bangladesh Institute of Human Rights office, when an unidentified person called him. The caller demanded to know Mr. Islam’s identity and location. For personal security reasons Mr.Islam declined answering the caller’s inquiries and instead demanded the same information from the caller. This angered the caller who replied by stating that he could not disclose his identity at the moment. He did, however, state that he is a higher authority of law enforcing agencies. The caller further said that he would disclose his identity and punish Mr. Islam at the earliest possible time. Following these statements, the caller continued on by stating that he knows who Mr. Islam is but does not know his residential address. He further threatened Mr. Islam by claiming that he would come to his home and subject him to punishment. The caller ended the conversation by stating that Mr. Islam would be facing more suffering soon. Following the incident Mr. Islam filed General Diary at the Paltan Police Station in DMP (No-2014). On February 28th, 2009 at 11.28 a.m., while Mr. Shahanur Islam Saikot was working at his desk at the Bangladesh Institute of Human Rights, (BIHR) he received a phone call. Mr. Islam asked the caller to identify himself. The caller did so only as Pintu and starting to verbally abuse him. In response Mr. Islam inquired as to the reason of the call and the purpose of the vulgar language. Pintu replied by threatening to murder Mr. Islam by way of a gun shot to the head. Mr. Islam received a second phone call at 11.32 a.m. Once again the caller identified himself at Pintu and begun to verbally abuse him. This time, the caller stated that not only does he intend to murder him, but that he intends to do so that same day. The phone conversation ended with Pintu advising Mr. Islam to mentally prepare for his impending death. The phone call deeply disturbed and frightened Mr. Islam who in response immediately filed a General Diary at the Peltan Police Station of DMP (No-2281). In it he made a statement about the two threats he received over the phone. On March 01st, 2009 at 9.52 a.m., Pintu called Mr. Islam again and restated his threat to murder, this time claiming he would do so immediately. On March 18, 2009, he received a call from a person who only introduced himself as Billu and then started to verbally abuse him. In response Mr. Islam inquired as to the reason of the call and the purpose of the vulgar language. Billu replied by threatening to kill Mr. Islam. On March 19, 2009 Mr. Islam again received call from the same phone number. Once again the caller identified himself as Billu and begun to verbally abuse him and threatened to kill him immediately. He also warned him to ‘prepare to die’. The phone call deeply disturbed and frightened Mr. Islam who in response immediately filed a General Diary at the Peltan Police Station of DMP (Paltan Police Station G. D. No-1409; Dated: 19.03.2009). In it he made a statement about the two threats he received over the phone. ADDITIONAL COMMENTS: This is not any isolated instance of such threats on journalists or human rights defenders in Bangladesh. It is a very common phenomenon for the professionals like journalists and human rights defenders of Bangladesh facing death threats from the law-enforcing agencies and security forces. It is well-known that Bangladesh has cultivated one of the best cultures of impunity to alleged perpetrators of human rights abuses despite the nation’s presence in the UN Human Rights Council since May 2006. Instead of improving the country’s human rights records the government of Bangladesh has paved the ways to degrade the rights of the citizens through various means of violations. SUGGESTED ACTION: In particular, we urge the authorities to: 1. Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Shahanur Islam; 2. Order a prompt, effective, thorough, independent and impartial investigation into the above-mentioned death threats, the result of which must be made public, in order to identify all those responsible, bring them before a competent, independent and impartial tribunal and apply to them the penal sanctions provided by the law. 3. Express a serious commitment to bring an end to all acts of harassment against human rights defenders in Bangladesh. Consider the rights and provisions as proclaimed in inter alia the Declaration on Human Rights Defenders that was adopted by the UN General Assembly on December 9, 1998. Please write letters to the relevant authorities to take immediate measures to ensure personal security of the victims as well as other human rights activists. Particularly,in order to deter further harassment to Mr. Islam, the police should probe the incident of intimidation mentioned above and conduct effective investigation over the case. The perpetrator(s) must be punished in accordance to the law. In addition, the police should offer protection to the victim to ensure his personal security before the case is resolved. SAMPLE LETTER: Sub: Urge to Immediate Ensure the Security of Human Rights Defenders; Investigate Cases of Intimidations and Bring the Culprits before the Justice. Dear................ I am deeply concerned about the threats received by Mr. Shahanur Islam, Secretary General and Executive Director of the Bangladesh Centre for Human Rights and Development (BCHRD), Coordinator of Centre for Human Rights Fact Finding & Research (CHFR), Programme Manager of Legal and Human Rights Affairs at the Bangladesh Institute of Human Rights (BIHR) and Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District. According to the information received, on April 13, 2009 around at 12.30 pm Mr. Shahanur Islam was intimidated by a filed officer of (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI), named Owali Ullah, while he was waiting to speak with media men after filing a case as a lawyer & Human Rights Defender with the Chief Metropolitan Magistrate Court (CMM) Dhaka against three men including a Major of Army on charging attempt to murder by torturing on April 13, 2009. The DGFI officer intimidated him not to speak with media men or others regarding this case. He also intimidated him stating that he was going to intervene the case, if he found the case as false; he would take step both of the complainant and Mr. Islam. On April 14, 2009, Mr. Islam again received threat from the same DGFI officer by Cell Phone due to why he was spoken with the media. The DGFI officer also ordered Mr. Islam to find out Major Sarwar, otherwise he will suffer more in future. Previously, Mr. Islam received death threats in several times due to his activity of promote and protect human rights in Bangladesh especially to erase torture perpetrated by the law enforcing agencies. On March 18, 2009, at 11.15 am, Mr. Shahanur Islam received a phone call while he was working at BIHR. The call came from a person who identified himself as “Billu” and who started to verbally abuse him. When Mr. Islam asked about the reason for such a call and rude language, “Billu” threatened to murder him. On March 19, 2009, Mr. Islam received a call from the same phone number and the caller, who once again identified himself as “Billu”, threatened him again and told him to “get mentally prepared for his death”. On the same day, Mr. Islam filed a complaint at the Peltan police station to report on the threats he had received. On February 28, 2009, at 11.30 am, Mr. Shahanur Islam had already received a phone call at BIHR. The call came from a person who identified himself as “Pintu” and who started to verbally abuse him. “Pintu” also threatened to murder Mr. Islam with a gunshot in the head. At 11.32 am, Mr. Islam received a second phone call from the same caller. On this occasion, “Pintu” once more threatened to kill him and told him to get mentally prepared for his death. Subsequently on February 28, 2009, in light of the aforementioned incidents, Mr. Islam filed a complaint at the Paltan police station, reporting on the threats he had received and calling for the immediate arrest of the alleged perpetrator. After filing this complaint, the officer in charge sent policemen at his office to ensure his protection.According to the information received, the police could not trace out the caller. On March 1, 2009, at 9.52 am, “Pintu” called again and threatened to murder Mr. Islam, saying he would come immediately to kill him. Mr. Islam also received death threats in 2008. For instance, on August 29, 2008, an unidentified person called him while he was working at BIHR, and asked for his identity and location. Since Mr. Islam did not reveal such information, the caller replied stating that he was a “higher authority of law enforcing agencies” and that he would come to his home and subject him to punishment. The caller ended the conversation stating that Mr. Islam would be facing more suffering soon. After the threats received by Mr. Islam in 2008 and 2009 and the complaints he lodged, the authorities launched several investigations to enquire about the nature of such incidents. However, as of issuing this urgent appeal, no progress had been made and the perpetrators had not been identified and brought to justice. Thank you for your attention and we look forward to your favorable response to this issue. Yours faithfully, ----------------------- ADDRESSES: Ms. Sheikh Hasina, Prime Minister, Government of the People's Republic of Bangladesh, Office of the Prime Minister, Tejgaon, Dhaka, Bangladesh, Fax: +880 2 811 3244 / 3243 / 1015 / 1490, E-mail: pm@pmo.gov.bd or psecy@pmo.gov.bd Mr. Mohammad Ruhul Amin, Chief Justice, Supreme Court of Bangladesh, Supreme Court Building, Ramna, Dhaka-1000, Bangladesh, Fax: +880 2 956 5058 Barrister Shafik Ahmed, Minister, Ministry of Law, Justice & Parliamentary Affairs, Bangladesh Secretariat, Dhaka-100, Bangladesh, Fax: +880 2 7168557 (O) Ms. Shahara Khatun, Minister, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka-1000, Bangladesh, Fax: +88-02-7160405, 88-02-7164788 (O) Mr. Mahbube Alam, Attorney General of Bangladesh, Office of the Attorney General, Supreme Court Building, Ramna, Dhaka-1000, Bangladesh, Fax: +880 2 956 1568 General Moeen U Ahmed, Chief of Army Staff, Bangladesh Army, Army Headquarters,Dhaka Cantonment, Dhaka, Bangladesh, Fax: +880 2 875 4455, E-mail: itdte@army.mil.bd Mr. Nur Mohammad, Inspector General of Police (IGP), Bangladesh Police, Police Headquarters', Fulbaria, Dhaka-1000, Bangladesh Fax: +880 2 956 3362 / 956 3363, E-mail: ig@police.gov.bd Mr. Hassan Mahmud Khandokar, Director General (DG), Rapid Action Battalion (RAB), RAB Headquarter, Uttara, Dhaka, Bangladesh, Fax: +880 2 896 2884 (O), E-mail: dg_rab@rab.gov.bd Please also write to the diplomatic representations of Bangladesh in your respective countries. Thank You. Urgent Appeal Programme Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, Dhaka-1000, Bangladesh Email: saikotbihr@gmail.com; bihr@bangla.net www.bangladeshinstituteofhumanrights.blogspot.com ------------------------------------------------------------- *GHRD is an International, non-governmental organisation which strives for the protection of basic human rights throughout the world, as well as encouraging international awareness towards disregarded human rights violations. Global Human Rights Defence Laan van Meerdervoort 70 2517 AN The Hague The Netherlands Phone: +31 70 345 69 75 Phone: +31 70 345 34 11 Fax: +31 70 392 65 75 Postal Address: P.O Box 193 2501 CD The Hague url: www.ghrd.org e-mail : urgentappeal@ghrd.org