URGENT APPEAL: Communication with United Nation by GHRD Regarding to Intimidation of Mr. Shahanur

Case number: 008-GHRD-HRCFBD-009-14-islam

Country: Bangladesh

Last name: Islam

First name: Shahanur

Type of Violation: Violation to personal integrity.

Act(s): Threats, death threats to human rights defender.

Submitted to: United Nations Special Procedures Division – Human Rights Defenders

Date of Submission to the UNSP: 1st version, 02.06.2009

Updated version: 25.06.2009

GHRD Contact: Jenny Lundström

1. Identity of the victim:

Name: Shahanur Islam Saikot

Position: Secretary General and Executive Director of the Bangladesh Centre for Human Rights and Development, Coordinator of Centre for Human Rights Fact Finding & Research, Programme Officer of Legal and Human Rights Affairs at the Bangladesh Institute of Human Rights and Bangladesh Rehabilitation Centre for Trauma Victims, as well as a member of the Bangladesh Bar Council and Bar Association in Dhaka District.

Citizenship: Bangladeshi

Work address: Bangladesh Institute of Human Rights,

27 Bijoy Nagar

Dhaka-1000

Bangladesh

2. Date and place of event(s): (The most recent on the top.)

16 June, 2009 at 12.00am and 12.08 am, phone call residence, Dhaka

15 June, 2009 at 11.57 and 11.58 p.m phone call residence, Dhaka

25 May, 2009, around 11am outside CJM Court, Shariyatpur

13 April, 2009, outside CMM Court, Dhaka

14 April, 2009, Phone call (mobile)

18 March, 2009 11.15am, phone call to BIHR desk, Dhaka

19 March, 2009, phone call

01 March, 2009 at 9.52am, phone call

28 February, 2009 at 11.28am, phone call to BIHR desk, Dhaka

29 August 2008 10.17pm, phone call to BIHR desk, Dhaka

3. Alleged perpetrator(s):

Mr Babu, Kumar Para, Rajashani

Mr. Anis, Member of the Rapid Action Battalion in Madaripur, and other unidentified group of around 7 members of the Rapid Action Battalion.

Officials of Directorate General Forces of Intelligence (DGFI), Owali Ullah/ Owalur Rahman.

4. Case Documents:

Document: Date:

Original report from BIHR 2009-06-22

Urgent appeal ACPP 2009-06-23

Relevant links/news:

http://www.prothom-alo.com/mcat.news.details.php?nid=MTU3MzY0&mid=NQ==, http://jugantor.com/enews/issue/2009/05/26/news0339.php, http://www.jaijaidin.com/details.php?nid=132603 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 http://www.omct.org/index.php/pdf/ESCR/pdf/OMCT_Europe/2008/public_html/demo/index.php?id=&lang=eng&actualPageNumber=1&articleSet=Appeal&articleId=8446&PHPSESSID=2d76c0b15684004c53f09f4aae0ada39

http://www.ghrd.org/Pagina.asp?ID=3420

5. Case Summary

In his daily work Shahanur Islam conducts fact finding missions and investigations on human rights violations perpetrated by the armed forces in Bangladesh, as well as informs authorities and issues international appeals. As a result of his investigations, he continuously receives intimidation, including threats to his life. The threats have escalated over the last few months in particular in relation to an investigation and filing of charges of torture and murder against 16 accused, including 7 member of the Rapid Action Battalion (RAP)-08 in Madaripur zone. Shahanur Islam fears the enforcing agencies and the risk that he may become implicated in a false case, or even arrest and torture. The concerned police stations are trying to discourage him to file charges.

The latest incident of intimidation occurred on 15-16 June, 2009. Mr. Islam received a phone call from number 01713702555 and 01715122888 thrice within an hour, at 11:57pm and 11:58pm on 15 June; and at 12:00am on 16 June respectively. The caller claimed himself Mr. Babu from Kumar Para in Rajshahi district. The caller used foul language which carried the message of sexual harassment towards Mr. Islam’s female members of his family. In addition, the caller intimidated Mr. Islam that he could attack him at any time by saying, “be cautious to do your activity and do not try to involve every sector of society, otherwise you will suffer more and more.” And, “I have total record of your daily activities as where are you go? What do you do, etc? So, it is so easy for me to locate and reach you any time any moment as my desire”.

6. Background

Shahanur Islam has received several threats on different occasions recently. In particular in relation to two major murder and torture cases filed against members of RAB, including a Major of Army

.

May, 2009 – Threats by RAB members.

On the evening of the 24th of May 2009, Shahanur Islam went to Shariyatpur district to file a case against 16 persons accused, including 7 members of Rapid Action Battalion (RAB)-08 of Madaripur Zone, on charge of murder by torturing during the state of emergency under section 302, 109, 34 and 506 of Penal Code with the Chief Judicial Magistrate Court in Shariyapur district when some of the law-enforcing agencies men wearing civil dress were following him continuously.

On the 25th of May of 2009, at around at 11.00 a.m, when Mr. Islam was to submit the complaint to the Court, one of the accused, the Rapid Action Battalion member Mr. Anis clothed in civil dress, came before the Chief Judicial Magistrate Court and tried to pursue Mr. Islam to withdraw the complaint through intimidation and pressure. The Chief Judicial Magistrate of Shariyatpur took the case as acknowledged and ordered the Officer in Charge of Palang Police station to file the allegation as First Information Report, being the first civil case brought against the Rapid Action Battalion.

At 1.30 p.m. of the same day when Mr. Islam came out from the court building, Mr. Anis again intimidated him. He repeatedly threatened Mr. Islam to withdraw the case unless he paid more for it, while stating that no-one can save him from facing an upcoming suffering if Mr. Islam tried to go ahead in regard to the case.

At around 6.00 p.m. of the same day, Mr. Anis along with other 7 or 8 RAB members from RAB-8, Matheripur, wearing civil clothing, asked some of the local people about the whereabouts of Mr. Islam. They also went to the Reporters Unit Office of Shariyatpur District and looked for him while asking some of the journalists questions about Mr. Islam.

On May 26th of 2009, at around 11 a.m. the RAB team led by Mr. Anis entered the Court grounds and Reporters Unity Office looking for Mr. Islam and also asked the local people and journalists to inform about him.

Mr. Shahanur Islam fears that at any time the RAB men can arrest him and torture him.

Continuous threats increase these fears, and concerns of impunity of his case and those that he represents arise.

April 2009 – Threats by DGFI officers.

On April 13, 2009 Shahanur Islam was intimidated by a field officer (a sub inspector level official) of Directorate General Forces of Intelligence (DGFI), named Owali Ullah, while he was waiting to speak with Media 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.

After filing the case, an officer of law enforcing agencies in civil clothes followed him to the office room of Court Reporters Unity, Judge Court, Dhaka. He asked him about the case that was filed against the army major, and introduced himself as Mr. Owalur Rahman, a Field Officer (Sub Inspector Level Official) of Directorate General Forces of Intelligence (DGFI).

During the interrogation, he asked “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?

The DGFI personnel warned 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 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 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.

On April 14, 2009, Mr Islam received a call from no 01814653119 from someone 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 also ordered Mr. Islam to find the alleged Major Sarwar, otherwise he would ‘face more suffering’. He also used rough language at that time.

February - March, 2009 Threats by ‘Pintu’ and ‘Billu’

On February 28th, and March 01, 2009 at 11.28 a.m., 11.32 a.m and 9.52am respectively, while Shahanur Islam Saikot was working at his desk at the Bangladesh Institute of Human Rights, (BIHR) he received a phone call from a ‘Pintu’ who verbally abused him and threatened to kill him with a gun shot to the head. Mr. Islam was advised to ‘mentally prepare for his impending death.’

On March 18, 2009 around at 11.15 a.m. when Shahanur Islam Saikot was working at Bangladesh Institution Human Rights he received a call from nr 01937690054. The caller identified himself as Billu and starting to verbally abuse Mr Islam. 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. Shahanur again received call from the same number. Once again the caller identified himself as Billu and begun to verbally abuse him and threatened him to kill immediately. He also warned him to ‘mentally prepare for his death’.

Mr. Islam immediately filed a General Diary at the Peltan Police Station of DMP (Paltan Police Station G. D. No-1409; Dated: 19.03.2009). and General Diary at the Peltan Police Station of DMP (No-2281.

August, 2008 - threats by unidentified caller

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, and claimed to be a ‘higher authority of law enforcing agencies’. The caller stated that he knows who Mr. Islam is, and that he would ‘punish him at the earliest possible time’. 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).

7. ADDITIONAL COMMENTS:

The threats against Mr Islam are not an isolated instance, but rather threats and intimidation against human rights defenders and journalists are common and widespread in Bangladesh. GHRD has received several recent cases of similar intimidations from our observers in the field.

We therefore strongly urges the international authorities to remind the government of Bangladesh of its international obligations to promote, prevent and respect the fulfilment of human rights, which include the obligation to investigate such cases, to bring the perpetrators to justice, to make serious efforts to address the high level of impunity for human rights violations committed by the armed and law enforcing agencies in the country.

End of communication as of: 25.06.2009

Submitted to: United Nations Special Procedures Division – Human Rights Defenders 25.06.2009