URGENT APPEAL: demands to rehabilitate them as well as make a credible investigation to bring the allege perpetrators before justice

BANGLADESH INSTITUTE OF HUMAN RIGHTS URGENT APPEAL PROGRAMME

URGENT APPEAL CASE: BIHR-IAU-30-08-10

DATE: August 30, 2010

Type of Violation: Right to shelter, religious activity, security, and personal integrity

Dear Friends

Bangladesh Institute of Human Rights has been received a fact finding investigation report conducted by it high level investigation team from August 19-21, 2010 regarding some influential people of old Dhaka attempted to grab the old Hindu buildings including the temple, evicted some of the residing members, destroyed the temple and residences, looted the valuable statue of temple and property of the residing people as well as severely beat the males and molested the females. The victim urged the concerned police station to protect them, initially the police authority did not come to protect them. Though the victims demand to rehabilitate them as well as make a credible investigation to bring the allege perpetrators before justice, yet no proper action has been taken by the concern authority.

Date and place of event:

Date: 11 August around at 4.30 pm to 12 August around at 11.am

Location: 222, Lalmohan Saha Street, Police Stration: Sutrapur, Dhaka Metropalitan Police(DMP), Dhaka

BIOGRAPHIC INFORMATION:

Name of the victim:

Total families who are victims: 33

Members in these families: 102

Families evicted by the land grabbers:

1. Loknath Gosh, Son of Monoranjan Ghosh (3 members)
2. Nirmal Sen, son of Nihar Sen (2 members)
3. Pradip Bhaumik, Son of Chittoranjon Bhaumik (4 Members)
4. Sunil Baroy (4 members)
5. Sukumar Baroy (4 members)
6. Hiraranjon Bhaumik, son of Chttoranjon Bhaumik (3 members)
7. Tapun Bhaumik, son of Chittoranjon Bhaumik (2 members)
8. Prabir Bhaumik, son of Chttoranjon Bhaumik (3 members)
9. Parimal (1member)
10. Swapan De, son of Haradhon De (4 members)
11. Tapu De, son of Haradhon De (3 members)

In total 11 families and 33 members

Families under threat of eviction:

1. Bimal Chandra Ghosh, son of Sree Monoranjon Ghosh (4 Members)
2. Sujan Chandra Ghosh, son of Sree Monoranjon Ghosh (4 Members)
3. Jagannath Chandra De, son of Uttom Chandra De (3 members)
4. Dipak Chandra De, son of Nani Gopal De (3 memebers)
5. Raton Chandra Bhaumik, son of Chittoranjon Bhaumik(3 members)
6. Krisno Ghosh, son of Binod Chandra Ghosh (4 members)
7. Bishmanath Ghosh, son of Gopal Ghosh(4members)
8. Rama Dutta, Son of Radha sham Dutta (2 members)
9. Madan Banik (4 members)
10. Kajol Baroy (4 members)
11. Babulal Chandra De, son of Banku Bihari (3 members)
12. Kanai Ghosh (8 members)
13. Narayan Chakrabarti (4members)
14. Basudeb Roy (6 members)
15. Bolay De (3 members)
16. Litan Dutto(2 members)
17. Krisna Mondal (3 members)
18. Dipti Rani, wife of Gobinda De (1 Member)
19. Swapon Saha Banik, son of Manoranjon Saha (7 members)
20. Dinesh Chandra Sen, son of Khettra Mohan (5 members)

In total 20 families and 69 members.

Severely beaten 1 person: Sujan Chandra Ghosh, son of Manoranjon Ghosh

ALLEGED PERPETRATORS:

1. Radha Kanta Banik, son of Sreedham Chandra Banik

2. Hazi Islam

3. Ibrahim

4. Tutul

5. Nurhazi,

6. Deloar Hazi

7. Masum

DESCRIPTION:

On 11 August 2010, around at 4:30 pm 20 to 26 land grabbers including Ibrahim, Tutul, Nurhazi, Deloar Hazi, and Masum led by Hazi Islam and Radha Kanta Banik trespassed the old building of 222, Lalmohan Saha Street, Police Stration: Sutrapur, Dhaka Metropolitan Police(DMP), Dhaka including the Sree Sree Radhakanta Jeo Hindu temple. They attempted to take possession of the building forcefully through creating a terrorist environment.  They did this by using hand bombs and by shooting. They destroyed the Radhakanta Jeo Hindu temple as well as looted the valuable statue of Sree Sree Radha Kanta, Lakhhi Thakuani and Janardon Tagore. They aslo destroyed the door and window of the temple as well as humiliated the holy statue. They beat Sujan Chandra Ghosh while he tried to protest their illegal activities. They also destroyed the door, window, and furniture.  They also looted valuable property from some of the residents.  They even evicted 11 residing families forcefully by beating and threatening them. They also threatened the other 20 families, with 69 members in total, to leave the building as soon as possible. Further, they molested some women and children.  During the incident, the victim’s family asked the concerned police station to assist them. However, the police station did not take initiative to protect them.  Rather, they assisted the perpetrators.

LEGAL STATUS:

Swapon Saha Banik, son of Manoranjon Saha lodged a First Information Report (FIR) with the Sutrapur police station.  Sutrapur Police station Case No. 29/504, date: 17.08.2010 under section 448,447,103,506 of the Penal Code. Later, on 20 August 2010, he again filed a suplimentery FIR with the same Police station. On 12 August, 2010 the Metropolitan Magistrate issued  an order under section 145  of the Criminal Procedure Code. Later, on 13, August the concerned police station allocated three policemen for the security of the temple as well as the residing people.

ACTION:

Bangladesh Institute of Human Rights with the help of GHRD investigated the incident from 19-21 August, 2010. BIHR team visited the spot, talked with the victims, eyewitnesses, investigation officer of the case, Officer in Charge of Sutrapur Police Station, talked with additional deputy commissioner, and deputy commissioner of Wari zone as well as all who are concerned with the incident.

UPDATE:

As the lobbying of BIHR team, Officer in Charge of Sutrapur police Station assured to rehabilitate the evicted family to their resident as well ensure the all kinds of security of all the victims.

BIHR FINDINGS:

Primarily the concerned police officials were unwilling to assist the victims

The victims did not receive any physical or psychological treatment as well as financial assistance.

The concerned police officials are not active to arrest the perpetrators.

SUGGESTED ACTION:

Please write letters to the relevant authorities to investigate this alleged incident as well as rehabilitate the victim and also ensure the exemplary punishment to the perpetrators of this injustice and violence in accordance with the law.

• To ensure the rehabilitation of the evicted victims;
• To form a judicial inquiry committee headed by a justice of high court as well as publish the report as soon as possible;
• To ensure punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
• To provide adequate financial compensation to the victim’s family as well as guarantee the physical and psychological integrity with full rehabilitation;
• To ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards both of general people and government authority;
• To provide human rights education and training to both the general people and the government authorities in accordance with national laws and international human rights standards.

PLEASE SEND YOUR LETTERS TO:

1. Mrs. 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
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. Justice Mohammad Fazlul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com 

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd 

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd 

5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868

6. Prof. Mizanur Rahman Khan
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com 

7. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd

8. A K M Shahidul Hoque
Commissioner
Dhaka Metropolitan Police
DMP Headquarter
36, Shahid Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 8322746
Tel: +880 2 9331555/+880 2 8322746
Mobile: +8801711538313
E-mail: complain@dmp.gov.bd / emergency@dmp.gov.bd / commissioner@dmp.gov.bd

I trust that you will take immediate action on this serious matter.

Yours sincerely,

Saikot Shahanur Islam

LL.B (Hon’s), LL.M (Law & Justice)

Advocate

JusticeMakers Fellow-10, Switzerland

Secretary General/Executive Director

Bangladesh Institute of Human Rights (BIHR)

27, Bijoy Nagar, B-17, Dhaka-1000, Bangladesh

Cell: +88 017 20308080, Phone: +88 02 9349851

Email:saikotbihr@gmail.com; bihr@bangla.net

www.bihr-bihr.blogspot.com