URGENT APPEAL: Ensure the protection of human rights defender & lawyer in Bangladesh

BANGLADESH INSTITUTE OF HUMAN RIGHTS URGENT APPEAL PROGRAMME

URGENT APPEAL CASE: BIHR-UA-HRD-07-11

DATE: July 26, 2011

ISSUE: Death threats, rights to human rights defender & lawyer, personal integrity, inaction of authority, impunity.

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URGENT  APPEAL:

BANGLADESH: Death threats against human rights defender & lawyer Shahanur Islam

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Dear Friends,

Bangladesh Institute of Human Rights received information regarding the recent death threats against Mr. Shahanur Islam, Executive Director of BIHR and also lawyer in Bangladesh allegedly by an accused of a case. According to received information, Hamidur Islam, an accused in a criminal case, phoned Mr. Islam on July 24, 2011 night and asked him to withdraw case and threatened him with life for failing to follow his instruction. A general diary (GD) was lodged in this connection with Mohammadpur Police Station under Dhaka Metropalitan Police, but yet no action has been taken by the concerned authority in connection with the allegation against the perpetrator.

BIOGRAPHIC INFORMATION:

Name of the Victim             :Adv. Shahanur Islam, General Secretary and Executive Director, Bangladesh Institute of Human Rights (BIHR), Country Observer, Global Human Rights Defence, The Hague, Netherlands; Founder, JusticeMakers Bangladesh Trust; Member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District (Membership # 11177).

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. Due to his playing role to protection and promotion of human rights and criminal justice in Bangladesh, he receipt JusticeMakers Fellowship-10, awarded by International Bridges to Justice (IBJ), Switzerland 

Name of the Perpetrators :Mr. Hamidul Islam of village Jharbhanga under Gorea Union Parishad in Thakurgaon district. One co-accused of a criminal case filed by Mr. Islam alleging physically assault and rubbery during conducting an human rights violation investigation, who is recently release from the jail by bail. 

Date & time of  Incident    : July 24, 2011, around at 9.32 pm

Alleged phone number     : +88 01751370923

General Diary number       : Mohammedpur Police station GD No.1734,   Dated 25/07/2011

FACT DETAILS:

Advocate Shahanur Islam, General Secretary and Executive Director of Bangladesh Institute of Human Rights (BIHR); Country Observer for Bangladesh, Global Human Rights Defence, The Hague, Netherlands; Founder of JusticeMakers Bangladesh Trust and also Member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District (Membership # 11177) received death threat through phone call allegedly by an accused of a case on 24 July, 2011.

One Hamidur Islam, the co-accused in a criminal case number Thakurgaon police station case No 06/06 filed by Mr. Islam on January 10, 2011 alleging physically assaults and rubbery during an fact finding investigation of human rights violation incident fraudulently called by them has been phoned Mr. Islam using the grammen phone number+88 01751370923  on Sunday night around at 9.32 pm and thretend him to kill if Mr. Islam and other witness to would go to Thakurgaon court being (HAZIRA) present as well as witnessed.

According to query of Mr. Islam, the caller Introducing himself as Hamidur Islam of Gorea further threatened to Mr. Islam using filthy language stating “you have been put me in jail for five month and now I am out of jail by bail. Now I want to see what can you do?” Again he said, “ I will see, how can you being present before the court for witnessed coming from Dhaka to Thakurgaon. One time we left you after a little bit torture and snatched every things, but if we reach you again, no body will find your dead body.” Furthermore he said,” What do you think about you? As a lawyer and also a human rights activist like you, can nothing to do us!” He also said, “You have no idea about our power. So, you had showed your braveness to file case against us after being tortured and losing everything”.  He again said, “if you want to be alive, you will withdraw the case by one weak, otherwise we know how to compel withdraw the case.”

The accused Hamidul Islam asked Mr. Islam to withdraw case and threatened him with life for failing to follow his instruction. He also hurled abusing languages at him and threatened to kill him if the case is not withdrawn immediately. Finally, he cut off the phone. The phone call deeply disturbed and frightened Mr. Islam and he lodged a general diary (GD) being number 1734, dated 25/07/2011in this connection with Mohammadpur Police Station under Dhaka Metropalitan Police.

You are requested to visit the following link to see the news published on the newspaper:

http://www.unbconnect.com/component/news/task-show/id-53952

http://www.newstoday.com.bd/index.php?option=details&news_id=34322&date=2011-07-26 
http://bdnews24.com/bangla/details.php?id=166202&cid=2 
http://ukbdnews.com/deshjure/39420-2011-07-28-12-36-13.html

BACK GRAUND HISTORY:

Mr. Shahanur Islam has been victimized in different occasions previously due to his activities to protect and promote human rights in Bangladesh.

On the 9^th of January, 2011 a fact-finding team composing of Mr. Shahanur Islam, Executive Director of Bangladesh Institute of Human Rights (BIHR) and two fact-finding officers, BIHR went to Jharbhanga village under Gorea union in Thakurgaon district fraudulently calling them to investigate the incident of the ill-treatment of a minority woman.

After reaching the spot, the fact-finding team begun to interview the applicant and the local people, 10 to 12 unidentified people came to the spot and questioned the fact-finding team about their reason of present there. One of the perpetrators identified himself as the chairman of the local union Parishad, another one as a member of Parishad. Then the perpetrators trying to accused the fact-finding tem to involve with a recent murder of a young boy and also trading with a stolen motorbike as well as taking part in fraudulent dollar transactions after getting identity and reason of present of fact finding team at there. Suddenly, one of the perpetrators physically attacked Mr. Islam and took away his mobile phone, while he was trying to call the local police station for help.

Meanwhile, the perpetrators also attacked the other two fact-finding officers and took away their mobiles as well.

The perpetrators – threatening the members of the fact-finding team with a pistol - looted the video camera, laptop, secret pen video camera, still camera, documents, money bag and all other valuable belongings of the fact finding team, amounting approximately to  BDT 3,50,000.

When Mr. Islam tried to shout for help, he was again physically attacked. Then the attackers forced the victims - by threatening them with pistol - to pose with dollars while the perpetrators took pictures of them. After taking the pictures, the perpetrators warned the fact-finding team not to inform the police about this incident, otherwise they will get these photos published in the newspapers and kill the victims. Finally the perpetrators fled away on some unregistered motorbikes.

Then Mr. Islam went to the Thakurgaon Police Station and tried to file the case in this connection on the same day. But the officer in charge refused to file it. Rather he sent one Sub inspector Mr. Biswanath with the victim to verify the incident instead of registering the case. But during the verification, the sub inspector forces the victim to back the police station without identifying the spot. On the next day morning Mr. Islam submitted a written First Information Report-FIR (Ezahar) mentioning the incident, but the OC again refused to register it instantly. Rather he asked Mr. Islam to submit a written FIR (EJAHAR) to the duty officer and also told Mr. Islam to back the Dhaka. In accordance with the instruction of OC, Mr. Islam submitted the EJAHAR to duty officer around at 12.30 pm and back to the Dhaka, but the officer in charge registered the case around at 6.15 pm on 10^th January, 2011 being number 06/06. Though the case was registered but he did not register it in proper section. He registered the case under 406/420/323/506 (2) of Penal Code instead of 406/420/323/395/506 (2) and arms act with out consulting with Mr. Islam.

To know more about the incident please visit the following links:

http://international.lawsociety.org.uk/node/3806

http://www.frontlinedefenders.org/node/14343

http://www.frontlinedefenders.org/node/14343/action

http://www.ghrd.org/default.asp?ID=3921

http://www.banglanews24.com/English/detailsnews.php?nssl=366c0196895c9eeaa75992bacac60426&nttl=2011012113370

http://www.eilpetitionen.de/p11ep1637.html

http://nipsa.in/index.php?option=com_content&view=article&id=56&Itemid=55

http://www.idhae.eu/idhae-fr-page2.htm

On February 04, 2011, one co-accused Hamidul Islam was arrested by the investigation officer and being present him before the Magistrate Court of Thakurgaon demanding five days remand. but the learned court pleased to issue two day remand. During the remand the arrested accused Hamidul Islam agreed to give confession involving with the incident. But finally, he did not give the confession before the court and the court sent him to the jail custody.

Please see the link to see news published on difference media: 

http://dinajpurnews.com/2011/02/05/%E0%A6%A0%E0%A6%BE%E0%A6%95%E0%A7%81%E0%A6%B0%E0%A6%97%E0%A6%BE%E0%A6%81%E0%A6%93%E0%A7%9F%E0%A7%87-%E0%A6%AA%E0%A7%8D%E0%A6%B0%E0%A6%A4%E0%A6%BE%E0%A6%B0%E0%A6%95-%E0%A6%A1%E0%A6%B2%E0%A6%BE%E0%A6%B0/

http://ptbnews.com/index.php/2010-07-05-01-08-21/9003-2011-02-05-13-40-50

http://www.bd-pratidin.com/?view=details&type=gold&data=Loan&pub_no=282&cat_id=1&menu_id=3&news_type_id=1&index=11&archiev=yes&arch_date=06-02-2011

http://www.cdnews24.com/2011/02/page/55/

http://bnbnews.co/bnbnews/?p=991

On 3^rd March 2011, around at 3.30 pm, Mr. Islam participated the TI Parade in to the Thakurgaon jail and identified the accused Mr. Hamidul Islam amonst others 20 prisoners in presented of senior judicial Magistrate of Thakurgaon district.

Mr. Komal Mohant Chaki, sub inspector of Thakurgaon police station and also the investigation officer of the case told Mr. Islam informally that they know who were involved with the incident but due to some technical reasons they cannot arrest them. He also told Mr. Islam that previously, Mr. Jamal Uddin, Secretary of Jubo League, Youth wings of ruling party of Gorea union unit assured him to recover all the goods, but later due to unknown reason he did not back the looted goods.

On 3^rd March, 2011, Mr. Islam asked to Mr. Chaki about the reason of failure to recover the goods as well as arrest the others accused, but he failed to give appropriate answer, only said that he is trying. Further, Mr. Islam asked to arrest Mr. Jamal Uddin but he refused to arrest him showing reasons that he was not present during the incident. Mr. Islam asked him to arrange a TI parade after arresting Mr. Jamal, but he did not take action yet. It is clear to BIHR that due to political influence, the police authority is silent to arrest the perpetrators as well as recover the goods.

BIHR FINDINGS:

This is not any isolated instance of such kind of threats and attacked or human rights defenders in Bangladesh. It is a very common phenomenon for the professionals like human rights defenders of Bangladesh facing attacked, harassment, ill treatment, death threats from the terrorist, 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.

RECOMENDATION:

i) Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Shahanur Islam and others two victims;

ii) Order a prompt, effective, thorough, independent and impartial investigation into the above-mentioned incident 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;

iii) Put an end to all acts of harassment against Mr. Islam as well as   against all human rights defenders in Bangladesh;

iv) Accomply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v) Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Bangladesh.

SUGESTED ACTION:

Please write letters to the relevant authorities to investigate this alleged incident of violence ensuring the physical security of the victim Adv. Shahanur Islam (saikot) and his family. We trust that you will take immediate action regarding this serious matter and look forward to your favorable response.

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. Md. Mozammel Haque
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
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
8, Journalist Selina Parvin Road
Mogbazar, Dhaka
BANGLADESH
Tel: +88 02 8331492
Fax: +88 02 8333219
E-mail: nhrc.bd@gmail.com

7. Mr. Hassan Mahmud Khandker
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 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd

8. Mr. Asaduzzaman Mian
Deputy Inspector General of Police (DIG)
Dhaka Range
Office of the DIG of Dhaka Range
Shegun Bagicha

Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 8353926 (O)

Fax: +880 2 8315838/ 9345858 (O)
Mobile: +8801713 373316
E-mail: digdhaka@police.gov.bd

Thank You

Urgent Appeal Desk

Bangladesh Institute of Human Rights (BIHR)

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

Tele-Fax: + 88 028352166; Skype: saikot.bihr, bihr.bd

Cell: +88 017 20308080, +88 015 56447876

Email: saikotbihr@gmail.com, bihr.bd@gmail.com,

www.shahanur.blogspot.com, www.bihrbd.blogspot.com