Human rights monitoring report : January – June 2015 By Odhikar

Human rights monitoring report : January – June 2015 By Odhikar

1
July 1, 2015
Six-Months
Human Rights Monitoring Report
January 1 – June 30, 2015
A violent political situation and related issues
Approval of draft amendment law relating to mobile Courts
Myanmar and Indian border issues
Violence against religious minority communities
Workers’ rights
Human rights violations of migrants on the seas
Violence against women
Hindrance of human rights activities of Odhikar
Odhikar believes that ‘democracy’ is a form of the State and presupposes that
freedom and human rights are its foundations. Democracy is not merely a process of
electing a ruler. Democracy is the result of the peoples’ struggle for inalienable
rights, which become the fundamental premise to constitute the State, defining
collective aspirations and responsibilities. Therefore, the individual freedoms and
democratic aspirations of the citizens – and consequently, peoples’ collective rights
and responsibilities - must be the foundational principles of the State.
The State’s failure to recognise this at the founding moment is a continuing curse
that people in Bangladesh are forced to carry. A State cannot be ‘democratic’ if the
people do not realise and participate as ‘citizens’ in all sectors of the functioning of
the state. The democratic legitimacy of the State is directly related to its commitment
and capacity to ensure human rights, such as right to life and livelihood, right to
environment and health; and the dignity and integrity of citizens. If all these are not
ensured by the State, it cannot be called a ‘democratic’ state. These civil and political
rights, as the foundational principles of the State, must remain inviolable; and
2
accordingly, the Parliament, Judiciary and Executive cannot and should not have
any power to abrogate them through any legislation, judicial verdict or executive
order. The people’s inviolable rights are the foundational principles of the State.
Odhikar, being an organisation of human rights defenders in Bangladesh, has been
struggling to ensure these civil and political rights. Odhikar stands against all forms
of human rights violations and accordingly participates and remains directly
involved in the human rights movement in Bangladesh. Odhikar brings to the
movement the strategic perspective that in its demand for civil, political, economic,
social and cultural rights, the human rights movement not only endeavours to
protect the victims, but is also constitutive of a democratic state. In recent times,
Odhikar’s human rights defenders have been persecuted for their work and beliefs.
However, this has only strengthened the organisation’s resolve to fight for human
rights, with no discrimination whatsoever.
The movement to establish the rights and dignity of every individual is part of the
struggle to constitute Bangladesh as a democratic, political community. As part of its
mission, Odhikar monitors the human rights situation of Bangladesh to report
violations and defend the victims. In line with this campaign, Odhikar prepares and
releases monthly situation reports. Odhikar has released six-monthly human rights
monitoring report from January – June 2015, despite facing harassment and threats
to its existence.
A. Violent political situation and its related issues
On average, 24 persons were killed in political violence every month
1. According to information gathered by Odhikar, from January to June 2015,
148 persons were killed and 4103 injured in political violence. Among them,
689 persons were burnt in petrol bombs and arson attacks during blockades
and hartals1 of which 69 persons succumbed to their burn injuries.
Furthermore, 22 persons were killed in the internal conflict of the Awami
League while one person was killed in the internal conflicts of BNP. During
this period 1478 persons were injured in the internal conflicts of Awami
League while 69 persons were injured in conflicts within the BNP. In addition
to that, there were 155 incidents of internal violence in the Awami League and
six in the BNP2 recorded during this period.
2. Between January and June 2015, the political situation of the country was
extremely confrontational until March. The country-wide blockade and strike
1 General Strikes
2 BNP: Bangladesh Nationalist Party
3
called by the BNP led 20-Party Alliance (former 18-Party Alliance) on January
5, 2015, over the controversial January 5, 2014 Parliamentary Elections3
created a huge political crisis. During this period the government randomly
arrested and used various forms of repression on many leaders and activists
of the opposition; in order to quell the opposition activities. As a result,
incidents of enforced disappearance, extrajudicial killings, shooting in the legs
and torture in remand occurred; and reports show that most of the victims of
such incidents were activists of the BNP and Jamaat-e-Islami. Joint Forces
carried out operations in various districts of Bangladesh. Thousands4 of
leaders and activists of the 20-Party Alliance were arrested. As a result of the
mass arrests, prisons became full of political detainees, resulting in inhumane
conditions due to overcrowding. Incidents of bomb attacks, vandalizing and
setting fire to vehicles continued during hartals and blockades. Many
ordinary people, including women and children, were killed and injured due
to these attacks. The government and the 20-Party Alliance were blaming each
other for these incidents. The BNP led 20-Party Alliance withdrew blockades
and hartals from March 29, 2015 so that the City Corporation elections in
Dhaka and Chittagong could be held on April 28, 2015. Like the farcical
Parliamentary elections in January 2014, City Corporations elections were
held in Dhaka North, Dhaka South and Chittagong on April 28, 2015 where
the government deprived the people from the right to vote; and ensured the
victory of Awami League supported candidates through massive rigging and
fake votes. It was easy for the government to conduct farcical elections by
politicising various government institutes; making various independent
institutions like the Election Commission and Anti Corruption Commission
subservient to the government; through corruption, impunity and enacting
and imposing various repressive laws. As a result, the political situation of the
country has become very vulnerable and confrontational. Many incidents of
internal altercation and casualties took place between Chhatra League5 and
Jubo League6 activists as a result of criminalisation of politics. Activists of
3 The Awami League led government of 2009 – present amended the Constitution, repealing the provision of an interim
Caretaker Government without any consensus between the then all opposition political parties or referendum. The
Election Commission then declared an Election Schedule, which was not shared with the then BNP-led parliamentary
Opposition. The BNP-led Opposition refused to participate in the elections unless a caretaker government was reinstated.
In 153 constituencies (out of 300), Awami League candidates were declared uncontested winners, even before the polling
commenced, as there was no other candidate contesting. People did not even have the chance to exercise their right to
franchise and the Parliament without opposition opinion had also repealed the provision of negative voting. There were
also widespread reports of irregularities and election-related violence on the day of polls. The present government is again
led by the Awami League. The Parliamentary Opposition is the Jatiya Party, which, incidentally, also has Ministers in the
Awami League government. However, the main opposition party to the Awami League, has always been considered to be
the Bangladesh Nationalist Party (BNP).
4 According to a joint statement made by the Asian Legal Resource Centre and CIVICUS at http://us6.campaignarchive1.
com/?u=9283ff78aa53cccd2800739dc&id=12458ec493&e=41b94b008c , the number of arrested 20-Party
Alliance activists is about 14,000.
5 Student wing of Awami League
6 Youth wing of Awami League
4
Chhatra League and Jubo League were also seen using firearms openly
during clashes, which were also published in the daily papers.
Some incidents of political violence between January and March 2015
during blockades and hartals
3. On January 5, 2015, in the presence of police, Awami League activists opened
fire at a 20-Party Alliance rally which was preparing to bring out a procession
with black flags, after a public meeting at Tebaria Hat in Natore district.
Chhatra Dal7 leaders Rakib Hossain and Raihan Ali were seriously wounded
and 15-20 more activists were injured. The injured were taken to Natore
Hospital for medical treatment, where Rakib Hossain and Raihan Ali were
declared dead by the duty doctor.8
4. In the night of February 6, 2015, a bus was travelling to Dhaka under police
protection with 50-60 passengers, from Shicha under Sundarganj Upazila in
Gaibandha District. At around 11:00 pm, criminals threw petrol bombs on the
bus near the Polli Bidyut office9 on Gaibandha-Polashbari Road and it caught
on fire. Passengers Syed Ali (42), Halima Bawa (50), Sumon Mia (12) and Rani
(7) burnt to death on the spot. Later, Sonabhan Begum (28), Sujan (13), Abul
Kalam Azad (40) and Saju Mia (25) died in Rangpur Medical College
Hospital. At least 30 passengers were burnt in this incident.10
5. On February 13, 2015 at midnight, a group of criminals threw petrol bombs at
vehicles in Motihara Bazar on the Dinajpur-Dhaka Highway. Though no
casualties were recorded, the local police caught Putimara Union unit Chhatra
League11 General Secretary Ujjal and another Chhatra League leader Jobaer
red-handed with petrol bombs. Later police of Nobabganj Police Station
released the arrested Chhatra League leaders on request from the Awami
League leaders.12
Political violence between April and June
6. On April 11, 2015 an altercation took place between two groups of Chhatra
League over taking photographs at a conference of Chhatra League activists;
in the presence of the President of the Chhatra League Central Committee,
Badiuzzaman Shohag and General Secretary, Nazmul Alam, at the Town Hall
in Comilla. During the clash, Comilla Metropolitan unit Chhatra League
President Saiful Islam was stabbed and shot by some Chhatra League
activists. Later he was admitted to Moon Hospital at Jhautola in the city
7 Student wing of Bangladesh Nationalist Party (BNP)
8 The daily Jugantor, 06/01/2015
9 Office of the Rural Electrification Board
10 The daily Prothom Alo, 07/02/2015 and the daily Jugantor, 12/02/2015
11 Student wing of Bangladesh Awami League
12 The daily Naya Diganta, 15/02/2015
5
where he succumbed to his injuries on April 12. At least 10 persons were
injured during this incident.13
7. In the morning of June 2, 2015 an altercation took place between the
supporters of Kutubpur Union unit Awami League President Ibrahim Shikdar
and the supporters of Kutubpur Union unit Jubo League President Atique
Matubbor, in Shibchar Upazila under Madaripur District. Arshed Matubbor
(35) was shot dead during the clash. At that time, a local shopkeeper
Shahjahan Ghorami (40) was also shot and he succumbed to his injuries on
the way to Shibchar Upazila Health Complex.14
City Corporation Elections 2015
8. Human rights defenders associated with Odhikar, observed the overall
situation of elections and monitored the level of election related violence
outside the polling centers in Dhaka North and Dhaka South City
Corporations on April 28, 2015 as the Election Commission did not allow
Odhikar to observe elections in the three city corporations.15 A few human
rights defenders in Chittagong, who were involved with the media, were able
to get permission to observe the polls. Moreover, Odhikar collected reports
from various media through coordination.
9. On April 28, 2015 elections were held in Dhaka North, Dhaka South and
Chittagong City Corporations that were fraught with ousting polling agents
of the opposition political parties, capturing polling centres, casting fake
votes, obstructing journalists from entering the polling centres and attacks on
them and other forms of violence. The government deprived the people from
the right to vote; and ensured the victory of Awami League-supported
candidates. According to the government’s demand, the Election Commission
declared the election schedule and fixed April 28, 2015 for voting. The role of
the present Election Commission was widely questioned due to its previous
activities.16 The BNP led 20-Party Alliance-supported candidates and their
supporters were arrested and obstructed when they came out for election
campaigns.17 The supporters of the ruling party attacked and even shot at
BNP Chairperson Khaleda Zia’s motorcades several times, while she was
campaigning for candidates.18 In several places, the supporters of the ruling
13 The daily Naya Diganta, 13/04/2015
14 The daily Manabzamin, 04/06/2015
15 On April 12, 2015, Odhikar applied to the Election Commission for permission to observe elections in three city
corporations.
16 Election Commission was made a subservient institution of government, by nominating commissioners through a
selection committee made by the government in 2012.
17 The daily Naya Diganta, 20/04/ 2015
18 On April 20 and 22, 2015 BNP Chairperson Khaleda Zia’s motorcade was attacked by a group of youth, chanting “Joy
Bangla” (the slogan used by the Awami League) while she was campaigning for BNP supported Mayoral candidate of Dhaka
North City Corporation, Tabith Awal at Kawran Bazar and Bangla Motor areas in Dhaka. Sources: The daily Jugantor,
21/04/2015 and The daily Manabzamin and Prothom Alo, 23/04/2015
6
party also attacked supporters of the other Mayor candidates of Ganasanghati
Andolan; Communist Party of Bangladesh; and Socialist Party of Bangladesh.
The Election Commission did not take any effective measures in this regard.
Though it was proved that the elections held in three city corporations were a
‘mockery’, the Chief Election Commissioner justified the polls as “free and
fair”.
10. Odhikar is deeply concerned about the pervasive crisis in the electoral system
which has created a very frustrating and violent situation in Bangladesh.
Odhikar believes that the country is being placed in an extremely vulnerable
position by abolishing the process of free, fair and inclusive elections under a
‘caretaker’ government system.19 As a result the controversial 10th National
Parliamentary elections were held on January 5, 2014 and extensive
irregularities and violence occurred in Upazila Parishad Elections20
afterwards. Odhikar believes that the media, civil society and ordinary
citizens have to be united without any prejudice, in order to restore the
democratic system based on the principles of the liberation war – equality,
human dignity and social justice.
104 people killed extra judicially in six months
11. According to information gathered by Odhikar, a reported total of 104
persons were extra judicially killed, between January and June 2015. The
types of deaths and the identities of the deceased persons are stated below:
Types of extrajudicial killings
Crossfire/encounter/gun fight:
12. Among the 104 persons extra judicially killed, 79 were killed in
‘crossfire/encounters/gun fights’. Of them, 55 were killed by the police, 21 by
the RAB, two were killed by the BGB and one by the Joint Forces.
Tortured to death:
13. During the first six months of 2015, three persons were allegedly tortured to
death by the police.
Shot to death:
14. Among the deceased, 16 persons were shot and killed during this period.
Among them, 14 were by the police and two by the BGB.
19 The caretaker government system was abolished by the Awami League led government through the 15th Amendment to
the Constitution when they were in power from 2009-2013.
20 Local government elections
7
Beaten to death:
15. From January to June 2015, two persons were reported beaten to death.
Among the deceased, one was beaten to death by the police and one by RAB.
Strangled to death:
16. Among the deceased, one was allegedly strangled to death by police.
Others death:
17. Two persons were killed in a road accident, as claimed by police. The victim
families said that the men were picked up by police; and one person was
allegedly stabbed to death by BGB.
Identities of the deceased:
18. Of the 104 persons who were killed extra-judicially, 19 were leaders-activists
of BNP, 14 were activists of Jamaat-Shibir, one was a member of the Purba
Banglar Communist Party, six were youths, two were drivers, one was an
office employee, one was an employee of a mobile servicing centre, one was a
factory worker, one was a supporter of a Upazila (local government)
chairman candidate, one was a fisherman, one was a tailor, one was an owner
of a motor garage, one was a security guard of a private firm, one was an
accused in a murder case, five were alleged human traffickers, two were tea
stall owners and 46 were alleged criminals.
19. The government had conducted operations by Joint Forces to resist the
opposition political parties during the volatile political situation between
January and March; and during the operations, several incidents of
extrajudicial killings allegedly occurred in different places of the country.
Furthermore, it has been reported that the security forces are killing people in
the name of ‘shootout’ and stating they were traffickers at the border areas of
Cox’s Bazaar and Teknaf even before proving their crimes in Court. This also
creates an obstruction to tracing the actual masterminds behind human
trafficking. The law and justice delivery system of the country is becoming
increasingly questionable and human rights are being seriously violated due
to the persistence of extrajudicial killings. Families of victims of extrajudicial
killings claimed that members of law enforcement agencies have shot dead
their relatives. The government denied the incidents of extrajudicial killings,
despite repeated demands to bring the perpetrators to justice. As a result,
responsible members of law enforcement agencies are enjoying impunity.
20. The General Secretary of Khilgaon Thana21 unit Chhatra Dal, Nuruzzaman
Jony was shot dead by Detective Branch (DB) of Police near the Jorapukur
playground at Khilgaon Tilpapara. Nuruzzaman’s family alleged that the
21 In the Dhaka Metropolitan area.
8
Detective Branch police arrested him on January 19, 2015 from in front of the
Dhaka Central Jail gate. On January 20, 2015 at around 3:00 am, Nuruzzaman
was shot dead by DB police at Jorapukur playground. Nuruzzaman’s father
Yakub Ali said that on January 16, 2015 police arrested his youngest son,
Moniruzzaman Hira. On January 19, Nuruzzaman went to Dhaka Central Jail
with another Chhatra Dal activist Moin, to see his younger brother. He spoke
to Nuruzzaman last at around 1:15 pm after reaching the jail gate. After that,
Nuruzzaman could not be found. On January 20 at around 8:30 am, a stranger
phoned him and told him to go to the Dhaka Medical College Hospital
morgue. The inquest report mentioned that 16 bullets wounds were found on
Nuruzzaman’s body.22
21. On February 2, 2015 at around 4:00 am, Assistant Sub Inspector Tasneem of
Monirampur Police Station, under Jessore District brought the bodies of two
Jubo Dal23 activists, Yusuf Ali and Liton, to the Jessore Medical College
Hospital. Police claimed that both had died in a road accident while they were
preparing to throw petrol bombs. Yusuf’s father Abdul Aziz said that at
around 12:30 am on February 2, 2015 a group of men claiming to be police
picked up Yusuf from their house. Yusuf’s mother Rowshan Ara said that she
went to Monirampur Police Station in the morning to search for her son.
Rowshan Ara claimed that police killed her son after taking him; and were
now staging a ‘drama’.24
22. Nazmul Huda Lablu, President of Shramik Kalyan Federation25 and expresident
of Islami Chhatra Shibir26 was killed in an altercation between
police at Mithapukur in Rangpur. The brother-in-law of the deceased, Masud
said that on March 8 at around 7:00 pm, Lablu was picked up at gunpoint by
some men in plain clothes who said they were from the law enforcement
agency from his home in Shanerhat Kalanur Shahpur village under Pirganj
Upazila. Later on March 9 at noon, police told the family to take Lablu’s
body. Nurunnabi Shah, Lablu’s father, said that police staged a drama of
‘gunfight’ after killing his son.27
23. On May 8, 2015 at around 3:00 am, Dholu Hossain (55), Mohammad Jahangir
Alam (30) and Mohammad Jafar Alam (25) were killed in ‘gunfight’ in the
Jhauban area of Moheshkhalipara beach under Teknaf Upazila of Cox’s
Bazaar. Ataur Rahman, the Officer-in-Charge of Teknaf Police Station claimed
that the deceased persons were human traffickers listed by police. The
incident of a ‘shootout’ took place when police conducted operations after
22 The daily Prothom Alo, 21/01/2015
23 Youth wing of Bangladesh Nationalist Party (BNP)
24 Report sent by human right defender associated with Odhikar from Jessore.
25 Labour Welfare Federation
26 Student wing of Jamaat-e-Islami
27 The daily Naya Diganta, 10/03/2015
9
learning that human trafficking was going on at Jhaubon.28 Furthermore, on
May 10, 2015 Zafor Majhi (45) from Ukhiya of Cox’s Bazaar29 and on May 12,
2015 Belal (38) from Bhumirghona village of Cox’s Bazaar were also killed in
the name of ‘shootout’.30
24. Odhikar demands the government take action against the members of law
enforcement agencies who were involved in such killings through
independent and neutral investigations.
Torture, inhuman and degrading treatment in custody and shooting in
the legs
25. There are allegations that law enforcers inflict torture in custody at police
stations to get confessional statements. Torture in the custody of law
enforcement agencies during remand is not only a criminal offence but also a
serious violation of human rights. Article 35(5) of the Constitution says that
“No one shall be subjected to torture, inhuman or degrading punishment or
treatment”. The High Court Division of the Supreme Court in 2003 in the
matter of BLAST vs. Bangladesh gave 15 directives regarding interrogation in
remand31 and in 2013, the Parliament passed the Torture and Custodial Death
(Prevention) Act. However, the directives of the High Court Division and the
law are violated. When anyone is arrested, it is now perceived that person
will be physically or mentally tortured. Odhikar has, for the last 20 years,
documented and carried out fact finding missions on incidents of torture,
highlighting the fact that this practice must stop. To add to this violation, the
Police Headquarters sent a proposal to the Ministry of Home Affairs
regarding amendments to the Torture and Custodial Death (Prevention) Act
2013 which are mainly for their own benefit.32
26. Between January and March 2015, media activists, apart from politicians were
also arrested and taken into remand during the violent political situation.
Among them, Joint Secretary General of BNP, Ruhul Kabir Rizvi was taken
into 27-day remand under different cases; and the Acting Secretary General of
BNP, Mirza Fakhrul Islam Alamgir was taken into 12-day remand in four
intervals. Private TV Owners’ Association – ATCO President Mosaddek Ali
Falu was taken into 13-day remand in different police stations under arson
attack cases; and Ekushey TV Chairman Abdus Salam was taken into 5-day
remand under a pornography case. Furthermore, the Convener of Nagorik
Oikya, Mahmudur Rahman Manna was shown as arrested after 21 hours and
28 Information sent by human rights defender associated with Odhikar from Cox’s Bazaar.
29 Naya Diganta, 11/05/2015.
30 The daily Prothom Alo 13/05/2015.
31 BLAST and Others vs. Bangladesh and Others, 55 DLR 323. The High Court Division of the Supreme Court of Bangladesh
enumerated 15 directives regarding the arrest, detention and interrogation of accused persons in order to avoid and
prevent torture in remand/custody. In 2013, the Parliament also passed a torture prevention Act.
32 The daily Prothom Alo, 05/03/2015
10
the Court granted a 10-day remand on February 25 in a sedition case.33 On
March 7, Manna was produced before the Court after a 10-day remand where
he told the Magistrate that he was worried about the security of his life and
that he was tortured in police custody during interrogation.34 However, the
Court granted a 10-day remand again in another case.35
27. On January 16, 2015 Sechchasebak Dal36 leader, Mohan Bepai Molla died in
Dhaka Medical College Hospital during treatment, under the supervision of
the jail authority. The brother-in-law of the deceased, Mohammad Alamin
claimed that on January 12, 2015 police of Shah Ali Police Station arrested
Mohan under a criminal case and beat him in the police van. Mohan was
tortured the whole night in the police station. After he was produced before
the Court, the Court sent him to jail. However, his physical condition did not
improve and he was taken to Dhaka Medical College Hospital by the jail
authorities on January 16, where he died.37
28. On March 17, 2015 an altercation took place between the Sub Inspector (SI) of
Kalaiya Police Outpost, Mohammad Halim Khan and Bauphal Upazila
correspondent of the daily Prothom Alo, Mizanur Rahman at Langra Munshir
Bridge area in Kalaiya under Bauphal Upazila in Patuakhali District. Later it
was mutually resolved. But police filed a case with Bauphal Police Station
against Mizanur accusing him of beating a police officer. Mizanur was
arrested in the evening of March 17 and was severely beaten by police in the
room of the Officer-in-Charge, Noresh Chandra Karmokar. He was beaten
until he became unconscious. According to Mizanur, he was tortured by
Assistant Superintendent of Police (Sadar Circle), Saheb Ali; Officer-in-Charge
of Bauphal Police Station, Noresh Chandra Karmokar; and two more police
officers.38 On March 22 Mizanur Rahman was produced before the Court
from Patuakhali District Jail. Mizanur showed the marks of torture to the
Magistrate by taking off his shirt.39 On March 24 the High Court Division
Bench of the Supreme Court issued a rule as to why torture on Mizanur
Rahman would not be declared illegal.40 At present Mizanur Rahman is free
on bail and the case is under trial.
29. On June 9, 2015 at around 10.00 pm five members of Rajshahi Metropolitan
Detective Branch of Police picked up Al Amin Opu (13), a student of class IX
of Horipur School, from the road, after pointing guns at his chest and then
tortured him. Opu’s father Milon said that on June 8 he went to Rajshahi
33 Information gathered by Odhikar
34 The daily New Age, 11/03/2015
35 The daily Manabzamin, 11/03/2015
36 Volunteer wing of the BNP
37 The daily Jugantor, 17/01/2015
38 The daily Prothom Alo, 21/03/2015
39 The daily Prothom Alo, 23/03/2015
40 The daily Prothom Alo, 24/03/2015
11
District Judge Court to make an appearance in a narcotics case while a group
of eight DB police led by Sub Inspector Monowar stayed downstairs in the
court’s grounds. One of them called Milon on his cell phone and told him to
give Taka two hundred thousand and also threatened that if he failed to pay
then they will take him away. At that time he informed the Court of this,
through his lawyer. The Court ordered the Court police to take necessary
steps. However, Court police did not take any action. After that, a constable of
the DB Police called him on his cell phone to tell him to bring money and also
threatened him with death if he did not bring the money. Milon escaped from
the Court by jumping over the wall. However, his left leg broke when he
landed. DB Police searched for Milon but they could not find him. As Milon
had escaped, they detained Milon’s son Al Amin Opu. Then a constable called
Milon on his cell phone and told him that if he wants his son back then he had
to pay by that night. At the custody of the DB Police, Opu was beaten with a
stick and he shouted with pain. Opu’s parents heard that over the phone. Opu
was also blindfolded and taken in a room by Sub Inspector Azhar along with
two constables. There they gave him electric shocks on his penis and tortured
him in various other ways. After getting Taka one hundred thousand from his
family they took Opu’s signature on a blank sheets paper and released him.41
30. Torture during remand or interrogation is a serious violation of human rights.
Torture in custody continues in Bangladesh. The Act of 2013 had been passed
basically due to pressure put by the families of victims and human rights
defenders, though it was tabled in the Parliament in 2009. Odhikar had
campaigned since 2009 for the enactment of such a law; and also organised
several meetings with the government and the opposition in order to pass the
law. Odhikar believes that if the proposed sections are repealed or amended
as per recommendations from the Police Headquarters, this Act will lose all
purpose. Although levels of torture have not declined; rather a new trend of
shooting in the legs has been added; Odhikar believes that this law, as it
stands, is necessary for a democratic society.
Shooting in the legs
31. According to information gathered by Odhikar, from January to June 2015, 30
persons were shot in the leg by the law enforcement agencies after arrest.
32. Apart from extrajudicial executions and incidents of torture, shooting in the
legs of detainees/accused persons has been highlighted as a new trend of
police brutality since 2011. Several people have already become disabled due
to shooting by law enforcement agencies in the last few years. It was learnt
that such incidents widely took place at the time of resisting the protests of
the BNP-led 20-Party Alliance.
41 The daily Jugantor, 26/06/2015
12
33. On February 4, 2015 at around 8:30 pm, Nayan Bachhar, a student of
Philosophy at Jagannath University in Dhaka, boarded a bus from in front of
Victoria Park in old Dhaka to go to Mir Hazirbagh. His bus was set on fire
and Nayan got down with other passengers. Police arrested him and asked
whether he was involved with Jammat-Shibir. Nayan gave the police his
name and said he was Hindu42. The policemen paid no heed and shot him in
the leg. Nayan was admitted to the National Institute of Traumatology and
Orthopedic Rehabilitation with severe injuries.43
34. On March 3, 2015 Mohammad Noman came to Sadarghat in Dhaka to do
some shopping. At that time some cocktail bombs exploded near the Victoria
Park. Police caught Noman when he ran in fear to find a safe place. Later
police beat him and shot him in his left leg. Noman, son of Abdul Monnaf, a
poor farmer of Bhola, was admitted to the National Institute of Traumatology
Orthopedics and Rehabilitation (Pongu Hospital) under police custody.44
35. On May 24, 2015 Sabbir Hossain Sohan (17) a Higher Secondary Certificate
examinee of Keshobpur Degree College Jessore, was detained from
Keshobpur Bazaar and was beaten and shot in his right leg by the police of
Monirampur Police Station. Sabbir Hossain, while under treatment at
Monirampur Upazila Health Complex, said that after finishing his exam, he
was on his way home and as soon as he reached the southern part of
Keshobpur Bazaar, police apprehended him and shot him in his right leg after
beating him.45
36. Odhikar believes that the tendency to shoot in the legs of the accused or
detained persons with no justification, was created due to the culture of
impunity in the law enforcement agencies. Odhikar urges the government
take legal action against the responsible persons after an investigation of all
such incidents in a neutral manner.
Conditions in prisons
37. Law enforcement agencies conducted arrest operations against the leaders
and activists of the 20-Party Alliance across the country, even before January
5, 2015.46 Police arrested thousands of leaders and activists belonging to the
20-Party Alliance, including BNP Acting Secretary General Mirza Fakhrul
Islam Alamgir and some other central leaders, for allegedly being involved in
criminal activities.47 Allegations were also made of police harassing ordinary
people after arresting them. As a result of these mass arrests, the prisons of
Bangladesh are facing tremendous pressure, due to overcrowding. The prison
42 Jamaat-e-Islami and its student wing Islami Chhatra Shibir are Islamist political organisations.
43 The daily Manabzamin, 18/02/2015
44 The daily Manabzamin, 15/03/2015
45 The daily Jugantor 26/05/2015.
46 The daily Manabzamin, 22/01/2015
47 The daily Prothom Alo, 12/02/2015
13
authority is also struggling to maintain such huge numbers of inmates.
Scarcity of food, medicine, water and sanitation are just some of the problems.
400 inmates are kept in a room meant for 100 only. Severe environmental and
health disasters have been caused due to toilets becoming unusable. Most of
the inmates had to pass sleepless nights. In many jails, inmates were being
kept in tents.48 Furthermore, those who are released on bail were arrested
again on other charges, from the jail gate.49 Most of the family
members/relatives of inmates were found to be anxious and upset.
38. On February 10, 2015 Abul Kashem, brother of a grocer named Akbar Ali,
broke into tears after meeting him in Dhaka Central Jail. Abul Kashem said
that his brother was passing a miserable time. He fell sick in jail and was
exhausted due to lack of sleep.50
Death in Jail
39. According to information gathered by Odhikar, from January to June 2015, 26
persons reportedly died in jail. Among them 25 persons died allegedly due to
‘illnesses’, and one person allegedly committed suicide.
40. It is alleged that due to lack of treatment facilities and negligence by the
prison authorities, many prisoners became ill, which caused their death.
41. On May 3, 2015 a convicted prisoner of the BDR Mutiny51 and former MP of
BNP, Nasiruddin Pintu died in Rajshahi Medical College Hospital.52 His
family alleged that Pintu was killed intentionally by being deprived of proper
treatment. The Head of the Cardiology Department of Rajshahi Medical
College Hospital, Dr. Rais Uddin stated that on May 2, 2015 he went to see
Pintu at Rajshahi Central Jail. However, when the doctor went to prison, the
Superintendent of Prison, Shafiqul Islam, did not give him permission to treat
Pintu.53
42. Odhikar demands the better treatment for all inmates in every jail.
Deprivation of treatment to inmates is a violation of human rights.
Allegations of enforced disappearance against law enforcement
agencies
43. According to information gathered by Odhikar, from January to June, 2015, 38
persons have been disappeared after being picked up allegedly by the men
48 The daily Naya Diganta, 08/02/2015
49 The daily Manabzamin, 18/01/2015
50 The daily Bangladesh Protidin, 11/02/2015
51 On 25-26 February 2009, a mutiny was carried out, allegedly by junior officers and members of the Bangladesh Rifles
(BDR)- now known as the Border Guard Bangladesh (BGB)- at the BDR Headquarters at Pilkhana in Dhaka. The mutiny
resulted in the deaths of 78 BDR officers, and spread to BDR camps across the country. Many lower ranking BDR personnel
were arrested and tried in Special Courts.
52 Report sent by human right defender associated with Odhikar from Rajshahi
53 On April 23, 2015 the Directorate of Prison issued a letter to Rajshahi Medical College Hospital regarding treatment of
Nasir Uddin Pintu.
14
claiming to be members of law enforcement agencies. Among them, eight
were found dead and 20 were later produced before the Court and the
whereabouts of 10 persons are still unknown.54
44. Several incidents of enforced disappearance have been reported during the
violent political situation from January to March 2015. This is a dangerous
indicator of the deteriorating law and order situation and impunity of the
security forces. In the past, incidents of enforced disappearance were denied
by responsible persons of the government and no action was taken against
any member of law enforcement agencies, despite having evidence after
investigation by the Home Ministry. As a result, incidents of enforced
disappearance continue.
45. On January 14, 2015 at around 3:00 pm, men claiming to be members of the
Joint Forces conducted an operation in Mithapukur in Rangpur District and
picked up Al-Amin Kabir (35), his wife Beauty Begum (30) and housemaid
Moushumi (30) from their house. Al-Amin’s cousin Tariqul Islam informed
Odhikar that a bus was set on fire at the Mithapukur area during the ongoing
blockade, on January 13, 2015. Due to this incident, on January 14, 2015 at
around 2:30 pm, men from the Joint Forces wearing RAB, BGB and police
uniforms, conducted an operation in their area. They attacked Al-Amin’s
house at around 3:00 pm; vandalized the home; dragged Al-Amin to the
courtyard, tied his hands and legs and beat him severely. Al-Amin’s wife
Beauty and their domestic help stepped forward to save him. But they were
also picked up in the car with Al-Amin. Al-Amin was a court typist and was a
BNP supporter. The whereabouts of the three persons are still unknown even
after six months.55
46. On February 12, 2015 at around 1:00 am, Nur Alam, General Secretary of
Pallabi Thana unit Jubo Dal56, was taken away from his elder brother’s house
in Gazipur by approximately 10 plain clothed armed men claiming to be
members of a law enforcement agency. On February 26, Nur Alam’s wife,
Rina Alam, alleged in a press conference at the Dhaka Reporters Unity, that
while taking her husband away from the house, the armed men told her to
contact Joydevpur Police Station in the morning. She contacted the police
station, hospital and DB police office but could not find Nur Alam. Since then,
his whereabouts remain unknown.57
54 According to information gathered by Odhikar from January 2009 to June 2015, 208 persons have been disappeared; of
them, 28 were later found dead and 71 were later produced before the Court or freed in different places. Still now, there is
no whereabouts of 109 disappeared persons. Odhikar only documents allegation of enforced disappearance where the
family members or witnesses claim that the victim was taken away by people in law enforcement uniform or by those who
said they were from law enforcement agencies.
55 Information gathered by Odhikar
56 Youth wing of Bangladesh Nationalist Party (BNP)
57 The daily Manabzamin, 26/02/2015
15
47. Joint Secretary General of BNP and former Deputy Minister Salah Uddin
Ahmed was allegedly picked up by members of the law enforcement agency
from a house in Sector-3 at Uttara, Dhaka. Salah Uddin’s wife Hasina Ahmed
informed Odhikar that Salah Uddin was operating party programmes in
hiding at a residence belonging to a relative in Uttara.58 She said that security
guard and caretaker of the house, Akhtaruzzaman told her that on March 10,
2015 at around 10:10 pm, two RAB cars and two police cars came and parked
in front of the house and blocked the road for a while. Later some men in
plain clothes claiming to be the members of law enforcement agencies,
entered the house forcibly and took Salah Uddin Ahmed away in blindfolds.59
In the meanwhile, Salah Uddin Ahmed’s personal secretary Osman Gani and
his driver Shafique and Khokan were picked up by men in plain clothes,
claiming to be from law enforcement and later handed over to the police
station. 63 days after his disappearance on May 11, 2015 he was left in a street
in front of the golf club in Shillong, the Capital of Meghalaya, India by some
abductors. Salah Uddin informed the Shillong police, with the help of local
people and police arrested him.60 Later, they admitted Salah Uddin to a
hospital called Meghalaya Institute of Mental Health and Neuro Sciences. On
May 12, 2015 he called his wife Hasina Ahmed in Bangladesh by a cell phone
taken from a hospital employee; and informed her of his whereabouts.61 On
May 18, 2015 when he was being taken for a CT scan from one building to
another at the Shillong Civil Hospital, Salah Uddin Ahmed informed the
journalists that he was confined in a room for 63 days after his abduction. On
May 11, 2015 the abductors left him after a 12 or 14 hour long journey, in a
spot beside Shillong Golf Course. He was blindfolded and his mouth and
hands were tied during the whole journey.62 On May 26, 2015 he was taken to
Shillong Police Station after treatment where a case was filed against him
under the Foreigners Act, 1946 of India as he had entered India without a
passport.63 Currently Salah Uddin is on conditional bail. As per the condition
he had to live in Shillong and also present himself at the police station once
every week.64
48. Odhikar believes that the law enforcement agencies have become
uncontrollable as they are being abused politically. As a result, they are
involved in human rights violations, including enforced disappearance.
Odhikar expresses grave concern regarding the incidents of enforced
disappearance and also demands that the Government rescue or recover the
58 Salah Uddin Ahmed was sending updates and press releases everyday as most of the top/senior leaders of BNP are in jail.
59 Information gathered by Odhikar
60 The daily Prothom Alo 19/05/2015.
61 The daily Manabzamin, 13/05/2015.
62 The daily Prothom Alo 19/05/2015.
63 The daily Prothom Alo, 27/05/2015.
64 The daily Naya Diganta, 24/06/2015
16
victims of enforced disappearances and take stern action against the
perpetrators by forming an impartial and independent inquiry committee.
Lack of accountability of law enforcement agencies
49. The government is abusing the law enforcement agencies in order to resist the
opposition political parties. As a result, they are enjoying impunity. For this
reason, many members of the law enforcement agencies have been engaged in
unlawful activities.
50. On February 23, 2015 at around 3:30 am, Mahmudur Rahman Manna, the
Convener of Nagorik Oikya65, was picked up by a group of men who said
they were members of the DB Police, from a residence at Banani in Dhaka.
Dhaka Metropolitan Police and DB Police denied arresting him. On February
24, 2015 at midnight RAB members handed Manna over to Gulshan Police
Station and claimed that they had arrested Manna at around 11:00 pm on
February 23, from in front of Star Kebab Restaurant in Dhanmondi, Dhaka. A
case was filed against Manna with Gulshan Police Station under section 131 of
the Penal Code66 for allegedly instigating the Army.67
51. On February 24, 2015 members of law enforcement agencies conducted an
operation at Dewanji Bari area of Baralia village in Dattapara union under
Lakkhipur Sadar Upazila. During the operation, they picked up 60-year old
Shamsunnahar, the mother of Dattapara Union Ward unit Jubo Dal President,
Sumon, after being unable to arrest him; and took her to Chandraganj Police
Station. She was detained in the police station for five days.68
52. On April 20, 2015 at around 10:00 pm, a 70-year old man named Abdul Majid
went out to buy medicine at the Battala area in Baunia under Turag Police
Station in Dhaka. At that time some men called out to him from a microbus
parked beside the road. When he approached the microbus one of them asked
him to get in. Abdul Majid asked for their identity and they claimed they
were police. He refused to get into the microbus at night with strangers. This
irritated them, and they beat him severely on the street. Abdul Majid was
admitted to Dhaka Medical College Hospital the same night. The Officer-in-
Charge of Turag Police Station, Mahbube Khuda said that a team of police of
Joydebpur Police Station under Gazipur district were responsible for this.69
53. Odhikar expresses grave concern over the unlawful acts of the law
enforcement agencies. Odhikar demands the members of law enforcement
65 Citizens Unity
66 Section 131 of the Penal Code states, Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
the Army, Navy or Air Force of Bangladesh, or attempts to seduce any such officer, soldier, sailor or airman from his
allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
67 The daily Prothom Alo, 26/02/2015
68 The daily Manabzamin. 01/03/2015
69 The daily Prothom Alo, 21/04/2015
17
agencies who are involved in such unlawful activities be immediately brought
to justice. No one is above the law.
Hindrance to freedom of the media
54. According to information gathered by Odhikar, from January to June 2015, 46
journalists were injured, three were assaulted, 29 were threatened, two were
attacked, one was tortured, five were arrested and 10 were sued.
Furthermore, eight local newspapers were shut down.
55. In the first six months of 2015, the government intimidated and filed cases
against the media and also arrested citizens for expressing their free opinions.
In addition to this, members of the law enforcement agencies attacked
journalists at the time they were gathering information. Meanwhile lack of
professionalism amongst journalists was also observed, in terms of neutrality,
due to enormous partisan/favouritism.
56. The present government is controlling most of the media, particularly the
electronic media. The only state-sponsored TV, Bangladesh Television (BTV)
broadcasts news relating to the government and about the ruling party.
Meanwhile the government closed down the pro-opposition electronic and
print media, such as Channel 1, Diganta TV, Islamic TV and the publication of
the daily Amar Desh. In recent times, the government is also putting pressure
on the media in various ways; and as a result, the broadcasting and
publishing of accurate and neutral news are being hindered. On February 24,
2015 Sompadok Parishad (Editors Council), an organisation of the editors of
the national dailies, organised a meeting. In a press statement in this regard, it
was stated that currently it had become difficult to work independently in the
print and electronic media. Incidents of attacks on journalists are taking place
in the name of political programmes. The freedoms of the press and the
broadcasting media are also being curtailed. Several false cases have already
been filed against some editors and publishers. Furthermore, a fearful
environment has been created by arresting a number of private TV channel
owners. Interfering in TV talk-shows and banning some talk-shows has also
occurred.70 Later Sompadok Parishad (Editors Council) expressed grave
concern in another meeting held on April 4, 2015, regarding incidents of
torture, attack and harassment on journalists by police, influential politicians
and by local criminals; and over a recent letter from the Press Council.71
57. In the night of January 4, 2015 a private TV channel ‘Ekushey Television
(ETV)’ telecasted live 50-minute statements of BNP Vice-Chairman Tareque
Rahman, from the United Kingdom. Later, in the morning of January 6, 2015,
the Detective Branch (DB) police arrested ETV Chairman Abdus Salam from
70 The daily Prothom Alo, 25/02/2015
71 The daily Prothom Alo, 08/04/2015
18
the ground floor of the ETV office. Later he was shown as arrested in a case
filed under the Pornography Control Act. On January 8, 2015 the Sub
Inspector of Tejgaon Police Station, Borhan Uddin filed a sedition case72
against Tareque Rahman and Abdus Salam and ‘four or five unnamed
persons’ after getting an approval the Ministry of Home Affairs.73
58. On January 9, 2015 Chhatra Dal brought out a procession from Rajshahi
College campus in support of the blockade programmes. Hearing this news,
journalists went to cover the procession. The protestors ran away when police
chased them. After that, police attacked the journalists. Jamuna TV reporter
Sohrab Hossain was injured during this attack.74
59. On January 13, 2015 a team of DB police arrested BNP’s Information and
Research Secretary, Habibur Rahman Habib from outside the studio of
Channel 24, after he had taken part in a talk-show. Human rights activist
Mohammad Nur Khan and the Prime Minister’s Press Secretary Abul Kalam
Azad also participated in the talk show. Mohammad Nur Khan said that
Habibur Rahman Habib had criticized the government strongly for confining
BNP Chairperson Khaleda Zia.75
60. A staff reporter of the daily Jugantor, Mohammad Hanif was given death
threats by the President of Noakhali Maizdi city unit Awami League, Abdul
Wadud Pintu. On April 24, 2015 Hanif published this incident in the daily
Jagantor. This irritated Abdul Wadud Pintu and he, along with five criminals,
including Rafi, Rajib and Raju attacked the office of journalist Hanif located at
Town Hall Mor on the same day. Hanif was injured and his office furniture
vandalized.76
61. On May 12, 2015 Justice Abu Ahmed of the Special Judge Court-3 set up in
the field of Alia Madrassa at Bakshibazar, gave an embargo against the
publication of the statement given to the Court by the Acting Editor of the
daily Amar Desh Mahmudur Rahman.77
62. On May 20, 2015 the Deputy Commissioner (DC) of Munshiganj, Mohammad
Saiful Hassan Badal abruptly cancelled the publication (declaration) of eight
local newspapers published from Munshiganj without any reason or notice.
These are the Doinik Deshseba, Saptahik Munshiganj, Saptahik Munshiganj
Songbad, Saptahik Bikrampur Songbad, Saptahik Kagojer Khobor, Saptahik
Munshigonjer Bani, Saptahik Khola Kagoj and Saptahik Shotto Prokash.78
72 According to fifteenth amendment of the Constitution of Peoples’ Republic of Bangladesh which was passed on June 30,
2011, death penalty is the highest punishment for sedition.
73 The daily Prothom Alo, 09/01/2015
74 The daily Jugantor, 10/01/2015
75 The daily New Age, 14/01/2015
76 Report sent by human right defender associated with Odhikar from Noakhali.
77 The daily Amar Desh (online) 13/05/2015. Mahmudur Rahman has been in jail for 26 months due to reports in his paper
criticising the Government and the Judiciary, He was tortured in police remand prior to being sent to jail custody.
78 Report sent by human rights defender associated with Odhikar from Munshiganj.
19
63. On June 18, 2015 a news relating to human trafficking and drugs (Yaba)
smuggling was published in the daily Prothom Alo. In protest of this news,
former member of Teknaf Union Parishad, Kalu Mia, threatened to kill the
Prothom Alo Teknaf correspondent, Giasuddin, when Giasuddin was at a
meeting held under a banner of Teknaf Municipality unit Jubo League, in
front of Teknaf Upazila unit Awami League office.79
64. Odhikar expresses grave concern over acts of pressure on the media,
threatening and filing cases against journalists and closing down newspapers.
Such actions violate the freedoms of speech and expression.
Freedom of expression
65. On May 20, 2015 Mohammad Kamruzzaman, Deputy Assistant Officer (Land)
from Kushdi of Barishab Union under Kapasia Upazila in Gazipur was
temporarily suspended as he allegedly criticized the government on his
facebook account. Kapasia Upazila Nirbahi Officer (UNO)80 Anisur Rahman
informed journalists that such action was taken as Kamruzzaman made
objectionable comments on his facebook account against the government and
the administration. At the same time a departmental decision has been made
to file a case against him.81
66. On June 10, 2015 the International Crimes Tribunal-2 punished the founder
Director of Gonoshasthaya Kendra (a public health centre) Dr. Zafrullah
Chowdhury on the allegation of Contempt of Court. The Tribunal gave him
punishment by making him stand in the Court dock for one hour and he was
also fined Taka five thousand. Failing to pay, would result in one month
detention in jail. On June 16, 2015 Justice Hasan Foyez Siddiqui of the
Appellate Division of the Supreme Court stayed the monetary punishment,
given by the International Crimes Tribunal to Dr. Zafrullah Chowdhury, till
July 5. It is to be mentioned that the International Crimes Tribunal-2 on
December 2, 2014 punished to journalist David Bergman for ‘spreading
confusion’ regarding under-trial matters of the case, through writing on his
blog. In protest of that, a statement of 50 citizens was published in the daily
newspapers. 26 persons out of the 50 who made statement, were acquitted
from the charge of the Contempt of Court by taking unconditional mercy.
One of them had withdrawn his name from the statement. On April 1, 2015
the International Crimes Tribunal-2 issued a rule against 23 persons for
Contempt of Court.82
79 The daily Prothom Alo, 19/06/2015
80 Upazila (Sub-district) Executive Officer.
81 The daily Manabzamin, 24/05/2015.
82 The daily Jugantor, 11/06/2015 and the daily Manabzamin, 17/06/2015
20
Use of the repressive Information and Communication Technology Act
2006
67. The repressive Information and Communication Technology Act 2006
(amendment 2009 & 2013) is still being applied. The latest amendment to the
ICT Act was made on October 6, 2013. Section 5783 of the ICT Act 2013, states
that publishing or transmitting in a website in electronic form, of any
defamatory or false information is considered to be a cognizable and nonbailable
offence. Moreover, punishment for committing this offence has been
amended from a maximum of 10 years, with no minimum to a term of a
minimum of seven years and maximum of 14 years imprisonment and a fine
of Taka 10 million. This law has curtailed the freedom of expression and the
government is using this Act against human rights defenders, journalists,
bloggers and people who have alternative opinions. According to Odhikar
documentation, from January to June, 2015, 14 persons were arrested under
the Information and Communication Technology Act 2006.
68. On January 23, 2015 police of Ramna Model Police Station arrested Firdatul
Muntaha Sanjida, a student of the English Department at the World
University, for allegedly commenting and uploading pictures mocking the
Prime Minister Sheikh Hasina and her son Sajib Wazed Joy on facebook. On
January 21, 2015 a photographer of Bangladesh Television named Sayeed Ibne
Masud filed a case against Sanjida and her relative Gofran Mia under the
Information and Communication Technology Act 2006 (amendment 2009 &
2013). It was alleged in the case that a facebook account was opened using
Masud’s name and photograph and making defamatory comments against
the Prime Minister Sheikh Hasina and her son Sajib Wazed Joy. Regarding
this matter, Sayeed Ibne Masud said that Gofran Mia was his business
partner. Later they were separated due to various reasons which led to
disputes between the two.84
69. On February 8, police arrested a youth named Rubel Hossain (22), from
Majibur Telecom Shop after conducting an operation at Milon Chowdhury
Market in Shapahar under Naogaon District, for allegedly uploading mocking
pictures of the Prime Minister Sheikh Hasina into a memory card of his cell
phone. Police filed a case against both the owner of Majibur Telecom, Sohel
83 Section 57 of the ICT Act states: (1) If any person deliberately publishes or transmits or causes to be published or
transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the
image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization,
then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable for a term of minimum of seven
years’ imprisonment and a maximum of 14 years or a fine of Taka one crore or both.
84 The daily Manabzamin, 24/01/2015
21
Rana Majibur and Rubel Hossain under the Information and Communication
Technology Act 2006 (amendment 2009 and 2013).85
70. On February 20, a 17-year old boy, Rifat Abdullah Khan, was picked up while
coming home from an exam and later shown arrested under the Information
and Communication Technology Act 2006 (amendment 2009 and 2013).86
71. On May 18, 2015 a youth named Roman Palwan (28) was arrested by the
Detective Branch (DB) of police from Sadarghat of Bhola and a case was filed
against him under section 57(1) of the Information and Communication
Technology Act 2006 (Amended 2009 and 2013). It is alleged that he had
posted a cartoon image of the Prime Minister, Sheikh Hasina on his facebook
account. He is now detained in Bhola District Jail.87
72. On June 16, 2014 Dhaka Metropolitan Detective Branch (DB) Police arrested S
M Shakhawat Hossain, Editor of an online newspaper ‘Islamic News 24.com’
for allegations of communal incitement. His family stated that S M Shakhawat
Hossain was told to visit the DB office. As a result, on June 16 he went to the
DB office. After that he did not return home. The next day DB Police
conducted an operation at his home and confiscated some documents,
including his laptop. DB Police officers stated that Buddhists in Myanmar are
inhumanly suppressing Rohingya Muslims and S M Shakhawat Hossain
wrote an online newspaper and posted many status on his facebook account
by urging all the Muslim populations in the world, including Bangladesh to
resist against this suppression. For this reason, a case was filed against him
under section 57(1) of the Information and Communication Technology Act
2006 (amendment 2009 and 2013).88
Another draft repressive law on internet usage
73. Apart from the ICT Act 2006, the government has taken an initiative to enact
another rigid law on internet usage. In the draft law, the maximum
punishment will be 20 years of imprisonment and the accused can be arrested
without any warrant. It is said in the proposed draft law, that police can take
any necessary measure, including breaking doors and windows, in order to
seize computers of the accused persons. Furthermore, any offense relating to
the crimes committed outside the territory of Bangladesh can be tried in the
domestic court.89
85 The daily Naya Diganta, 11/02/2015
86 See details of his case under the heading of ‘Allegations of enforced disappearance against law enforcement agencies’ in
this report.
87 The daily Prothom Alo 19/05/2015.
88 The daily Naya Diganta, 18/06/2015
89 The daily Prothom Alo9, 15/06/2015
22
Killing of bloggers
74. On February 26 at around 8:45 pm, US citizen and blogger Avijit Roy (42) and
his wife Rafida Ahmed Bonnya (35) were attacked by two criminals while
they were waiting for tea at a road side stall in front of Suhrawardy Uddan
adjacent to TSC90 in the Dhaka University campus, after coming out of the
Ekushey Book Fair91. Two armed criminals attacked them in the presence of
police and fled the scene after stabbing them indiscriminately with sharp
weapons. Both were admitted to the Dhaka Medical College Hospital, where
Avijit Roy succumbed to his injuries at around 10:30 pm. At the time of the
incident, there was huge gathering at the TSC area due to the annual book
fair; and three layers of police security surrounded the book fair too. Despite
the tight security presence, the criminals were able to attack the couple and
escape.92
75. On May 12, 2015 blogger Ananta Bijoy was killed by four masked men at
Subidhbazar Nurani Dighirpar area of Sylhet in broad day light, while he was
going to Pubali Bank at Jawabazar in Chhatak. In the afternoon, a so-called
‘outfit’, Ansarullah Bangla Team acknowledged his killing in a twitter
message. Two hours before his death Ananta Bijoy had criticized the Member
of Parliament of Sylhet-393, who had wished to whip Professor Jafor Iqbal of
Shahjalal Science and Technology University and had also mentioned that the
present Parliament was an unelected one.94
76. Odhikar expresses grave concern as the freedom of expression is being
violated. Odhikar believes that it is a misuse of power to arrest and harass
persons whose opinions go against the government. Odhikar demands the
government repeal the draconian Information and Communication
Technology Act 2006 (Amended in 2009 and 2013) and also expresses concern
over taking initiative to enact a new more repressive law on internet usage.
Odhikar demands justice through impartial investigations into the killings of
bloggers.
Barriers to meetings and assemblies
77. The right to freedom of assembly and the holding of peaceful meetings, rallies
and processions are the democratic and political rights of every citizen, as
enshrined in Article 37 of the Constitution of the People’s Republic of
Bangladesh. Moreover, putting up barriers to the holding of peaceful
90 The Teacher-Student Centre of the University of Dhaka is an important social and activity centre which is equally a
historically significant architectural monument.
91 Ekushey Book Fair is called Amar Ekushey Boi Mela in Bengalee which means Book Fair of Immortal 21st of February. This
book fair is the biggest book fair as well as national book fair of Bangladesh. Ekhushey Book Fair is held every year in
February in the Bangla Academy premier for a month.
92 The daily Prothom Alo, 27/2/2015 and 28/02/2015
93 Mahmud Samad Chowdhury Kayes.
94 Report sent by human rights defender associated with Odhikar from Sylhet.
23
meetings by police, is a violation of constitutional and fundamental human
rights. The government is putting bars on meetings and assemblies of the
opposition and groups with alternative beliefs; and also engages the police
and party activists to attack such gatherings and conduct mass arrests. The
BNP led 20-Party Alliance took initiatives to organise a meeting in Dhaka,
declaring January 5 as ‘death of democracy’ day to commemorate one year of
the holding of the controversial January 5, 2014 Parliamentary Elections. The
government barred that meeting and BNP Chairperson Khaleda Zia was
confined in her political party office at Gulshan, Dhaka; which resulted in
massive political violence across the country for about three months.
78. Between January – June 2015, many incidents of barring and attacking on
meetings and assemblies have taken place. Some such incidents are given
below:
79. On March 3, 2015 at around 11:15 am, members of the Progotishil Chhatra
Jote95 were gathering together to hold a meeting in protest of the death of
blogger Avijeet Roy, after a protest rally on the Rajshahi University campus.
A group of police, led by Assistant Commissioner of Rajshahi Metropolitan
Police, Rakibul Alam came and stopped the meeting. Activists of Progotishil
Chhatra Jote asked the police if Chhatra League96 activists were allowed to
hold meetings and rallies on campus and if so, why can’t they? ACP Rakibul
Alam said, “only Chhatra League is allowed to conduct meetings and rallies
on this campus, you are not”. Progotishil Chhatra Jote could not hold the
meeting due to police obstruction. On the same day the Chhatra League
brought out a procession and conducted a meeting on the University
campus.97
80. On April 23, 2015 the Awami League supported Projonmo League98 attacked
a human chain organised by Jatiyatabadi Sangskritik Jote99 in protest of
attacks on the motorcade of Khaleda Zia, in front of the National Press
Club.100 Later on April 25, a group of 30-35 activists of the ruling party led by
Amir Hossain, attacked a human chain at the same place, organised by
Swadhinota Forum101 in protest of attacks on the motorcade of Khaleda Zia.
During the attack BNP executive member and former parliamentarian,
Khaleda Yeasmin, was beaten.102
81. Many women became victims of sexual harassment on the Dhaka University
campus during the celebration of Bangla New Year on April 14, 2015. On May
95 Progressive Students Alliance
96 Student wing of Awami League
97 The daily Manabzamin, 04/03/2015
98 A pro-Awami League organisation
99 BNP supported cultural alliance
100 The daily Manabzamin, 26/04/2015
101 A pro-BNP organisation
102 The daily Jugantor, 26/04/2015
24
10, 2015 leaders and activists of Progatishil Chhatrajote103 and Anti-
Colonialism Student Alliance, brought out a rally in order to surround
DMP104 Headquarters in protest of police failing to arrest the criminals who
were involved in sexual harassment on the Dhaka University campus.105 At
that time police barred them in front of the officers’ quarters adjacent to the
DMP Headquarters. The protestors sat on the street, chanting slogans
ignoring the police barricade. They also asked police for the specific time
when the attackers would be arrested. At one stage, police baton charged the
protesting students and also used a water cannon and threw tear gas shells.
During this atrocity, women activists were also physically attacked by male
police. A female activist named Ismat Jahan was seen being kicked and pulled
by her hair by male police. This incident was published in various media.106
82. On June 3, 2015 police arrested three activists of the left-leaning organisation,
Jatiya Mukti Council, namely Obaidur Rahman, Sumon Mallik and Foysal
Ahmed Bappa from in front of the National Press Club, while they were
distributing leaflets in protest of the Indian Prime Minister Narendra Modi’s
visit to Dhaka.107 Later they were taken into one day remand.
83. On June 6, 2015 some left-leaning organisations, including the Jatiya Mukti
Council, organised gatherings in front of the National Press Club, Dhaka, in
protest of the killing of Bangladeshi citizens by the Indian BSF and Indian
aggression, including making a unilateral barrage on the 54 undivided
international rivers, including the Ganges-Teesta-Brahmaputra, during the
Indian Prime Minister Narendra Modi’s visit to Dhaka. At that time police
attacked the leaders and activists of organisers when they started chanting
slogans against Indian interference on Bangladesh. Some activists were
injured. Police also arrested seven persons from the place of incident.
Arrestees were Ahmed Mohiuddin from Jatiya Mukti Council; Deepa Mollik
from the Chhatra Federation; Zafar Hossain and Zakir Sumon from Naya
Gonotantrik Gonomorcha; and Shariful Islam, Tapati Barman Toma and
Sayema from Somajtantrik Chhatra Front.108
84. Every citizen has the right to freedom of assembly and the holding of peaceful
meetings, as enshrined in Article 37 of the Constitution of the People’s
Republic of Bangladesh. Banning and attacking meetings and assemblies
imply the shutting down of democratic space and also violations of human
rights.
103 An alliance of progressive students.
104 Dhaka Metropolitan Police.
105 The daily Prothom Alo, Jugantor, 15/04/2015.
106 The daily Manabzamin, 11/05/2015.
107 Press release of Jatiya Multi Council
108 The daily New Age, 07/06/2015 and press release from Jatiya Mukti Council
25
B. Approval of draft Mobile Court (amendment) Act 2015
85. On June 22, 2015 the Cabinet approved the ‘Mobile Court (amendment) Act
2015’ by increasing the authority of the mobile courts. If the Law is passed,
the power of the mobile courts function by the Executive Magistrates will
increase. There is a provision for giving punishment to the accused by taking
into consideration substantial evidence and statements of the witnesses, even
if the accused do not confess to the offense. Furthermore, the provision of
using information technology has also been included in the proposed
amendment. The present mobile courts can only punish if the accused persons
acknowledge their crime. It is to be noted that Mobile Court Act was enacted
in 2009 after giving a declaration of the separation of the Judiciary from the
Executive.109
86. Odhikar expresses concern over the approval of the draft Mobile Court
(amendment) Act 2015 by the Cabinet. Through this amendment, the
authority of the mobile court has been increased. In the past, several incidents
of instant punishment took place through mobile courts after police arrested
innocent passers-by. Odhikar believes that there will be an immense
possibility of misuse of this law as the power of the present mobile courts has
been increased. Giving punishment through the mobile courts is contrary to
fundamental rights, because there is no scope for self defense.
C. Public lynching
87. According to Odhikar documentation, from January to June 2015, 68 persons
were killed, allegedly due to public lynching by mobs.
88. Odhikar believes that the lack of respect for law; distrust of law enforcement
agencies; and due to the weak criminal justice system, the tendency of taking
the law into one’s own hands is increasing, as people are losing their
confidence and faith in the police and Judiciary.
D. Myanmar and Indian Border issues
89. Like the Indian Border Security Force (BSF), the Border Guard Police (BGP) of
Myanmar is now violating the human rights of Bangladeshi citizens by
entering into Bangladesh territory along the Bangladesh-Myanmar border. It
is to be noted that three sides of Bangladesh shares a border with India and
the South-Eastern part of the country has a border with Myanmar.
90. Issues relating to human rights violations at the border by BSF and refusal of
water sharing from 54 undivided rivers with India, have become barriers to
Bangladesh for a friendly relationship with India. Till date, Bangladesh’s
109 The daily Prothom Alo, 23/06/2015
26
position and its right to get a proper share of water from 54 undivided rivers
are not recognised. Bangladesh was repeatedly assured water flow from
Teesta river, but it was never implemented. No agreement was signed in this
regard during the Indian Prime Minister Norendra Modi’s recent visit to
Bangladesh. In addition to that, incidents of human right violations, including
killing and torturing Bangladeshi citizens by BSF at the border continue. Over
the years, BSF has also been repeatedly shooting at anyone seen near the
border or anyone trying to cross the border; and illegally entering
Bangladesh, which is a clear violation of international law and human rights;
and a threat to the sovereignty of Bangladesh.
91. According to information collected by Odhikar, between January and June
2015, 23 Bangladeshis were killed by the Indian Border Security Force (BSF).
Of them 13 were gunned down, eight were tortured to death, one Bangladeshi
youth was picked up by the BSF members and later, he died at a hospital in
India and one was slaughtered by a sharp weapon by the BSF. During this
period, 35 Bangladeshis were injured. Of them 24 were injured by bullets,
seven were tortured, one was stabbed and three were injured by BSF by bow
and arrow and catapult. In addition, 17 Bangladeshis were allegedly abducted
by BSF.
Incidents along India-Bangladesh Border
92. On February 2, 2015 a group of Bangladeshi peasants were irrigating a paddy
field near the main pillar 295 at Chapra border in Binail Union under
Birampur Upazila in Dinajpur District. At around 10:00 am, they stopped
their work and went to a pond nearby to wash up. At that time, a group of
BSF members aimed their rifles at the farmers. One of the farmers named
Nazrul asked the BSF what they wanted; and he was shot in the chest and
died on the spot. Another worker named Sahajul was injured. The BSF
attacked them in Nayapukurpar, at least 50 yards inside Bangladesh
territory.110
93. On March 22, 2015 a Bangladeshi citizen named Tariqul Islam (35) was shot
dead by BSF at the Wahedpur border under Charpaka union of Shibganj
Upazila in Chapainawabganj District in Bangladesh. On March 22 at around
1:00 am, Tariqul Islam, son of Yusuf Ali of Jamaipara village, along with four
others were trying to enter India through international pillar 16/4-S to bring
over cows. At that time, 20-Battalion BSF members of Chandnichok Camp
shot at them. Tariqul Islam was shot and his associates rescued him and
brought him home, where he died at around 2:30 am.111
110 The daily Prothom Alo, 03/02/2015
111 Report sent by human right defender associated with Odhikar from Chapainawabganj.
27
94. On April 22, 2015 at around 11:00 am, a Bangladeshi woman named Hashura
Khatun (35), a resident of Chancha area of Jessore, was beaten by BSF in
Petrapole BSF Camp when she was returning to Bangladesh legally through
Benapole Check post. Hashura’s cousin Tuni Begum said that they were
returning from India together. They bought some gifts for relatives after
reaching the Petrapole check post. After clearance of immigration and
customs, suddenly BSF members from no-man’s land caught Hashura and
took her to the camp before she could enter the Bangladesh side. At that time
BSF demanded a bribe from her for taking Indian goods to Bangladesh.
Hashura was beaten and became unconscious as she refused to give bribes.
Later BSF sent her off towards the Bangladesh check post on a rickshaw
van.112
95. On May 14, 2015 a Bangladeshi cattle trader named Antor Islam was shot
dead by BSF at sub pillar no. 1 of main pillar 843 of the India-Bangladesh
border in Patgram under Lalmonirhat District. The BSF also took away his
body. Later in a Battalion Commander level flag meeting between BSF and
BGB, BSF members returned the body of Antor.113
96. On June 11, 2015 a Bangladeshi cattle trader named Shahidul Islam (30) was
slaughtered by BSF near the sub-pillar 3S of the main pillar no. 237 at
Kolmudanga border under Shapahar Upazila in Naogaon District.114
Incidents along the Bangladesh Myanmar border
97. At the end of 1991, the then Myanmar Border Guards Nasaka attacked Reju
Fatrajhiri BDR115 Camp at Ghundhum border in Naikkhongchhori and looted
arms and ammunition after killing a BDR member of Bangladesh. Due to this,
acts of human rights violations occurred at the border area during that time
and as a result, about 250,000 Rohingyas took shelter in Bangladesh. On May
28, 2014 Border Guard Police (BGP) of Myanmar opened fire at Border Guard
Bangladesh (BGB) members of newly set up Painchhori BOP when a patrol
team of that Camp reached Dochhori and Techhori connecting areas of a canal
at Naikkhonchhori border in Bandorban District. At that time BGB’s Nayek
Subeder, Mizanur Rahman was shot and died on the spot. Such incidents
continue at the Myanmar-Bangladesh border.
98. In June 2015, Border Guard Police (BGP) of Myanmar shot one member of the
Border Guard Bangladesh (BGB) and abducted another BGB member by
entering into Bangladesh territory, from the Naf River in Teknaf.
112 Report sent by human right defender associated with Odhikar from Jessore.
113 The daily Jugantor, 15/05/2015.
114 The daily Jugantor, 12/06/2015
115 BDR: Bangladesh Rifles was the previous name of Bangladesh border security force. Now it has been re-named as
Border Guard Bangladesh (BGB) after the BDR mutiny in February 2009.
28
99. On June 17, 2015 a six-member team of BGB led by Nayek Abdur Razzak
were searching two boats, suspecting of drug smuggling at Bangladesh water
territory while they patrolling the Naf River in Taknaf under Cox’s Bazaar
District. At that time BGP members of Roigadong Camp of Myanmar entered
into Bangladesh territorial waters by a trawler and stopped near the trawler
of the BGB. BGP members forcibly took Nayak Abdur Razzak onto their
trawler when he told BGP to leave Bangladesh territory. When other members
of BGB obstructed this, an exchange of fire occurred between the two groups.
As a result, BGB jawan Biplob Kumar was shot and injured. Later, on June 18
at 12:40 am, three pictures of the arrested Nayak Abdur Razzak were
uploaded onto BGP’s facebook page. Blood was coming out from Abdur
Razzak’s nose and he was in handcuffs. BGP members were also seen
standing behind him.116 On June 25, 2015 BGP handed Nayak Abdur Razzak
over to the BGB after a flag meeting at Mongdu in Myanmar.117
100. Odhikar believes that it is the duty of the Bangladesh government to ask an
explanation from the Indian government, regarding the killings, abduction
and torture of Bangladesh citizens by BSF. Furthermore, Bangladesh
government has also to ask for explanation to the Myanmar government
regarding the attack and abduction of BGB member Abdur Razzak.
E. Violence against religious minority communities
101. Attacks on religious minority communities and their places of worship have
become a common phenomenon. The apathy of the government and the
administration regarding attacks on religious minority and their places of
worship is the single most worrying issue for human rights defenders
concerned about the safety and security of these communities. Such incidents
happen repeatedly due to the failure of arresting and punishment of
perpetrators. Furthermore, the systematic politicization of these incidents and
the ensuing blame game makes the situation more vulnerable. Some
influential and vested interest groups are attacking citizens belonging to the
Hindu community, taking opportunity of the violent political situation and
also vandalising and setting fire to places of worship.118
102. On January 5, 2015 the Criminal Investigation Department (CID) submitted a
charge sheet in Abhoynagar Cognizance Court in Jessore on the case relating
to the attacks at Malopara in Abhoynagar during parliamentary elections on
January 5, 2014. About 100 local BNP, Jamaat-Shibir leaders and activists were
116 The daily Prothom Alo, 18 and 20/06/2015
117 The daily Jugantor, 26/06/2015
118 It has been seen since the independence of Bangladesh that after every elections the religious minority communities
have been deliberately targeted for political and financial benefits. Awami League, BNP, Jamaat and Jatiya Party - all are
allegedly involved in this attack.
29
accused in the charge sheet. The inhabitants of Malopara stated that the
principal accused persons of this case were not incorporated in the charge
sheet and some irrelevant names were also included. One of the wounded
men and a resident of Malopara, Shekhar Kumar Barman said, “Many
innocent people have been included in the charge sheet, which is absolutely
wrong”.119
103. On January 9, 2015 a group of unknown criminals entered the Shree Krishna
Goshai temple by breaking the gate and vandalized idols and set fire to
objects used for worship, in Krishnapur village under Madhabpur Upazila in
Habiganj District.120
104. Jessore District Sanaton Bidyarthi Sangsad alleged that 31 Hindu families of
Shakharipota village under Sharsha Upazila were forced to leave the country
due to repression by the General Secretary of Bahadurpur Union unit Awami
League, Mofizur Rahman, under Benapole in Jessore. On January 19, 2015 a
human chain protesting this, was organised by Jessore District Sanaton
Bidyarthi Sangsad where the President of this Sangsad, Proshenjeet Thakur
made this allegation.121
105. Criminals attacked a Hindu temple and some houses belonging to Hindu
families in Bongram area under Gazipur City Corporation; and they looted
and vandalized valuables. Locals, including a Bongram inhabitant, Sunil
Chandra Barman stated that on the night of April 19, 2015 a group of 50-60
criminals led by a local influential persons, Rafiqul Islam, fired blank shots
near ‘Bongram Sree Sree Sudhonya Kripamoyee Kali Mandir’ (Hindu temple)
in Bongram area. Later criminals vandalized some houses and shops and
looted money in the adjacent area. Criminals broke four idols of gods and
goddesses at the Kali Mandir. At least six people were injured during this
attack.122
106. On May 1, 2015 two families belonging to the Hindu community, headed by
Shamoren Mandol and Bipul Mandol, had to leave their houses in fear of local
criminals and extortionists in Nathpara village under Shoilokupa Upazila in
Jhenaidah District. Furthermore, another family belonging to the Hindu
community, that of Dendranath Biswas of the same village, had left the
village in fear of criminals in April, 2015. Locals stated that Samoren Mandol
and Bipul Mandol had sold 12 decimals123 of land. Soon after that, criminals of
the adjacent Aushia village demanded money from them. Criminals were
regularly threatening them at home. As a result, they were forced to leave the
119 The daily Prothom Alo, 07/01/2015
120 The daily New Age, 10/01/2015
121 Report sent by human right defender associated with Odhikar from Jessore; the daily Manabzamin, 21/01/2015
122 Report sent by human right defender associated with Odhikar from Gazipur.
123 1 decimal= 1/100 acre (40.46 m²).
30
village for a few days.124 Recently they have returned to their home but they
are living in fear.
107. Odhikar urges the government to ensure the security of all citizens belonging
to the minority communities in Bangladesh. Odhikar strongly condemns the
incidents and also urges the government to bring the perpetrators before
justice.
F. Workers’ rights
Ready-made garment industries
108. According to information gathered by Odhikar, from January to June 2015, 96
workers were injured during workers unrest. Among them, 85 were injured
by the police and 11 workers were injured by the garment factory authorities.
Besides this, eight were injured by fire, 22 were injured in stampedes caused
due to panic in factory fires and for other reasons.
109. Garment manufacturing factories are a very large source of revenue for
Bangladesh and the factory workers are one of the main contributing factors
to this success. However, many factories were closed without notice, sudden
termination of workers and not providing wages on time are the main reasons
of workers unrest.
110. On April 16, 2015 the authority of Jabbar Fashion Factory in Fatulla under
Narayanganj district, declared the factory shut down and decided to shift it to
another location. On April 19, workers of that factory demanded that the
factory reopen; and they tried to enter the factory by breaking the locks.
Workers were entangled in an altercation with police when police stopped
them. Police baton charged and fired on the workers in an attempt to disperse
them. At least 10 workers, including seven women workers – Rehana (19),
Parveen (22), Moriam (18), Shiuly (22), Rekha (25), Rozina (22) and Munni (21)
were shot and injured. The injured persons were rescued by their fellow
workers and taken to Khanpur 300 Bedded Hospital.125
111. On April 25, 2015 in another incident of workers unrest, the authority of
Cadtex Garment at Katherpool area in Fatulla closed down the factory for an
indefinite period. In the morning of April 26, workers gathered to demand
that the factory reopen. At one stage they tried to bring out workers from the
adjacent factory, and were throwing brickbats at some other factories.
Hearing the news, police reached the spot and tried to control the situation;
but workers threw brickbats at police too. Police opened fire to disperse
aggressive workers, which resulted in 10 workers being injured.126
124 The Daily Ittefaq, 06/052015.
125 Report sent by human right defender associated with Odhikar from Narayanganj.
126 Report sent by human right defender associated with Odhikar from Narayanganj.
31
112. Odhikar believes that the workers need to be brought under synchronized
security programmes and it demands the government take necessary
measures to build the infrastructure of the factories systematically with
sufficient facility.
G. Violations of human rights of migrants on the open seas
113. On May 1, 2015 Thai security forces recovered 32 mass graves of Bangladeshi
and Myanmar citizens from a jungle in Sadao District under the Shongkhal
Province of Thailand, along the Malaysian border. It is believed that the
deceased were traveling to go abroad by sea as illegal migrant workers. At the
same time, Thai police also found some abandoned camps where migrants
were detained by their traffickers. It was leant that more than 10 thousand
poor Bangladeshis and citizens belonging to the Muslim minority Rohingya
population of Myanmar, enter Malaysia for work through this notorious
human trafficking route.127 Syndicates of human traffickers from Bangladesh,
Myanmar, Thailand and Indonesia have also been trafficking poor citizens of
Bangladesh and Myanmar by luring them with jobs in Malaysia.128 On May
16, 2015 at least 104 people died in a clash amongst migrants for food on a
boat floating near a Malaysian beach.129 Furthermore, on May 24 and 25, 139
more graves of victims of human trafficking were marked in 17 camps in
villages and towns under Perlis Province in Malaysia.130 Meanwhile about
five thousand people from Sirajganj, Satkhira, Bhola, Banskhali of Chittagong
and Kurigram, who were travelling to Malaysia with human traffickers are
still missing.131
114. Odhikar expresses grave concern regarding human rights violations of
migrants floating on the seas. There is no accurate statistics regarding the
number of migrants still floating on the seas. Moreover, the media is
publishing reports on missing people who were travelling to Malaysia from
different districts of Bangladesh by sea. The economic growth of Bangladesh
is about 6.1 percent132, however, people belonging to the extreme rich social
strata and the ultra poor have mainly flourished. As a result, poor people are
taking risk and travelling beyond borders through illegal human traffickers,
due to lack of livelihood. In the meanwhile, the Bangladesh government did
not give shelter to Rohingya refugees who are suffering in the camps in
Chittagong. Odhikar urges the government immediately to send ships and
bring the Bangladeshi citizens back; and demands that the government find
127 The daily Bangladesh Protidin, Prothom Alo and Manabzamin, 02/05/2015.
128 The daily Prothom Alo, Jugantor, 02/05/2015.
129 The daily Jugantor, 18/05/2015.
130 The daily Prothom Alo, 29/05/2015.
131 The daily Manabzamin, 14/05/2015.
132 Asian Development Bank (Fiscal Year June 2014), http://www.adb.org/countries/bangladesh/economy
32
out the people involved in human trafficking and bring them to justice.
Odhikar also urges the government to ensure food and work for all people by
taking into consideration the huge numbers of people leaving the country;
and reduce the disparity between rich and poor.
H. Violence against women
115. Violence against women is widespread in Bangladesh. Between January –
June 2015, a significant number of women were the victims of rape, dowry
related violence, acid attacks and sexual harassment. Odhikar believes that
women are being victimized mainly due to a patriarchal system and negative
mindset; lack of implementation of laws; failure of the Judiciary; lack of
victim and witness protection; corruption and criminalisation of the members
of law enforcement agencies; economic instability; and weak administration.
Since the perpetrators of violence against women escape punishment due to
various reasons, potential violators are encouraged and incidents of violence
increase.
Dowry-related violence
116. According to Odhikar documentation, between January – June 2015, 84
women were subjected to dowry violence. Of these women, 57 were killed
and 24 were physically abused in various other ways for dowry demands and
three women allegedly committed suicide. During this period, a victim’s
parents and her son were injured by her husband.
117. On February 4, 2015 a housewife named Ruba (35) was strangled to death by
her husband Alam over dowry demands in Munshipara area under
Thakurgaon District. Later Alam threw Ruba’s body in a septic tank from
where police recovered her body.133
118. On June 5, 2015 a housewife named Lata Monica (20) was strangled to death
over dowry demands of 30 thousand taka and her body was allegedly hung
from a ceiling fan in Elahinagar under Sonargaon Upazila in Narayanganj
District. Her father-in-law Zahed Ali, mother-in-law Momtaz and brother-inlaw
Mahbub are absconding since the incident. Monica’s husband left for
Dubai a few days after marriage.134
Rape
119. During the first six month of 2015, a total number of 298 females were
reportedly raped. Among them, 107 were women, 187 were children below
the age of 16 and the age of four victims could not be determined. Of the
133 Report sent by human right defender associated with Odhikar from Thakurgaon
134 The daily Naya Diganta, 09/06/2015
33
women, 17 were killed after being raped, 58 were victims of gang rape and
one committed suicide. Out of the 187 child victims, 15 children were killed
after being raped, 62 were victims of gang raped and two children committed
suicide. Furthermore, 37 women and girls were victims of attempted rape.
120. On January 3, 2015, an 11-year old girl was killed after being raped by
criminals in Kahetergaon village of Borochapa Union under Monohardi
Upazial in Narshingdi District. Police arrested one man named Kiran in this
regard.135
121. On June 10, 2015 Kabir Mia, a resident of Dirai Upazila under Sunamganj
District and his wife hired a room at the Sunlight Residential Hotel at
Jagannathpur town in Sunamganj. At around 11:00 pm, a criminal named
Selon Mia and 4-5 youths entered their room and raped his wife after tying up
Kabir Mia at gun point.136
Sexual harassment and stalking
122. According to information gathered by Odhikar, a total of 75 girls and women
were victims of sexual harassment between January – June 2015. Among
them, five committed suicide, two were killed, five were injured, 12 were
assaulted, one was abducted, and 50 were sexually harassed in various ways.
During this period, three men were killed, 11 men were injured and six
women were injured by the stalkers when they protested against such acts.
123. On April 14, 2015 on the occasion of Bengali New Year criminals began
sexually harassing women in front of the gate of Suhrawardy Udyan137 at the
northern side of the Raju Sculpture on Dhaka University campus. Women,
from the adolescents to the elderly, were subjected to sexual harassment. The
incidents became known to public when women were rescued by Dhaka
University unit President of Chhatra Union138, Liton Nandi and others from
the hands of the attackers. Furthermore, there was clear evidence of some of
the incidents as they were recorded on CCTV cameras. Some of the
perpetrators were also revealed from the recordings of the CCTV cameras in
the area. The police were inactive during the incident and even let five
criminals free after they were handed over to them.139 On April 16, 2015 a
Bench of the High Court Division of the Supreme Court comprising of Justice
Kazi Reza-Ul Huq and Justice Abu Taher Mohammad Saifur Rahman, issued
135 The daily Amader Shomoy online, 06/01/2015
136 The daily Manabzamin, 15/06/2015
137 Suhrawardy Udyan, adjacent to Dhaka University campus formerly known as Ramna Race Course ground is a national
memorial located in Dhaka, Bangladesh. It is named after Hussain Shaheed Suhrawardy. Originally it served as the military
club of the British soldiers stationed in Dhaka. It was then called the Ramna Race Course and later Ramna Gymkhana. After
the end of colonial rule, the place – sometimes referred to as Dhaka Race Course – was used for legal horse racing.
138 Student wing of the Communist Party of Bangladesh
139 The daily Manabzamin and Prothom Alo, 16/04/2015
34
a suo moto rule asking the government what measures were taken to bring
the accused to justice, after investigating the incidents of sexual harassment.
124. On April 14, 2015 some female students of Jahangirnagar University were
returning to their residential hall after celebrating Pohela Boishakh (Bengali
New Year 1422). On the way to their dormitory, five Chhatra League activists,
residents of Shaheed Salam Barkat Hall, stopped them at Chourangir Mor and
took away a female student belonging to the ethnic minority community.
They tried to rape her and snatched away her bag and cell phone. Chhatra
League activists fled the scene when people of the adjacent areas started
gathering, hearing the screams of the students. The accused of this incident
are Nishat Imtiaz Bijoy, a student of the Journalism and Media Studies
Department and University unit Chhatra League member; Nafiz Imtiaz,
Salam-Barkat Hall unit Chhatra League’s Publicity Secretary; Chhatra League
activists Rakib Hassan, Abdur Rahman Ifti and Nurul Kabir.140
125. On April 26, 2015 Aroj Mia, Vice-President of Jagannath University unit
Chhatra League and student of the Islamic History and Culture Department,
slapped a female teacher of the Public Administration Department of
Jagannath University, when they collide while walking on the same road.
Aroj Mia also pulled at her scarf. After this incident the female teacher filed a
written complaint to the University authority; and members of University
Proctorial Body apprehended Chhatra League leader Aroj Mia and handed
him over to police. When police were taking Aroj Mia to the police station, a
group of Chhatra League activists, led by University unit Chhatra League
General Secretary S M Sirajul Islam, attacked the police and snatched Aroj
Mia from their custody.141
126. A girl student of class VII, Momtaz Khatun (12) was stalked by a criminal
named Harun Mia on her way to and from school at Chowhari Upazial under
Sirajganj District. On June 14, 2015 Harun verbally abused Momtaz over her
cell phone. Momtaz could no longer bear the mental pain and committed
suicide at her sister’s house in Rupsha village.142
Acid violence
127. According to information gathered by Odhikar, between January – June 2015,
it was reported that 25 persons became victims of acid violence. Of them, 13
were women, five were men, one was a boy and six were girls.
128. On January 15, 2015 a youth named Mohammad Shamim threw acid at a
second year female student of Ishwarganj Girls College in Mymensingh due
140 The daily Manabzamin,17/04/2015
141 The daily Amader Shomoy, 27/04/2015
142 The daily Prothom Alo, 16/06/2015
35
to her refusal of his proposal of love. Her forehead and one eye were burnt
with the acid. She was admitted to Mymensingh Medical College Hospital.143
129. On June 13, 2015 a housewife named Parvin was burnt with acid by members
of her in-laws in Agoiljhora Upazila under Barisal District. Garment worker
Parvin had a love-marriage with Shohag as she was living in Dhaka. But
Shohag’s family did not accept this marriage and threw acid at her.144
130. Incidents of acid throwing are occurring due to lack of implementation of the
Acid Crimes Prevention Act 2002 and the Acid Control Act 2002, as well as
ineffective investigation and a weak criminal justice system.
I. Activities of Odhikar hindered
131. Odhikar, as a human rights organisation, has come under government fire
during various regimes, for highlighting and being vocal against human
rights violations and for campaigning to stop them. The present Grand
Alliance government, led by the Awami League, after assuming power in
2009 started harassment on Odhikar for its reports on the human rights
situation of the country. On August 10, 2013 at 10:20 pm, Odhikar’s Secretary
Adilur Rahman Khan was picked up by persons claiming to be from the
Detective Branch (DB) of police, for publishing a fact finding report on
extrajudicial killings during a rally organised by the religious group Hefazate
Islam on May 5-6, 2013. The police, at first, denied detaining him. Adilur and
Odhikar’s Director ASM Nasiruddin Elan, were charged under section 57(1)
of the Information and Communication Technology Act, 2006 (Amended
2009). They were in jail custody and were released on bail after spending 62
and 25 days in prison respectively. On August 11, 2013 at night, the DB police
raided the Odhikar office and confiscated two CPUs (Central Processing Unit)
and three laptops, which contained sensitive and confidential information
and documents relating to victims of human rights abuses. Odhikar regularly
faces harassment by different organs of the government. Adilur Rahman
Khan, staff members of Odhikar and the office are under surveillance by
intelligence agencies. Human rights defenders who are associated with
Odhikar are being watched and sometimes harassed and human rights
activities hindered. Apart from that, the NGO Affairs Bureau (NGOAB),
which is under the Prime Minister’s Office, has barred the release of all project
related funds of Odhikar in order to stop its human rights activities. The
Organisation is still operating with a small of dedicated staff and the
volunteer services of grassroots level human rights defenders associated with
Odhikar and their commitment to human rights activism.
143 The Prothom Alo, 19/01/2015
144 The daily Jugantor, 15/06/2015
36
132. As a human rights organisation, it is Odhikar’s duty to highlight human
rights violations and take appropriate actions and measures to prevent future
violations. The Government is harassing Odhikar, everyone associated with
the organisation, local level HRDs and victims of human rights violations and
their families; gagging their voices by hampering Odhikar’s activities.
37
Statistics: January-June 2015*
Type of Human Rights Violation
January
February
March
April
May
June
Total
**Extrajudicial
killings
Crossfire 12 30 9 8 14 6 79
Shot to death 5 5 2 1 0 3 16
Beaten to death 1 0 0 0 1 0 2
Strangled to death 0 1 0 0 0 0 1
Tortured to death 0 0 1 0 2 0 3
Others 0 2 0 0 1 0 3
Total 18 38 12 9 18 9 104
Shot on legs by law enforcement
agencies 2 16 8 1 3 0 30
Disappearances 14 10 10 3 0 1 38
Human rights
violations by
Indian BSF
Bangladeshis Killed 2 5 1 9 3 3 23
Bangladeshis
Injured
11 7 5 4 2 6 35
Bangladeshis
Abducted
4 9 3 0 0 1 17
Attack on
journalists
Injured 6 3 16 16 5 0 46
Threatened 1 1 0 2 10 15 29
Assaulted 2 1 0 0 0 0 3
Tortured 0 0 1 0 0 0 1
Arrested 2 0 1 1 1 0 5
Political violence
Killed 48 40 33 11 5 11 148
Injured 1947 722 580 262 272 320 4103
Dowry related violence against women 13 15 12 13 17 14 84
Rape 33 44 40 42 79 60 298
***Sexual harassment /Stalking of
women
19 9 19 6 9 13 75
Acid violence 8 4 3 5 4 1 25
Public lynching 12 7 8 15 15 11 68
*Odhikar's documentation
**During January-March five persons were allegedly extra judicially killed by the law enforcement
agencies at the time of political violence, which is also included in the statistical part of the Political
Violence.
***It is to be noted that numerous women became victims of sexual harassment by gangs in Dhaka
University campus during celebrations of Bangla New year on April 14, 2015 which could not be
determined as victim women did not report, so that in the statistical part of sexual harassment/stalking
of women couldn't be added.
38
Recommendations
1. A political crisis has been created due to the forcible assumption of power
through conducting connived and controversial elections on January 5, 2014.
The political crisis has already become the cause of severe human rights
violations. There is no alternative other than holding a free, fair and credible
election immediately by ensuring the participation of all political parties,
under a neutral government or under the supervision of the United Nations,
in order to resolve this. All parties must come to a consensus to curtail
violence and confrontational politics and stop the culture of ‘blame games’
when violence occurs; and ensure punishment of the perpetrators, as
provided under the law.
2. The use of petrol bombs is becoming a common practice during hartals and
extreme political violence. Ordinary citizens are the victims of such attacks.
This has led to several deaths and many more have become permanently
maimed. Odhikar urges human rights organisations and citizens of
Bangladesh to remain vigilant against such attacks.
3. Incidents of extrajudicial killings and torture by law enforcement agencies
must be investigated and the perpetrators be brought to effective justice. The
law enforcement agencies must follow the international guidelines “Basic
Principles on the use of Force and Firearms by Law Enforcement officials and
the UN Code of Conduct for Law Enforcement officials”. The Government
should ratify the Optional Protocol to the UN Convention against Torture;
and effectively implement the Torture and Custodial Death (Prevention) Act,
2013 without any controversial or bias amendment.
4. Accountability of all members of the law enforcement agencies must be
ensured and the government should take appropriate measures to stop the
impunity they enjoy.
5. The Government has to explain all incidents of enforced disappearance and
killings allegedly perpetrated by law enforcement agencies. The Government
must bring the members of the security and law enforcement forces who are
involved in the incidents of enforced disappearance and killing to justice.
Odhikar urges the government to accede to the International Convention for
the Protection of All Persons from Enforced Disappearance, adopted by the
UN on December 20, 2006.
6. The Government should refrain from attacking peaceful public events and
from carrying out repressive, unconstitutional activities. Arbitrary and mass
arrests and human rights abuses in prisons must be stopped. Freedom of
opinion and expression and of the media must be ensured. The Government
should investigate incidents of attacks on human rights defenders and
journalists; and take appropriate measures to bring the perpetrators to justice.
The ban on the publication of the daily Amar Desh and the broadcasting of
39
Diganta TV, Islamic TV and Channel One should be removed. The detained
Acting Editor of the daily Amar Desh, Mahmudur Rahman should be
released.
7. Attacks and repression on religious minority communities must be stopped.
The Government should take all measures to protect the rights of the citizens
belonging to religious and ethnic minority communities and ensure their
security.
8. The Government should protest strongly against human rights violations on
Bangladeshi citizens by the BSF and take initiatives to investigate and make
the Indian Government accountable and compensate the families of the
victims. The Government should also ensure the safety and security of the
Bangladeshi citizens residing at the border areas.
9. Ready-made garment factories need to be brought under synchronized
security programmes and the factories should be made with adequate
infrastructural and other facilities. Human rights violations, including
termination of workers, pending wages and harassment by Industrial Police
against readymade garment factory workers must be stopped.
10. The Government must ensure the effective implementation of laws to stop
violence against women and the offenders must be effectively punished
under the prevalent laws. The Government should also execute mass
awareness programmes in the print and electronic media in order to eliminate
violence against women.
11. All repressive laws, including the Information and Communication
Technology Act, 2006 (amendment 2009 & 2013) and the Special Powers Act,
1974 must be repealed.
12. The case filed against Odhikar’s Secretary and its Director under the
Information and Communication Technology Act, 2006 (Amended in 2009)
must be withdrawn. All repressive measure and harassment against human
rights defenders associated with Odhikar should be stopped. The government
must release the funds of Odhikar urgently to enable it to continue its human
rights activities.
SOME MAJOR CONVENTIONS AND TREATIES RATIFIED BY BANGLADESH
SL
NO.
CONVENTION DATE OF
RATIFICATION
RESERVATIONS/
DECLARATIONS
1 International Convention on the
Elimination of All Forms of Racial
Discrimination (ICERD) 1966
Acceded in 1979
40
2 Convention on the Elimination of All
Forms of Discrimination against
Women 1979
Acceded in 1984
Declaration
The Government of the People's
Republic of Bangladesh does not
consider as binding upon itself the
provisions of article 2, and 16 (1) (c)
as they conflict with Sharia law
based on Holy Quran and Sunna.
3 International Convention on the
Suppression and Punishment of the
Crime of Apartheid 1973
Acceded in 1985
4 Convention on the Rights of the Child
1989
Signed and ratified
1990
Article 14, paragraph 1
Article 21 applies subject to the
existing laws and practices in
Bangladesh
5 Convention against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment 1984
Acceded in 1998
Declaration
The Government of the People's
Republic of Bangladesh will apply
article 14 para 1 in consonance with
the existing laws and legislation in
the country.
6 Convention on Consent to Marriage,
Minimum Age for Marriage and
Registration of Marriages 1964
Acceded in 1998
Reservations
Article 1: Consent to marriage
Article 2: Minimum age for
marriage
7 International Covenant on Economic,
Social and Cultural Rights1966
Acceded in 1998
Declarations:"Article 1: It is the
understanding of the Government of
the People's Republic of Bangladesh
that the words "the right of selfdetermination
of Peoples" appearing
in this article apply in the historical
context of colonial rule,
administration, foreign domination,
occupation and similar situations.
Articles 2 and 3: The Government of
the People's Republic of Bangladesh
will implement articles 2 and 3 in so
far as they relate to equality between
man and woman, in accordance with
the relevant provisions of its
Constitution and in particular, in
respect to certain aspects of
economic rights viz. law of
inheritance.
Articles 7 and 8: The Government of
the People's Republic of Bangladesh
will apply articles 7 and 8 under the
41
conditions and in conformity with
the procedures established in the
Constitution and the relevant
legislation of Bangladesh.
Articles 10 and 13: While the
Government of the People's
Republic of Bangladesh accepts the
provisions embodied in articles 10
and 13 of the Covenant in principle,
it will implement the said provisions
in a progressive manner, in keeping
with the existing economic
conditions and the development
plans of the country."
8 Convention on the Prevention and
Punishment of the Crime of Genocide
1949
Acceded in 1998
Declaration
Article IX: For the submission of
any dispute in terms of this article to
the jurisdiction of the International
Court of Justice, the consent of all
parties to the dispute will be
required in each case.
9 Convention on the Political Rights of
Women, 1953
Acceded in 1998
Reservations
Article 3: Consonance with
Constitution
Article 9: Consent of disputing
parties
10 Optional Protocol to the Convention
on the Elimination of All Forms of
Discrimination against Women 1999
Signed and Ratified
in 2000
Declaration
The Government of the People's
Republic of Bangladesh declares in
accordance with Article 10 (1)
thereof, that it would not undertake
the obligations arising out of
Articles 8 and 9 of the said Optional
Protocol.
11 International Covenant on Civil and
Political Rights
Acceded in 2000
Declarations:
“Article 10: So far as the first part of
paragraph 3 of Article 10 relating to
reformation and social rehabilitation
of prisoners is concerned,
Bangladesh does not have any
facility to this effect on account of
financial constraints and for lack of
proper logistics support. The last
part of this paragraph relating to
segregation of juvenile offenders
from adults is a legal obligation
under Bangladesh law and is
followed accordingly.
Article 11: Article 11 providing that
“no one shall be imprisoned merely
42
on the ground of inability to fulfil a
contractual obligation,” is generally
in conformity with the
Constitutional and legal provisions
in Bangladesh, except in some very
exceptional circumstances, where
the law provides for civil
imprisonment in case of willful
default in complying with a decree.
The Government of People’s
Republic of Bangladesh will apply
this article in accordance with its
existing municipal law.
Article 14: So far as the provision of
legal assistance in paragraph 3(d) of
Article 14 is concerned, a person
charged with criminal offences is
statutorily entitled to legal assistance
if he does not have the means to
procure such assistance.
The Government of the People’s
Republic of Bangladesh,
notwithstanding its acceptance of the
principle of compensation for
miscarriage of justice, as stipulated
in Article 14, paragraph 6, is not in a
position to guarantee a
comprehensive implementation of
this provision for the time being.
However, the aggrieved has the right
to realise compensation for
miscarriage of justice by separate
proceedings and in some cases, the
court suo moto grants
compensation to victims of
miscarriage of justice. Bangladesh,
however, intends to ensure full
implementation of this provision in
the near future.”
Reservation:
Article 14:“The Government of the
People’s Republic of Bangladesh
reserve apply paragraph 3 (d) of
Article 14 in view of the fact, that,
while the existing laws of
Bangladesh provide that, in the
ordinary course a person, shall be
entitled to be tried in his presence, it
also provides for a trial to be held in
his absence if he is a fugitive
offender, or is a person, who being
required to appear before a court,
fails to present himself or to explain
the reasons for non-appearance to
the satisfaction of the court.”
43
12 Optional Protocol to the Convention
on the Rights of the Child on the sale
of children, child prostitution and
child pornography 2000
Signed and ratified
in 2000
13 Optional Protocol to the Convention
on the Rights of the Child on the
involvement of children in armed
conflict 2000
Signed and ratified
in 2000
Declaration
Declaration:
“In accordance with Article 3 (2) of
[the Optional Protocol], the
Government of the People’s
Republic of Bangladesh declares
that the minimum age at which it
permits voluntary recruitment into
its national Armed Forces is sixteen
years for non-commissioned soldiers
and seventeen years for
commissioned officers, with
informed consent of parents or legal
guardian, without any
exception. The Government of the
People’s Republic of Bangladesh
further provides hereunder a
description of the safeguards it has
adopted to ensure that such
recruitment is not forced or coerced:
The process of recruitment in the
national Armed Forces is initiated
through advertisement in the
national press and the media for
officers and other ranks without
exception. The first induction of new
recruits is conducted invariably in a
public place such as a national park,
school ground or a similar place.
Public participation is welcomed in
such programmes. Before a recruit
presents himself he has to submit a
written declaration from his parents
or legal guardians consenting to his
recruitment. If the parent or legal
guardian is illiterate the declaration
is verified and counter signed by the
Chairman of the Union
Parishad. The recruit is required to
present birth certificate,
matriculation certificate and full
school records. All recruits whether
officers or other ranks have to
undergo rigorous medical
examination including checks for
puberty. A recruit found to be prepubescent
is automatically rejected.
Officers and other ranks without
exception are required to undergo
two years of compulsory training.
This ensures that they are not
44
assigned to combat units before the
age of 18. All officers and other
ranks are carefully screened before
being assigned to combat units.
These tests include tests of
psychological maturity including an
understanding of the elements of
international law of armed conflict
inculcated at all levels. The
Government of the People’s Re
Bangladesh declares that stringent
checks in accordance with the
obligations assumed under the
Optional Protocol will continue to be
applied without exception.”
14 The Convention against Corruption
2005
Ratified in 2007 Reservation to Art. 66
15 Convention on the Rights of Persons
with Disabilities 2006
Signed and ratified
in 2007
Tel: +88-02-9888587, Fax: +88-02-9886208
Email: odhikar.bd@gmail.com, odhikar.documentation@gmail.com
Website: www.odhikar.org
Notes:
1. Odhikar seeks to uphold the civil, political, economic, social and cultural rights of the
people.
2. Odhikar documents and records violations of human rights and receives information
from its network of human rights defenders and monitors media reports in twelve
national daily newspapers.
3. Odhikar conducts detailed fact-finding investigations into some of the most
significant violations, with assistance from trained local human rights defenders.
4. Odhikar is consistent in its human rights reporting and is committed to remain so.