fact finding report: death of a businessman in jail custody due to negligence of treatment: family...

8/2/2019 FACT FINDING REPORT: DEATH OF A BUSINESSMAN IN JAIL CUSTODY DUE TO NEGLIGENCE OF TREATMENT: FAMILY M

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( A HUMAN RIGHTSORGANIZA TION FORJUSTICE,REHABILITATION& DEVELOPMENT)===========================================================================================

------------------------------------------------------------------------------------------------------------ --------A KMOL MA NSION,SUIT@128,8 9 / 1 KAKRAIL SUPER MARKET,DHAKA -1000,PHONE:02 9341614,CELL :01720308080

e-mail: [email protected], Blog: www.justicemakersbd.blogspot.com, URL:www.justicemakersbd.org

ABUSINESSMAN DIED IN JAIL CUSTODY DUE TO NEGLIGENCE OF PROPER TREATMENT:FAMILY MEMBER ALLEGES OF TORTURE FOR BRIBE

The news headlines read: Under Trial Prisoner died at Naogaon published on the dailyKarotoa on December 24, 2011. As a result, a high level fact-finding mission wasconducted by a team of JusticeMakers Bangladesh led by Advocate Shahanur Islam(Saikot), Founding Secretary General of JusticeMakers Bangladesh and also CountryObserver of Global Human Rights Defence (GHRD) from December 25-29, 2011. Duringthe mission, the fact finding team talked with the victims family members, othereyewitnesses and concerned authorities as well as collecting evidence of the incident.This report documents the findings of the Investigation:

COUNTRY AND REGION : Bangladesh, South Asia

TYPE OF VIOLATION : Rights to life, rights to proper treatment, rights to justice,rights to physical integrity.

TYPE OF ACT : Torture, electric shock, ill-treatment, negligence,corruption, impunity

FACT-FINDING TEAM MEMBERS : Advocate Shahanur Islam (Saikot), Founding SecretaryGeneral of JusticeMakers Bangladesh and also CountryObserver of Global Human Rights Defence (GHRD), Mr.Shohel Ahmed and Mr. Uzzal Hossain, Fact finder officerof JusticeMakers Bangladesh.

IDENTITY OF THE VICTIM:


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Name of the victim : Abdul Barik Dulu (45)

Father name of the Victim : Late Lahor Uddin

Address of the victim : South Kanda (MistriPara), Post: Mithapur,P/S: Badalgachhi, Dist:Naogaon.

Religion : Islam

Educational qualification : Higher Secondary School Certificate (HSC)

Occupation : Business

Marital status : Married & father of two daughters

DATE AND PLACE OF THE INCIDENT:

Date of Arrest : December 20, 2011 around at 11.00 am

Date of proceed before court : December 21, 2011, around at 2.00pm

Date of sending at jail : December 21, around at 4.30pm.

Date of Admission at hospital : December 22, 2011 around at 8.00 am

Date of death : December 22,2011 around at 7.15 pm

Place of Death : Sodar Hospital, Naogaon

NAME OF THE PERPETRATORS:

i) Mr. Rabiul Islam, Assistant Sub Inspector,Badalgachhi Police Station, Naogaon

ii) Mr. Touhidul Alam, Sub Inspector, BadalgachhiPolice Station, Naogaon


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iii) Mr. Karibul Hasan, Sub Inspector, BadalgachhiPolice Station, Naogaon

iv) Mr. Rafikul Islam, Sub Inspector, Badalgachhi

Police Station, Naogaon

v) Mr. Abdul Razzak, Constable, Badalgachhi PoliceStation, Naogaon

vi) Mr. Mahfujul Haque, Office in Charge, BadalgachhiPolice Station, Naogaon

vii) Mr. Md. Anowaruzzaman, Jail Superintend,Naogaon

LEGAL STATUS:

Case file against the victim : i) Shahbag Police Station, D.M.P case Number:24(12)/2011, Section: 467, 468, 471/ 109 of Penal Code.

ii) CR case number: 362/ 2011, Chief MetropolitanMagistrate Court, Dhaka; Section: 466/465/471 ofPenal code

iii) CR Case Number: 572/2011, Chief MetropolitanMagistrate Court, Dhaka;Section:420/465/461/471/475/488/481 of Penal code

iv) CR Case Number: 32/2011, Metropolitan MagistrateCourt, Dhaka, Section: 420/465/466/471/475/181 ofPenal Code

CASE SUMMERY: (based on testimony of victims family members & eyewitness):

A team of policemen led by Touhidul Alam, Sub Inspector of Badalgachhi police station underNaogaon district arrested Mr. Abdul Bari Dulu on December 20, 2011 around at 11.00 a. mfrom the Khadail bazaar under the Mithapur Union Parishad of above mentioned police stationand district according to the warrant of arrest connecting the case file against him beingnumber: Shahabag Police Station, D.M.P case Number: 24(12)/2011, CR case number: 362/2011, Chief Metropolitan Magistrate Court, Dhaka; CR Case Number: 572/2011, ChiefMetropolitan Magistrate Court, Dhaka and CR Case Number: 32/2011, Metropolitan MagistrateCourt, Dhaka, while he was waiting to meet with his wife to go his relative home. Then he wastaken to the said police station. As soon as his wife informed about his arrest, she went to thepolice station and met with him when he was quite ok. On the following day, his wife informedby one police official through mobile phone that the victim was seriously ill.

Being informed about his illness, the victims wife along with her younger sister went to thepolice station on December 21 morning and saw the victim lying down on the floor of the policestation custody without treatment. Then, she was called to go one corner of the police stationby the Sub Inspector (SI) Karibul Hasan, while she requested the police official for the


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treatment of the victim. At that stage she was demanded bribe by SI Karibul Hasan for histreatment. But she failed to pay as she was no enough money at that time.

Meanwhile, the sister of law of the victim asked one unidentified police official whether thevictim was tortured or not. The policeman replied with smiling that he was not tortured, but If thevictim were not ill, he would beaten hanging the tree.

Later, the victim was taken to the out door of Badalgachhi Upazila Health Complex morning on21 December around at 11.00 a. m and the concerned doctor prescribed him some medicine.

Thereafter, the victim was taken to the custody of Chief Judicial Magistrate Court, Naogaon.Meanwhile, the victim wife and his sister in law reached the court custody and trying to talk withthe victim. But the court police denied to talk with him and demanded to pay some bribe forallowing to talk with him. Paying some small amount of bribe to the court police, the victimswife and sister in law met with the victim, where they saw that the victim was laid down on abench as he was unable to sitting down or standing up and trying to sitting down on the bench

seeing them. Then, the victims wife and sister in law help him to sitting down on the bench. Atthis stage the victims wife asked him in presence of court police, whether he was tortured ornot? And the victim replied her requesting not to ask this kind of question further. In thismoment they saw the mark spot like electric shock on both sides of his ribs. You are requetedto visit the following link to see her video statement:http://www.youtube.com/watch?v=znQ8PqpmArs&list=UUsk3BeGZ68TRTvx_Xs-UfOg&index=2&feature=plcp

Then the victim was appeared before the Senior Judicial Magistrate Court, Naogaon and thelearned magistrate issue an order to send the victim to the jail. The learned magistrate alsoasked the concerned authority to take immediate action to his proper treatment admitting him atthe hospital.

Thereafter, on afternoon the victim was sent to the Naogaon jail and the jail authority admittedhim at prison hospital on the same day. But in midnight physical condition of the victim wasdeteriorated and the pharmacist of the jail hospital referred him at Naogaon Sodar Hospital.


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On the following day December 22, 2011 morning, the victim was admitted at the NaogaonSodar Hospital with police escort. At noon of the same day, being informed of deterioratecondition of the victim, the victims wife went the see him at hospital. But the police did not allowher to see him primarily. Finally, she was allowed to nursing her husband after requestedrepeatedly with crying, where she saw that the victim was kept in bar fetters (danda beri ) andhand cuff fastened with bed by thick rope. She also saw that the victim suffered so much badsituation and the victim left stool and urine on his cloth and doing ardor for remove the barfetter. Seeing fervidity of the victim, she requested the jail police to remove his bar fetter, butthey dennied and asked her to go to the jail for getting permission of removing bar fetter.Gradually, the victims condition was more detoriating and on evining of the same day he wasdied around 7.15 PM. Then his far better and hand cuff was remove after half an hour letter ofhis death. You are requeted to visit the following link to see her video statement:http://www.youtube.com/watch?v=0gw5gOHgR3Y&list=UUsk3BeGZ68TRTvx_Xs-UfOg&index=1&feature=plcp

Thereafter, an inquet report of the deadbody was prepared by a poice official, signed by an

Executive Magistrate on the same evening. Finally, his dead body was handed over therelatives of the victim.

BACKGROUND INFORMATION:

The victim Abdul Bari Dulu was implicated in four cases at Dhaka city in Bangladesh where hewas doing a small business. Then he came to his permanent house leaving Dhaka city. Early ofthe year 2011, order of the warrant of arrest and attachment was issued against him by theChief Metropolitan Magistrate Court, Dhaka. The Badalgachhi police station was responsible forexecute this order of warrant of arrest as the local police station. But unfortunately theconcerned police station denied to execute the order giving illegal facility to the victim taking ahuge amount of bribe regularly.

Finally, Assistant Sub Inspector, Rabiul Islam and Constable Abdul Razzak went to the houseof the victim to execute the order of Warrant of Arrest and attachment on December 16, 2011and demanded BDT 20, 000/= ( Twenty Thousand taka) to the wife of the victim as bribe forcommitment of not to attach the goods of his house. He also demeaned BDT 50, 000/= (Fifty


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Thousand) as bribe committing not to arrest or attach his good for next two months. Thevictims wife agreed to give him BDT: 10,000 (Ten Thousand) by December 18, 2011 and BDT:20,000/= (twenty Thousand) money by December 28, 2011. Then, the policeman returnedwithout arrest or attached the goods. Wwife of the victim gave BDT: 10,000/= (ten Thousand) toASI Rabiul Islam on said date through Abdul Jalil, member of Mithapur union Parishad underBadalgachhi police station of Naogaon district. You are requeted to visit the following link to seeher videostatement:http://www.youtube.com/watch?v=6hO8C2vER4w&list=UUsk3BeGZ68TRTvx_Xs-UfOg&index=2&feature=plcp

ISSUE EN-COUNTED DURING FACT FINDING MISSION:

During the investigation, some civil dressed people (it is assumed by the fact finding team that

they were security personnel dressed as civilians) were continuously following the investigation

team. When the fact finding team contacted the accused policeman ASI Rabiul Islam about his

statement regarding taking bribe through cell phone, he handed over the phone to Sub

Inspector Rafikul Islam and Mr. Islam threatened to Mr. Shahanur Islam, head of the fact finding

team stating proudly that we are entitled to take money from accused person for our cost

of fuel, tea and cigarette. So, you can not do anything against our activities, rather you

will face trouble if you further continue your activities. He also told that We want to see

your power, show us your power, if you have any power to stop our activities, you can

exercise it, otherwise go to hell.

OBSERVATIONS OF FACT-FINDING TEAM:

Report published on news paper, statement received from the victim family members of the

victim and eyewitness and collected document from the different public office, it is clear that the

death of Mr. Abdul Bari is result of torture at police custody as well as negligence of provide


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adequate treatment due to unable to pay illegal money as bribe which is violation of our

fundamental, legal and human rights. The findings of the fact finding mission are followings:

Mrs. Yiasmin Akhter Bulbuli, Sister in law of the victim strongly apprehended that his

brother in was given electric shock at police station as they was unable to pay morebribe to the police official according to their demand previously. She also mentioned thatthe victim requested not to ask question about torturing being afraid of the police as theywere always in present. If he told about torture, the policeman might be not gave himtreatment or create more trouble. See the video Statement:The police official denied to arrest the victim timely taking huge amount of bribe from the

victim and his family.

In spite of being healthy and vigorous during arrest, mysteriously the victim was

seriously ill like dead at the police station by one night.

In spite of being seriously ill in midnight at police station, the victim was not admitted thehospital for adequate treatment.

The police official at police station demanded bribe for treatment of the victim as well as

the court police also demanded and taken bribe to allow his wife to talk at court

premises.

In spite of issuing direction to provide proper treatment learned court, the jail authorityfailed to provide the victim adequate treatment. The victims physical condition wasdeteriorating in midnight, but the jail authority did not take step to admit him Sadorhospital for his better treatment.

Though the victim was admitted in Hospital on following day morning, he was kept in barfetters (danda beri ) and hand cuff fastened with bed by thick rope.

Though the victim condition was being deteriorated, his family member was not allowedto nursing him in hospital.

Though the police official at Badalgachhi police station admitted that they took somemoney from the victim and his family illegally, but they proudly mentioned that they wereentitled to take such kind of money from the accused as their cost of fuel, tea andcigarette.

As all member of Badalgachi police station from Officer in Charge to constable ofNaogaon were involve with taking illegal money as bribe, the Officer in Charge (OC) and

also the Superienten of Police (SP) of naogaon district did not take any initiative to takestep against the allegation of taking bribe made by the victims family.

After the death of the victim, though the accused police man ASI Rabiul Islam assuredMr. Abdul Jalil, Member of Mithapur Union Parishad that he would back the money tothe victim family by December 25, 2011 evening, he did not back it. When Mr. Jalilasked the accused policeman about his promises through mobile phone in presence offact finding team, he told that already he backed it to the Chairman of Mithapur Unionparishad. But Al Haz Mohiuddin alamgir, Chairman of the said union parishad told thefact finding team that he has no contact with the policeman about this matter of money. You are requeted to visit the following link to see his video statement: http://www.youtube.com/watch?v=GCxOzVckUxM&list=UUsk3BeGZ68TRTvx_Xs-

UfOg&index=3&feature=plcpThe inquet report of the deadbody was prepared by a poice official, signed by an

Executive Magistrate on the same evening and the inquest Report claimed that there

was no sign of injury on the body of the deceased. The inquest report attempted to


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establish that victim died naturally without torture or negligence of treatment. The civil,

prison, hospital and police administration jointly suppressed the facts regarding the

custodial torture and negligence of adequate treatment

Finally, the environment of Naogaon jail is so unhygienic. There is remainingaccommodation problem, sanitation problem, lack adequate food & water as well as lackof proper treatment. Even there is no doctor in Jail hospital.

LEGAL FRAMEWORK:

The practice of torture is considered one of the most serious human rights crimes and as such

it is part of jus cogens. No person, regardless whether he is a criminal or not, should be

subjected to torture by law enforcement officers in any circumstances.

The Constitution of Bangladesh Article 35 (5) prohibits torture. Bangladesh is also a state partyto the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (CAT), since October 1998. However, by refusing to implement Article 14 of CAT,

an integral part of the convention which guarantees victims the legally-enforceable right of

redress, rehabilitation and compensation, the government has effectively negated its

commitment to the entire treaty.

In sum, despite joining CAT and having a constitutional provision prohibiting torture, the

Government of Bangladesh has taken no steps to criminalise torture, passed no treaty enabling

legislation or amended domestic laws to give access to remedies, rehabilitation or

compensation for victims. Finally, individuals who have suffered torture only have recourse tonational remedies.

RECOMMENDATIONS:

JusticeMakers Bangladesh urges the government of Bangladesh to:

i. To institute an independent commission headed by a High Court Judge with a view toenquire into the matter to ascertain the cause of death of Mr. Abdul Bari Dulu, takingillegal money as bribe by police both in police station and court as well as kept him inbar fetter at hospital bed and publish the report at the earliest;

ii. To ensure exemplary punishment of the perpetrators who were directly and indirectlyinvolved in this gross violation of human rights;

iii. To provide adequate financial compensation to the victims family; as well as guaranteethe physical and psychological integrity of victims family

iv. To ratify the Optional protocol to the Convention Against torture and other inhuman,cruel or degrading punishment or treatment (OPCAT);

v. To ensure the adequate accommodation, food, water, sanitation and proper treatmentfacility in jail custody;

vi. To reform the jail code and prison centre for better service in jail custody;

vii. To ensure the respect of human rights and fundamental freedoms throughout thecountry in accordance with national laws and international human rights standards;


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viii. To provide human rights education and training to the concerned personnel related tothe police station, court, hospital and prison centre;

ix. To remove reservation from Art.14 of Convention against Torture.

THE END

JusticeMakers Bangladesh

(A human rights organization for justice, rehabilitation & development)

THE JUSTICEMAKERS BANGLADESH has been initiated on 2010 by a group of young, energeticand experienced lawyer & social worker in the field of human rights in Bangladesh with a

promise to justice, rehabilitation and development among community level for the protectionand promotion of human rights and ensuring the respect and realization of the UniversalDeclaration of Human Rights and the fundamental provisions of the Constitution of Bangladeshas well as providing humanitarian assistance to the victim of violation and discrimination in thecountry. Since the inauguration of JusticeMakers Bangladesh is devoted to serve mankindespecially who are victim of extrajudicial killing, torture, organized violence and disappearanceas well as violence and discrimination against ethnic, religious and sexual minorities includingwomen and children. JusticeMakers Bangladesh was born and brought up to remain beside thevictim of torture, mal treatment, disappearance and organized violation as well as other form ofviolation indifferent to race or religion, sex or age.

VISION: A country without any form of human rights violation and discrimination. The main spirit

covers three main thematic areas- Justice, Rehabilitation and Development.

MISSION:

To insure human rights throughout the country through maintaining the legal andfinancial rights of the all the people in Bangladesh;

To serve mankind especially who are victim of extra judicial killing, torture, maltreatment, disappearance and organized violence as well as violence anddiscrimination against ethnic, religious and sexual minorities including women andchildren;

Enable the government and the non-government organizations to observe, learn andunderstand closely and concretely the impacts of different legislations on the life andlivelihood of common people.

OBJECTIVE:

To provide legal aid and legal counselling to community members through theirrespective organizations as well as in centre;

To organize seminars, workshops, symposiums, rallies, human chains and viewexchange meetings on various human rights related issues and attending suchprogrammes organized by others;

To provide training especially on paralegal and human rights aspect to communityorganizers as well as conduct a summer course on human rights for universitygraduates and law enforcing agencies;


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il i f @j ti k bd Bl j ti k bd bl t URL j ti k bd

To promote legal & human rights literacy, which includes translating and publishinghandbooks of law in layman`s language and a training manual on human rights;

To establish a human rights documentation and information centre to ensureexchange and dissemination of human rights violation;

To publish a weekly "Law Corner" in a popular magazine, with cartoons to simplifylegal problems and to respond to inquiries about legal problems for those who needlegal advice and cannot receive it;

To conduct lobbying, campaign and advocacy activity to protect and promote humanrights in national and international level;

To conduct research on legal and human rights aspect as well as conduct factfinding and issue urgent appeal/action regarding violation of human rights;

To build up institution as well as human rights defender in community level;

May engage in income-generating and profit-making activities for development youthcapacity and environmental sustainability including poverty reduction. But none ofthe income and/ or profit shall be distributed to the Trustees who shall rendervoluntary service and the income and the profit will be utilized for implementation ofthe vision and mission of the organization.

fact finding report: death of a businessman in jail custody due to negligence of treatment: family...

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