This lesson will look at military abuse and threats to human rights in Bangladesh; how the situation described in Lesson 1 affects the daily life of ordinary people.

Arbitrary arrest and detention

The Asian Human Rights Commission (AHRC) has documented numerous cases of arbitrary arrest and detention since the state of emergency was imposed in Bangladesh five months ago; this is only a fraction of the actual number of cases. These cases indicate that political groups are being targeted and that security forces are abusing their power to arrest individuals without warrants. In the most recent such case documented by the AHRC on 15 June 2007, seven university students were detained for attending a protest.

Seven members of the Bangladesh Students League (BSL)--the youth wing of the Bangladesh Awami League (BAL)--were arbitrarily arrested and detained by joint security forces on 7-9 May 2007. The students were accused of attending the procession of 2-3000 people defying the state of emergency at the airport when former prime minister and BAL president Sheikh Hasina returned to Bamgladesh on May 7. The joint security forces told six students that they were arrested for involvement in the Dhanmondi Thana Case No. 15 of 2007 (dated 7 May 2007), while one student was arrested under Shahbag Thana GD No. 411 (dated 8 May 2007); both cases relate to the procession. However, in the first information reports (FIR) of both cases no specific names of suspects were mentioned; security officers can thus arrest anyone with the same charges under the said cases.

When brought to the court, all seven students were remanded in violation of the state of emergency according to section 54 of the Bangladesh Code of Criminal Procedure, which allows the police to arrest a person without an order from a magistrate and without a warrant. The arrested students are believed to be detained at the Dhaka Central Jail.

There have been reports that police and intelligence branches recently prepared a list of around 200 leaders and activists of the BSL, who violated the state of emergency and have criminal records. Shahbag police also reportedly confirmed that raids are ongoing to arrest the BSL activists mentioned in the list. This was in fact the third such raid at the Dhaka University premises. According to one law enforcement officer, the list of activists is 'getting longer'. [See AHRC UA-193-2007, 15 June 2007]

On June 5, the AHRC wrote of the arrest of two BAL leaders and former ministers under the Special Powers Act 1974; Mr Obaidul Quader--former minister for youth, sports and cultural affairs--was arrested on March 9 and Mr Abdul Jalil--former trade minister--on  May 28. Both are currently under 'preventive detention' in accordance with section 3(1) of the Special Powers Act.

Again, neither persons were presented with warrants or any other documents validating their arrest. However, a general diary (GD) case against Mr Quader was filed at the Ramna police station, in which he was identified as a 'patron of criminals' with vague charges such as involvement in creating 'anarchy and sabotage'. Mr Quader was then produced before the Chief Metropolitan Magistrate's Court, Dhaka on the following day. The Court ordered a 30-day detention of Mr Quader at Dhaka Central Jail under the Special Powers Act without any review of the charges made by the police. Mr Quader later received a letter from the Home Ministry signed by a Deputy Secretary (Security Cell-3), containing reasons for his preventive detention. The reasons were vague and unsubstantiated: "influencing the slum people against law and order", "patronizing terrorist activities", "involving in destructive action". Additionally, he was charged with corruption for a BDT 12,000,000 (USD 177,500) toll collection. Mr Quader is now being detained at Kashimpur Central Jail-2.

After Mr Abdul Jalil's arrest on May 28, he was produced before the Dhaka Metropolitan Magistrate Court on June 3, where the police claimed he was involved in toll collection and conspiracy against the government. Upon the police's request, the Court ordered him to be remanded for one month under the Special Powers Act. Mr Jalil is currently receiving medical treatment at the Banglabandhu Sheikh Muzib Medical University Hospital in Dhaka.

It is reported that on the evening prior to his arrest, joint security forces searched Mr. Jalil's residence in Gulshan for two hours and took away four passports; his and his family members', as well as other documents relating to his property and bank transactions. [See AHRC UA-176-2007, 5 June 2007]

There is growing concern that the caretaker government's ongoing anti-corruption drive is turning to be against politicians of opposition parties. If there is sufficient evidence against these persons, they should be subjected to due legal proceedings under relevant domestic laws, rather than the current practice of (mis)using the Special Powers Act 1974. Not only does such misuse violate basic rights as well as international legal principles, it also weakens the domestic legal system.

Threats to human rights defenders

On 3 May 2007, journalist Mr Jahangir Alam Akash, working with the CBS News received threatening phone calls from a  Major Rashidul Hassan Rashid, an official of the RAB-5, questioning him regarding his broadcast of an extrajudicial killing of an alleged criminal by a RAB team on May 2. The team shot the man in his house in front of his wife and young daughter. Major Rashid termed Mr Akash's broadcast as 'anti state activities' and warned him that if any person representing the CSB News or Mr Akash himself makes any further attempt to enter into the area of the RAB’s activities, the RAB will take action against him and his colleagues. [See AHRC UA-149-2007, 5 May 2007]. Such behaviour has prevented the majority of Bangladesh's media from speaking out regarding human rights abuses committed by the state.

Similarly, at around 2pm on 26 April 2007, Mr ASM Nasiruddin Elan, acting director of ODHIKAR, a human rights organization based in Dhaka, received a phone call from Lieutenant Commander Mehedi of the Bangladesh Navy. Mehedi asked Mr Elan to meet Mr Zubayer, Captain of the Bangladesh Navy, at their Naval Headquarters in Banani, Dhaka. A subsequent phone call from the Naval Headquarters Intelligence section informed Mr Elan that Captain Zubayer wanted to discuss two incidents of custodial death that had been previously investigated by Mr Elan’s fact-finding team. Another phone call was made on May 2, at which time Mr Elan requested Lt. Commander Mehedi to send an official letter regarding his request. Mehedi refused to send such a letter and repeatedly called Mr Elan throughout the day. At 4pm, Mr Elan was told that Captain Zubayer would meet him at 9am on May 3.

On the following day a plainclothed individual came to the ODHIKAR office and took Mr Elan to the Navy Headquarters on a scooter. After waiting for some time, Mr Elan was taken to see Captain Zubayer. Several other officers were present as well, some of whom Zubayer addressed as officers of the Directorate General of Forces Intelligence (DGFI). They all began to verbally abuse and threaten Mr Elan, and accused him and all ODHIKAR staff of being involved in seditious and anti state activities. He was further told that he would be arrested if he mentioned this meeting to anyone.  These threats were clearly intended to discourage Mr Elan and his organization from continuing their human rights work. [See AHRC UA-147-2007, 4 May 2007].

Questions For Discussion

1. Are you aware of similar cases of human rights abuse in your country? What remedies can be sought in these situations?