Questions and dialogue from other participants centred on the right to information, particularly in remote areas, and questions around how JusticeMakers Bangladesh are working with sexual minorities currently and the goals for future operations in this area. Mr Islam responded that he has begun interviewing sexual minority individuals and organizations in order to discover the rights and violations involved and how LGBT rights are viewed in Bangladesh.

In preparation for a community information session that he will conduct in the near future, JM 2010 Shahanur Islam recently republished a brochure about human rights standards in Bangladesh. As the head of the Bangladesh Institute for Human Rights (BIHR), Shahanur first designed the brochure several months ago, in preparation for a door-to-door campaign to highlight the problem of torture in prisons. The pamphlet empowers ordinary Bangladeshis by informing them—in language easily understood by a layperson—of their rights once they are behind bars. As part of the community information session, Shahanur intends to distribute the brochure to residents of Dhaka who have fallen victim to police abuse.

Shahanur says that his intention in creating and publishing the pamphlet was to remove a “veil of silence” that keeps torture victims from asserting their rights as human beings and citizens of their own country. Understanding that citizen activism is often muffled by illiteracy and a lack of education, the brochure contains short, impactful phrases that ordinary citizens can learn ad share with their neighbours and friends, to help amplify their voices.

Written entirely in Bangla, the brochure includes information on constitutional, legal and religious prohibitions against torture. It also addresses the kinds of acts which constitute torture, and statistics about the frequency with which it occurs in Bangladesh.

Flyer contains

Aim:

• to convey the message of human rights and law at each and every house of the community;
• to cultivate a culture of human rights which will make people dutiful and tolerant to each other through practice.

How will the Information Session Proceed?

• Join the view exchange meeting first
• Read and follow the human rights curriculum
• Participate in the rallies protesting torture

Where is torture prohibited?

• Article 35(5) of the Constitution of the People’s Republic of Bangladesh
• Article 5 of Universal Declaration of Human Rights (UDHR)
• Article 7 of International Covenant on Civil and Political Rights (ICCPR)
• Obligation of Compensation is mentioned in Civil Procedure
• Criminal Procedure Code
• UN Convention Against Torture
• In the religious and holy books

Let us make people aware of the prohibitions on torture mentioned in the constitution, law and religion.

How do we suffer as a result of torture?

• A person is punished physically
• A person loses mental inspiration to work
• Economic life of a person becomes damaged
• A person loses his life
• Torture creates panic and fear in society
• A person’s personality is affected
• A person becomes burden upon his family
• Torture is threat to democracy
• Torture is threat to development

Torture is a Social Disease:

Incidences of torture in Bangladesh have increased alarmingly over the past years. Death, rape, sexual harassment, and blackmail are endemic problems. Though it is the duty of the police to protect citizens against violence, they themselves have allegedly killed many people and destroyed many lives in custody.

Self Realization:

It is essential for awareness of torture and its consequences are more widespread in order for Bangladeshi society to become “torture free”.

Appeal:

Come on! To uproot these diseases from our society lets us empower the women and increase the capabilities of people and create opportunities for every one to make the administrators accountable to us, in order to build up a torture free society.

Let us speak out against torture before we become its victims. Let us generate a movement!

The lesson/slogan:

Who are we: Owners of the state

The Constitution declares that: We are the owners of the state

Public officers are: The servants of the people

Accountable administration: The requirement of the time

Democracy requires: Accountable administration

Neither will I torture: Nor I will be tortured

My home is: Torture free

Torture in police remand is: A violation of Human rights

Torture in police custody is: A violation of the constitution

Rule of laws: Determines the jurisdiction of police

To provide public service: Is the duty of the police

Torture of children and women is: A violation of human rights

For the development and children and women: Human rights are essential

To establish human rights: We should be conscious

To establish human rights: Passion is essential

To gear up our mental strength: Let us learn human rights

Build a group based on human rights: Mental strength will be enhance

Get organised: Get more wealth

Live with human rights: Build new society

Practice human rights: Preserve the resources of the state

To drive human rights: We should be conscious

Learn human rights: To build new society

Core of human rights is: Development of the people

Main theme of the development: Capability of the people

If you do your duty: I will get my rights

Preserve one’s rights, first: Enjoy your own rights then

The people of Bangladesh: Resist torture

Torture free Bangladesh: Promise to build one

Aim should be politics: Main theme is human rights

The lights of human rights: Lit in every house.

On January 04, 2011 Justices A H M Shamsuddin Chowdhury and Sheikh Zakir Hossain issued summons for Madaripur district police superintendent, Sarder Tamijuddin Ahmed, and officer-in-charge (OC), M Moshiur Rahman, who stand accused of torturing Shila.

Shila’s husband had previously been severely assaulted and she felt the police had not sufficiently investigated the case. On October 05 2010, Shila wanted to lodge a complaint highlighting the negligent behaviour of the officers. According to her account, the police superintendant, Mr. Sarder, was unhappy by her statement and tried to force her to withdraw the case. When she refused, he violently assaulted Shila causing significant injuries to her arm, neck and back. Fearing further recriminations, Shila dared not approach the local hospital, and instead had to wait two days before visiting Dhaka Medical College Hospital, on October 07.

Shila took her case to Shahanur, who documented the claim and alerted the authorities to Shila’s plight. Since these issues have come to light, the courts have issued an order asking the home secretary, law secretary, police inspector general and deputy inspector general to investigate her complaints. The superintendant and officer in charge are now required to ensure Shila’s safety while the case progresses. The law secretary has been asked to form an investigative committee.

All of this is due to the work of Shahanur, who, through the JusticeMaker grant, is able to support the powerless in their struggle for justice. To ensure that this does not happen again, Shahanur will also file another case with the chief magistrate court pressing criminal charges against the perpetrators within the next week.

Attendees were from the south of the country comprised of young professionals from a variety of sectors. Participants included 15 lawyers, four police and prison officials, five journalists, three judicial officials and three human right activists. Two of the attendees were selected as trainers for future events. The goal of the training was to instruct the participants on how to raise awareness about Bangladesh’s commitments to human right and reducing torture.

The training consisted of highlighting various aspects of international human right treaties. Shahanur explained the concept, definition and origin of human rights, including details of the Universal Declaration of Human Rights (UDHR), whilst comparing it to the constitution of Bangladesh.

In addition to the UDHR Shahanur addressed the Convention Against Torture (CAT) and the Optional Protocol to the Convention Against Torture (OPCAT). Bangladesh is a signatory of CAT however has chosen to opt out of Article 14 which states the following:

“Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.”

Bangladesh’s reservation was registered as follows:

“The government of Bangladesh will apply Article 14 in consonance of the existing laws and legislation in the country.”

This reservation could potentially be problematic if national laws in Bangladesh regarding torture do not meet international standards.

An additional element which could raise concerns surrounding the eradication of torture is the fact that Bangladesh has not signed OPCAT. Shahanur emphasised to his audience the need to do so as the objective of OPCAT is this:

“The objective of the present Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.”

With his JusticeMakers project underway Shahanur continues to raise awareness surrounding basic legal right within Bangladesh.

The majority of prisons in Bangladesh have no medical facilities. Only eleven of 67 prisons have primary treatment centres which are staffed by a doctor; Kumilla, Sylehet, Mymensing, Jesore, Barisal and Kashmipur each have one doctor; in Chittagong two are active, Dhaka central prison has a total of five doctors as staff. The prisons in Rabgpur, Rajshahi and Khulna have hospitals, but no doctors to provide medical care, none of the hospitals have nursing staff. The remaining 56 prisons do not have any medical facilities. In total there are 16 general practitioners for every 100,000 inmates. Critically ill patients are transported to the closest general hospital by prison van. In some cases the prison authorities hire outside doctors to treat sick prisoners and provide basic medicines such as Paracetamol, Napa, Histamines and oral saline free of charge. For a disease like TB, which is prevalent in Dhaka Central Jail[i], expensive medicine has to be purchased by the prisoners. Bangladesh should be encouraged to maintain humane prison conditions in keeping with international standards.

On October 12, 2010, Adv. Shahanur Islam Saikot, JusticeMaker Fellow 2010, and also Executive Director of Bangladesh Institute of Human Rights (BIHR) took up Mr. Badal’s defence and conducted interviews with the accused and his family. Additionally, Shahanur visited the relevant authorities to inquire about the reasons for arresting Mr. Badal and the police’s interrogation techniques. However, the police did not supply him with the requested information.

According to the family’s statement, Mr. Badal was seized in his home where he lives with his wife and two children, in a building in which he is  also employed as the caretaker. At noon on October 6, police entered his workplace and arrested him. According to the family’s statement, after violently assaulting Mr.Badal, the police searched his house without a search warrant, allegedly looking for drugs. None were recovered, however they found BDT 11,000.00 (USD$156), which they confiscated.

According to Mr. Badal, upon being brought to the Rama Zone office of Drug Control Directorate in Dhaka, the police used brutal interrogation techniques in attempt to coerce a confession. Throughout the incident, the police never provided evidence for their accusations, simply citing Mr. Badal’s physical proximity to a drug dealer living in the same building as their reasoning for his probable guilt.

Adv. Shahanur Islam Saikot talking with the wife and daughter of the accused

Shahanur has applied for bail on Mr. Badal’s behalf, and currently, Mr. Badal is in jail awaiting a court order that would grant him release.  He maintains his innocence.  Shahanur has vowed to continue to work with the Badal family to resolve this matter and

The training aims to assist in achieving the goal of torture eradication in Bangladesh. The sessions will held in October 2010 in Khulna and in November in Naogaon. From these sessions several participants will be selected to assist Mr. Shahanur in conducting informational meetings on human rights to reach out to the general public. These meetings, to be held in 2011, will be hosted by universities, schools and community centers.

During the training sessions in October and November, Mr. Shahanur will use different teaching techniques. He will for instance distribute informational materials, deliver lectures, making use of Power Point presentations, conduct brainstorming sessions, etc. The programme will cover the concepts, definitions and origins of human rights, discuss details about the Universal Declaration of Human Rights (UDHR), as well as focus on specific articles of the UDHR. Mr. Shananur will make a comparison between the Constitution of People’s Republic of Bangladesh and the UDHR.

Significant time is scheduled to discuss the concept and definition of torture.  as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Committee Against Torture(CAT).  He will address which articles have been reserved by the Bangladesh Government, when the government of Bangladesh ratified the CAT, what the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) implies and how it affects Bangladesh.

Mr. Shahanur is also working on preparing materials for the informational human rights sessions that will be open to the public in 2011. The collection and preparation of information on the articles and sections from the Constitution of Bangladesh, existing laws and international human rights instruments are completed.

Accompanied by his assistants Mr. Shahanur will use these materials during the informational sessions. The meetings will have the same structure as the training for professionals, thus conducting lectures, distributing papers and informational materials in order to raise awareness and enhance knowledge on fundamental human rights to empower the citizens of Bangladesh.

The initial arrest took place after Professor Humayun Azad was seriously injured during an assault in front of the Bangla Academy on his way back home on February 27, 2004. The next day, police arrested Abbas, the Mass Education Affairs’ secretary at the Bangladesh Chhatra League, for the attack on Professor Azad.

Following his arrest, Abbas was taken to the Ramna police station where four police officers tortured him in order to extract a confession. He was released on bail after 14 days.

In the subsequent probe of the assault, completed on November 15 of 2007, charges were only pressed against Jama’atul Mujahedin Bangladesh members; Abbas’ name was dropped from the investigative documents after the probe.

On March 5, 2008 Abbas filed suit at the Dhaka Chief Metropolitan Magistrate’s Court. In his suit he accused Luftuzzaman Babar, former state minister for home, Mahbubur Rahman and three other police officials of torturing him during his detention.

JusticeMaker Fellow 2010 Shahanur Islam (far right) with the victim outside court

As a result of this suit , Metropolitan Magistrate Mehedi Hasan Talukder ordered the police detective branch (DB ) to review of the initial investigative report.  Its findings, released on June 14, 2008 by inspector Abul Kalam Chowdhury, found that Abbas’ claims were ‘false’ as no instance of torture had taken place.

Abbas’ lawyer submitted a petition expressing ‘no confidence’ in the report, submitted on July 23, 2009, leading Metropolitan magistrate Faisal Atiq bin Kader to order further inquiry. The case was handed to the Criminal Investigation Department (CID) on July 23, 2010. This secondary review, released on August 19, found Abbas’ allegations to be true.

‘The four policemen have committed offences under Section 330, 331 and 34 of the penal code by physically torturing Abbas at the Ramana police station in the period between February 28, 2004 and March 3, 2004 in the name of extracting confession from him,’ the investigation report by CID inspector Ehsan Uddin Chowdhury stated.

The court also asked serving Ramna police officer-in-charge Shibli Noman to report back on execution of the warrants by October 26. The warrants were issued for former officer-in-charge Mahbub, currently on suspension, subinspectors Rezaul Karim, now posted to the Pabna Kotwali station, Naser Ali, employed with the Special Branch (Dhaka city), and sergeant Anwar Hossain, who has been sent to the Jatrabari police force.

Legal assistance was provided to Abbas by the Bangladesh institute of Human Rights (BIHR). He was represented by Advocate Shahanur Islam during the hearing on behalf of BIHR. Shahanur is a winner of an International Bridges to Justice competition, making him a 2010 JusticeMakers fellow.