At least 32 people have died so far due to alleged torture by
the army and there are reports of about ten more deaths in suspicious
circumstances.
"Neither justice nor the fight against crime will be served by
ignoring fundamental human rights standards," Amnesty International said.
"The government must initiate an independent investigation and
give a credible explanation for the deaths. There are strong and
persistent allegations that they were caused by torture in army custody
and not - as the authorities claim - 'mainly from heart failure or from
injuries the victims caused themselves trying to escape'," Amnesty
International said.
In at least one case, family members have reportedly filed a case
before a Magistrate court in Dhaka challenging the army's account that one
of the victims, Abul Hossain Litu, had died after he jumped from the top
floor of his two-storied farm building during a failed attempt to escape.
They say the farm building does not have two stories and that he died from
torture after army personnel tied his hands and legs, blindfolded him,
tied him to a tree and beat him severely. His body was then handed over to
the police.
Despite repeated calls by Amnesty International for a thorough
investigation of the reported deaths, no investigation has so far been
carried out.
Amnesty International urges the government of Bangladesh to start
immediately impartial, independent and competent investigations, ensuring
that:
- investigators gather all relevant information including testimonies from
eyewitnesses;
- witnesses are protected against any threats or acts of retaliation;
- the findings of the investigation are made public, and
- all those found
responsible for the deaths are brought to justice.
Reports in the Bangladeshi press on 31 October that committees
headed by senior army officers have been formed to investigate the deaths
were contradicted by reports on 13 November quoting Moudud Ahmed, the
Minister of Law, Justice and Parliamentary Affairs. He told journalists
there would be no separate investigation into any of these deaths but, as
with any other deaths, a magistrate would probe the cases. However, no one
has so far been brought to justice and no determined action appears to
have been taken to stop torture.
Amnesty International is also concerned about the arrest and
continued detention of journalists, human rights defenders and opposition
politicians accused of 'anti-state activity'. Among those currently in
detention are prisoners of conscience Shahriar Kabir, a journalist and
human rights activist, and Dr Mutasir Mamun, a university professor,
detained on 8 December and accused reportedly of "anti-state activity" on
grounds of giving interviews to foreign reporters.
Pricila Raj, an interpreter with two European journalists making a
report in Bangladesh for the British television network, Channel 4, and
Saleem Samad who worked with them as a local guide, continue to be
detained as prisoners of conscience. They are accused of sedition on the
grounds that they assisted the two European journalists.
"Detention of critics and political opponents under the Special
Powers Act (SPA) must cease and all SPA detention orders must be
withdrawn. Allegations of torture made by the detainees should be
investigated by an independent, impartial and competent authority and
perpetrators brought to justice," Amnesty International said.
Background
Operation 'Clean Heart' started on 17 October as a campaign against crime
carried out by the army. It was the government's response to growing
concern within Bangladesh and the international community about the
continuing deterioration in law and order, including a rise in criminal
activity, murder, rape and acid throwing.
However, the legitimacy of the
army's involvement in 'Operation Clean Heart' is not clear. While Amnesty
International notes that the government's stated aim is to improve law and
order, it urges the government to ensure that the army's activities are
conducted within the rule of law and with respect for human rights.
Politically motivated arrests of opposition politicians which
began in early 2002 with the detention of two senior Awami League leaders,
Bahuddin Nasim and Dr Muhiuddin Khan Alamgir, continue unabated. Arrests
since then have followed a clear pattern.
Opposition politicians are arrested under Section 54 of Code of
Criminal Procedure which allows detention without a warrant for up to 24
hours. During this period they are interrogated, held incommunicado and
often tortured. They are brought before a magistrate who often sends them
back into police custody for further investigation, during which time they
are often subjected to further torture. A series of "criminal" cases are
subsequently filed against them on the basis of dubious evidence.They are
then sent to jail custody as "under trial" prisoners. The only remedy they
have is to seek release on bail through lengthy and complex court
processes, but each time a court grants release on bail in one case,
another "criminal" case is filed against them.
When there are no more cases to file against them, the government
secures their detention under the Special Powers Act which overrides
safeguards in Bangladesh law for protection against arbitrary arrest. The
only remedy is through the lengthy process of appeal before the High Court
Division. A detention order under the SPA cannot itself be challenged
before a court. It is only on procedural grounds that SPA detention orders
have been declared unlawful by courts in Bangladesh. When lawyers manage
to obtain court orders for the release of prisoners on bail and courts
rule the detention orders under the SPA illegal, prisoners are usually
released but they continue to be harassed, and some have been rearrested
on similar grounds.
The cases of several Awami League leaders currently in detention
fall within this pattern. They include possible prisoners of conscience
Saber Hossain Chowdhury, Sahfi Ahmed, Mukul Bose, Sheikh Bazlur Rahman and
Tofael Ahmed.
Human rights activists which include academics, journalists and
staff of non-governmental organisations seen as being critical of
government policies are particularly at risk of prolonged detention and
ill-treatment in custody. The same tactic of bringing "criminal" charges
and detention orders under the Special Powers Act is also used to keep
them in custody.
On 13 December, Enamul Haque Chowdhury, a reporter
working with the Reuters news agency in Bangladesh, was arrested after the
Home Minister refuted comments attributed to him in several Reuters
reports.