Urgent Appeal from BIHR
Tarique Rahman, Senior Joint Secretary General of Bangladesh Nationalist Party (BNP) is Assaulted During on Remand: Need Physical Security
Name of the victim : Tarique Rahman (39)
Address of the victim : 06, Moinul Hossain Road, Cantonment, Dhaka.
Political Position : Senior Joint Secretary General of Bangladesh Nationalist Party (BNP)
Date of Arrest : March 17, 2007
Date of Torture : 31 December 2007
Incident in Brief: (Based on Victim's Testimony)
Mr. Tarique Rahman, who is the Senior Joint Secretary General of Bangladesh Nationalist Party (BNP), has been brutally tortured by the member of Law enforcing agencies during the time he was under remand at December 31. 2007. According to testimony of Mr. Rahman, we informed that he was tortured inhumanly in the name of interrogation while he was on remand in connection with a corruption case. He was blindfolded and taken to an unknown place from Dhaka Central Jail on December 31, 2007 and he was physically tortured there while being hung from something. He was also blindfolded for over 18 hours during the time he was in police custody for 24 hours in a case filed in connection with concealing wealth in his wealth statement and amassing wealth through illegal means. He did not know who took him from the jail and where he was taken. As a result of tortured in brutally he was suffered physically and psychologically.
Now he is afraid for his life. He is apprehending that if he is placed on remand, he must be victimized in torture again while Gulshan police produced him before the court at 12:15pm on 09 January 2008 with the remand prayer to interrogate him. The lawyers on behalf of Mr. Tarique submitted a petition for the cancellation of the remand prayer and sought bail for Tarique. After hearing both sides, Additional Chief Metropolitan Magistrate Ehsanul Haque rejected the defense plea and placed Tarique on a one-day remand.
Additional Information:
On November 15,2007 the Additional Chief Metropolitan Magistrate, Dhaka Mr. Ehsanul Haque allowed the investigation officer (IO) of the case Sub-inspector (SI) Imtiaz AKM Bhuiyan to interrogate Tarique at the gate of Dhaka Central Jail after the IO prayed for a seven-day remand. Following the order, the IO had interrogated him at the jail gate. Khan Mohammad Aftab Uddin, managing director of Reza Construction Ltd, filed the case with Gulshan Police Station on March 27 against Giasuddin Al Mamun and six others in connection with extorting Tk 1.32 crore from him.
Tarique was shown arrested in the case on April 23 after Mamun gave a confessional statement disclosing Tarique's involvement in the extortion. Joint forces arrested him from his mother's (BNP Chairperson Khaleda Zia) Cantonment residence on March 7 after an extortion case was filed against him. Earlier, Tarique was placed on a 10-day remand in four extortion cases filed with different police stations on different dates.
BIHR Findings:
Mr. Tarique Rahman, who is brutally tortured by the member of law enforcing agency is totally violation of our supreme law Constitution as well as other existing law and international convention. Because under article 35 (5) of our constitution totally prohibited all kind of torture and inhuman as well as degrading behavior, punishment & treatment). Article 35 (5) of the constitution of people republic of Bangladesh said, "No person shall be subjected to torture or other inhuman or degrading punishment or treatment". Beside this, no person, regardless he is a criminal or not, should be subjected to torture by law enforcement officers in any circumstances under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which it is a state party since October 1998. However, it is well known that torture is endemic in police stations in Bangladesh and government of Bangladesh has failed to take genuine action to eliminate such brutal practice of the police despite its treaty obligation under the CAT.
Action requested:
1. An independent commission headed by a High Court Judge is to be instituted with a view to enquire into the matter to ascertain the cause of torture on Mr. Tarique Rahman & publish the report at the earliest;
2. Ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
3. Provide adequate financial compensation to the victims and victim's family as well as guarantee the physical and psychological integrity of victims and victims family
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
5. Provide human rights education and training to the Police Inspectors and policemen who run police stations as well as ensure the Hight Court's Rule regarding to remand;
6. Remove reservation from Art.14 of Convention against Torture.
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