Urgent Appeal
A Student League Leader Brutally Tortured by the Policemen Influencing by the Rival group Due to Family Dispute
Name of the Victim :Aminul Islam Shahin
Father name of the Victim :Late Muzaffar Gazi
Present Address of the victim :Ashif Cottage, New Circular Road, P/s: Kotoali,BMP,Barishal.
Permanent Address of the Victim :Vill: Pingalakathi, Post & P/s: Gaur Nadi, Dist: Barishal.
Age of the victim :29 years
Occupation of the Victim :Student of Seven Semester, Computer Science & Engineering Discipline, University of Queens, Dhaka.
Political background of the Victim :Organizing Scecretary, Bangladesh Student League, (A Student unit of Bangladesh Awami League) Gaur nadi Thana Unit, Gaur Nadi, Barishal.
Religion of the victim :Islam (Sunni)
Date of Torture :In the beginning of the day of 09 November 2007.
Day of Torture :Friday
Time of Torture :From 12.15 am to 1.30 am.
Duration of Torture :Around 45 minutes.
Place of Torture :Own house (Permanent Resident) & in front of Howlader's House (Beside his own house).
Methods of Torture :Slapping, Kicking with boot, Beating with rifle bat & Baton, Verbal abuse, Threat of death as cross fire.
Name& Designation of perpetrators:
1. Monjur Morshed (Sub Inspector)
2. Nazrul Islam (Assistant Suib Inspector)
3. Md. Sumun Miah (Constable No. 1416)
4. Md. Saiful Islam (Constable No.1386)
5. Md. Mizanur Rahman(Constable No.1419)
6. Md. Nizam Uddin(Constable No.563)
7. Md. Unus Ali (Constable No.416)
Above stated were on duty under Gaur Nadi Police Station PCC No. 952/07 dated 08/11/2007 at Gaor Nadi Police station.
Name of the conspirators :
1. Abu Bakker Gazi
2. Shah Alam Gazi
3. Kohinur Gazi
4. Osman Gazi
5. Sufia Begum
6. Nurul Islam Gazi &
7. Ms.Lima
Above mentioned are village Pingalakathi, Post & P/s-Gaur Nadi & Dist-Barishal.
Torture History in brief: (According to victim & eyewitness testimony)
On 09 November 2007, beginning of the day, around at 12.15 am, seven members of policemen of Gaor Nadi Thana led by SI Monjur Morshed were knocking the main door of victim Aminul Islam Shahin's permanent resident, while he was lived there to care his old grandfather. Hearing the knocking sound, the made servant of them Ms. Ranu Begum arose from sleeping and asked their identity. But the policemen denied to disclose their identity rather continuing to push the door forcefully. Again, she (Ms. Ranu Begum ) asked them to disclose their identity, otherwise asked them to come tomorrow. At once they introduced themselves as men of administrative and forced her to open the door. But while she was disagreed with them, they broke the door, kicking by boot and storm in to the home. Then they were looking after Mr. Shahin. In this time, Mr. Shahin was sleeping in his room. Hearing the sound of pushing door as well as commotion, he arose from sleep and being afraid thinking about the attack of robber. To save himself from the attacked of robber, he trying to flee away with the back door of his room, but unfortunately he picked up by the policemen during he was reached in front of Hawlader House. Then the policemen grabbed him and tortured severely. They slapped him, kicked him by boot as well as beaten him by rifle bat and baton. In this time he fall down on the ground, then they kicked upon his chest with boot as well as poked by the sharpen part of the rifle all around his body. They also uttered filthy language as well as threatened him to killed by crossfire, entering the rifle pipe in to his mouth. In this time Mr. Shahin requested them not to torture by begging his life. Hearing the crying sound of Shahin, some of his neighbors arouse from the sleep & trying to ahead to save him. But the policemen prevent them by introducing themselves as policemen as well as they are picking up a thief. But Mr. Shahin introduced himself as the Son of Mr. Muzzaffar Gazi and requested them to save him from the policemen as well as he fall out of sense. Knowing Mr. Shahin, while his neighbors were come at a time and prohibited them to torture, the policemen were tried to flee away keeping him senseless. But the combined protest of the people, they admitted him the local health complex as an accident patient. But while his condition was being deteriorated, the health complex authority referred him to admit Barishal Shere Bangla Medical College Hospital on same day. Then he was admited Shere Bangla Medical College Hospital, Barishal and taken treatment from 09 November to 12 November 2007. Then he was admitted National Institute of Kidney Disease and Urology (NIKDU), Dhaka at cabin No.3/A on 13 November 2007 for better treatment in accordance to advise of authority of Shere Bangla Medical College Hospital, Barisha, where he was taken treatment till 24 November 2007. Then on 25 November 2007, he was admitted to Bangladesh Rehabilitation Centre for Trauma Victim's (BRCT) clinic for integrated treatment and still he is under treatment at BRCT.
Background History:
Abu Bakker Gazi, who is the neighbor of the victim, was living an unsocial life from long days. There was an illegal relation between the conspirator Mr. Abu Bakker Gazi and Ms. Lima. The incident of illegal relation was disclosed to all people of the village during they was committing unsocial & illegal activity and the incident was also published on daily news paper in national and local level. More than one time, arbitration meeting was set up with the prominent people in that locality regarding to their unsocial activity. The victim gave statement as a witness at that meeting against them and he also protested against their unsocial activity in personal level. As a result they were aggrieved with him and seeking scope to treat the victim as revenge. So, they make a blue print to treat him by the police personnel of Gaurnadi Police station. Then they gave illegal money to SI Monzur Morshed as bribe and encouraged him to kill him.
BIHR Findings:
Mr. Aminul Islam Shahin, who is brutally tortured by the member of law enforcing agency influencing by his rival group 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:
- to form an independent commission headed by a High Court Judge with a view to enquire into the matter to ascertain the cause of torture on Mr. Aminul Islam Shahin & publish the report at the earliest;
- to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
- to provide adequate financial compensation to the victim and victim's family as well as guarantee the physical and psychological integrity of victim and victims family;
- to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
- to provide human rights education and training to the Police Inspectors and policemen who run police stations as well as to remove reservation from the Art.14 [1] of Convention against Torture.
N:B:
This report has been prepared by a fact-finding team of Bangladesh Institute of Human Rights (BIHR) in cooperation with the Centre for Fact-Finding and Research (CHFR) comprising two member by Adv. Shahanur Islam, team leader & team in charge, Lobbying, Campaign & Advocacy Team of Bangladesh Institute of Human Rights (BIHR), 27, Bijoy Nagar, Dhaka-1000..
[1] 1. 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.
2. Nothing in this article shall affect any right of the victim or other persons to compensation, which may exist under national law.
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