Attention: Urgent Appeal Desk
Dear Colleagues,
Greetings from Bangladesh Institute of Human Rights (BIHR)
Enclosed please find herewith the attached file regarding to the case
of "Enhancing
arbitrary arrest; ill treatment; detention; abuses under the state of
emergency in Bangladesh*."*
BIHR has been received a fact-finding report conducted by the team of BIHR
regarding to Mr. Mahfuzul Haydar Chowdhury Roton, general secretary,
Bangladesh student league (BCL) central committee and final year student of
the department of health economics of Dhaka university has been remaining
under detention for more than one and half a year without any specific
allegation due to being a leader and organizer of BCL.* *
We would like to request you to take appropriate action on that report. In
my opinion, you may take a statement on this regard. It will be highly
appreciated if you kindly inform us about the progress in this regard.
If you need further any assistance please, feel to contact with me.
Warm Regards
Shahanur Islam Saikot
LL.B (Hon's), LL.M (Law & Justice)
Programme Manager
Bangladesh Institute of Human Rights (BIHR).
27, Bijoynagar, Dhaka-1000
Email: saikotbihr@gmail.com
Cell: 88-017-20308080
Urgent Appeal
BANGLADESH: Mahfuzul Haydar Chowdhury Roton, General Secretary, Bangladesh Student League (BCL) Central Committee and Final Year Student of the Department of Health Economics of Dhaka University Has Been Remaining Under Detention From More than One and Half a Year Without Any Specific Allegation Due to Being a Leader And Organizer of BCL.
===============================================================
BANGLADESH: Enhancing arbitrary arrest; ill treatment; detention; abuses under the state of emergency
===============================================================
Dear Friends
Bangladesh Institute of Human Rights (BIHR) has received a fact-finding report regarding to Mr. Mahfuzul Haydar Chowdhury Roton, general secretary, Bangladesh student league (BCL) central committee and final year student of the department of health economics of Dhaka university has been remaining under detention for more than one and half a year without any specific allegation due to being a leader and organizer of BCL. Bangladesh Institute of Human Rights (BIHR) is urging your URGENT attention following the incident:
BIOGRAPHIC INFORMATION:
Name of the Victim :Mahfuzul Haydar Chowdhury Roton
Father's Name : Afser uddin Haydar Chaowdhury
Address of the victim :Vill-Gahira, Thana-Rauzan, Dist- Chitagong.
At present
68/I, 4th floor, North Nilkhet, R/A, Shahabag, Dhaka.
Educational Involvement : Student of Post Graduate Diploma in Health Economics (PGDHE) of the Session of 2004-2005; See ANNEXURE-A.
Political Position :General Secretary, Bangladesh Student League Central Committee.
First Date of Arrest :16 January 2007 at midnight
Cause of Arrest :Violating section 3(1)(Power to make detaining or removing certain person)1 of Special Power Act-1974
Showing Involvement :i)Ramana Thana Case No.44 of 06 Date:11.06.06
ii) Palton Thana No.31(11) of 06
Section :147 (punishment for rioting)2
149(Every member of unlawful assembly guilty of offence committed in prosecution of common object)3
332 (Voluntary causing hurt to deter public servant from his duty)4
333(Voluntarily causing grievous hurt to deter public servant from his duty)5
325(Punishment for voluntarily causing grievous hurt)6
327(Voluntary causing hurt to extort property, or to constrain to an-illegal act)7
307(Attempt to death)8
143 (Punishment of unlawful assembly)9 of penal Code.
Date of Detention :1st time: 17 January 2007 for one month
2nd time: 15 February 2007 extended for 03 months
3rd time: 07 November 2007 extended for 03 months
4th time 24 January 2008 extended for 03 months
5th time: 11 may 2008 for one month
6th time: 09 June 2008 extended for three months
Still he is under detention at Mymensing Central Jail.
Writ on Behalf of Roton : Criminal Miscellaneous case No. 330 of 2007
Under Section :491(Power to issue directions off the nature of Habeas corpus)10 of the Code of Criminal Procedure
Hearing Date :19 March 2008
Judgment Date :02 April 2008
Judgment :The detention of the detenue Mahfuzul Haider Roton in Custody is declared illegal and improper.11
Release from the Custody : 04 May 2008
Again Arrest : 04 May 2008 around at 4.15 pm – immediately after he was release from Mymensing Central jail.
FACT DETAILS:
On 16 January 2007 Rotton was arrested by member of joint forces from Dhaka university central playground area along with his other five political mates. When he asked the joint forces team to show the arrest warrant as well as reason of arrest, they allegedly told him that they are taking him for interrogation but not arresting him. Then the joint forces team took away him to Shahbag Police station. Thereafter, he was shown arrested under section 16(2)12 of EPR and sent to the Central jail.
An order of Home ministry date 17 January 2007 was later issued. In the order, Mr. Roton was given a 30 days preventive detention under section 3(1) (Power to make detaining or removing certain person)13 of Special Power Act- 1974, for "prejudicial acts" mentioned in section 2(f)14 of same Act. The order was signed by a Deputy Secretary (Security Cell) of Home Ministry and Mr. Roton,s detention case number is:05/2007, See ANNEXURE-B.
On January 24, Mr. Rotton received a paper from the Home Ministry signed by a Deputy Secretary (Security Cell-3), containing reasons for his detention under section 8 (Communication of grounds of order)15 of Special power Act-1974 See ANNEXURE-C. The paper mention that Mr. Rotton l was given detention for his involvement with harmful activities against Bangladesh, based on the observation and recommendation by the officer in charge of Shahbag police station and the Special superintendent of Special Branch police of Dhaka City. The paper further mention that Mr. Roton, you was influencing and mobilizing the slum people against the rule of law and law and order of the country by a grand assembly at Muktangon in Dhaka on 06 November 2006 since 5.00 pm to 5.30 pm among with your accomplices. It also mentioned, you was patronizing the terrorist activities and involved in destructive action. It again mentioned, you was bombing and shooting at area of Dhaka University on 19 November 2007 since 11.30 am to 01.50 pm among with your accomplices. It further mention, there were two Cases against you that no. Ramana Thana No.44 of 06 dated 11.06.06 and Palton Thana No.31 (11) of 06 under section 147, 149, 332, 333, 325, 327, 307and 143 of penal Code. The paper also mentions that these crimes violate Section 2(f)16 of the Special Power Act-1974 and that the other information regarding undisclosed for the sake of public interest.
On February 15, another detention for 03 months was imposed on Mr. Rotton based on the extension order signed by Mr. Md. Afzalur Rahman, the Senior Assistant Secretary of the Home ministry's Security Cell-3, under section 3(1)(Power to make detaining or removing certain person)17 of the Special power Act-1974.
In the mean time a Criminal Miscellaneous case that No. 330 of 2007 was filed before the High Court of Supreme Court of Bangladesh by one of his relative named Sheikh Obaidur Rahman, son of Sheikh Abdul Wahab of 405 Mohsin Hall of Dhaka University on Behalf of Mr. Rotton. On 19 March 2007 after hearing, the bench of High Court of Supreme Court of Bangladesh comprising Mr. Justice Md. Abdul Wahhab Miah and Mr. Justice Md. Emdadul Huq was pleased to declare the detention of the detenue Mahfuzul Haider Roton is illegal and improper See ANNEXURE-D and also copy of the judgment date 2 April 2007 forwarded to the (i) Bangladesh, represented by the Secretary, Ministry of Home affairs, Bangladesh Secretariat, Ramna, Dhaka;(ii) Deputy Secretary (Nira) Nirapatta Shakha-03, Ministry of Home affairs, Bangladesh Secretariat, Ramna, Dhaka;(iii) Deputy Commissioner, Dhaka; (iv) Jailor, Dhaka Central jail, Dhaka; (v) Deputy Jailor, Dhaka Central jail, Dhaka; (vi) Inspector General of Police, Police head quarter, Ramna, Dhaka. But the order issued by the High Court was stayed by an order issued by the Appellate Division of Bangladesh Supreme Court, as soon after issued declaration of Mr. Roton detention is illegal and improper.
Thereafter, on 07 November 2007 the advisory board of High Court released the five other leaders who were also arrested with Roton. However the board gave another three months detention to him on 07 November 2007. The same board on January 24 of 2008 extended his detention for an additional three months.
In the meantime, on 25 November 2007, Afser Uddin Haydar Chaowdhury, father of Mr. Roton prayed to the Secretary of Home Ministry demanding the release of his son as well as his better treatment. Later, on 17 February 2008, he organized a press conference demanding the release of his son.
On 04 May 2008, the Mymensing Central jail authority completed necessary formalities to release Mr. Mahfuzul Haydar Chowdhury Roton in the afternoon after receiving the order of his release from the concerned authority and gave him release around at 4.15 pm of same date. Immediately after he was released from the Mymensing central jail from the jail get he was again arrested around at 4.15 on same date. After arrest he was taken to the Kotwali police station and latter admitted to the Coronary Care Unit (CCU) of Mymensing Medical College Hospital (MMCH) with complaints of severe chest pain.
Thereafter, 11 may 2008; an order of district magistrate office, Mymensing was issued. In the order, Mr. Mahfuzul Haydar Chowdhury Roton, son of Afser Uddin Haydar Chaowdhury of village-Gahira, Police station- Rauzan, distric- Chitagong at present Zahurul Haque Hall, room No. 09, University of Dhaka was given a 30 days preventive detention under section 3(2) of Special Power Act- 1974, See ANNEXURE-E. The order was signed by a district Magistrate, Mymensing and Mr. Rotton,s detention case number is:10(5)/08-336. He also got paperON 12 mAY 2008 containing reasons for his detention under section 8 of Special power Act-1974, See ANNEXURE-F. The paper has been mentioned that Mr. Roton, l was given detention for his involvement with harmful activities against Bangladesh under section 3(2)18 of special power act-1974. The paper has further been mentioned that you are a terrorist and cadre. The people are aggrieved with you as well as they hate you. It has also been mentioned that there was a General Diary that No. 219 dated 04 May 2008 under section of 16(2)19 of Emergency power ordionace-2007 See ANNEXURE-G relating to your terrorist activities. It further mentioned that you Mr. Roton, you was influencing and mobilizing the slum people against the rule of law and law and order of the country. You were patronizing the terrorist activities and involved in destructive action. The paper also mentions that these crimes violate Section 3(2)20 of the Special Power Act-1974 and that the other information regarding undisclosed for the sake of public interest.
Then, on 04 June 2008, he was appeared to the Chief Judicial Magistrate court in Mymensing district (1 No. Cognizance Court, Mymensing) referring the Kotwali Police station General Diary No. 219 dated 04 May 2008 under section 16(2)21 of Emergency Power Ordinance-2007.
At last, 09 June 2008, the detention was extended to Mr. Mahfuzul Haydar Chowdhury Roton for three months and he is still under detention at Mymensing Central jail and there is no specific allegation against him.
Meanwhile, Due his being severe illness at jail custody, on 29 October 2007, he was admitted to Dhaka Medical College hospital (DMCH) and he was released from hospital on 26 November 2007 although he was not cured. Still he is suffering for various mental and physical complaints but the concerned authority did not take proper measure to cure his physical and mental complaints.
BIHR FINDINGS:
Mr. Mahfuzul Haider Chowdhury Roton, who has been remaining under detention for more than one and half a year due to his being a leader and organizer of Bangladesh student league, is violation of fundamental rights describing in article 32(Protection of right to life and personal liberty) 22 and 33 (Safeguards as to arrest and detention) (i)23(ii)24 of the constitution of Bangladesh as well as violation human rights describing in article 825 & 926 of United Nation Declaration of Human Rights (UDHR) and article 927 of International Covenant on Civil and Political Rights (ICCPR). Not only the incident regarding to Mr. Roton but also more incidents like this are committing by the present army backed caretaker government. But the victims failed to get remedy against violating their fundamental rights as well as human rights. Even the judicial system of Bangladesh failed to ensure their fundamental rights as well as human rights.
ACTION REQUESTED BY BIHR:
Please write letters to the relevant authorities
1.to release the victim Mr. Mahfuzul Haider Chowdhory Roton ASAP and ensure his proper psychological and physical treatment..
2.to form an independent commission headed by a Supreme Court Judge with a view to enquire into the matter of detention of Mr. Roton as well as publish the report at the earliest;
3.to ensure exemplary punishment of the persons who were directly and indirectly involved in this violation of human rights;
4.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;
5.to abolish the Special Power Act-1974 as well as existing other black laws that are usually use as tool of such kind of human rights violation;
6.to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
7.to provide human rights education and training to the Police Inspectors and policemen who run police stations
8.to remove reservation from the Art.1428 of Convention against Torture as well as ratified Optional Protocol to the Convention Against torture and Other inhuman, Cruel or degrading Punishment or treatment-OPCAT.
PLEASE SEND YOUR LETTERS TO:
Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: info@pmo.gov.bd
2. Mr. Mohammad Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058
Tel: +880 2 956 2792
3. Major Gen MA Matin (retd)
Adviser
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069
Email: minister@mha.gov.bd
3. Mr. A F Hassan Arif
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O)
4. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677
5. Brig. General Zakir Hossain
Inspector General –Prison (IG-Prison)
Central Jail
Dhaka
Thank you.
Urgent Appeal Programme
Bangladesh Institute of Human Rights (BIHR)
27 Bijoy Nagar, Dhaka-1000
saikotbihr@gmail.com, bihr@bangla.net
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