Shahanur Islam Saikot
LL.B (Hon's), LL.M (Law & Justice)
Team Leader & Team In Charge
Legal Aid, Lobbying, Campaign & Advocacy Team
Bangladesh Institute of Human Rights (BIHR).
27,Bijoy Nagar, Dhaka-1000.
A College Going Student Has Been Victimized in Barbaric Torture by the Policemen
The news headed "A College Going Student Has Been Fabricated False Arm Case" was published the daily bangla news paper "The daily Amader Somoy" on 10 March 2008. The news came to knowledge at the concern authority of Bangladesh Institute of Human Rights (BIHR) and a fact-finding mission has been conducted by a fact finding team of Bangladesh Institute of Human Rights (BIHR) comprising Adv. Shahanur Islam, Team Leader & Team In Charge, Legal Aid, Fact-Finding, Urgent Appeal, Lobbying, Campaign & Advocacy Team of BIHR and Md. Rafiquel Islam from 13 to 18 March, 2008.
Name of the victim : Nazir Ahmed Nadim (20)
Address of the victim :Vill: North Teteshar, P/s-Fulgazi, Dist: Feni
At Present-
16/A/7 Mirbag, Nayatola, Ramna, Dhaka.
Educational qualification :Secondary School Certificate (SSC)
Occupation :Student
Date of Arrest :07 March Early in the morning, 2008.
Date of Torture :From 07 March Early in the morning to 08 March 2008
Place of Torture : Police Custody, Ramna, DMP, Dhaka
Name & Designations of the perpetrators
:i) Daulat Akber, Officer in Charge
ii) Aksed Ali, Sub Inspector
iii) ABM Mehedi Masud, Sub Inspector & others unidentified policemen
Above mentioned were on duty at the time of torture.
Methods of Torture : Slapping, kicking with boot, hanging with ceiling, beating with baton & hockey stick, electric shocking, threatening to kill by crossfire, using filthy language etc.
Fact (Based on testimony of victim, victim family, perpetrators and administration):
Mr. Nazir Ahmed Nadim is an intermediate level student of Matijheel Ideal College of Dhaka in Bangladesh. He is continuing his study living the house of his aunt as lodging. Recently he was learning mobile servicing beside his study due to his poverty. Previously he was not involved with any offensive activities. Even, there was no allegation to the concerned police station against him as well as any general diary against him. Though, there was no allegation against him, the policemen of Ramna police station arrested him and brutally tortured him. After arresting, the policemen demanded 50, 000/= taka as bribe considering him not torture with his family member. But his family was unable to pay such amount of money and they agree to pay 15,000/= taka as bribe. Then they paid 10,000/= taka to Sub Inspector ABM Mehedi Masud and promised to pay rest of the money after his release. Though they promised not to torture Mr. Nadim, but they broke their promise and tortured him severely keeping two days in police custody. As a result, middle three fingers of his left hand was fractured and rights hand was swelled as well as all around of his body severely injured. Then, the policemen produced him to the court implicating a false and concocted snatching case demanding remand. But observing the physical condition of Mr. Nadim the learned court sent him to jail custody and he was taken primary treatment from the jail hospital.
Statement of the Victim:
Mr. Nadim Ahmed who was brutally tortured by the policemen told to the fact-finding team, "I am not a terror or offender and I haven't done any crime or offense. There is no case in police station against me, even a general diary. I was living my aunt house and continuing my study as well as learning mobile servicing due to my poverty. On 07 March 2008, early in the morning I was arrested by the policemen during of the time of my sleeping at my aunt home and took me at Ramna police station. Then, some of the policemen including OC of Ramana police Sation Doulat Akber, sub inspector Akshed and Mehedi starting to beat me combinely. They tortured me time to time. As result of their torture, middle three fingers of my left hand has been fractured and all around of my body severely injured. They hanged me with ceiling and beaten me with baton & roller stick. They slapped, kicked by boot as well as used filthy language. They also threatened me to kill as crossfire if I would not confessed identifying me as an offender. In this time, they pressurized me to brink money to give them as bribe if I want to live". He also said that the police men have been destroyed his life forever and he demanded the exemplary punishment of those policemen who has tortured him brutally.
Statement of the Victim's Mother:
Shahanaj Begum, mother of the victim said to the fact finding team, " I reached my sister house after hearing the arrest news of my beloved son. Then I went to the Ramana police station to release my son. But Si Mehedi Masud and Aksed demaded from me 15,000/= (fifty Thousand) taka as bribe conditioning not to torture my son. At first we disagreed with their proposal, then we agreed to pay 50,000/=(fifteen thousand) taka as bribe thinking about the life of my son and paid to SI Mehedi ten thousand taka. Though they took 10,000/ (ten thousand) taka as bribe, they tortured brutally on my son and proceeded him fabricating a false arm case."
Statement of the Victim's Aunt:
Nazma Akter, Aunt of the victim said to the fact-finding team, "on 06 March 2008 midnight the policemen came to my house and asked about my nephew. When I asked them about the reason of finding my nephew, they used filthy language to me as well as attempted to beat me. Then being afraid I showed them my sister home where Nadim was stayed."
Statement of the perpetrators:
SI Aksed who is one of the perpetrators said to the fact-finding team, "No torture has been committed on Nadim by us. Moreover, I am not responsible for the investigation of this case. So it is not true to commit tortured on Nadim by me." He also dennied the allegation of taking 10,000/=taka as bribe.
Statement of Officer in Charge of Ramana police Station:
Doulat Akber, officer in charge of Ramna police station who is also as alleged perpetrators said to the fact-finding team, " Nadim is a snatcher and terrorist. There was more allegation against him." He also said, "though he is a marked terrorist, we did not torture him."
BIHR Findings:
It is clear to the fact-finding team after speaking with victim, his family members, neighbors, witnesses, perpetrators and administration that influencing by someone the policemen brutally tortured Mr. Nadim. During the time of fact-finding, middle three fingers of his left hand was fractured and rights hand was swelled as well as he was looking so weak and gloomy. The policemen not only tortured him but also compelled him and his family members to give them 50,000/= (fifty thousand) taka as bribe. Though his family member gives 10,000/= (ten thousand) taka as bribe, they tortured him as well as preceded him to court implicating with a false and concocted arm case after 2 days of his arrest, which is totally violation of our supreme law constitution as well as other existing law and international convention. Because article 33 (ii) of our constitution stated that Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. Beside this, 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 Stated, "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 not 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 Bangladesh 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:
Ø 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 Nazir Ahmed Nadim & publish the report at the earliest;
Ø to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
Ø 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;
Ø to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
Ø 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 of Convention against Torture.
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