In Bangladesh, 'remand' is synonymous with 'torture'

DHAKA. 8 June 2010. According to the latest report on Mahmudur Rahman by the Human Rights Organisation Odhikar, the Metropolitan Magistrate Ismail Hossain of Court no. 7 placed Mahmudur Rahman under a four day remand in the Anti-Terrorism Case at Uttara Model Police Station and and another 4 day remand in the sedation case lodged at the Airport Police Station.Thus he will be taken into remand for 12 days.

As was reported by Odhikar earlier, Mahmudur Rahman, Acting Editor of the Bengali Daily Amar Desh was placed under four days remand by two Metropolitan Magistrates in two separate cases on 07 June 2010. A three-day remand was given in the Tejgaon Police Station Case No 2(6)2010 dated 02.06.2010 and a one-day remand was granted in the Kotwali Police Station Case No. 5(6)2010 dated 02.06.2010.

In the meantime he had also been implicated in two more cases, which are Uttara Model Police Station Case No. 43 dated 19.04.2010 under Section 6(1) of the Anti Terrorism Act 2009 and also in a sedation case at the Airpoty Police Station No.21 (6)2010 dated 09.06.2010 under sections 121A, 124A and 114 of the Penal Code. THESE CASES HAVE BEEN FILED AFTER HIS ARREST on 02 June 2010. It is also important to know he was arrested by police without any warrant on 02 June 2010 from his newspaper office, at around 4:00 am. Two cases were filed against him - case No 1 (6) 2010 under sections 419, 420, 500 of the Penal Code under the Tejgaon Industrial Area Police Station and case No 2 (6)2101 under sections 143, 342, 332, 353, 186, 506, 114 of the Penal Code under the same police station. On 06 June a third case was filed against him, being case No. 5 (6) 2010 at the Kotwali Police Station. He was charged for obstructing government officials from carrying out their functions - curiously, while he was already in police custody.

Given the propensity for torture in remand, in the 2003 case of BLAST Vs. Bangladesh, several recommendations were made by the High Court regarding the interrogation of arrested persons, including the fact that their lawyer or a relative must be present and that they must be questioned in a glass room in full view. Unfortunately, such measures are yet to be taken by police and arrestees and suspects are still mistreated and tortured in remand. Odhikar has repeatedly maintained that placing arrestees under remand is a violation of the Supreme Court decision given in BLAST Vs. Bangladesh. In remand arrestees are tortured for extracting confessions, and even though such confessions legally have no validity in the court, it is common for Magistrates to allow such statements. In the context of this grim reality Odhikar concludes: "In Bangladesh, 'remand' is synonymous with 'torture".

Article 35(5) of the Constitution of Bangladesh states,"No person shall be subject to torture or cruel, inhuman or degrading punishment or treatment". Bangladesh has also ratified the UN Convention against Torture on August 5, 1998. Bangladesh has also been elected to the UN Human Rights Council twice, in 2006 and 2009. The present government has also made repeated statements in national and international forums, that it will have 'zero tolerance' against torture.

Assault on Mahmusur Rahman is a serious concern for human rights defenders. Odhikar urgrd in its 8 June situation report on Mahmud's case that  human rights defenders must immediately write to remind the Government of Bangladesh to deal with  Mahmudur Rahman, acting Editor of Amar Desh, only in accordance with the prevalent laws and guarantees enshrined in the Constitution and in the International Instruments. Government should  also be reminded that that Article 35 (3) of the Constitution states that 'every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law' and thus Mahmudur Rahman is entitled to a fair trial. As a State Party to the Convention against Torture, Bangladesh must also adhere to treaty obligations.

Odhikar requested to make appeals to:

Ms. Sheikh Hasina

Honirable Prime Minister

Prime Minister's Ofice

Old Sangsad Bhaban

Tejgaon, Dhaka, Dhaka -1215, Bangladesh

Tel: +880 2 8151157 (PS 1 to PM). Fax: =880 2 8153846

Email:info@pmo.gov.bd

Advocate Sahara Khatun

Honourable Minister, Ministry of Home Affairs

Bangladesh Secretariat

Building: 8 (1st - 3rd Floor)

Dhaka-1000. BANGLADESH

Tel: +880 2 7169069. Fax: 880 2 7169667

email: minister@mha.gov.bd

Barrister Shafiq Ahmed

Honourable Minister, Ministry of Law, Justice and Parliamentary Affairs

Bangladesh Secretariat

Building: 4 (7th Floor)

Dhaka-1000, Bangladesh

Tel: 880 2 7160577, 9550016, 716493

Fax: + 880 2 7168557

Email: minoflaw@bdonline.com, info@minlaw.gov.bd

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