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Urgent campaigns / Urgent Interventions / Bangladesh / 2011 / October

Bangladesh: Enforced disappearance of Mr. Delwar Hossain_Fear for his safety

​Case BGD 131011

Enforced disappearance/ Fear for the safety

 

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Bangladesh.

 

Brief description of the situation

 

The International Secretariat of OMCT has been informed by ODHIKAR, a member of OMCT SOS-Torture Network, about the alleged enforced disappearance, since 23 June 2011, of Mr. Delwar Hossain, a 30-year–old salesman from Kolatola, Ward 3 of Shantinogor in Madaripur municipality. It is reported that he disappeared after he was forcibly taken by Rapid Action Batalion (RAB) members. OMCT is gravely concerned because, to date, the whereabouts of Mr. Delwar Hossain remain unknown.

 

According to the information received, on 23 June 2011 at around 9.30 pm, several individuals, who identified themselves with RAB identity cards, blindfolded Mr. Delwar Hossain and forced him into a microbus from the boat terminal of Gachbaria market at Mostofapur, in Shodor Upazilla and took him to an unknown destination. Witnesses at the scene approached the alleged RAB members and asked for the reason of their action but, after being showed the RAB identity cards, they refrained from interfering in the situation.

 

According to the same information, Mr. Delwar Hossain’s wife was informed by an acquaintance about the abduction and went, on the next day, 24 June 2011, to the Madaripur Police Station to file a General Diary (GD). However, the police officer reportedly refused to register it. She subsequently went to the Madaripur RAB head office but, there, the RAB members denied having arrested Mr. Delwar Hossain. Mr. Delwar Hossain’s sister also went to the Madaripur RAB head office after learning about the incident from local people. She was reportedly not allowed to enter the office, and she was told by the RAB member guarding the main door that nobody named Delwar Hossain had been arrested. On 25 September 2011, Mr. Delwar Hossain’s wife returned to the police in order to file a complaint but she was again turned away.

 

According to two Sub inspectors at Madaripur Police Station contacted by ODHIKAR during its fact-finding mission, Mr. Delwar Hossain was also known as “Dyata Dacoit” and a warrant had been issued under that name in connection with criminal cases committed in different areas. However, no further information was provided about whether Mr. Delwar Hossain was indeed arrested under the aforementioned warrant. One of the Sub inspectors also told ODHIKAR that, after Mr. Delwar Hossain’s wife came to the police in June, he went to the spot to inquire but he found no evidence of the abduction by RAB members. The OMCT is gravely concerned that, to date, no effective investigation was carried out into the disappearance of Mr. Delwar Hossain by the competent authorities, all the more since the police refused to register a GD (a precondition to launch a thorough investigation by the police, including by informing other police stations).

 

The International Secretariat of OMCT is gravely concerned about the safety of Mr. Delwar Hossain and fears that he was victim of an extra-judicial killing. OMCT recalls that the authorities in Bangladesh have to fulfil their obligations under international human rights law to protect the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

 

OMCT calls on the competent authorities to ensure that an investigation into the enforced disappearence of Mr. Delwar Hossain is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in Bangladesh urging them to:

 

i.                     Immediately locate and disclose the whereabouts of Mr. Delwar Hossain;

ii.                   Guarantee, in all circumstances, the physical and psychological integrity of Mr. Delwar Hossain;

iii.                  Grant Mr. Delwar Hossain prompt and unrestricted access to a lawyer of his choice and his family, as well as guarantee that he is examined by an independent doctor and receives adequate medical care, in accordance, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;

iv.                 Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;

v.                   Carry out a prompt, effective, thorough, independent and impartial investigation into the enforced disappearence of Mr. Delwar Hossain, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

vi.                 Ensure that an effective remedy, including the right to full redress with compensation be granted to the victim concerned;

vii.                Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

 

Addresses

 

Ø      Ms. Sheikh Hasina, Prime Minister, Office of the Prime Minister, Gona Bhaban, Old Sangsad Bhaban, Tejgaon, Dhaka, Bangladesh, Fax: + 880 2 8113243 Email: info@pmo.gov.bd ; pm@pmo.gov.bd

Ø      Ms. Sahara Khatun, Ministry of Home Affairs, Bangladesh Secretariat Building 4, Dhaka, Bangladesh Fax: +880 2 7169667 or +880 2 717 1611 Email: minister@mha.gov.bd

Ø      Mr. Shafiq Ahmed, Ministry of Law, Justice and Parliamentary Affairs,  Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +880 2 7168557 Email: minoflaw@bdonline.com , info@minlaw.gov.bd

Ø      Dr. Dipu Moni, Ministry of Foreign Affairs, Honorable Minister, Dr. Dipu Moni, Fax: + 880 2 9562188, Email: dirfe@mofa.gov.bd

Ø      Mr. Abdus Sobhan Sikder, Secretary, Ministry of Home Affairs, Fax: + 880 2 7164788, Email: secretary@mha.gov.bd

Ø      Professor Dr. Mizanur Rahman, Chairman, National Human Rights Commission, Gulpheshan Plaza (Level-11), 8, Shahid Sangbadik Selina Parvin Sarak, Boro Magbazar, Dhaka-1217, Bangladesh. Fax: + 880 2 9137743. E-mail: nhrc.bd@gmail.com

Ø      Mr. Mahbubey Alam, Attorney General for Bangladesh, Attorney General's Office, Supreme Court Premises, Dhaka, Bangladesh. Fax: + 880 2 9561568 E-mail: adv_mahbubey@yahoo.com

Ø      Mr. Hasan Mahmud Khandoker, Inspector General of Police, Police Headquarters, Phoenix Road, Dhaka-1000, Bangladesh, Fax: +880 2 7125840 E-mail: ig@police.gov.bd

Ø      Permanent Mission of the People’s Republic of Bangladesh to the United Nations in Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int

 

Please also write to the embassies of Bangladesh in your respective country.

***

Geneva, 13 October 2011

 

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Properties

Date: October 13, 2011
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Bangladesh
Subjects: Arbitrary arrests and enforced disappearances

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