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Urgent campaigns / Urgent Interventions / Bangladesh / 2012 / July

Bangladesh: Alleged torture and subsequent death in detention of Mr. Faruq Hossain Kamal_No proper investigation conducted

Case BGD 260712

Death in custody/ Alleged torture and ill-treatment/ No proper investigation/ Risk of impunity

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 torture and subsequent death in detention of Mr. Faruq Hossain Kamal, a 37-year-old businessman from Dhaka Metropolitan City, early 2012. OMCT is concerned that, to date, no proper investigation has been reportedly carried out into the circumstances of his death and that the perpetrators have not been brought to justice.

According to the information received, Mr. Faruq Hossain Kamal was arrested on 19 February 2012 by Sub Inspector (SI) Nuruzzaman, who came along with two other policemen from Kafrul Police, in Boubazar area, in North Kafrul, and taken to Kafrul Police Station. Mr. Faruq Hossain Kamal managed to call one of his sisters who went to the police station. She was first not allowed to see her brother and decided to wait at the police station. At around midnight, she reportedly heard her brother scream and the sound of beatings. She was only allowed to briefly see him after she gave 100 Taka to one of the policeman. Mr. Faruq Hossain Kamal reportedly told his sister that he was arrested while he was at a tea stale in North Kafrul. When he asked SI Nuruzzaman about the reasons for his arrest, this latter reportedly told him that there was an arrest warrant against him. Once at the police station, he was allegedly beaten by policemen and SI Nuruzzaman asked him for 50’000 Taka or otherwise he would be tortured and killed. Mr. Faruq Hossain Kamal then asked his sister to collect the money in order to get him released. However, she did not manage to gather that amount.

According to the same information, on 20 February 2012, at about 9 am, Mr. Faruq Hossain Kamal’s sister went back to the police station to bring him some breakfast. He reportedly told her that SI Nurussaman threatened him anew. She was then informed by police station duty officer that her brother would be taken to court. When she arrived at the Chief Metropolitan Magistrate Court she could not find her brother and went back to Kafrul Police Station. However, she was not allowed to see him.

A few days later, on 28 February 2012, an unknown person called Mr. Faruq Hossain Kamal’s sister and told her that her brother was very sick and admitted to ward 218 of Dhaka Medical College Hospital. Once at the hospital, she was informed that her brother had died and that his body was at the morgue. She reportedly noticed that the body of her brother was bloated and it had dark bruises on the legs. She was reportedly later informed that her brother had been brought by the police to the court on 21 February 2012, and the next day to Dhaka Central Jail. There, he had been reportedly admitted to the prison hospital after the jail authorities noticed his poor physical condition before being transferred to Dhaka Medical College Hospital after his condition deteriorated.

According to the same information, the police denied any torture against Mr. Faruq Hossain Kamal and reported that he had died further to an epilepsy attack and a heart disease.

The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the death of Mr. Faruq Hossain Kamal and calls upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of these events, notably the allegations of torture, in accordance with international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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.

OMCT recalls that the authorities 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 and to bringing to justice those responsible for violating this right.

Actions Requested

Please write to the authorities in Bangladesh urging them to:

i.                  Carry out a prompt, effective, thorough, independent and impartial investigation into the surroundings of the death of Mr. Faruq Hossain Kamal, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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;

ii.                Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victim’s family;

iii.              Guarantee the respect of human rights and the 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

Ø Ms. Shahara Khatun, Minister for Home Affairs, Ministry of Home Affairs, Bangladesh Secretariat Building 4, Dhaka, Bangladesh, Fax: +88-02-716967, Email: minister@mha.gov.bd

Ø Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +88-02-7168557, Email: info@minlaw.gov.bd

Ø Mr.Hassan Mahmood Khandker, Inspector General of Police, Police Headquarters, Phoenix Road, Dhaka-1000, Bangladesh, Fax: +88-02-9563362, 9563363, Email: ig@police.gov.bd

Ø Ambassador Mr. Abdul Hannan, 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, 26 July 2012

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

Properties

Date: July 26, 2012
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Bangladesh
Subjects: Summary executions, extrajudicial killings, Torture and violence

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