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Chapter-3 Odhikar's work involving law enforcement agencies and their behaviour: Thana Monitoring From 2003 to date, the AED has assisted Odhikar in attempting to achieve its goals of highlighting the violation of civil and political rights of arrested and detained persons, through monitoring, fact finding and research. One of the major components of this goal is to monitor police stations (Thana) every year, to see how many persons are arrested under specific laws, viz. Section 54 of the Code of Criminal Procedure, the Special Powers Act and sections 86 and 100 of the Dhaka Metropolitan Police ordinance. This exercise also helps Odhikar monitor what other laws are commonly used to arrest and detain persons. In 2005, as per the plan of action, Odhikar monitored Motijheel, Mohammadpur, and Tejgaon Thanas under the Dhaka Metropolitan City area and Fatulla Thana under Narayanganj District. In most cases, the police did not give Odhikar permission to speak directly to the arrested persons, but the fact finders found a way through this problem by talking to former detainees about their experiences. Presented here is an overview and analysis of the thana monitoring activities of Odhikar in 2005. An Assessment of any Improvement in the Behavior of Police Towards Arrested Persons by Police Station Monitoring Police behavior towards arrested persons can be monitored and assessed effectively by monitoring Police Stations. In Bangladesh, misuse of power, torture and other acts of cruelty towards arrested persons is a regular phenomenon. In most cases, the police try to justify torture and degrading treatment towards the arrestees as part of their job of interrogation and questioning for statements. The human rights of arrested persons are a concept quite unknown to most of the law enforcers. Apparently, arbitrary arrests on the ground of "reasonable suspicion" under Section 54 of the Code of Criminal Procedure (Cr.P.C.), Section 86 and 100 of the Dhaka Metropolitan Police Ordinance (DMP Ordinance) and the Special Powers Act of 1974 and torture by police in police custody have all turned into common incidents. Torture or inhuman treatment committed by law Report 2005 27
enforcement personnel is entirely contrary to the universally accepted international human rights instruments like UDHR, ICCPR, CAT and also to the domestic legal provisions and constitutional obligations. Methodology In the year 2005, Odhikar monitored, as per specified plan of action, Motijheel Thana, Mohammadpur Thana, Tejgaon Tahana under Dhaka Metropolitan City and Fatulla Thana under Narayanganj District. Odhikar’s focus was to monitor the use of Section 54 of the Code of Criminal Procedure (Cr.P.C.) and Section 86 of the Dhaka Metropolitan Police Ordinance. Under Section 54 of the Cr.P.C., individuals may be arrested on suspicion of criminal activity without order from a magistrate or a warrant, under several conditions, including ’reasonable suspicion’. Each month, Odhikar fact-finders visited the four targeted police stations five to seven times, in order to monitor the number of people arrested under the said laws and the various reasons why police had picked them up. The following information was collected during each monitoring visit: * Number and gender of persons arrested * Number of arrests under Section 54 of the Cr.P.C. * Number of arrests under Section 86 of the DMP Ordinance * Number of persons under remand * Number of arrests under specific cases * Number of arrests under Section 54 of the Cr.P.C. or Section 86 of the DMP Ordinance but subsequently shown arrested in other cases * Number of arrests under the Speedy Trial Act 2002 * Number of arrests under court warrant * Size of custody room in police station * Whether any arrested person was kept in police station custody for more than 24 hours * Whether arrested persons were allowed to contact their relatives and lawyers * Living environment and cleanliness in the police custody * Whether information records/registrars are properly maintained in police stations * Whether special treatment was provided to women and children arrested persons * Whether there was any complaint/allegation against police officials on duty in police station * Allegations of sexual harassment Odhikar sent one fact finder to each of the selected police stations. They interviewed arrested persons during the monitoring process, both in police station lockup (when permitted to do so) and upon their release from lock-up or jail, and also interviewed police officers and persons who had experienced such arrests under the laws in the recent past and were freed on bail. 28 Report 2005
Page 2 and 3: Odhikar Report 2005 Published by Od
Page 4 and 5: 2005 sees the third, and final year
Page 6 and 7: Synopsis of Activities Covering the
Page 8 and 9: laws of Bangladesh, particularly th
Page 10 and 11: they find the monitor writing notes
Page 12 and 13: Problems faced during thana monitor
Page 14 and 15: After the 2004 High Court directive
Page 16 and 17: (4) Sumon Tortured to Death by Rapi
Page 18 and 19: through a Government Order issued o
Page 20 and 21: 22 Persons Reportedly Killed by Law
Page 22 and 23: iii. Conflicts with political right
Page 26 and 27: Environment of the custody cell Fin
Page 28 and 29: Police’s behavior towards accused
Page 30 and 31: 4. Motijheel Thana During the monit
Page 32 and 33: In all, the findings from the monit
Page 34 and 35: Children were seen kept with the ad
Page 36 and 37: 1. If any domestic animal is slaugh
Page 38 and 39: Chapter 4 Fact Findings in 2005 One
Page 40 and 41: General findings It becomes difficu
Page 42 and 43: Recognising the need for laws to pr
Page 44 and 45: * Second Working Session (2:00-4:00
Page 46 and 47: focus on legal agencies and human r
Page 48 and 49: due to insecurity providing protect
Page 50 and 51: We are in such a situation that you
Page 52 and 53: the whole judicial system. Ensuring
Page 54 and 55: threatening looks or gestures at a
Page 56 and 57: concrete suggestions to how to disc
Page 58 and 59: force against basic freedoms and hu
Page 60 and 61: Leave us alone. We will get on with
Page 62 and 63: cultivating and having their liveli
Page 64 and 65: own judicial system. It is a proble
Page 66 and 67: name of eviction, etc., but also be
Page 68 and 69: Farhad Mazhar: Some of the suggesti
Page 70 and 71: come to terms with the emotional im
Page 72 and 73: ecourses, a strong commitment of th
Page 74 and 75:
initiative, SAARC cooperation, SAAR
Page 76 and 77:
� Police and even powerful local
Page 78 and 79:
* To facilitate bilateral agreement
Page 80 and 81:
grievous offences like rape, murder
Page 82 and 83:
see how the press, the police and p
Page 84 and 85:
2. Victims must be given some compe
Page 86 and 87:
Susan Ward, AED: I have just two fe
Page 88 and 89:
Chapter 6 Other Major Achievements
Page 90 and 91:
Annexture: 1 Fact-finding reports 2
Page 92 and 93:
A Medical Officer of Mymansingh Med
Page 94 and 95:
However, six of them were held by t
Page 96 and 97:
that he was shifted to bed no. 16 o
Page 98 and 99:
Alleged fabricated news about the r
Page 100 and 101:
at Courtbari in Gabtoli. A sergeant
Page 102 and 103:
down the factory, said a senior off
Page 104 and 105:
Bangladesh. This is not humanly pos
Page 106 and 107:
Medical Offficer of the Roumari Hea
Page 108 and 109:
throwing stones at them. Four polic
Page 110 and 111:
ecommendations would be made to the
Page 112 and 113:
Mr. Mallik Sayeed Mahbub, the Upzil
Page 114 and 115:
Death of a young person in prison i
Page 116 and 117:
Abul Qulam Azad alias Suman was the
Page 118 and 119:
case. The other case was filed unde
Page 120 and 121:
was not tortured during remand, he
Page 122 and 123:
Masum killed at Crossfire by Detect
Page 124 and 125:
Metropolitan Detective Police Nurul
Page 126 and 127:
into the room. They were those he w
Page 128 and 129:
perpetrators, you need evidence for
Page 130 and 131:
things I am doing in my business, i
Page 132 and 133:
commitment of engaging her in house
Page 134 and 135:
Torture of a Political Activist by
Page 136 and 137:
number of those cases or the laws u
Page 138 and 139:
victim was made one of the accused.
Page 140 and 141:
morning to protest the robbery of a
Page 142 and 143:
judgment, Fazley Rabbi Chowdhury, s
Page 144 and 145:
police and police station simply to
Page 146 and 147:
Annexture: 2 Country Papers that we
Page 148 and 149:
and continues to harm victims and w
Page 150 and 151:
either victims or witnesses tend no
Page 152 and 153:
The Nature and Extent of Witness In
Page 154 and 155:
Gang-Inspired Fear: A Particularly
Page 156 and 157:
Other Forms of Intimidation Less co
Page 158 and 159:
V ictim and witness protection - Sr
Page 160 and 161:
Procedure, made a request to the Sr
Page 162 and 163:
of court". Assistance available to
Page 164 and 165:
6. Acknowledgements and References:
Page 166 and 167:
charges saying 16-year-old Mathura
Page 168 and 169:
National Police Journal one of the
Page 170 and 171:
At the international level, rights
Page 172 and 173:
law are maxims that Indian state an
Page 174 and 175:
combined with the fact that no inde
Page 176 and 177:
other local boys, including Firoz a
Page 178 and 179:
sorely missing as an utterly callou
Page 180 and 181:
nor India are signatories to the Ro
Page 182 and 183:
(f) Rape, sexual slavery, enforced
Page 184 and 185:
Superior orders and prescription of
Page 186 and 187:
witness are determined by the conse
Page 188 and 189:
is valid because the society is mor
Page 190 and 191:
necessary. Such action plan calls f
Page 192 and 193:
Protection to witnesses The State p
Page 194 and 195:
Monitoring of the protocol The Stat
Page 196 and 197:
attention. Victims have the right t
Page 198 and 199:
Nepal's Human Rights Obligations un
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