fact finding report: twenty two (22) indigenous students beaten and tortured by the police during a...
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FACT FINDING REPORT OF JUSTICEMAKERS BANGLADESH &GHRD
FACT FINDING REPORT ON
TWENTY TWO (22)INDIGENOUS STUDENTS BEATEN AND TORTURED BY THE POLICE DURING A
PEACEFUL STUDENT PROCESSION FOR CONSTITUTIONAL RECOGNITION OF INDIGENOUS PEOPLE
IN KHAGRACHHARI UNDER CHITTAGONG HILL TRACTS,BANGLADESH
Jointly Published by
JUSTICEMAKERS BANGLADESH
(A human rights organization for justice, rehabilitation & development)
Akmaol Mansion, Suit# 89/1, 89/1 Kakrail Super Market, Ramna, Dhaka-1000
Email: [email protected], URL : www.justicemakersbd.org
GLOBAL HUMAN RIGHTS DEFENCE
Laan van Meerdervoort 70, 2517 AN The Hague, The Netherlands
Email: [email protected], URL: www.ghrd.org
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Government security forces have denied any fault after physically attacking and
indiscriminately beating 22 Jumma students during a peaceful demonstration of
around 900 students of Khagrachari College for constitutional recognition of
indigenous people in Bangladesh on the 7th of August 2011.
PREPARED BY
Advocate Shahanur Islam
LL.B (Hons); LL.M (Law & Justice)
Founding Secretary General, JusticeMakers Bangladesh
Country Observer, Global Human Rights DefenceEmail: [email protected], Skype: saikot.bihr
Cell: +8801720308080, Blog:shahanur.blogspot.com
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INTRODUCTION:
In August 2011, Advocate Shahanur Islam, Global Human Rights Defence Country
Observer for Bangladesh and Founding Secretary General of JusticeMakers
Bangladesh along with a team of four went to Khagrachari to conduct a fact finding
investigation into the physical assault and beating of 22 Jumma students by law
enforcement agencies during a peaceful demonstration of around 900 students of
Khagrachari College for constitutional recognition of indigenous people in
Bangladesh on the 7th of August 2011. During the investigation, the team took
statements from eyewitnesses and victims. We are to date the only human rights
organization to conduct a first hand investigation into the incident.
The police have denied all wrongdoing and have threatened that if such a peaceful
demonstration were to occur again; protestors can expect even worse retaliation by
and could lose their careers. Given the denial of fault by the police authorities, it is nosurprise that no case has been filed or registered with the authorities.
As the procession left from the college compound gate, upwards of 60 policemen,
including the Assistant Superintendent of the Khagrachari Police and the Officer in
Charge of the Kotowali Police Station, created a barrier to direct the flow towards
Chengis Square. There, they suddenly attacked the students with batons, kicking
and slapping them. 22 students were injured, among which four were severely
injured. As the procession was heading back, officers and army men surrounded the
college gate and the hospital; they picked out one student, and indiscriminately beat
him, resulting in severe injuries.
This human rights violation cannot be tolerated. The right to peaceful assembly is a
fundamental human right and the actions of the police authorities in this case are a
clear violation of Bangladeshs commitments under international human rights
treaties. The events reported above were just one of the many cases where the
government showed a clear intention to bring a halt to the voice of the indigenous
people fighting to have their fundamental rights recognized.
During the investigation, some people dressed in civil clothing (it is assumed by the
fact finding team that they were security personnel dressed as civilians) werecontinuously following the investigation team. When the fact-finding team was
leaving their hotel, one of them stopped Advocate Shahanur Islam (Saikot), leader of
the mission and asked their purpose for visiting Khagrachhari. At the bus counter
another informally asked him about their reason for visiting Khagrachhari, the name
of his organization, and which incident they investigated intimidating Mr. Islam and
the team.
GHRD and JusticeMakers Bangladesh demand that a full and impartial investigation
into the police misconduct is required and that those responsible are punished.
September, 2011
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FACT FINDING REPORT OF JUSTICEMAKERS BANGLADESH &GHRD
TWENTY TWO (22)INDIGENOUS STUDENTS BEATEN AND TORTURED BY THE POLICE DURING A
PEACEFUL STUDENT PROCESSION FOR CONSTITUTIONAL RECOGNITION OF INDIGENOUS PEOPLE
IN KHAGRACHARI UNDER CHITTAGONG HILL TRACTS,BANGLADESH
The news headlines read: Protest in CHT: 22 injured as hill students, police clash in
Khagrachari (published in New Age, 8 August, 2011) and similar articles were also
published on difference electronic and print media on August 08, 2011. The news
came to knowledge and concern of JusticeMakers Bangladesh, Dhaka and Global
Human rights Defence, The Hague, Netherlands. Aa a result, a high level fact-finding
mission was conducted by a team of JMBangladesh and GHRD led by Adv.
Shahanur Islam (Saikot), Co-Founder of JusticeMakers Bangladesh and also country
observer of GHRD from 19-22 August 2011. During the mission the fact finding team
talked with the six victims, other eyewitnesses and concerned authorities as well as
collecting evidence of the incident. This report documents the findings of the
investigation:
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COUNTRY AND REGION: Bangladesh, South Asia
TYPE OF VIOLATION: Freedom of Expression; Freedom of Opinion;
Freedom of Association; Minority Rights; Rights to
Personal Integrity; Rights Self determination.
ACTS: Torture1, beating with a weapon, Molestation and
Premeditated Combined Attack
INVESTIGATION CONDUCTED BY: Advocate Shahanur Islam (Saikot), Country
Observer-Bangladesh, GHRD and Co-founder,
JusticeMakers Bangladesh; Mr. Ganesh
Rajbongshi, Volunteer, GHRD and JusticeMakers
Bangladest; Mr. Rabiul Hossain Rajib, Volunteer,
GHRD and JusticeMakers Bangladesht, Mr. Papen
Tripuara, Volunteer Network Member, GHRD and
JusticeMakers Bangladesh.
IDENTITY OF THE VICTIM (S):
Total tortured victims: twenty two (22)
1Note that according to Bangladesh criminal law, torture is not a crime there is no
provision in the penal code on torture. However, Bangladesh is a state party to CAT TheInternational Convention Against Torture
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Severely torture victims: five (5)
Female victims: nine (9)
Victims under 18 years of age: ten (10)
All of the students (victims) study at Khagrachhari Government College underKhagrachhari district.
DATE AND PLACE OF INCIDENT:
Date: August 07, 2011 around 10.00 am to 1.30 amLocation: In front of Khagrachhari Government College and
Chengis Square in Khagrachhari town.
ALLEGED PERPETRATOR(S):
i. Masud Mahfuzul Islam Al Akkas, Assistant
Superintend of Police, Khagrachhar
ii. Abul Kalam Azad, Officer in Charge,
Kotowali Police Station, Khagrachhari
iii. Unidentified 50-60 policemen of
Khagrachhari district
LEGAL STATUS: No legal case has been filed on the incident.
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CASE SUMMARY:
On 07 August 2011, around at 10.00 am around 900 Jumma students from
Khagrachhari college gathered in the college compound for a pre declared (press
release and published newspaper) peaceful procession against the imposition ofBengali nationality on the Jumma people and demanding the withdrawal of foreign
Minister Dipu Monis discriminatory and disrespectful remarks about constitutional
recognition of Jumma people as Indigenous.
The demonstration was called by eight different Jumma student organizations
Pahari Chhatra Parishad, Bangladesh Marma Student Council, Tripura Student
Forum, Tanchangya Chhatra Kalyan Sangstha, Khyeang Student Council, Bawm
Student Council and Khumi Student Council.
The policemen created a physical barrier upon order of Masud Mahfuzul Islam Al
Akkas, Assistant Superintendent of Police, Khagrachhari and Abul Kalam Azad,
Officer in Charge, Kotowali Police Station, Khagrachhari while the students were
trying to begin the peaceful procession from the college compound gate around at
10.30 am toward the Shapla Square of Khagrachhari town. However, due to the high
numbers of students, the policemen allowed the procession to pass through to the
end of Chengis Square. When the students in the procession were going towards
Chengis Square, suddenly the policemen attacked the students charging towards
them with batons and other weapons. To create panic amongst the demonstrators,
the police officers grabbed two demonstrators from the crowd; other demonstrators
quickly grabbed them back.
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When the procession reached Chengis Square, the policemen again attacked the
demonstrators, charging and hitting them with batons, kicking them with their boots,
and slapping them indiscriminately. As a result, 22 jumma students, including 9
female students, were injured, four of whom were severely injured (due to further
police harassment, the four who were severely injured did not take treatment fromthe government hospital, but they were informally treated by their family doctor). One
policeman attacked one of the students lower abdomen and another hit her on the
head, rendering her unconscious.
Meanwhile, when the jumma students were coming back to the college compound,
some Bengali people intentionally threw bricks towards the policemen and four
policemen were injured.
Later that day, around 12.00 pm, the Jumma students made a blockade on the road
in front of Khagrachhari Government College. The administration called more policeand army personnel to the spot (80 to 100 policemen and 48-64 Army personnel).
As soon as the army men reached the spot, the students took shelter in the college
compound and for around one and half hours the students were locked inside the
college compound, while the police and army men stood in front of the college gate.
After one and a half hours, an informal meeting was held between the college
principal and the police administration - the police and college principal came to the
agreement that the police would not arrest or further harass any students and that a
peace meeting between the students, college administration, the police and localadministration would be held at the college conference hall the following day.
Following this meeting, the students were able to leave the compound and go back
to their homes.
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While the students were leaving the college compound according to the instructions
of the college principal, the policemen checked the student identity card of every
student and searched their body. At this time, they picked one Jumma student, and
beat him indiscriminately in front of the college gate. The policemen then took him toChengis Square where he was again beaten. Even when he showed them his
student identity card they did not release him. Finally, after the personal request of
the principal of Khagrachhari College, they released him.
GOVERNMENT ACTION:
On February 08, 2011 a peace meeting has been held at Khagrachhari College hall
room where Mr. Abu Kalam Siddique, Superintendent of Police, Khagrachhari, Mr.
Masud Mahfuzul Islam Al Akkas, Assistant Superintend of Police, Khagrachhari, MrSala Uddin, Additional District Magistrate (ADM), Khagrachhari, Mr. Dilip Kumar Das,
Principal of Khagrachhari Govt College and the general students were present. In
this meeting the police officially denied torturing any of the students and the use of
excessive force, they rather argued that policemen were injured by the
demonstrators. The ADM strongly make cautions to the students that if they try to
organise any demonstration, they will face more difficulties, and they will even lose
their future careers.
ISSUES ENCOUNTED DURING FACT FINDING MISSION:
During the investigation, some civil dressed people (it is assumed by the fact finding
team that they were security personnel dressed as civilians) were continuously
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following the investigation team. When the fact-finding team was leaving the hotel,
one of them stopped Advocate Shahanur Islam and asked our purpose for visiting
Khagrachhari. At the bus counter another one informally asked him about their
reason of visiting Khagrachhari, what was the name of his organization, which
incident did they investigate etc creating an scared atmosphere to intimidate Mr.Islam.
LEGAL FRAME WORK:
The right to peaceful assembly is a fundamental right of every citizen of Bangladesh.
Article 36 of the Constitution of Bangladesh states that every citizen shall have the
right to assembly and to participate in public meetings and processions peacefully.
Moreover, article 20 of UDHR and article 21 of ICCPR, both international
agreements which Bangladesh has signed, allow peaceful assembly, gathering,procession and demonstration.
The practice of torture is considered one of the most serious human rights crimes
and as such it is considered as jus cogens. No person, regardless of whether he is a
criminal or not, should be subjected to torture by law enforcement officers under any
circumstances.
The Constitution of Bangladesh Article 35 (5) prohibits torture. Bangladesh has also
been a state party to the UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT), since October 1998. However, by
refusing to implement Article 14 of CAT, an integral part of the convention which
guarantees victims the legally-enforceable right of redress, rehabilitation and
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compensation, the government has effectively negated its commitment to the entire
treaty.
In sum, despite joining CAT and having a constitutional provision prohibiting torture,
the Government of Bangladesh has taken no steps to criminalise torture, passed notreaty enabling legislation or amended domestic laws to give access to remedies,
rehabilitation or compensation for victims. Finally, individuals who have suffered
torture only have recourse to national remedies.
OBSERVATIONS OF FACT-FINDING TEAM:
From all the information gathered by the team: news articles, victim and witness
statements, and other official statements, the conclusion is that the incident violates
fundamental, legal and human rights. Though the procession was peaceful, thepolice authorities physically hindered the procession, attacked the students and
brutally tortured them using excessive force. The findings of the fact finding mission
are as follows:
The attacks on jumma students during the peaceful procession is a clear
government failure to uphold basic human rights and protect the Jumma. The
implication of law enforcement agencies in the attacks and the lack of
impartial investigation prove that the government of Bangladesh is either
unwilling or unable to protect its Jumma population.
The Policemen attacked the peaceful procession organised by eight-jumma
student organizations and tortured and physically attacked the
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female jumma students, grabbing them.
The incident of brutality against the jumma students indicates the clear
intention of the government of Bangladesh to bring to a halt the voice of the
jumma peoples to recognise their self-determination as indigenous.
The concerned authorities not only tortured the jumma students, but also
threatened them against taking any future demonstrations demanding their
self-determination ( this information is received from the victim and
eyewitness), instead of giving punishment to the alleged policemen after
proper, prompt and impartial investigation as well as rehabilitate the victim of
torture.
The victims did not receive proper treatment and were not admitted to thegeneral hospital as the policemen surrounded the college and the students
were afraid to go to the hospital, for fear of further harassment from the
involved police authorities. The victims are still scared about future brutality by
the concerned police authority.
The victims are still scared to disclose the inhumane brutality perpetrated
against them due to silent threats (law enforcement agents are strongly and
constantly present in the area following the demonstration, and threats were
made to the students during the meeting following the day of the incident).
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During the peaceful demonstration some of the Bengali people through the
brick pieces toward the policemen to exacerbate the situation.
RECOMMENDATIONS:
Implementation of the 1997 Peace Accord was a major election promise of the ruling
government, the Awami League. To date, the government has failed to honour this
commitment.
JMBangladesh and GHRDs view remains that the government of Bangladesh must
take responsibility for the human rights violations in the region and must fully honour
its stated commitment to the 1997 Peace Accord by: impartially investigating the
human rights violations that have occurred and the role of the concerned authority in
this violation, bringing those responsible to justice and demilitarizing the region.
JMBangladesh and GHRD therefore urges the government of Bangladesh to:
Thoroughly and impartially investigate the incident of torture of the jumma
students by forming an enquiry committee headed by a justice of High Court
Division of Bangladesh Supreme Court; identify the main perpetrators and
bring those responsible to justice. Any report must be published publicly;
Ensure exemplary punishment of the perpetrators who were directly orindirectly involved in this violation of human rights;
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Provide adequate financial compensation to the victim and victims family as
well as guarantee the physical and psychological integrity of the victims and
their families;
Withdraw all temporary camps of the army, Ansar, APBN and VDPs includingthe de facto military rule Operation Uttoron as per CHT Accord within a
defined and reasonable time frame and implement the CHT Accord in letter
and spirit;
Remove the government of Bangladeshs reservation from the Art.14 of
Convention Against Torture, accepting victims right to compensation and
criminalised torture under domestic law;
Ensure the respect of human rights and fundamental freedoms throughout thecountry in accordance with national laws and international human rights
standards;
Provide human rights education and training to the Police Inspectors and
policemen who run police stations;
Take all measures to fulfil Awami League election promises by fully
implementing the Chittagong Hill Tracts Peace Accord and providing a forum
for solving land disputes;
Recognise minority Jumma as indigenous in Constitution and fully implement
the UN Declaration on Indigenous peoples rights
The End
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JUSTICEMAKERS BANGLADESH(A human rights organization for justice, rehabilitation & development)
THE JUSTICEMAKERS BANGLADESHhas been initiated on 2010 by a group of young,energetic and experienced lawyer & social worker in the field of human rights in
Bangladesh with a promise to justice, rehabilitation and development amongcommunity level for the protection and promotion of human rights and ensuring therespect and realization of the Universal Declaration of Human Rights and thefundamental provisions of the Constitution of Bangladesh as well as providinghumanitarian assistance to the victim of violation and discrimination in the country.Since the inauguration of JusticeMakers Bangladesh is devoted to serve mankindespecially who are victim of extrajudicial killing, torture, organized violence anddisappearance as well as violence and discrimination against ethnic, religious andsexual minorities including women and children. JusticeMakers Bangladesh wasborn and brought up to remain beside the victim of torture, mal treatment,disappearance and organized violation as well as other form of violation indifferent to
race or religion, sex or age.
VISION: A country without any form of human rights violation and discrimination. Themain spirit covers three main thematic areas- Justice, Rehabilitation andDevelopment.
MISSION:
To insure human rights throughout the country through maintaining thelegal and financial rights of the all the people in Bangladesh;
To serve mankind especially who are victim of extra judicial killing, torture,mal treatment, disappearance and organized violence as well as violenceand discrimination against ethnic, religious and sexual minorities includingwomen and children;
Enable the government and the non-government organizations to observe,learn and understand closely and concretely the impacts of differentlegislations on the life and livelihood of common people.
OBJECTIVE:
To provide legal aid and legal counselling to community members throughtheir respective organizations as well as in centre;
To organize seminars, workshops, symposiums, rallies, human chains andview exchange meetings on various human rights related issues andattending such programmes organized by others;
To provide training especially on paralegal and human rights aspect tocommunity organizers as well as conduct a summer course on humanrights for university graduates and law enforcing agencies;
To promote legal & human rights literacy, which includes translating andpublishing handbooks of law in layman`s language and a training manualon human rights;
To establish a human rights documentation and information centre toensure exchange and dissemination of human rights violation;
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To publish a weekly "Law Corner" in a popular magazine, with cartoons tosimplify legal problems and to respond to inquiries about legal problemsfor those who need legal advice and cannot receive it;
To conduct lobbying, campaign and advocacy activity to protect and
promote human rights in national and international level;
To conduct research on legal and human rights aspect as well as conductfact finding and issue urgent appeal/action regarding violation of humanrights;
To build up institution as well as human rights defender in communitylevel;
May engage in income-generating and profit-making activities fordevelopment youth capacity and environmental sustainability including
poverty reduction. But none of the income and/ or profit shall be distributedto the Trustees who shall render voluntary service and the income and theprofit will be utilized for implementation of the vision and mission of theorganization.