Hotline Asia Urgent Appeals -- SUA020408(7)

Action Requested || Sample Letter || Background
Please respond immediately (not later than 15 April 2002)
Update

Summary

Dr. Mohiuddin Khan Alamgir, of the opposition Awami League party and a former State Minister, was arrested at Dhaka's Zia International Airport on 15 March 2002. During his remand, he was interrogated at an unknown place, against a court order. When he was produced in court on 24 March, Dr. Alamgir testified that he had been severely tortured while in police custody and was denied medication for his diabetes, without which he may become gravely ill. The magistrate reportedly simply noted that he had been tortured but did not order an investigation.

Dr. Alamgir was arrested as part of investigations into allegations that he had instigated government officials and employees to join a 1996 rally against the then BNP government of Prime Minister, Begum Khaleda Zia. The current BNP government has started disciplinary proceedings against civil servants who joined the rally.

The police charged Dr. Alamgir for attempted murder (the victim has not been identified) and he was given 1 month detention order under the Special Power's Act. However, the Court is challenging the legality of the order.

Please write polite letters to express your concern on this case and ask the authorities to:

• release Dr. Alamgir immediately for medical treatment due to his ill health;

• order a thorough and impartial investigation into the alleged torture, identify those responsible and bring them to justice.

Sample Letter

Background

Dr. Mohiuddin Khan Alamgir, a State Minister in the former Awami League government was arrested at Dhaka's Zia International Airport on 15 March 2002, on the charge of 'instigating' government officials and employees to join the agitation led from the Janatar Mancha (people's dais) that dislodged the BNP government in 1996. The current BNP government has started disciplinary proceedings against more than 180 civil servants who joined the rally.

He was then taken to the Special Branch of the police and kept there till he was produced before the Chief Metropolitan Magistrate's (CMM) Court, Dhaka, on the afternoon of 16 March 2002. The CMM Court placed him on a two-day remand. Police produced him on 19 March 2002 before the CMM Court after expiry of the two-day remand.

After the expiry of the second two-day remand, instead of being produced in the court, Dr. Alamgir was taken to the central jail on 22 March, 2002. On 21 March 2002, defense lawyers, in the CMM Court submitted a petition seeking a bail hearing with Dr. Alamgir present in person. This hearing was held on 24 March 2002.

Torture and denial of medical treatment:

On 24 March 2002, Dr. Alamgir was produced in the CMM Court (at the court of Magistrate Kazi Meraj Hossain). With the permission of the court, Dr. Alamgir complained that although the remand was to be in a police station, he was, most likely taken to Dhaka Cantonment where he was brutally tortured. He testified that three masked men beat him indiscriminately with bamboo sticks and a bottle was forcibly pushed through his rectum. He related that he asked the perpetrators why he was being tortured. They replied that "it is at the order of your father" but could not respond as to who that father was. Dr. Alamgir further alleged that while he was under remand for the second time, he was given electric shocks indiscriminately on sensitive parts of his body. He was also not allowed to take medicine for his diabetes, which was kept in his briefcase - ceased by the police.

During the four days in police custody, he was not allowed to take food, water or sleep. He showed the Magistrate the marks on his body indicating injuries from the torture. He also complaint that he was not provided with a mosquito net and also showed the magistrates mosquito bites on his hand. He wanted to buy some mosquito coil or a mosquito net with his own money, but was denied this by the prison authorities. He expressed fears that he could die as a result of the torture. He asked the magistrate to record his statement, but it was reported that the magistrate simply noted that he had been tortured but did not order an investigation.

Injustice in the arrest and investigation procedure:

After Dr. Alamjir's arrest on 15 March, the police failed to bring any specific charges against him until 19 March 2002.

Under a writ petition filed on 17 March by his elder brother, Dr. Borhanuddin Khan Jahangir, the High Court Division of the Bangladesh Supreme Court passed a verbal order to the Attorney General of Bangladesh to release to the High Court the whereabouts of Dr. Alamgir. The order also insisted that Dr. Alamgir must not be interrogated at any location other than in police remand. However, as related above, Dr. Alamgir complained that he was interrogated by the Joint Interrogation Team at an unknown place, possibly at the Dhaka Cantonment.

Later, the police submitted a petition showing Dr. Alamgir was supposedly arrested in a case filed with in Chandpur for an attempted murder committed on 20 September 2001. This was based on a wireless message sent stating that the former minister was suspected of attempting a murder, but the message did not mention on whom the attempt was made. For this, Dr. Alamgir was detained for 1 month under the Special Powers Act. (SPA). This Act allows the government to imprison any individual for up to 90 days without any formal charge.

On Saturday, 30 March 2002, the High Court asked the Government to give their reason for Dr. Alamgir's detention under the SPA. This was issued following a writ petition filed by Dr.Borhanuddin Khan Jahangir challenging the legality of the SPA detention order. The magistrate has fixed the next hearing of the case on 15 April 2002.

Human rights activists believe that Dr. Alamgir was arbitrarily arrested and brutally tortured in violation of international human rights instruments in general and the Bangladesh Constitution.

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