FACT FINDING REPORT: TWENTY TWO (22) INDIGENOUS STUDENTS BEATEN AND TORTURED BY THE POLICE DURING A...

8/2/2019 FACT FINDING REPORT: TWENTY TWO (22) INDIGENOUS STUDENTS BEATEN AND TORTURED BY THE POLICE DURIN

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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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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.

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