<%-- Page Title--%> Rights Monitor <%-- End Page Title--%>

April 18, 2004

US Department Human Rights Report on Bangladesh

Death in police custody

Bangladesh is a parliamentary democracy, with broad powers exercised by the Prime Minister. The 2001 elections, supervised by a nonparty caretaker government (CG), took place in a climate of sporadic violence and isolated irregularities. The higher levels of the judiciary displayed a significant degree of independence and often ruled against the Government; however, lower judicial officers were reluctant to challenge government decisions and suffered from corruption. The Official Secrets Act of 1923 protected corrupt government officials from public scrutiny, hindering transparency and accountability at all levels.

The civilian authorities maintained effective control of the security forces. The Home Affairs Ministry controls the police and paramilitary forces, which have primary responsibility for internal security. The military, primarily the Army, is responsible for external security but also occasionally has been given domestic security responsibilities. Security forces were rarely disciplined, even for the most egregious actions. Police were often reluctant to pursue investigations against persons affiliated with the ruling party, and the Government frequently used the police for political purposes. There was widespread police corruption and lack of discipline. Members of the security forces committed numerous serious human rights abuses.

The Government's human rights record remained poor, and it continued to commit numerous serious abuses. Security forces committed a number of extrajudicial killings. The police; the paramilitary organisation, Bangladesh Rifles (BDR); the auxiliary organisation, Ansar; and the army used unwarranted lethal force. The police often employed excessive, sometimes lethal, force in dealing with opposition demonstrators, and the police routinely employed physical and psychological torture during arrests and interrogations. Prison conditions were extremely poor and were a contributing factor in some deaths in custody. Police corruption remained a problem. Nearly all abuses went unpunished, and the climate of impunity remained a serious obstacle to ending abuse and killings.

There were no reports of rape in official custody during the year, but 31 cases of rape by either police or other officials were recorded. In addition, there were credible reports that police facilitated or were involved in trafficking in women and children.

During the year, 81 persons died as a result of the use of lethal force by the police and other security forces, and another 113 persons died in prison and police custody during the year. Nearly all abuses went unpunished, and the resulting climate of impunity remained a serious obstacle to ending abuse and killings. In the few instances where charges were levied, punishment of those found guilty was predominantly administrative.

On February 23, the Parliament adopted legislation to shield security forces from legal consequences for all their acts during the countrywide joint security forces "Operation Clean Heart" anti-crime drive, which caused an estimated 50 deaths and involved an unknown number of torture victims. The Joint Drive Indemnity Act barred people from seeking justice through the courts for the deaths and human rights violations that occurred during the drive, which lasted from October 16, 2002 through January 9. On April 13, the High Court issued a show cause notice to the government regarding the legality of the Indemnity Act, but there were no developments at year's end.

On July 4, Gorai village (Tangail District) police arrested Mobarak Hossain and reportedly demanded payment of $400 (taka 20,000). When his family could not pay, Mobarak's mother stated that she witnessed police beat her son in the police station. The following day, Mobarak's brothers were told that he had committed suicide by hanging. Hospital doctors found no evidence of hanging. The official autopsy report recorded the death as suicide. Three policemen were withdrawn from duty following the incident. Mobarak's wife filed a case against police officials with a magistrate's court, and a judicial inquiry was ongoing at year's end.

In a similar incident on the evening of October 23, police arrested Shumon in the Khilgaon section of Dhaka city. He was taken into police custody after allegedly attempting to commit a robbery. No charge was filed against him, and the owner of the house where the robbery supposedly took place later said he was forced by police to implicate Shumon. When Shumon's family went to the jail, the second officer in charge demanded $500 (taka 30,000) for their son's release. Shumon's family was unable to raise the entire amount on such short notice. When they went to the jail the next morning, Shuman's parents found him lying on the floor so severely beaten he could not stand. When Shumon's father contacted the officer in charge, the officer demanded an additional $1,700 (taka 100,000) to release Shumon on bail. The officer became angry when Shumon's father could not give him the money, and began to beat Shumon in plain view of his parents. Eventually Shumon fell unconscious and was transferred to Dhaka Medical College Hospital, where he died the next afternoon. The officer in charge was relieved of his duty, and Shumon's family filed cases against both him and the second officer. On November 4, a three-member investigation committee reported that Shumon died as a result of a mob beating, and that there was no evidence to support his parents' claim of police extortion.

Police corruption remained a problem, and there were credible reports that police facilitated or were involved in trafficking in women and children. In 2002, the Law Commission, an independent body, recommended amendments to Section 54 to curb police abuse. None of there commendations had been adopted by the end of the year. In an effort to curb police abuses, the High Court April 7 issued a 15-point directive to amend the Criminal Procedure Code [Cr.P.C] by mid-October. At year's end, this had not happened. Extortion from businesses and individuals by law enforcement personnel and persons with political backing was common, and businessmen on several occasions went on strikes to protest the extortion.

Prison conditions were extremely poor and were a contributing factor in some custodial deaths. During the year, 90 persons died in custody.

Victims of police abuse were generally reluctant to file cases against the police, as there was no independent body charged with investigation of criminal allegations against members of the police force.

The report is released by the Bureau of Democracy, Human Rights, and Labour on February 25, 2004.