Star Law Vision
Torture
in police custody
Bangladesh
could follow Mexican trail
Dr.
Muhammad Ashrafuzzaman
The
Police have been given bizarre power in Bangladesh. According
to section 54 of the criminal procedure code, which was
drafted by the colonization masterminds, the police can
arrest anyone whom it suspects to be involved with any
crime. The reason I used the offensive words above is
that the act is and was for the subcontinent (during British
colonization period) only and never applied in England,
where the masters were from. And the common scenario is
that, after the arrest police forward the person before
the magistrate with a prayer for remand in custody under
section 167 of the criminal procedure code. At this stage
if remand is granted, the arrested person is then taken
into the police custody for interrogation. And in the
name of interrogation usually torture is carried on the
arrested person to obtain information or confessional
statement. Now a day it has become a practice by the police
that they also take money from the arrested person just
not to torture him (the detainee). After the expiry of
the remand period the arrested person is brought before
the Magistrate and if there is any confessional statements
the Magistrate records it and the police also may pray
for further remand. This is so routine practice that even
some people and almost all policemen do not consider this
as a violation of rule. Although, while in opposition,
the major political parties always admit this fact and
raises their voice against this issue, but unfortunately
this widespread and persistent torture has been routinely
ignored by successive governments, since Bangladesh's
independence in 1971.
Photo:Star |
The
United Nations' Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, entered
into force June 26, 1987. Bangladesh signed the convention,
although very late, only in the 5th October 1998. However
having regard to article 5 of the Universal Declaration
of Human Rights and article 7 of the International Covenant
on Civil and Political Rights, both of which provide that
no one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment and having regard
also to the Declaration on the Protection of All Persons
from Being Subjected to Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the General
Assembly on 9 December 1975, this convention is not a
new concept but a continuation of UN attempt to stop cruelty.
For the purposes of this Convention, the term "torture"
means any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act
he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official
capacity. We have to bear in mind that only pain or suffering
arising only from, inherent in or incidental to lawful
sanctions are exempted from the definition and police
tortures are not lawful.
Bangladesh
is not the only country where there is this trend of police
torture. In many countries this is a major problem and
even in the countries where the law and order is the best
in the world, this problem exists in a limited scale.
If we look at Austria, one of the lowest crime rate country,
with persistent record of best law and order, In November
1999 the United Nations Committee against Torture noted
the fact that in Austria "... allegations of ill
treatment by the police are still reported". There
are continued reports of alleged ill treatment of detainees
by police officers, in many cases while being arrested.
A large majority of allegations come from non-Caucasian
Austrians and foreign nationals. Most report that they
have been subjected to repeated kicks, punches, kneeing,
beating with truncheons and spraying with pepper after
being restrained. In many cases the allegations of ill-treatment
have been supported by medical reports and in some cases
the detainees have been taken by the arresting police
officers to receive medical attention during their initial
period in custody.
But
unlike other nations Bangladesh government is shy to admit
this problem let alone address the solutions. Like Bangladesh
there are many third-world countries where citizens are
often vulnerable to their own law enforcement agencies.
Such a country with very bad reputation for police torture
is Mexico. The Mexican Government is trying to tackle
its reputation as one of the world's worst human rights
abusers by holding a "counter-torture" course
for police. Mexico's Attorney General ordered the course
as one of a series of steps to modernise the country's
law enforcement agencies and improve their reputation.
And for the first time he has appointed an official to
oversee human rights within his own office. Together,
human rights agencies say they mark a significant admission
by the attorney general that a serious problem of torture
exists. The course is aimed at police prosecutors - the
officials who deal with alleged offenders after they have
been arrested. It teaches them the limits of what is and
is not appropriate treatment of suspects and how to recognise
the signs of abuse when police have gone too far.
Here
back home, for too long torture has been accepted as normal
behaviour by governments. Victims can be children, women,
the elderly, political dissidents, criminal suspects,
or innocent bystanders. As Mexico detected here also,
the basic reason for police torture is that the police
do not know or forgot what they did learnt in their training
about the methods of investigation or extracting information
in an interrogation. The above sentence may raise doubt
among readers but consider the typical view of an hartal
or political activities. Although according to the convention,
no exceptional circumstances whatsoever, whether a state
of war or a threat of war, internal political instability
or any other public emergency, may be invoked as a justification
of torture. Even, An order from a superior officer or
a public authority may not be invoked as a justification
of torture.
Scores
of people have died in custody as a result of torture.
Custodial rape has been a serious problem in Bangladesh.
Victims of rape often have to rely on the support and
resilience of their family to seek justice. Sadly, it
has been mostly in cases where the victim has been murdered
or there has been public outcry that any action has been
taken. Many cases of violence against women take place
at the hands of private individuals and it is common for
police not to take action against alleged perpetrators
on payment of a bribe.
Torture
and ill treatment is not always carried out behind closed
doors. Police frequently attack demonstrators and in an
attempt to hide their actions, they also beat the journalists
reporting such protests. On 9 August 1999, an AFP journalist
Debu Prasad Das was taking photographs of a strike by
truck transport labourers near Chittagong when several
police officers beat him with sticks and rifle butts.
Debu Prasad Das knows the names of the policemen who beat
him but did not include them in his complaint for fear
of retaliation. Later he filed a petition case against
seven policemen in the Chittagong Magistrate court but
no investigation has been made. According the code of
criminal procedure no court shall take cognigence of a
case filed against a public servant on duty i.e. police
who was torturing a public to comply with his duty. Furthermore,
police officers harassed him to withdraw the complaint
and have offered to pay the medical bill (very kind of
them).
The
above fact is not a stand-alone case but a one of a series
of cases. In another occation a 81-year-old Sheikh Shahabuddin
Ahmed, was tortured by police on the day of his arrest,
7 July 1998. Sheikh Shahabuddin Ahmed was president of
an association, which worked against drugs and criminal
activity. He said to the newspaper "The criminal
gangs were working directly with the police who came to
arrest me saying I was stopping business activity in the
area. In fact we were only trying to stop criminal activity
and drug abuse." After sending appeals to the Home
Minister, Prime Minister and the Inspector General of
Police seeking punishment of those who tortured him, he
was told one of his torturers was dismissed, but should
not expect any further action or compensation. Although,
the 1987 arcticle also, clearly states that upon being
satisfied, after an examination of information available
to it, that the circumstances so warrant, the government
should have to take the officers alleged into custody
or to take other legal measures to ensure their presence.
Police
officials in Bangladesh admit privately that torture takes
place but they take a lenient approach, blaming it mostly
on the low income of police officers. In other cases,
police officers may be involved in criminal activity such
as trading in drugs or contraband, and torture people
to stop them taking action against them. Torture of political
opponents is believed to be ordered by politicians. Police
may also torture for personal gratification as is the
case with rape. However, the majority of cases involve
torturing people to confess to a crime they didn't commit.
All of this continues because successive governments allow
it to. It is rare that cases are investigated and even
fewer are brought to justice.
Bangladesh
ratified the Convention Against Torture in 1998. Torture
is forbidden under the Constitution and it is a criminal
act under the Penal Code. However legislation which facilitates
torture, for example by allowing for detention without
an arrest warrant, is still in place. Several NGO's prepared
report on this issue and invited the government to take
measures to prevent this torture by police. Among various
proposals there include; ensuring no law facilitates torture,
that allegations of torture are investigated, that torturers
are brought to justice, that police are trained in torture-free
methods of interrogation and that victims are compensated.
It is understandably true that if a complain has to be
made to the same authority an expectation of justice is
a fake dream. So, if the government has any honest intention
to make this complain any fruitful there should be a separate
authority to deal with these complains. Torture by no
means should be accepted as a necessary act or a part
of life -- it is a human rights violation. The government
should take up the challenge to make a difference in Bangladesh
by ending years of endemic torture. It is also recommended
that the Government repeals the Special Powers Act. It
is further urged that the Code of Criminal Procedure should
be reviewed for the sections therein where the police
code is embodied and the law relating to confessions.
It is proven facts that the provision of confession results
in torture. It is also necessary to ensure that law enforcement
agencies understand that torture is a criminal act and
to bring perpetrators of torture to justice.
The
author is assistant professor and head Department of Law,
Northern University, Bangladesh.
