Abduction by Law Enforcement Agencies | 2013

        • 53 people became victim of Enforced Disappearances
        • Among them 5 dead bodies were recovered,
        • 3 were handed over to police,
        • 2 got detained, and the rest of them are still missing.

 

A relatively new addition to state crime is enforced disappearance.  In almost all the cases of such abduction,  it is observed that civil dressed people often forcefully abduct the victim with the identity of the law enforcers, the person stays missing for some days or a corpse submerges or they remain traceless. Most of the missing people are being concealed or have been assassinated.

In most cases related to this kind of events, despite the complaint of the family members of the abducted, missing or murdered people against the law enforcement agencies; especially the Rapid Action Battalion (RAB) or the Detective Branch ( DB); on behalf of the government, there have been no press statements ,  investigations conducted, nor any actions were taken with proper liabilities to prevent such disappearances.

            • On 27th November around 10:30 pm on the way from Laksham to Comilla by ambulance the BNP president of Laksham upzilla and the former MP Saiful Islam Hiru; the BNP president of Laksham Upzilla Humayun Kabir Parvez, and BNP leader Jashim Uddin were stopped by some people wearing black uniform and taken away by being transferred to some other vehicle. Later on among the three, RAB handed over Jashim Uddin to the police and at present he is in jail. There is still no trace of former MP Saiful Islam Hiru and BNP leader Humayun Kabir Parvez.
            • On 11th May around 6 in the evening, some eye-witness and the family members of the cable businessman Md. Faqrul Islam claimed he was  taken away by 8/10 RAB members (uniformed) on a car labeled “RAB-3” from back lane of the Nur Mosque situated in Shegunbagicha, Dhaka. Due to this event on belhalf of Faqrul’s family applications were sent to various places including the Home Ministry, RAB-3/1, Ramna Police station, and the DB office, but still no trace was found.
            • On 26th May in front of the Capital’s Gulisthan Golap Shah Tomb the joint-convener of ward no 56 Dhaka Metropoliton Awami League, Ruhul Amin, was taken away by civil dressed people by the identity of DB police. Since then Ruhul Amin is yet to be found.
            •  26th June, Nurul Amin, the student of Masters, Department of Management of Jagannath University, had been reported missing. His elder brother Al-Amin has informed that around 8pm that day he was arrested in front of the Gulshan police station by the civil dressed members of the law enforcement agency. On 28th July despite his family members’ held a press conference demanding the whereabouts of missing Nurul Amin, he is yet to be found.

Abduction by Law Enforcing Agency Q4

State Responsibility

Every person has the right to life, liberty and security of person. Unacknowledged detentions or involuntary and forced disappearances constitute a violation of these rights.

The State should take effective legislation, administrative, judicial or other measures to prevent and provide protection against unacknowledged or involuntary and forced disappearances. Such measures can include :

    • Taking legislative measures to ensure that acts of enforced disappearances are recognised as offences under the criminal law.
    • Ensuring that every person deprived of liberty is held in an officially recognised place of detention and in conformity with the national law.
    • Ensuring that deprivation of liberty is subject to judicial control.
    • Ensuring the accurate information on the detention of persons and their place or places of detention including transfers is promptly made available to family members, legal representatives or any other person having a legitimate interest in the information.
    • Ensuring that an official up to date register of the detained persons is maintained in every place of detention and the information is made available.
    • Ensuring that all persons deprived of liberty are released in a manner permitting reliable verification that they have actually been released.
    • Ensuring that an individual who alleges that a person has been subjected to an enforced disappearance has the right to report the facts to a competent authority which shall examine the allegations promptly and impartially and where necessary to undertake thorough investigation.
    • Taking appropriate steps to ensure that a complainant, witness, relatives of disappeared persons and their defence counsel are protected from ill treatment, intimidation or sanction as a result of the search for information concerning a person deprived of liberty.

Universal Periodic Review  (2013)  Recommendations Accepted by the Government of Bangladesh

            1. United Kingdom Recommended : Thoroughly and impartially investigate and, if credible evidence emerges, prosecute all allegations of human rights violations, in particular enforced disappearances, custodial torture and extra-judicial killings
            2. Cyprus Recommended : Undertake further steps to effectively investigate alleged human rights violations by Law Enforcing Agencies and bring to justice police or other security personnel who were allegedly engaged in acts of brutality and torture
            3. Switzerland Recommended : Take necessary measures to ensure that perpetrators of human rights violations are prosecuted to put an end to their impunity.

During the UPR in the UN Human Rights Council, the Minister Dipu Moni disagreed with the suggestion that enforced disappearance is frequently used by Law Enforcement Agencies and clarified that the term did not exist in Bangladesh laws which recognize kidnapping or abduction as cognizable offence. She underlined that the association of Law enforcement agency or state machinery with such criminal acts is deliberately done to undermine their credibility and create misperception in public mind.