Ain o Salish Kendra (ASK)

Ain o Salish Kendro (ASK), is a legal aid and human rights resource centre. It provides free legal aid to the poor- women, workers and child workers. It has a special consultative status with UNECOSOC. ASK is a membership organisation, started by nine founding members (4 women and 5 men). ASK's legal activism has led to public campaigns and advocacy in defense of individual and group rights within a framework of democracy. Besides providing free legal aid, ASK seeks to create awareness of legal and human rights so as to empower citizens to negotiate their rights. It is committed to campaigning for reform of discriminatory and repressive laws to eliminate systemic social, legal and political discrimination.

ASK's strategies to access justice focus on:
Creating Awareness of Legal and Human Rights
Providing legal support and social support
Advocacy for Reform

Press Release/ Memorandum

17 March, 2008

Joint Press Release by-

Ain o Salish Kendra (ASK), Association for Land Reform and Development (ALRD), Nijera Kori, Bangladesh Legal Aid and Services Trust (BLAST), and Bangladesh Environmental Lawyers Association (BELA)

Ensure justice for the death of Adivasi leader Cholesh Richil

The 18 th of March marked the first anniversary of the death of Adivasi Leader Cholesh Richil after his being arrested and taken into the custody of the Joint Forces. In the year that has passed, the Government has failed to make the expected progress in securing justice for Cholesh and his family, or for the Adivasi community.

The formation of the Judicial Inquiry Committee to investigate the cause of death of Cholesh Richil was an important step towards ensuring justice and accountability for his death. However, as with all inquiry committees, this Committee too has yet to publish its report on the matter, for reasons which have not been stated or known to date. We belive that the delay in publication of the report is a major obstruction to securing justice for Cholesh and his family, for all Adivasis and for all citizens of Bangladesh. IT is also significant impediment to the establishment of rule of law in the country.

On the first death anniversary of the Adivasi leader Cholesh Richil, we demand

• Immediate publication of the report of the Judicial Inquiry Committee;
• Appropriate legal action be taken against those responsible for Cholesh's death;
• Appropriate and adequate compensation for the family of Cholesh Richil.

Concern over murder by Satkhira OC
Five human rights organisations have expressed concern over the murder of a woman by the officer-in-charge (OC) of Patkelghata Police Station under Satkhira district.

Leaders of Ain-O Salish Kendra, Bangladesh Legal Aid and Services Trust, Nijera Kori, Bangladesh Mahila Parishad and Karmojibi Nari in a joint press release demanded exemplary punishment to OC Mizanur Rahman.

According to several national dailies of March 9, the OC beat up Sadia Rahman mercilessly on March 4 as she went to him for her social recognition as wife.

As her condition deteriorated Sadia was sent back to Dhaka, but on the way she died.

Despite the order of the district police supper not to burry the body without post mortem, she was buried hurriedly in Dhaka.

The human rights leaders in the pres release said the incident will obviously hurt the government initiative to build up a people-friendly police and called for bringing the OC to justice.

Source: Daily Star, 11 March 2008

* * *

24 January 2008

Eminent Citizens' Appeal to the Chief Adviser to release Cartoonist Md Arifur Rahman, imprisoned in Dhaka Central Jail for over 120 days.

Dr. Fakhruddin Ahmed
Hon'ble Chief Advisor
Chief Advisor's Office
Government of Bangladesh
Tejgaon, Dhaka.

Dear Sir

We write to seek your intervention to ensure the early release from imprisonment of Md Arifur Rahman, who has now been in prison for over 120 days in connection with a specific criminal case for ‘hurting religious sentiments' and also a detention order.

Please find set out below the relevant facts and circumstances:

Arif, 23 years old, holds a BA degree and is a self-trained cartoonist, who won national recognition for his work being awarded the first prize in a national Anti-Corruption Cartoon Competition by the Daily Star in 2007. Arif was earlier awarded by Transparency International Bangladesh (TIB) for his cartoon against corruption in a national competition held in 2006 to mark the International Anti-Corruption Day. He is the sole breadwinner of his family and supports his elderly mother.

Arif has been in Dhaka Central Jail since 19 th September 2007. He was taken into custody by the Detective Branch of the Police on 18th September 2007, and questioned with regard to the publication on l7th September 2007 of a cartoon titled ‘Naam' in the Alpin, a supplement of the Daily Prothom Alo. Arif cooperated fully with the questioning, and clarified that the cartoon simply replicated a popular joke which he had commonly heard in his village home, and that he had no intention of hurting the religious sentiments of any person, and expressed his regret for any inadvertent offence caused. Nevertheless, he was taken to Tejgaon Police Station and held overnight in the lock up. He was not told why he was being held nor given any opportunity to inform his family members or any other person about his whereabouts, nor allowed access to a lawyer.

On 19 th September, Arif was taken to the Court of the Chief Metropolitan Magistrate, Dhaka, and then later to the Dhaka Central Jail. On the same day, a detention order was issued under Section 3(1) of the Special Powers Act by a Deputy Secretary of the Ministry of Home Affairs purporting to detain Arif for thirty days. This detention order has since been extended for three months on 11.10.2007 and again we have learned for a further three months in January 2008. Arif was not aware of this detention order having been issued until over a month after his initial arrest. The detention order states that it is intended to prevent a person from committing a prejudicial act – and yet there is no evidence or materials to indicate any likelihood of Arif's committing any such act. Indeed, Arif has on 20 th September, been implicated in CR Case No. 2298 of 2007 filed by the Officer in Charge of Tejgaon Police Station under Section 295A of the Penal Code alleging that he had committed an offence of ‘hurting religious sentiments' by ‘publication' of the said cartoon, and as such the order of ‘preventive detention' appears to have no validity.

As you are aware, the publisher and printer and editor of the daily newspaper the Prothom Alo have already expressed their regret for any hurt caused to religious sentiment as a result of the publication of the said cartoon. Editors of leading newspapers have also done so. Arif has also made clear that he had no intention of causing hurt to the sentiment of any person.

It may be noted that similar texts had been published earlier and been in wide circulation for many years (information regarding which has been reproduced in several national newspapers) with no untoward consequences to any of those responsible. Nevertheless, Arif has been singled out to face threats of dire consequences and open intimidation in street protests by certain individuals and organisations.

We are deeply concerned that no investigation or inquiry has been made with regard to the such repeated and public acts of intimidation and incitement to violence, while Arif himself has now languished in custody for over 120 days, with limited access to lawyers as well as his family and vulnerable to further threats and undue influence within the prison confines.

We therefore urge you to take into consideration Arif's background and good character, in particular that he has clearly expressed regret for any untoward offence caused, and the facts and circumstances in which he has been accused and imprisoned, and to intervene to withdraw all pending orders and cases against him and to ensure his immediate release.

Yours Sincerely,

Professor Dr. Anisuzzaman
Professor Muzaffar Ahmed, Sujon
Professor Zafar Iqbal
Dr. Shamsul Bari, Research Initiatives, Bangladesh
Lt. Gen. M. Harun Ar Rashid BP (Rtd.) Sector Commanders Forum
Maj. Gen. Amin Ahmed Chowdhury BB PSC (Rtd.)
Dr. Hameeda Hossain, Member, Ain o Salish Kendra
Taslimur Rahman, Bangladesh Legal Aid and Services Trust
Sultana Kamal, Ain o Salish Kendra
Shaheen Anam, Manusher Jonno Foundation
Khushi Kabir, Nijera Kori
Farida Akter, UBINIG
Dr. Iftekharuzzaman, Transparency International, Bangladesh
Akku Chowdhury, Trusty, Liberation War Museum
Ziauddin Tarek Ali, Shomilito Shamajik Andolon
Tabarak Hussain, Advocate, Bangladesh Supreme Court
Rabiul Hossain, Architect
Tanvir Mokammel, Film Maker
Dr. M.A. Hasan, War Crimes Fact Finding Committee
Lubna Marium, SAHR
Sara Zaker, Theatre Activist
Dr. Naila Khan, Shishu Hospital
Ali Zaker, Theatre Activist
Asaduzzaman Nur, Theatre Activist
Rina Roy, Manusher Jonno Foundation

CC:

1. Bangladesh Desk, Office of the High Commissioner for Human Rights (OHCHR), Geneva.
2. Mr. Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Office of the High Commissioner for Human Rights (OHCHR), Geneva.
3. Dr. Debapriya Bhattacharya, Ambassador and Permanent Representative of Bangladesh to the UN Mission in Geneva.

* * *

10 th December 2007

Citizens' Response to Formation of National Human Rights Commission

We welcome the announcement by the Cabinet Division to approve the long-pending draft law on a National Human Rights Commission.

We call for urgent steps to be taken to establish the Commission with full powers and, most importantly, institutional independence to enforce the human rights of all persons, citizens and non-citizens, and to address violations of rights by any person , regardless of their identity or institutional affiliation.

We further demand that the Commission's jurisdiction extend to all universally recognised human rights.

We are also concerned that the proposed Selection Committee is too executive-dependent and urge that it be revised to include persons with a track record and credibility in promoting and protecting human rights, including from within the Bar, media and academia.

We further urge that the selection of Commissioners reflect the diversity of our society, to enable it to focus on the concerns of all persons, irrespective of religion, gender, ethnicity or any other marker of identity. We urge in particular that the Commission include at least one woman , and that the minimum and maximum age-limits on membership be removed .

We call for public consultations to be held, and the responses incorporated in the Draft Ordinance before it is placed for the President's approval, so that the Commission can be finally constituted by the New Year.

ASK's Concern Over Labour Unrest in Khalishpur

Ain O Salish Kendra (ASK) has expressed deep concern over the situation in Khalishpur industrial area in Khulna.
A press release of ASK yesterday said labour unrest is growing across the country and the latest incident occurred in Khalishpur.
Citing newspapers, it said workers at the Peoples Jute Mills, Platinum Jute Mills and Star Jute Mills located in Khalishpur have been agitating over their arrears and wages for last few days.
The situation has further deteriorated as both the police and the workers have resorted to violence in which several people were injured.
ASK appealed to all concerned to sit together in order to find a peaceful solution to the problem as there is no other alternative to save the country's dwindling economy.

http://svr87.edns1.com/~starnet/2007/04/20/d70420062285.htm

The Daily star, 24 April 2007

Cop action on family members of jute workers condemned
Different organisations yesterday expressed concern over the police atrocities on family members of workers of different jute mills in Khalishpur industrial area in Khulna.
They also demanded proper investigation and trial of the persons responsible.
Ain O Salish Kendra (ASK) in a press release urged all to find a peaceful solution to the problem and take immediate measures to protect the family members of the jute mill workers from further harassment.

http://svr87.edns1.com/~starnet/2007/04/24/d70424061989.htm