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
Adv. Shahanur Islam (Saikot)LL.B (Hon’s); LL.M (Law & Justice)
Co- Founder, JusticeMakers Bangladesh
Country Observer, Global Human Rights Defence
Email: saikotbihr@gmail.com, Skype: saikot.bihrCell: +8801720308080, Blog:shahanur.blogspot.com
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In August 2011, Advocate Shahanur Islam (Saikot) Global Human Rights Defence Country Observer for Bangladesh and Co-Founder 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 no surprise 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 Bangladesh’s 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) were continuously 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.
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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:
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: Torture[1], 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)
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 under Khagrachhari district.
Date and place of incident:
Date: August 07, 2011 around 10.00 am to 12.30 am
Location: 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.
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 of Bengali nationality on the Jumma people and demanding the withdrawal of foreign Minister Dipu Moni’s 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.
[1] Note 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 – The International Convention Against Torture
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.
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 from the government hospital, but they were informally treated by their family doctor). One policeman attacked one of the student’s 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 police and army personnel to the spot (80 to 100 policemen and 48-64 Army personnel).
While the students were leaving 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, Rajesh Tripura, and beat him indiscriminately in front of the college gate. The policemen then took him to Chengis 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, Suprientent of Police, Khagrachhari, Mr. Masud Mahfuzul Islam Al Akkas, Assistant Superintend of Police, Khagrachhari, Mr Sala Uddin, Additional District Magistrate (ADM), Khagrachhari, Mr. Dilip Kumar Das, Principal of Khagrachhari Gov’t College and the general student were present. In this meeting the police official denied their involvement to torture Jumma student. The police denied torturing any of the students and didn’t 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 difficulty, and even they will lose their career.
Issues Encounted During Fact Finding Mission:
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 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 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 no treaty 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, the police 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 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 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).
- During the peaceful demonstration some of the Bengali people through the brick pieces toward the policemen to exacerbate the situation.
§ 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 the general 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.
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 GHRD’s 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:
Ø 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;
Ø Ensure exemplary punishment of the perpetrators who were directly or indirectly involved in this violation of human rights;
Ø Provide adequate financial compensation to the victim and victim’s family as well as guarantee the physical and psychological integrity of the victims and their families;
Ø Withdraw all temporary camps of the army, Ansar, APBN and VDPs including the 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;
Ø Remove the government of Bangladesh’s reservation from the Art.14 of Convention Against Torture, accepting victims right to compensation and criminalised torture under domestic law;
Ø Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
Ø Provide human rights education and training to the Police Inspectors and policemen who run police stations;
Ø 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;
Ø 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 legal aid, rehabilitation & awareness)
The JusticeMakers Bangladesh (JMBangladesh) has been initiated on 2010 by a group of young, energetic and experienced lawyer; social activist in the field of human rights in Bangladesh with a promise to human rights, justice and rehabilitation among community level for the protection and promotion of human rights and ensuring the respect and realization of the Universal Declaration of Human Rights and the fundamental provisions of the Constitution of Bangladesh as well as providing humanitarian assistance to the victim of violation and discrimination in the country. Since the inauguration of JMBangladesh is devoted to serve mankind specially who are victim of torture and organized violence as well as other form of human rights violation and discrimination. JMBangladesh was born and brought up to remain beside the victim of torture, mal treatment 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. The main spirit covers three main thematic areas- justice, rehabilitation and awareness.
Mission:
- To insure human rights throughout the country through maintaining the legal and financial rights of the all Bangladesh people; To serve mankind especially who are victim of torture, mal treatment and organized violence as well as other human rights violation indifferent to race or religion, sex or age;
- Enable the government and the non-government organizations to observe, learn and understand closely and concretely the impacts of different legislations on the life and livelihood of common people.
Objective:
- To provide legal aid and legal counselling to community members through their respective organizations as well as in centre;To organize seminars, workshops, symposiums, rallies, human chains and view exchange meetings on various human rights related issues and attending such programmes organized by others;
- To provide training especially on paralegal and human rights aspect to community organizers as well as conduct a summer course on human rights for university graduates and law enforcing agencies;
- To promote legal & human rights literacy, which includes translating and publishing handbooks of law in layman`s language and a training manual on human rights;
- To establish a human rights documentation and information centre to ensure exchange and dissemination of human rights violation;
- To publish a weekly "Law Corner" in a popular magazine, with cartoons to simplify legal problems and to respond to inquiries about legal problems for 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 conduct fact finding and issue urgent appeal/action regarding violation of human rights;
- To build up institution as well as human rights defender in community level;
May engage in income-generating and profit-making activities but none of the income and/ or profit shall be distributed to the Trustees who shall render voluntary service and the income and the profit will be utilized for implementation of the vision and mission of JMBangladesh.
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