JusticeMakers Inspire Each Other via Skype

 Following the success of the inaugural JusticeMaker conference call with partners from South Asia and the Caucasus, Thomas Halusa (Singapore) and Wouter Krujis (Geneva) organized a second call in order to give another group of JusticeMakers the opportunity to be inspired by the progress of their colleagues’ projects. The conference call took place on 26 November 2010, with participation from Oanh Hoang Ngo (Vietnam), Jae de la Cruz (Philippines), Ajeng Larasati (Indonesia) and Shahanur Islam (Bangladesh). Their brainstorming session highlighted their innovative practices and unique approaches, and how these could be adapted for use in different countries.

The primary topic of conversation was the best way to interact with governments. Each JusticeMaker had different experiences of this, based on the significant variances in their project targets and processes. Shahanur, whose project focuses on raising awareness about torture and highlighting Bangladesh’s commitments to international treaties, takes a high-profile approach. His latest success, having four police officers arrested for the torture of a human rights activist, emphasizes the very proactive nature of his project. He uses the media to publicize instances of torture. He has had successes in fostering partnerships with the police, and periodically exchanges information with the local superintendent about the legal aid situation in Dhaka. By finding amiable partners in the police force, Shahanur is adhering to the IBJ method of “change from within.” By using a collaborative approach, he is likely to garner more partners in long term, thus helping to ensure that torture is eradicated from Bangladesh.

Oanh’s project focuses on analyzing the legal rights of juvenile and indigent detainees in and around Hanoi. She also intends to provide training for lawyers on this issue, and her work requires a lot of government interaction. Oanh’s application highlighted the fact that well-trained lawyers are needed to ensure that a sound juvenile legal aid network in Vietnam can be established. In order to achieve this, she has collaborated with the Bar Association, Ministry of Justice, and universities. The first training she held was attended by various dignitaries, including the Vice Chief Judge of Bacnih Province, the Head of the Appeal and Procuracy Department for the Hanoi prosecutor, the Vice-President of the Vietnam Bar Association, the Vice-Chief of the Vietnam Legal Aid Bureau, and two international lawyers from Warsaw, Poland. More than 200 lawyers-in-training were also present. By collaborating with the government to run these sessions, Oanh is able to foster long-term relationships and governmental support for other such initiatives. Oanh’s work to establish a strong support network can help ensure that her changes in Vietnamese juvenile justice will ultimately by systemic and long-lasting.

Government plays a central role in Ajeng’s project implementation as well. Ajeng focuses on ensuring that pre-trial detainees around Jakarta are educated about the legal system and their rights. She has to enter prisons and work hand-in-hand with detainees to complete her training sessions and achieve her goals. Although prison officials have welcomed her plans and have even invited her to enter the jails several months ahead of her planned visits, Ajeng has run into some bureaucratic challenges. In Indonesia, a person wishing to enter a jail needs permission from the Director General of Prisons. Bureaucratic delays in receiving this permission have slowed down her project implementation.

For Jae, whose project is to create a network of paralegals to support farmers’ rights in the rural Philippines, the problem at hand isn’t bureaucracy, but democracy. The recent elections in the Philippines have resulted in a change in government, and consequently most of the provincial officials have been replaced. Because many agreements that Jae had reached with these officials had been conducted verbally, with few paper records of decisions made, some of Jae’s immediate plans have to be re-assessed. Her plans to organize a round-table discussion between police, military, the Supreme Court and the Justice Department have to be re-started. Jae intends to avoid this issue in future by keeping concrete records of all the steps she’s taken.  Despite this setback, Jae’s is hopeful about the future success of her project due to recent positive signs about the Filipino justice system. In a recent landmark decision, the Supreme Court temporarily suspended a judge that was deemed corrupt. This is the first in hopefully many steps towards the establishment of a more efficient legal system.

Dealing with bureaucracy is presents a challenge for all JusticeMakers. However, both Ajeng and Jae have found innovative ways to deal with it. Ajeng’s work is often adversely affected by corruption, which is pervasive in Indonesia, but she has developed an ingenious way of coping with these difficulties. When officials ask for bribes, Ajeng asks for an automated invoice to satisfy her NGO’s funders. This approach solves the problem in a non-confrontational way, and puts out the message that Ajeng won’t be affected by corrupt officials.

Jae manages to efficiently navigate the Philippines’ dense bureaucracy by befriending court officials. This allows her to receive information quickly, as employees of the courts are more willing to help her on the basis of their personal friendship. Jae has also procured a demand letter, which, when shown to officials, forces bureaucrats to provide the necessary material. Because this is a more acrimonious approach, and tends to take longer, Jae uses it only as a last resort.

In addition to discussions about governmental relations, IBJ wanted to hear from the JusticeMakers how they used media or P.R. to publicize their projects.  The JusticeMakers who participated in the second conference call all had very different experiences with the media. Jae, for example, tends not to interact with media to spread her project’s message: farmers in the rural Philippines do not often use radio, newspapers or the internet; thus using a media source would not particularly add to her project’s reach. On the other hand, Shahanur utilizes media sources heavily to emphasize his project and its impact. By managing to stay in within the public’s sphere of interest, the effectiveness of his project has improved.

By interacting with each through the call, all the JusticeMakers were able to find hope in the passion and commitment of their peers. Ideas, such as Ajeng’s, of asking for receipts when people are soliciting a bribe, are adaptable and effective. Interactions such as these help lay the foundation for the fellowship IBJ hopes to inspire throughout the JusticeMaker community.

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Training on Torture and Human Rights in Bangladesh

 On September 23, Shahanur Islam Saikot, JusticeMaker fellow 2010, conducted his training session on torture and human rights in a bid to strengthen prisoners’ rights throughout Bangladesh. The training was a collaborative event inaugurated by Fiorez Ahmed, the public prosecutor for Khulna Court and Sunil Chandra Das, the vice-president of Human Rights Development Project (HRDP). Aloka Nanda Das, a special public prosecutor, Saheb Ali, secretary of the Khulna press club and journalists from eight Bengali newspapers were also present.

Attendees were from the south of the country comprised of young professionals from a variety of sectors. Participants included 15 lawyers, four police and prison officials, five journalists, three judicial officials and three human right activists. Two of the attendees were selected as trainers for future events. The goal of the training was to instruct the participants on how to raise awareness about Bangladesh’s commitments to human right and reducing torture.

The training consisted of highlighting various aspects of international human right treaties. Shahanur explained the concept, definition and origin of human rights, including details of the Universal Declaration of Human Rights (UDHR), whilst comparing it to the constitution of Bangladesh.

In addition to the UDHR Shahanur addressed the Convention Against Torture (CAT) and the Optional Protocol to the Convention Against Torture (OPCAT). Bangladesh is a signatory of CAT however has chosen to opt out of Article 14 which states the following:

“Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.”

Bangladesh’s reservation was registered as follows:

“The government of Bangladesh will apply Article 14 in consonance of the existing laws and legislation in the country.”

This reservation could potentially be problematic if national laws in Bangladesh regarding torture do not meet international standards.

An additional element which could raise concerns surrounding the eradication of torture is the fact that Bangladesh has not signed OPCAT. Shahanur emphasised to his audience the need to do so as the objective of OPCAT is this:

“The objective of the present Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.”

With his JusticeMakers project underway Shahanur continues to raise awareness surrounding basic legal right within Bangladesh.

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JusticeMaker Shahanur Islam Works to Resolve Case of Unlawful Arrest

 On October 6, 2010, Mr. Mokhlesur Rahman Badal was arrested by the Drug Control Directorate police of the Ramna zone in the Dhaka metropolitan area. He was detained on the charge of being an accomplice to a drug smuggler who resided in the same building.

On October 12, 2010, Adv. Shahanur Islam Saikot, JusticeMaker Fellow 2010, and also Executive Director of Bangladesh Institute of Human Rights (BIHR) took up Mr. Badal’s defence and conducted interviews with the accused and his family. Additionally, Shahanur visited the relevant authorities to inquire about the reasons for arresting Mr. Badal and the police’s interrogation techniques. However, the police did not supply him with the requested information.

According to the family’s statement, Mr. Badal was seized in his home where he lives with his wife and two children, in a building in which he is  also employed as the caretaker. At noon on October 6, police entered his workplace and arrested him. According to the family’s statement, after violently assaulting Mr.Badal, the police searched his house without a search warrant, allegedly looking for drugs. None were recovered, however they found BDT 11,000.00 (USD$156), which they confiscated.

According to Mr. Badal, upon being brought to the Rama Zone office of Drug Control Directorate in Dhaka, the police used brutal interrogation techniques in attempt to coerce a confession. Throughout the incident, the police never provided evidence for their accusations, simply citing Mr. Badal’s physical proximity to a drug dealer living in the same building as their reasoning for his probable guilt.

Adv. Shahanur Islam Saikot talking with the wife and daughter of the accused

Shahanur has applied for bail on Mr. Badal’s behalf, and currently, Mr. Badal is in jail awaiting a court order that would grant him release.  He maintains his innocence.  Shahanur has vowed to continue to work with the Badal family to resolve this matter.

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2010 JusticeMaker from Bangladesh Preparing to Launch Human Rights Training Sessions

 2010 Asia JusticeMakers Fellow from Bangladesh Adv. Shahanur Islam has completed preparations on training materials on torture and human rights. Mr. Shahanur, who is also the executive director of the Bangladesh Institute of Human Rights (BIHR), will organize training sessions for different professionals in respective fields, such as lawyers, prison and police officials, judicial representatives and journalists, to increase their capacity as well as their knowledge about the international human rights instruments available to them.

The training aims to assist in achieving the goal of torture eradication in Bangladesh. The sessions will held in October 2010 in Khulna and in November in Naogaon. From these sessions several participants will be selected to assist Mr. Shahanur in conducting informational meetings on human rights to reach out to the general public. These meetings, to be held in 2011, will be hosted by universities, schools and community centers.

During the training sessions in October and November, Mr. Shahanur will use different teaching techniques. He will for instance distribute informational materials, deliver lectures, making use of Power Point presentations, conduct brainstorming sessions, etc. The programme will cover the concepts, definitions and origins of human rights, discuss details about the Universal Declaration of Human Rights (UDHR), as well as focus on specific articles of the UDHR. Mr. Shananur will make a comparison between the Constitution of People’s Republic of Bangladesh and the UDHR.

Significant time is scheduled to discuss the concept and definition of torture.  as well as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Committee Against Torture(CAT).  He will address which articles have been reserved by the Bangladesh Government, when the government of Bangladesh ratified the CAT, what the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) implies and how it affects Bangladesh.

Mr. Shahanur is also working on preparing materials for the informational human rights sessions that will be open to the public in 2011. The collection and preparation of information on the articles and sections from the Constitution of Bangladesh, existing laws and international human rights instruments are completed.

Accompanied by his assistants Mr. Shahanur will use these materials during the informational sessions. The meetings will have the same structure as the training for professionals, thus conducting lectures, distributing papers and informational materials in order to raise awareness and enhance knowledge on fundamental human rights to empower the citizens of Bangladesh.

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Warrants Issued for Arrest of Four Policemen Alleging Torture in Remand

 On Wednesday September 22, 2010, the Chief Metropolitan Magistrate Court (CMM) Dhaka issued a warrant for the arrest of four police officers, prominent among them former Ramna officer-in-charge Mahbubur Rahman. The officers are accused of torturing Mohammad Abu Abbas Bhuiyan, a Chhatra League leader in their custody.

The initial arrest took place after Professor Humayun Azad was seriously injured during an assault in front of the Bangla Academy on his way back home on February 27, 2004. The next day, police arrested Abbas, the Mass Education Affairs’ secretary at the Bangladesh Chhatra League, for the attack on Professor Azad.

Following his arrest, Abbas was taken to the Ramna police station where four police officers tortured him in order to extract a confession. He was released on bail after 14 days.

In the subsequent probe of the assault, completed on November 15 of 2007, charges were only pressed against Jama’atul Mujahedin Bangladesh members; Abbas’ name was dropped from the investigative documents after the probe.

On March 5, 2008 Abbas filed suit at the Dhaka Chief Metropolitan Magistrate’s Court. In his suit he accused Luftuzzaman Babar, former state minister for home, Mahbubur Rahman and three other police officials of torturing him during his detention.

JusticeMaker Fellow 2010 Shahanur Islam (far right) with the victim outside court

As a result of this suit , Metropolitan Magistrate Mehedi Hasan Talukder ordered the police detective branch (DB ) to review of the initial investigative report.  Its findings, released on June 14, 2008 by inspector Abul Kalam Chowdhury, found that Abbas’ claims were ‘false’ as no instance of torture had taken place.

Abbas’ lawyer submitted a petition expressing ‘no confidence’ in the report, submitted on July 23, 2009, leading Metropolitan magistrate Faisal Atiq bin Kader to order further inquiry. The case was handed to the Criminal Investigation Department (CID) on July 23, 2010. This secondary review, released on August 19, found Abbas’ allegations to be true.

‘The four policemen have committed offences under Section 330, 331 and 34 of the penal code by physically torturing Abbas at the Ramana police station in the period between February 28, 2004 and March 3, 2004 in the name of extracting confession from him,’ the investigation report by CID inspector Ehsan Uddin Chowdhury stated.

The court also asked serving Ramna police officer-in-charge Shibli Noman to report back on execution of the warrants by October 26. The warrants were issued for former officer-in-charge Mahbub, currently on suspension, subinspectors Rezaul Karim, now posted to the Pabna Kotwali station, Naser Ali, employed with the Special Branch (Dhaka city), and sergeant Anwar Hossain, who has been sent to the Jatrabari police force.

Legal assistance was provided to Abbas by the Bangladesh institute of Human Rights (BIHR). He was represented by Advocate Shahanur Islam during the hearing on behalf of BIHR. Shahanur is a winner of an International Bridges to Justice competition, making him a 2010 JusticeMakers fellow.

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