Bangladesh Law House

Monitoring failure leads to secret killings

2011-12-18T01:23:00.001+06:00

High-ups of the law-enforcing agencies have failed to monitor activities of their forces, some of them are allegedly being involved with major crimes like abduction, silent killing and collecting bribe money from people.

Rapid Action Battalion (RAB),Detective Branch (DB) of police, and police forces have some political posting at the lower tier who are allegedly involved in these crimes, informed sources said.

The elite force - RAB - has been formed with 14 battalion and sub battalions. The sub battalions have severalteams and are headed by sub inspectors.

RAB is a source-based elite forceand it has to depend on the lower class officials since they maintain sources.

If a RAB team abducted someone and killed him with the help of sources, the incident went beyond the knowledge of the high officials of the elite force, sources added.

Officers must pay bribes in order to be posted to those places like RAB and lucrative posts and the amount is determined by the rank of the job-seeker and the possibilities of income from the targeted posting.

The recipients of bribes also include bureaucrats in the ministries, parliamentarians of the concerned constituencies and influential local politicians, added the informed sources.

They added these illegal pacts led to the raise of such crimes like abduction, secret killing and collectionof bribes. Police said they have recovered 20 bodies the last eleven days. Onewas an opposition activist but it was unclear who the rest were. At least 100people disappeared between January 2010 and November 2011.

Meanwhile, the security forces have rejected accusations of their involvement, after allegations that the plain-clothed law enforcers had detained some people.

According to the local human rights group Odhikar, most victims are opposition political activists, but someare victims of criminal feuds or business rivalries.

"What is alarming is that the families of the victims have told us that members of Rapid Action Battalion... or police took their relatives. And they never returned,"Odhikar secretary Adilur Rahman Khan said.

The organisation asserts that only a fraction of the real number of disappearances are officially recognised.

On Wednesday the head of the state-run national Human Rights Commission said the government has to provethat its law-enforcement agencies are not involved in the higher number of disappearances.

Media reports on Wednesday said the bodies of 20 men found with their hands tied near the capital Dhaka had marks of head wounds.

The New Nation

20 bodies of secret killing victims recovered in 10 days; 500 BNP, Jamaat men under surveillance

2011-12-18T01:13:00.003+06:00

Intelligence agencies have listed around 500 top-ranking local influential leaders of BNP and Jamaat across the country and have kept them under strict intelligence surveillance, police said.

They include presidents and general secretaries of ward, union, upazila and district BNP, Jamaat, Jubo Dal, Chhatra Dal and Chhatra Shibir.

A high official of police,preferring anonymity, told The New Nation yesterday that the Government had ordered the law enforcing agencies to be alert about the said leaders.

Executive Director of Ain OSalish Kendra (ASK) Sultana Kamal has voiced grave concern over the silentkillings and recovery of many unidentified bodies.

Police said following the order of the Government each policestation across the country has prepared a list of names of Jamaat, ChhatraShibir, Jubo Dal and Chhatra Dal leaders at ward, union, upazila and districtlevels for taking action against them.

These leaders are capable ofcarrying out criminal activities and can deteriorate law and order in thecounty, the sources added.

Meanwhile, police recovered 20bodies in the last ten days amid allegations that some of them had been pickedup by plainclothes personnel creating concern among the rights groups about such disappearances and the subsequent killings.

The bodies, some of those decomposed, were all recovered from Munshiganj district, mostly from the Dhaleshwari river and a nearby water body. The bodies had their hands and legs tied and some had bullet marks on their foreheads, police and witnesses said.

Some families of the deceased said the dead disappeared amid witnesses' accounts that they were grabbed andwhisked in microbuses by plainclothes personnel.

Police yesterday recovered aJessore BNP leader's body from Gazipur's Salna area, over whose disappearance a general diary had earlier been filed in Dhaka.

The 45-year old Nazmul Alam,Jessore BNP finance secretary and also the chief of Jhikargachha Thana unit in the district, went missing Wednesday night on his way back to his residence in Dhanmondi from a wedding programme.

Another BNP leader filed a general diary with Mohammadpur police claiming that he was abducted.

"We found signs of balm being applied to his eyes and he was strangled to death. There was a towel wrapped around his neck," Gazipur's additional superintendent of police Mohammed Mizanur Rahman said on Thursday.

Locals contacted police when they found the body lying beside the Dhaka-Mymensingh highway in the morning. His relatives were informed through his cellular phone lying beside him.

His cousin 'Kallol' identified the body. He told journalists that even though Nazmul was an activist of Jessore BNP, he resided in Dhaka with his family as he had a business here.

"Nazmul came to mysister-in-law's wedding at Mirpur. He had sent his wife and children home before and started for his Dhanmondi residence in his own car around 11.30 pm.But he did not reach home."

Kallol added that Nazmul spoke for the last time on the phone with another Jessore BNP leader T H Ayub around11.45 pm. He told Ayub that he was being abducted. Ayub filed a general diary in the night.

"We are suspecting that them iscreants killed Nazmul somewhere else and left his body here sometime in the night. We have sent the body to Gazipur Sadar Hospital for autopsy," added the additional police super.

Elder brother of Nazmul's wife Mehedi Hasan said Nazmul lived with his wife and three sons at Dhanmondi and was an importer and exporter of agricultural goods.

Meantime, a union parishad level BNP leader of Companiganj upazila in Noakhali was hacked to death around the same time.

The victim has been identified as Abdul Wahab, 60, popularly known as Wahab Raja. He was vice president of Charkakra Union unit of BNP.

The victim's cousin Mobarak found Wahab's body in a garden near his house. He was slaughtered, relatives said.

On information Companiganj police recovered the body and sent it to Noakhali Medical College Hospital for postmortem.

The law enforcement agencies havedenied all allegations that they picked up those people.

The New Nation

ICT charges won't prove true: Prof Ghulam Azam

2011-12-16T11:18:00.003+06:00

Ghulam Azam

Former Ameer of Jamaat-e-Islami Professor Ghulam Azam has challenged the allegations placed against him before the International Crimes Tribunal (ICT).

"Let them prove those(charges); I am sure that they cannot prove any of the charges InshaAllah," he said and termed the allegations as a slander against him and the trial as a farce.

In an interview with newsmen at his residence at Mogbazar in the city, Professor Ghulam Azam said their 1971-apprehension that India came actually not to liberate Bangladesh, rather serve its own interests has been proved in the 40 years' period after the independence."Observing 25 years' attitude of India (1947-1971) with then Pakistan, we were confirmed that if East Pakistan is separated with India's help, it (East Pakistan) will not be an independent state," he said.

India helped us for their three interests. These are: 1) weakening its perpetual enemy 'Pakistan' by division;2) making easy to establish India's domination here; and 3) turning the country into a market of Indian products, he said, adding that that's why they (Jamaat)politically didn't want to be separated from Pakistan.

"We would remain with them(AL) in the movement of liberation if they wouldn't have lied obstinately at Indira Gandhi's door for our freedom," he said.

Mentioning geographical location of the territories of Bangladesh and India, Ghulam Azam said, "We apprehended of absolute control of India over Bangladesh if we separate ourselves."

Sheikh Mujibur Rahman also didn't want separation of East Pakistan (Bangladesh) rather he wanted to be a Prime Minister of the whole Pakistan, Ghulam Azam claimed.

Describing political situation of pre-1970 national polls in then East Pakistan, he said, "An idea was created among then East Pakistan people that a Bangalee, and he is Sheikh Mujib, not any West Pakistan leader, will have to be in the power of Pakistan for protecting their rights. It is the achievement of the leadership of Sheikh Mujib."

Replying to Ghulam Azam's1970-election campaign that Sheikh Mujib wanted to divide Pakistan and East Pakistan would be a part of India, Sheikh Mujibur Rahman replied, "We don't want to divide Pakistan; we have been separated (from India) not to be united with it," he said.

The people in many places told Ghulam Azam that they liked and loved him but would vote Sheikh Mujib in thatyear for grabbing the state power, he said.

When Yehya postponed the assembly without consulting with the majority party, Sheikh Mujib, who was supposed tobe the Prime Minister, revolted. Then, East Pakistan government came under the control of Sheikh Mujib, Ghulam Azam said, adding that if he (Mujib) just declared independence at that time, Bangladesh would be liberated but he didn't want separation. "Actually number one person responsible for dividing Pakistan is Bhutto," he added.

Even Syed Nazrul Islam, who took part in the Yehya-Mujib talk, on March 24 night, told Azam that they didn't want to divide Pakistan rather wanted to keep it intact with the recognition of the six-point demand, he said.

When asked about his role during the Liberation War, Azam said he was in Bangladesh during the war, tried to help the people at his capacity, and did nothing that was crimes against humanity. On November 20, 1971, he went to Lahore to attend central working committee meeting of Jamaat.

About the Razakar and other forces alike it, he said the forces were formed by the Pakistan government through drumming and the people, basically unemployed, joined them.

About the allegation of planning for the March 25 genocide in 1971, he said, "It seems (from their allegation) that I was in government at that time. What evidence they have? I will challenge. They won't be able to prove any charge InshaAllah"

Evaluating the crimes tribunal,he said it (ICT) was their own tribunal formed with their political persons;there was no hope of a fair trial; the head of the judges was involved in Ghadanik Dalal Nirmul Committee (Ghadanik), which earlier ordered for hanging him.

He further said Sheikh MujiburRahman settled the war crimes issue forgiving the 195 identified war criminals-cum Pakistani soldiers through Simla treaty. No civilian was included in the list.

Sheikh Mujibur Rahman also declared 'general amnesty' for the civilians after trying many of them as collaborators under the Collaborator Act, he said, alleging that they (Jamaat men) were currently being tried under the act, made for trying the Pakistani soldiers.

After the 2001 polls, where AL was defeated to four-party alliance for vote-bank of Jamaat, they raised the war crimes issue as a conspiracy to make Jamaat leaderless and ineffective in the political field, he alleged.

He also said in different movements including that against autocratic Ershad, they (Jamaat and AL)together declared programme and held meetings but they didn't term them war criminals at that time.

In 1991, AL's Amir Hossain Amu offered women seats in the JS and posts of ministers to Ali Ahsan Muhammad Mujahid for Jamaat and invited to form a coalition government, he noted.

When his reaction was sought ifany punishing judgment was passed by the ICT against him, Ghulam Azam said,"A 'Mumin' (believer) cannot fear anything or anybody except Almighty Allah,who decides about life and death."

If he was hanged in falseallegation, he would be martyred, he said, adding that if the people prevent it(trial and judgment), it will not be implemented.

If Bangladesh remains as an independent state, Islam will be established one day here; very Islam is the safeguard of the country's sovereignty; if Islam doesn't remain in the country,it will become a state of India, Ghulam Azam said and suggested the new generation to know the history.

The New Nation

Govt asked to explain mobile court legality

2011-12-03T19:10:00.000+06:00

The High Court on Wednesday (October 19, 2011) asked the authorities concerned to explain in four weeks why certain provisions of the Mobile Court Act 2009, including its operation by executive magistrates, should not be declared illegal.

Others provisions the authorities will need to explain are the legality of the provisions on prosecution, sentence or financial penalty, appeal and the government’s authority to extend or limit mobile court jurisdiction.
The court also stayed for four months the operation of the judgement delivered on September 14 by Rajuk’s magistrate Md Shahidul Islam that sentenced Md Kamruzzaman Khan, a real estate businessman, to 30 days in jail on charge of construction building in violation of the National Building Code.
The court also stayed for four months further proceedings in the appeal filed on September 18 against the executive magistrate order and the conviction. The appeal is now pending with the court of additional district magistrate (land requisition officer) under the district magistrate.
The government has also been asked to submit in four weeks the case records to the High Court.
The bench of Justice Mirza Hussain Haider and Justice Anwarul Haque passed the order after hearing a writ petition filed on October 11 by the Aesthetic Property Development Limited chairman, Kamruzzaman, who was remanded on bail on September 20, challenging the legality of some provisions of the Mobile Court Act and the subsequent judgement and convictions under the provisions.
The petitioner’s lawyer Hassan MS Azim told the court that the provisions were contrary to the general law and fundamental rights as guaranteed in the constitution.
Azim said that the Mobile Court Act 2009 was against the principles of the separation of the judiciary as it allowed executive and district magistrates, who are not holding any position in the judicial service, to be appointed mobile court judges.
He said that one of the basic features of the constitution was that the executive and district magistrates were appointed by the government from among people employed in the Bangladesh Civil Service (administration) which was under the direct control of the executive and not the judiciary.
The operation of mobile courts by executive magistrates is totally illegal and none but judicial officers should have the powers, especially the power to sentence a person, after the separation of the judiciary from the executive on November 1, 2007 in line with the Appellate Division’s 12-point directives delivered on December 2, 1999 in what is popularly known as Masder Hossain’s case, he added.
Azim also said that all activities of mobile court were directly controlled by the government as it had enacted the mobile court act, posted executive magistrates to the court and amended its jurisdiction incorporating more jurisdiction in dealing with offences.
Acting for the government, additional attorney general MK Rahman said that the court should have summarily rejected the writ petition as it had not been filed in a proper manner.
According to the High Court Division’s rule, any convicted person requires permission from the court before filing a writ petition but the law was not followed in this case, Rahman argued.
Rahman, however, did not argue on the merit of the writ petition.
At this point, the court heard former attorney general Mahmudul Islam, who suggested that the High Court’s rule will not apply to cases when fundamental rights of citizens are violated. The Supreme Court can do anything to enforce fundamental rights, he added.
The then military-controlled interim government, under pressure from the administrative cadre officials, promulgated the Mobile Courts Ordinance 2007 on October 29, 2007 making provisions for mobile court operation by executive magistrates to retain some of their judicial powers.
The ordinance stipulated that the mobile courts run by executive magistrates would have the power to hold on-the-spot trials of some specific offences and could only fine the offenders.
The present government, however, enacted the Mobile Court Act 2009 on October 6, 2009 empowering the mobile courts to sentence suspects for two years.
According to the act, the magistrate of a mobile can take cognisance of an offence committed in front of the magistrate.
The magistrate needs to frame the charge against the accused in writing and read it out to the accused with explanations and then ask the latter whether he admits to doing the crime.
If the accused admits, the magistrate can punish him on the spot on the basis of the admission and evidence after hearing witnesses.
If the accused does not confess to the crime, the magistrate needs to ask the police to record a first information report against the person, according to the law.
Legal experts and rights activists expressed their concerns about such provisions saying that punishing people by mobile courts run by executive magistrates denying the accused their right to self-defence was unconstitutional and a flagrant violation of human rights.
New Age

Tannery relocation faces further delay, Govt seeks 2 yrs more to set up central ETP

2011-12-03T16:46:00.001+06:00

The government has sought two more years from the High Court to set up a central Effluent Treatment Plant (ETP) in Savar and move the tanneries there from the capital.

The deadline to set up the central ETP and shift the environmentally hazardous tanneries from city's Hazaribagh ended on April 30 this year.
Before the deadline expired, the industries ministry filed a petition asking for two years' time to complete the job. The court is yet to fix any date for hearing of the petition.
Earlier, the government twice sought two years from the court for the relocation, but the court granted six months.
Rais Uddin Ahmed, counsel for the ministry, told The Daily Star that the government is sincere about setting up ETP and move the tanneries from Hazaribagh but so far it could not do this for lack of expertise.
There is no shortage of fund for the task, he said.
The HC in June 2009 asked the government to either shift all the tanneries from the capital to a special industrial zone in Savar or shut them by February 28, 2010, to check widespread pollution of environment.
It expressed frustration over industrial pollution, and observed that the government has not taken any step to prevent pollution by industries.
The directives came following writ petitions by Bangladesh Environment Lawyers' Association (Bela) and Human Rights and Peace for Bangladesh (HRPB).
On February 28 last year, the court extended the deadline by six months after a time petition by the government and the Tannery Owners' Association seeking two years' time to relocate the tanneries.
The HC bench of justices Mamtaz Uddin Ahmed and Naima Haider also directed them to inform the court every three months on the steps taken to move those.
Bela's counsel Iqbal Kabir Lytton said the government and the association are placing same statements before the HC for taking time to implement its directives.
They have done nothing to set up the ETP and relocate the tanneries, he added.
And as the government and the association keep taking time, the toxic waste from the tanneries continues to pollute the Buriganga posing serious threat to human health.
Locals allege they frequently require treatment for skin diseases, fever, cough, asthma and diabetes.
"We're trying our level best. But I'm not sure when they will be relocated," Mahbubur Rahman, project director of Savar Leather Estate of Bangladesh Small and Cottage Industries Corporation (BSCIC), told The Daily Star earlier. Rahman is responsible for the relocation.
The relocation process started nearly 10 years ago following an HC verdict in 2001. The government undertook a project to develop the leather estate at Harinbari in Savar at a cost of Tk 500 crore more than five years ago. The estate, however, remains unused and empty.
Daily StarJuly 3, 2011