Home Videos Photos News & media Blogs Contact    
News and Articals

Where is justice? Golam Mortuza, in fear of assassination!

Edit Date:11/11/2010 12:00:00 AM

 

 

 

 

 


 

 

                                   

 

 

                                        

                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         Mortuza’s parents are looking to the way of their beloved son

Content

 

 

 

  Page

 

Image reflection……………………………………………………….. 03

Map of Dhaka, Bangladesh…………………………………………….. 04

Introduction……………………………………………………………. 05

Concern of the Human Rights Organizations………………………….. 06

Incident of arresting……………………………………………………. 06

Who is Golam Mortuza…………………………………………………. 07

Police didn’t file GD……………………………………………………. 07

Searching in the offices of Law enforcing agencies……………… …… 07

At last, GD lodged in Paltan Police Station……………………………. 08

Writ petition in the High Court Division………………………………… 08

Violation of Fundamental Rights…………………………………..…… 08

Recommendations………………………………………………… …… 10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                         

       
 
   
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Map of Dhaka, capital city of Bangladesh

 

 

 

 

 

 

 

 

 

 

 

Introduction

 

Human rights situation in Bangladesh has been worsening day by day and this is very alarming as to a significant stage the rights are being violated by the state itself. From bureaucracy to professionals, public procurement to conducting of public examination, politicization and criminalization are going rampantly everywhere. Various institutions are objected to malfunctioning at political will causing further deterioration of institutionalization contrary to the good governance and a healthy culture. Lax law enforcement panics people.

 

 

 

The following statistics is giving a rough idea of the human rights violation of last six months

 

Statistics of Human Rights violations

January 01-June30'2010

 

Human Rights Violation

 

 

Total number of victims

 

Extrajudicial

killing

 

61

Journalist

Injured

 

52

Killed due to

political

violence

 

113

 

TV channel closed

 

02

Daily newspaper closed

01

Politically motivated mass arrest

2000 (around)

Rape

291

Dowry violence

163

Acid violence

63

Table:1[1]

 

 

 

 

 

 

 

 

 

Concern of the Human Rights Organizations

 

Many national and international Human Rights Organizations showed their concerns as to the recent human rights status in Bangladesh such as:

 

1. Amnesty International released a public statement headed by “BANGLADESH: POLITICALLY MOTIVATED ARBITRARY ARRESTS HAMPER IMPARTIAL INVESTIGATION OF CAMPUS VIOLENCE.”

 

The said statement contains that, “The government of Bangladesh must refrain from arbitrary mass arrests, which appear to have been directed only at the opposition student activists. Criminal investigations must be impartial, regardless of the suspect’s political affiliation or party membership..................................”[2]

2. In another report published on their website, Amnesty International claimed that, Bangladeshi security forces used excessive force during raid.[3] In this report, Amnesty accused specially the Bangladesh Rapid Action Battalion (RAB) for their violent attack.

3. Human Rights Watch also expresses anxiety about ongoing human rights condition of Bangladesh. It stated, “Bangladesh authorities violated both freedom of expression and due process of law”. The organization called upon the government of Bangladesh to ensure impartial investigation to be conducted into allegation.[4]

 

 

Golam Mortuza, in fear of assassination!

 

 

Incident of arresting:

Golam Mortuza, the cultural and social welfare secretary of Bangladesh Islami Chhatrashibir has been arrested and then concealed by DB Police of Bangladesh.[5] In the evening of the last 14th  of July, he was going from Paltan to his residence at Kolabagan, Dhaka by motor bike with one of his friends Abdullah Sabit. They said the Magrib Prayer near to Ravindra Sarobor, Dhanmandi. After saying prayer while they attempted to ride on bike, a group of 6/7 members of people wearing plain cloth enclosed Mortuza and arrested him. The obscure persons almost threw him into their microbus. Sabit, the friend of Mortuza tried to know the identity of those unknown persons and the number of their microbus but they debarred him from doing so and threatened him to arrest. Therefore, Sabit couldn’t succeed to know detail of them but he saw the word ‘DB’ written on the back side of that microbus.[6] It’s worth mentioning here that, several days after publishing the “abduction” news of Mortuza, Sabit was arrested by RAB as he was the only eyewitness of that incident. The drive of thrusting away Mrutoza inside the microbus was ‘abduction’ as no one was identified. However, different news was published in the national dailies that Mortuza had been arrest by the law enforcing agencies. It is not clear why he was been taken to custody without disclosing him as ‘arrestee’.

 

Who is Golam Mortuza

 

Golam Mortuza is a meritorious student. He is the 6th son of Mr. Abdul Latif and Mrs. Gulnahar. His home is situated in Bamandighi, Charghat, Rajshahi. He passed successfully his B.Sc. (Hon), and M.Sc (Geology) from Rajshahi Govt. College in 2007. In 2008 he came to Dhaka and got admitted himself in LLB course. Beside searching a job in Dhaka, he is also engaged in Bangladesh Islamic Chhatrashibir and awarded the post of Culture and Social welfare secretary of the organization. He resides in Kolabagan, Dhanmondi.

 

Police didn’t file GD

Elder brother of Golam Mortuza, Lecturer Abu Kawser Mohammad Samsuzzaman came from his village to Dhaka and tried to lodge a GD in Dhanmondi police station. But the duty officer refused him and the OC of that station threatened him over telephone saying “ you’re a  Shibir man.”[7]

 

 

Searching in the offices of Law enforcing agencies

On 15th of  July another friend of Mortuza named Alamgir Hossain went to DB office  at Minto Road. He asked the duty officer about Mortuza. He informed Alamgir that, Mortuza has already been produced before the Court. But, on that day, after day-long waiting in the Metropolitan Magistrate Court, Alagmir didn’t get any person named Mortuza produced before the Court. On that evening, he went again to DB office in order to be informed about Mortuza. But, this time, the duty officer said him that, no person of such name has ever been arrested by DB. Later on, the friends of Mortuza searched him in the office of RAB-1, CID and SB but no office could confirm whereabouts of Mortuza![8]

 

 

 

At last, GD lodged in Paltan Police Station

On 16 July, Samsuzzaman, brother of Mortuza became successful at least to lodge a G.D.[9] in Paltan Model Police Station of DMP.

 

Writ petition in the High Court Division

On 18 July Samsuzzaman, brother of Mortuza , being  the petitioner, filed a Habeas Corpus writ petition[10] in the High Court Division of Bangladesh Supreme Court. The Bench of the HCD issued Rule Nisi upon respondents (the Home Secretary, IGP, DMP Commissioner, DG of RAB, DC of DB, District Magistrate of Dhaka and CMM of Dhaka as to show why Mortuza shall not be brought before the HCD so that it may satisfy itself that he is not being held in the custody without lawful authority or in an unlawful manner. The HCD ordered respondent to produce Mortuza before the Court within 7 days. Moreover, the court asked the respondents why Mortuza was arrested without legal basis.[11]

 

 

Violation of Fundamental Rights

This incident indicates the serious scenario of falling ‘rule of law’ in Bangladesh. Some very basic points are mentioned here to be considered:

 

1. The Republic is bound to ensure security and safety of life and property of every citizen. Furthermore, it has responsibility to ensure citizens’ fundamental rights guaranteed by the Constitution. But, by detaining Mortuza without any due process of law, Govt. has grossly violated his fundamental rights. The Universal Declaration of Human Rights, 1948 prohibits Govt. from arbitrary arresting with its clear-cut text as it includes: “No one shall be subjected to arbitrary arrest, detention or exile.”[12]

 

2. Article 31 of the Constitution of People’s Republic of Bangladesh says that, “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”[13] On the other hand, another Article of the Constitution incorporates, “No person shall be deprived of life or personal liberty save in accordance with law.”[14]

 

But, the Govt. violated these two Articles of the constitution of Bangladesh  Constitution by depriving Mortuza from enjoying the protection of law and to be treated in accordance with law that are announced in our sacred Constitution as ‘inalienable right’[15] of every detainee.

 

3. The law enforcing agencies detained him without any warrant of arrest. They didn’t inform the ground for arrest, didn’t produce him before the nearest Magistrate Court till now and didn’t get chance to consult with any lawyer which is the clear violation of Article 33[16] of the Constitution of Bangladesh.

 

4. One of the beauties of Democracy is that, freedom of association and that of thought and conscience are guaranteed here. Our Constitution also incorporated these features in the list of fundamental rights.[17] On the basis of these rights, many political organizations get flourished in the open and peaceful environment of Democracy abiding by the rules of this land. But, the incumbent government has started destroying the democratic values and rights by country-wide mass arrest and repression against the organization of the detainee, Mortuza. It’s evident from the statements of Responsible persons of this Govt. that they are trying to wipe out the party of detainee and its supporters undemocratically and unlawfully so that the party cannot exercise its democratic rights in this country. As a part of that malafide intention, Mortuza was arrested and detained which is unlawful and illegal. Such practice of ‘state-violence’ may lead a country to serious anarchy.[18]

 

5. It’s concern to be frightened that, the law enforcing agencies didn’t produce Mortuza before the Court till now and they pretended not to know anything about Mortuza. But, very recently, a lead report has been published in the Daily Amader Shomoy that said: The supporters of Shibir are preparing themselves to revenge against the recent arrest of the top leaders of Jamaat. That news mentioned also that, the law enforcing agencies had got that information from the arrested Shibir Leader Golam Mortuza who was in their custody.[19] On the following days, the newspaper ‘Amader Shomoy’ didn’t publish any news marking the said news as ‘rejoinder’.  Even from the law enforcing entities it was not claimed that the published report was false and baseless. So, it’s evident that, Mortuza must be in the custody of any law enforcing agency but they are not disclosing it. But what reason might exist behind it? Is there any malicious intention? Any assassination as his family fears of?[20]

 

6. If the Govt. knows nothing about Mortuza, it’s the duty of the government to trace him. Article 32 of our Constitution guaranteed the right of life. The Universal Declaration of Human Rights 1948 incorporated a provision that says: Everyone has the right to life, liberty and security of person.[21] It’s pertinent to point out here that, the constitution of Bangladesh pledges[22] to respect the International Laws and moreover Bangladesh has signed the Universal Declaration of Human Rights. So, government of Bangladesh cannot ignore its liability to find out the abducted citizen as the state is signatory to the declaration. But, in case of Mortuza, silence response of the incumbent government is worrying as it may happen to any citizen at any time. Besides it is a matter of deep concern as any ruling party could move to demolish opposition voice by practicing this ‘abduction’ culture in future.  

 

 

7. It has already been mentioned that, immediately after being lost, elder brother of Mortuza tried to lodge a GD in Dhanmondi Police Station of DMP. But, the police authority refused to file that GD and threatened him arbitrarily to arrest. It made the human rights activists anxious as the role of the law enforcing official is strikingly contrary to the Article 6 of the Universal Declaration of Human Rights which upholds that, “Everyone has the right to recognition everywhere as a person before the law”. Besides, the Constitution of Bangladesh also incorporates in the Article 31 “right to protection of law” as fundamental right with supreme sanction. It is a matter of grave concern as it leaves no space for a citizen to take the shelter of the law. Moreover, the role of the law enforcing office is frustrating as it noticeably make the citizen loss faith on the rule of law and order.

 

8. State is an organization that tries its best to ensure the maximum security and safety of its people. But, when the ruling party of that state becomes indifferent to its basic work and engages itself in the repression of its oppositions, then the activity of that state can best be termed as “State terrorism”. This type of terrorism is defined as a system of political domination based on the spreading of terror in society. It is characterized by a systematic and massive criminally repressive policy, implemented by the State agencies. The current political situation of Bangladesh is nothing else but the full reflection of ‘state-terrorism.’

 

 

 

 

 

 

 

 

Recommendations:

To the government

1. Bangladesh is a state party to various International laws. These laws require Bangladesh obeying the provisions contained in them. Such as, Bangladesh is a state party to both the Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and to the International Covenant on Civil and Political Rights (ICCPR). Under CAT, the Bangladesh government must ensure that any person who alleges he has been subject to torture has the right "to complain to and to have his case promptly and impartially examined by competent authorities." Under article 14 of the ICCPR, the Bangladesh government must ensure a fair and public trial for anyone charged with a criminal offense, and such a trial must take place "without undue delay." ICCPR also requires Bangladesh to protect freedom of expression.[23]

2. The government of Bangladesh should ensure a fair and independent investigation into all the charges against any citizen as well as his serious allegations of torture. The government also needs to make clear to its security forces that the era of torture with impunity is over. Any criminal offence should be tried through the criminal justice system; it must not be punished by security forces outside of the due process of law.

3. In the serious human rights violation case like that of Golam Mortuza, Govt. should take positive step very soon. Murtaza should be produce before the Court immediately by the concerned law enforcing agency within whose custody he is detained.

4. A son is the hope and future mentor of a family. Like all other parents, Mr. Abdul Latif and Mrs. Gulnahar are very much anxious for their beloved son Mortuza. The feeling of Mortuza’s parent has been expressed in their statement as they said in a press conference that, “We hoped our son would be the last. But the saga of un-judicial arrest of students and public, mass arrest and harassment has not stopped yet. Our urge to all the legal bodies and the people behind them, close your eyes and put your son at the place of ours or those of the oppressed and you will listen the roar of the bereaved hearts. We hope not the same hapens to you, but request you to do anything and everything possible that may bring a little peace to us, the bereaved ones.”[24]

 

 

 

 

 

 

International cooperation

1.      Ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

2.      Accede to the Optional Protocol to the UN Convention against Torture and other cruel, Inhuman or Degrading Treatment or Punishment.

3.      Accede to the Optional Protocol and Second Optional Protocol to the International covenant on Civil and Political Rights



[1] Odhikar six-monthly report and daily news papers of Bangladesh

[2] Amnesty International public statement, 23 February 2010, For immediate release, AI Index: ASA 13/005/2010

[3] Published on the official website of Amnesty International, www.amnesty.org dated 1 July, 2010

[4] Human Right Watch on its official website www.hrw.org on July 7, 2010

[5] 16 July, the Daily Sangram, 18 July, the daily Khabarpatra

[6] The daily Amar Desh, 25 July

[7] The daily Amar Desh, 25 July

[8] The Daily Amar Desh, 25 July

[9] GD no. 1028 dated 16 July 2010, Paltan Police Station, DMP

[10] Writ petition no. 5660 of 2010

[11] The Daily Sangram, 22 July

[12] Article 9, Universal Declaration of Human Rights, 1948

[13] Article 31, the Constitution of the People’s Republic of Bangladesh

[14] Article 32, the Constitution of the People’s Republic of Bangladesh

[15] Article 31, the Constitution of the People’s Republic of Bangladesh

[16] The said Article says: (1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

[17] Article 38 and 39 of our Constitutioon guaranteed them with supreme sanction.

[18] The Daily Sangram, 16 July, page no. 12

[19] The Daily Amader Shomoy, 24 July, Page: 1

[20] The Daily Kaler Kantho, 24 July, Page: 2

[21] Article 3, Universal Declaration of Human Rights, 1948

[22] Artilce 25, the Constitution of the People’s Republic of Bangladesh

[23] Article 19 of ICCPR

[24] July 18, The daily Khabor Patra, Page: 8; July 25, the daily Amar Desh, Page: 1; July 24, the Daily Sangram, Page: 12

Terms & Conditions © Copy right by Awami Brutality 2010