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Amnesty International Report
2!
"ollected #y #d$aw%ource&com
Assignment on
Human rights imposed in political violence
Collected by
BdLawSource.com
www.bdlawsource.com
Introduction
Human rights were severely restricted under a state of emergency imposed in the
wake of widespread political violence. Hundreds of thousands of people were
reportedly arrested on suspicion of criminal activity or breaches of emergency rules.
Torture continued to be widespread. Law enforcement agencies were implicated in
the deaths of more than 100 people in custody, but no one was held to account for
the deaths. At least si men were eecuted.
Background
!ollowing weeks of violent clashes between the supporters of the main political
parties, a state of emergency was declared on 11 "anuary. #lections scheduled for $$
"anuary were postponed until $00%. &resident 'a(uddin Ahmed appointed a new
caretaker government headed by !akhruddin Ahmed as )hief Adviser and supported
by the army, and the army was deployed with the police to maintain law and order.
The new government embarked on an anti*corruption programme, and took steps
towards (udicial and electoral reform, but the pace of reforms was disappointingly
slow. There were also widespread concerns both about the role of the army in the
country+s political life and about economic problems, including a sharp rise in the cost
of food and other essential goods.
The government announced that it had initiated the creation of a ,ational Human
-ights )ommission .,H-)/. The authorities were urged by Amnesty 'nternational to
ensure that the ,H-)+s mandate, independence and resources would enable it to be
an effective mechanism for strengthening human rights protection.
0ore than 10,000 slum dwellers were forcibly evicted when the government
demolished slums in 2haka, and also in )hittagong and 3hulna. They were given no
alternative accommodation or compensation.
)yclone 4idr which hit south*western areas in mid*,ovember caused severe
devastation to over a million people+s homes and livelihoods and killed more than
5,000 people.
State of emergency restrictions
#mergency rules restricted freedom of association and assembly, withdrew some
constitutional safeguards against arbitrary arrest and gave far*reaching powers of
arrest to law enforcement agencies. The ban on political meetings was partially lifted
in 4eptember to allow political parties to prepare for dialogue with the #lection
)ommission on electoral reforms. 0embers of parties supported by the authorities
were allowed to meet with no restrictions throughout the year.
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!air trial safeguards were weakened by the use of 4pecial )ourts which imposed tight
restrictions on defendants+ access to lawyers, and by the denial of bail to defendants
charged under emergency regulations.
olice and security forces ! torture and deaths in custody
The security forces, including army and paramilitary units deployed under emergency
rule with the police, committed human rights violations with impunity, including
torture and other ill*treatment and alleged etra(udicial eecutions. The police force
was inade6uately trained and e6uipped and lacked effective accountability and
oversight mechanisms. Army personnel accused of human rights violations remained
almost entirely outside the purview of civilian (udicial accountability mechanisms.
-ang Lai 0ro, a community leader in the )hittagong Hill Tracts, was arrested
on $5 !ebruary and allegedly tortured by army personnel. He re6uired
hospital treatment for his in(uries. He was charged with possession of arms
and reportedly sentenced to 10 years+ imprisonment. 'n 7ctober he was
reportedly taken back into police custody, beaten again, and once more
needed hospital treatment. There was no reported investigation into the
torture allegations.
4ahebullah was reportedly detained on 11 0ay by -apid Action 8attalion
.-A8/ personnel and tortured in the office of the director of the -a(shahi
0edical )ollege Hospital. 8oth his legs were reportedly broken. He was
arrested after demanding that a doctor attend to his wife, who had not been
treated for 1$ hours. 4he died the net day.
Law enforcement agencies were implicated in the deaths of more than 100
people in custody. ,o action was apparently taken to bring those responsible
to (ustice.
3habirul 'slam 2ulal, from )har !ashion 0unicipality in 8ohla district, was
arrested by navy personnel on $0 !ebruary. He was reportedly beaten, thrown
in a pond with his hands tied with rope, and beaten again. He died that
evening.
9aro indigenous leader )holesh -ichil died on 1% 0ay while in the custody of
"oint !orces .army and police/ personnel. There were strong indications that
he died under torture. Three other members of the 9aro community : Tohin
Hadima, &iren 4imsung and &rotap "ambila : were arrested at the same time
and reportedly tortured. The government set up a (udicial in6uiry into )holesh
-ichil+s death, but there was no news about it by the year+s end.
Arbitrary detention
According to media reports, officials stated that over ;;0,000 people were arrested
on various grounds during the year. 0any detainees were detained arbitrarily, initially
held under emergency rules, then served with a detention order under the 1<=;
4pecial &owers Act .4&A/. 4ome were then charged with politically motivated criminal
offences.
4ome people held under emergency rules were accused of >etortion? or other
criminal activity. 2etainees included over 110 politicians from the main political
parties, as well as some wealthy business people. A number of detainees held
without trial under emergency regulations or the 4&A were reportedly tortured or ill*
treated.
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4hahidul 'slam, a human rights activist, was charged with murder on the
basis of a >confession? by another detainee, 8adrul, in !ebruary. This charge
blocked the release of 4hahidul 'slam when his detention order under the 4&A
epired in late !ebruary. 8adrul retracted his original statement in court,
saying he had been forced to make it by police. However, the charge against
4hahidul 'slam was not dropped and he was reportedly tortured in detention
before being released on bail in late August.
!ollowing clashes in August between law enforcement agencies and students
in 2haka and -a(shahi demanding an end to the state of emergency, 10
university lecturers from 2haka and -a(shahi universities were detained. They
were prisoners of conscience. 2o@ens of students were also arrested, accused
of involvement in clashes. The si -a(shahi Aniversity lecturers were released
in 2ecember but the four 2haka Aniversity lecturers remained in detention.
"reedom of e#pression
Although wide*ranging emergency restrictions on the news media were not strictly
enforced, their continued eistence intensified self*censorship by (ournalists and
editors. "ournalists were threatened with arrest if they critici@ed intelligence agencies
or the army.
Arifur -ahman, a cartoonist, was arrested on 1= 4eptember over a cartoon
that used the name of the prophet 0uhammad, following threats by 'slamist
groups. He was charged with >hurting religious sentiments? and was a
prisoner of conscience. A 50*day detention order was issued against him
under the 4&A and etended for a further three months.
Human rights defenders
As in previous years, human rights defenders were sub(ected to arbitrary detention
and torture. Lawyers were allegedly threatened with arrest on corruption charges if
they took up high*profile cases.
&risoner of conscience Tasneem 3halil, a (ournalist who worked with the 2aily
4tar newspaper, ),, and Human -ights Batch, was detained on 11 0ay and
reportedly tortured because he had supplied information on human rights
violations.
&risoner of conscience "ahangir Alam Akash, (ournalist and local head of two
human rights organi@ations, was arrested on $; 7ctober by -A8 agents in the
north*western city of -a(shahi. He was reportedly given electric shocks, was
beaten on the soles of his feet with a stick, and was hung from the ceiling
with his hands tied. He was transferred to the -a(shahi "ail hospital with
multiple in(uries. His detention followed his television news report in 0ay
about the shooting of an unarmed man by -A8 agents. He was charged with
etortion, a charge widely believed to be false and politically motivated, and
held in detention for over a month before being released on bail.
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$ustice system
The government took steps to implement the 4upreme )ourt+s 1<<< ruling re6uiring
separation of the (udiciary from the eecutive, including amendments to relevant
laws. 7n 1 ,ovember the new system came into effect. However, reports indicated
that eecutive magistrates would retain some (udicial powers.
ast human rights abuses
2emands gathered momentum during the year for the investigation of war crimes,
crimes against humanity and other serious violations of human rights and
humanitarian law committed in 1<=1. However, as in the past, no action was taken
by the government to implement the 1<=5 'nternational )rimes .Tribunals/ Act and
no official commission was ever established to provide a comprehensive account of
the events of 1<=1, to determine responsibilities and to make recommendations for
reparation for the victims.
%iolence against women
Ciolence against women continued to be reported, including beatings, acid attacks
and dowry deaths.
'n 3ushtia district, in the month of "une alone, police and hospital records
reportedly revealed that at least 1< women committed suicide and 1D more
attempted suicide because of violence by their husbands or family members.
&eath penalty
At least <0 men and three women were sentenced to death, and at least si men
were eecuted.
Amnesty International visit'reports
An Amnesty 'nternational delegation visited 2haka, "essore and 3hulna in 0arch to
assess the impact of the state of emergency on the human rights situation.
The recent press reports from different parts of 8angladesh on the alleged
repression committed against the minority community, the Hindu community in
particular, is regrettable and anti*human rights. 'n the last three decades, human
rights abuses against the Hindu minority in 8angladesh have largely gone
unreported. 4adly, 8angladeshi nationalism has not been fully successful to
accommodate the Hindu minority with propriety. The continuance of the #nemy
&roperty .)ustody and -egistration/ 7rder '' of 1<1D of the then #ast &akistan
9overnment albeit, under a new name, for about thirty years in independent
8angladesh testified the deplorable trend. The infamous Cested &roperty Act was
repealed only early this year. 't is also unfortunate that the present Home 0inister,
despite admitting Esome incidentsE, had, in a wholesale manner termed the press
reports of repression on minority people eaggerated and unfounded.
'n todayEs world, multi*ethnic states are the norm. The traditional nation*state,
where a distinct national group corresponds to a territorial unit, has become an
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endangered species. 9lobali@ation and the increasing movement of people across
borders threaten to kill off the nation state once and for all. However, some myths
resist reality, and ma(ority or dominant cultures in countries around the world still
seek to impose their identity on other groups with whom they share a territory. The
4outh Asia is a stark reminder of this trend.
The state religion of 8angladesh, as incorporated in the )onstitution of 8angladesh
by the former dictator cum &resident H.0. #rshad, is 'slam. The purpose was to
cash in religion for heinous political gains. About %= per cent of the population of
8angladesh is 0uslim. However, the minority Hindus, 8uddhists and )hristians have
the right to practice their religious beliefs. Article $A of the )onstitution of
8angladesh clearly states that, FGHIother religions may be practiced in peace and
harmony in the -epublic.F
(he "inish approach
...
Although no country has a perfect record on minority rights, a country like !inland
for eample has worked hard to implement legislation in order to promote good
ethnic relations among its population. The 4wedish*speaking !inns are the largest
minority in !inland at D.=1 per cent of the population. The status of the 4wedish*
speaking !inns is eceptional compared to that of other national minorities, due to
the fact that 4wedish is, in addition to !innish, an official language of !inland. 'n
recent years, the 9overnment has redoubled its efforts to settle the 6uestion of land
ownership by the 4ami, the indigenous people of !inland. !innish, 4wedish or the
4ami language is taught as the mother tongue of the student, and under the new
legislation, children who reside in !inland permanently, thus including immigrant
children, have both the duty and the right to go to comprehensive school.
International standards and monitoring
...
'n 1<<$, the 9eneral Assembly adopted the 2eclaration on the -ights of &ersons
8elonging to ,ational or #thnic, -eligious and Linguistic 0inorities. As the only
Anited ,ations instrument that specifically addressed the special rights of
minorities, the 2eclaration can be viewed as a point of reference for the
international community. 't includes a list of rights that minorities are entitled to,
including the right to en(oy their own culture without interference, and the right to
participate effectively in decisions at the national level, among others. 4tates are
re6uested to take measures in the field of education in order to encourage
knowledge of the history, traditions, language and culture of minorities eisting
within their territories. Also, 4tates are asked to implement national policies and
programmes with due regard for minority interests.
0ultilateral monitoring of the compliance of states to their international
commitments with regard to protecting minority rights has increased transparency.
Bithin the Anited ,ations system, this responsibility is shared by the )ommission
on Human -ights, the 4ub*)ommission on the &revention of 2iscrimination and
&rotection of 0inorities, the )ommittee on #conomic, 4ocial and )ultural -ights, and
the )ommittee on the #limination of -acial 2iscrimination. A Borking 9roup on
0inorities has also been established in order to review the promotion and practical
reali@ation of the 2eclaration. 't serves as the focal point of the Anited ,ations in
the field of minority protection and is the main forum for constructive dialogue on
the treatment of minorities by 9overnments.
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Although all of the above mentioned bodies are integral to the promotion of minority
rights, it is the reports submitted on behalf of the 4tate parties to the 'nternational
)onvention on the #limination of all !orms of -acial 2iscrimination that provide an
overview of the status of minorities within a specific country. The )ommittee on the
#limination of -acial 2iscrimination .)#-2/ meets twice a year to review 4tate party
reports as well as shadow reports submitted by ,97s. 'n etreme cases, the
)ommittee implements early warning measures to assist 9overnments to prevent
problems from escalating into conflicts and identify cases where there is a lack of an
ade6uate legislative basis for defining and criminali@ing all forms of racial
discrimination.
)hat needs to be done at national level*
,o matter how effective international mechanisms might be, and they are far from
being sufficiently so at present, there is no
substitute for a concerted domestic initiative of implementing national obligations
towards these rights guaranteed internationally. The implementation and compliance
with international human rights treaties and standards are ultimately national issues
a reality, which is often lost in the midst of rapid internationalisation of human
rights. 9ood governance plays a vital role in involving minorities in societies and
protecting their rights and interests. Through recognition, dialogue, and
participation, all the citi@ens of a diverse society can form a greater understanding
of one anotherEs concerns. The media and education have important roles to play in
this regard, as do political representatives and community leaders.
7ther positives action taken by 4tates includeJ legislative measures that introduce
higher maimum penalties for racially motivated crimesK the use of ethnic
monitoring to ascertain the number of persons of particular ethnic and national
origin in various kinds of employment and the setting of targets to increase the
employment of persons of minority origins in fields where they were under*
representedK the establishment of new advisory bodies on matters relevant to
combating racism and intolerance, including the launching and implementation
public awareness campaigns intended to prevent racial discrimination and increase
toleranceK and the establishment of human rights institutions and ombudspersons
for ethnic and racial e6uality.
Bhat is happening in some parts of 8angladesh against the backdrop of peaceful
parliamentary election of 7ctober 1, $001, is not conducive to the growth of liberal
democracy. The government, different political, social organisations and all
concerned to come forward to resolve the problem. The government should ensure
secure rehabilitation of the affected persons by providing them ade6uate
compensation, publish reports of the incidents traced out by the government as well
as taking legal actions against the offenders. 0embers of the society including
students, teachers, social workers and scholars to take long term initiatives to
strengthen communal harmony in the country. Tendency to make the minority
people scapegoats for political belief must be resisted.
4tate authorities need to ensure that minorities en(oy the fundamental right to
e6uality, both in written legislation and in society at large. The roles of local
government, civic organi@ations and ,97s are important in this respect. &olice,
prosecutors and (udges need to be more aware of what constitutes racial
discrimination and racially motivated crimes and in some cases, changing the
composition of police forces to better reflect the multi*ethnic communities they
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serve may be appropriate. 't is also incumbent upon minorities to integrate
themselves into their communities. 7ther recommendations include monitoring hate
speech, promoting empowerment through education, and ensuring ade6uate
housing and access to health care.
Human +ights are for everyone
...
&olitically motivated statements and multifarious propaganda are spreading
misconception about the oppression and leading the crisis towards a complicated
ending instead of towards a fair solution. Bhatever might be the etent of the
incidents, it was clear that there was oppression on the minorities and that should
be stopped immediately. All concerned should also bear in mind that a single
instance of act of terrorism is enough to panic the people of a whole community, at
least, psychologically. The Hindu minority has little effective leadership. 'ts only
response to the situation has been to vote with its feet. The divisive and
conservative approach of the community leaders, in fact, contributes to the growth
of mutual disbelief and hatred.
The mere holding of periodic elections is not the only yardstick of measuring
democracy or health of a society. -eligious intolerance can alone destroy the fabric
of harmony from the society. Any society that claims itself as democratic should
have no place for communalism. As a new century begins, each segment of our
society needs to ask itself certain 6uestions. 's it sufficiently inclusiveL 's it non*
discriminatoryL Are its norms of behaviour based on the principles enshrined in the
Aniversal 2eclaration of Human -ightsL -acism, racial discrimination, enophobia
and all kinds of related intolerance have not gone away. They very much persist in
the new century and that their persistence is rooted in fearJ fear of what is
different, fear of the other, fear of the loss of personal security. And while it is
recogni@ed that human fear is in itself ineradicable, it is also maintained that its
conse6uences are not ineradicable.
Source of information, Anited ,ationsK Law Batch, A )entre for 4tudies on Human
-ights LawK Anited ,ations 7ffice of the High )ommissioner for Human -ights
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