Enforceddisappearance/ Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation in Bangladesh.

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by ODHIKAR, a member ofOMCT SOS-Torture Network, about the alleged enforced disappearance, from the 15February 2011,of Mr. Mohammad Rafiqul Islam, a41-year–old salesman from Dakha Metropolitan City, Khulna, North Shahjahanpur. It is reported that he disappearedafter he was arrested by Rapid Action Batalion (RAB) members. OMCT is gravely concerned because to date thewhereabouts of Mr. Mohammad Rafiqul Islam remain unknown.

Accordingto the information collected by ODHIKAR, on 15 February 2011 at around 4pm, RABmembers, several dressed in plain clothes and others in uniform and riding inthree pickup vans, handcuffed Mr. Mohammad Rafiqul Islam near his workplace, located at 620 North Shahjahanpur in Dhaka Metropolitan City, and took him to an unknowndestination without giving any reason.

Accordingto the same information, on 15 February 2011, Mr. Mohammad Rafiqul Islam'sson-in-law Mr. Mohammad Shada Mia, and Mr. Mohammad Rafiqul Islam's employerMr. ASM Salem went to the RAB-3 Officelocated at Dhaka Metropolitan to look for Mr. Mohammad Rafiqul Islam. After failing to do so, theywent to the Motijheel Police Station to file a General Diary (GD), but thepolice refused to accept the GD because at first it was anallegation against RAB and they ask them to keep searching for a while beforefiling such GD. As Mr.Mohammad Rafiqul Islam didn't reappeared, Mr. Mohammad Shada Mia returned, on 22February 2011,to Motijheel Police Station and eventually filed a General Diary, numbered 1574and dated 22/02/2011. The aforementioned police reportedly informedall police stations about Mr. Mohammad Rafiqul Islam’s disappearance.

It isreported that RAB-3 Office's Commanding Officer and the Legal Media Wing of RABforces headquarters denied that RAB members arrested someone named MohammadRafiqul Islam, on 15 February 2011. But eyewitnesses opined that on 15February 2011,RAB members had picked up shopkeeper Mohammad Rafiqul Islam from 620, North Shahajanpur, in front of many people and inbroad daylight.

The International Secretariat of OMCT is gravely concernedabout the safety of Mr. Mohammad Rafiqul Islam and fears that hewas victim of an extra-judicial killing.

OMCTrecalls that the authorities in Bangladesh have to fulfil their obligationsunder international human rights law to protect the right to life and the rightnot to be subjected to torture or other cruel, inhuman or degrading treatmentor punishment. OMCT is furthermore gravely concerned that no effective investigationhad permitted until today to find Mr.Mohammad Rafiqul Islam.

Accordingly, OMCT calls on the competent authorities to ensure that theinvestigation into the enforced disappearence of Mr. Mohammad Rafiqul Islam is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rightsstandards, the result of which must be made public, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law.

Action requested

Pleasewrite to the authorities in Bangladesh urging them to:

i. Immediatelylocate and disclose the whereabouts of Mr. Mohammad Rafiqul Islam;

ii. Guarantee, in all circumstances,the physical and psychological integrity of Mr.Mohammad Rafiqul Islam;

iii. Grant Mr. Mohammad Rafiqul Islam prompt and unconditionalaccess to a lawyer of his choice and his family, as well as guarantee that heis examined by an independent doctor and receives adequate medical care, inaccordance, inter alia, the UN Standard Minimum Rules for the Treatment ofPrisoners;

iv. Order hisimmediate release in the absence of valid legal charges that are consistentwith international law and standards, or, if such charges exist, bring himbefore an impartial, independent and competent tribunal and guarantee hisprocedural rights at all times;

v. Carry out a prompt, effective, thorough, independent and impartial investigation into the enforced disappearenceof Mr. Mohammad Rafiqul Islam, in accordance with international human rights standards, the result ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

vi. Ensurethat an effective remedy, including the right to full redress with compensationbe granted to the victim concerned;

vii. Ensurethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards.

Addresses

Ø Ms. SheikhHasina, PrimeMinister, Office of the Prime Minister, Gona Bhaban, Old SangsadBhaban, Tejgaon, Dhaka, Bangladesh, Fax: + 880 2 8113243 Email: info@pmo.gov.bd ; pm@pmo.gov.bd

Ø Ms. Sahara Khatun, Ministryof Home Affairs, BangladeshSecretariat Building 4, Dhaka, Bangladesh Fax: +880 27169667 or +880 2 717 1611 Email: minister@mha.gov.bd

Ø Mr. Shafiq Ahmed, Ministryof Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Fax:+880 2 7168557 Email: minoflaw@bdonline.com, info@minlaw.gov.bd

Ø Dr. Dipu Moni, Ministryof Foreign Affairs, Honorable Minister, Dr. DipuMoni, Fax: + 880 2 9562188, Email:dirfe@mofa.gov.bd

Ø Mr. Abdus Sobhan Sikder, Secretary, Ministryof Home Affairs, Fax: + 8802 7164788, Email: secretary@mha.gov.bd

Ø Professor Dr. Mizanur Rahman, Chairman, National Human RightsCommission, Gulpheshan Plaza (Level-11), 8, Shahid Sangbadik SelinaParvin Sarak, Boro Magbazar, Dhaka-1217, Bangladesh. Fax: + 880 2 9137743. E-mail: nhrc.bd@gmail.com

Ø Mr. Mahbubey Alam, Attorney General for Bangladesh, AttorneyGeneral's Office, Supreme Court Premises, Dhaka, Bangladesh. Fax: + 880 2 9561568 E-mail: adv_mahbubey@yahoo.com

Ø Mr. Hasan MahmudKhandoker, InspectorGeneral of Police, Police Headquarters, Phoenix Road, Dhaka-1000,Bangladesh, Fax:+880 2 7125840 E-mail: ig@police.gov.bd

Ø Permanent Mission of the People’s Republic of Bangladesh to the UnitedNations in Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int

Please alsowrite to the embassies of Bangladeshin your respective country.

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Geneva,13 May 2011

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.