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 enforced disappearance, since 5 February2012, of Messrs. Al Mukaddas, 22years old from Khana Kuniary village (Pirojpur District), and Mohammad Waliullah, 23 years old fromWest Shoilo Jalia village (Jhalkathi District), both students at the IslamicUniversity, Kustia.

Accordingto the information received, on 5 February 2012 at approximately 1:00 am, Messrs.Al Mukaddas and Mohammad Waliullah were arrested by around eight members ofRAB-4 (Rapid Action Battalion[1]) andDetective Branch of Police (DBP) from Savar, while travelling on a bus fromDhaka to Kustia. In the vicinity of Nabinagar (Savar), a white microbusreportedly approached the bus and the aforementioned eight individuals inuniform entered the bus and forcefully took Messrs. Al Mukaddas and MohammadWaliullah. When the driver asked them where they were taking the twopassengers, a DBP member allegedly responded that there were charges againstthem and that they would be released after interrogation. The whereabouts andfate of Messrs. Al Mukaddas and Mohammad Waliullah have remained unknown sincethen.

Accordingto the same information received, Mr. Al Mukaddas’s uncle and Mr. MohammadWaliullah’s brother searched for them at different locations, including at thebus company, after being informed of their disappearance. They subsequentlyinquired about their fate at the RAB-4 office but they were reportedly toldthat nobody was arrested on 5 February 2012. They filed a General Diary atDarus Salam Police Station and Ashulia Police Station, in Dhaka (on 6 and 8February 2012). On 12 February 2012, they also filed a habeas corpus writ (writno. 1536/ 2012) to the Bench of Justice Abdul Awal and Justice Akram Hossain inthe High Court Division of the Supreme Court. On 15 February 2012, the Courtordered nine individuals, including the Secretary of the Ministry for HomeAffairs, Inspector General of Police (IPG), Director General (DG) of RAB andthe Deputy Commission (DC) of Detective Branch (DB) to provide an explanation onthe fate of Messrs. Al Mukaddas and Mohammad Waliullah within three weeks. However,three weeks later, the nine individuals reportedly informed the Court that theycould not gather information about the whereabouts of Messrs. Al Mukaddas andMohammad Waliullah. The Court subsequently requested them to provide the listof the calls made from the cell phones of Messrs. Al Mukaddas and MohammadWaliullah, but they allegedly only submitted a list of some numbers written byhand. The Court rejected the document and ordered them to submit the originalcall list on 14 April 2012. Since then, the nine individuals have failed toprovide the document.

The International Secretariat of OMCT is gravely concernedabout the safety of Messrs. Al Mukaddas and Mohammad Waliullah and urges the competent authorities of Bangladesh to immediately locate anddisclose their whereabouts. OMCTrecalls that the authorities in Bangladesh have to fulfil their obligationsunder international human rights law to protect the right to life, the right toliberty and security of a person and the right not to be subjected to tortureor other cruel, inhuman or degrading treatment or punishment.

OMCT also calls on the competent authorities to ensure that aninvestigation into the enforced disappearence of Messrs.Al Mukaddas and Mohammad Waliullah iscarried 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 Messrs. Al Mukaddas and MohammadWaliullah;

ii. Guarantee, in all circumstances,the physical and psychological integrity of Messrs. Al Mukaddas and Mohammad Waliullah;

iii. Grant Messrs. Al Mukaddas and Mohammad Waliullah prompt and unrestrictedaccess to a lawyer of their choice and their families, as well as guaranteethat they are examined by an independent doctor and receive adequate medicalcare, in accordance, inter alia, the UN Standard Minimum Rules for theTreatment of Prisoners;

iv. Order theirimmediate release in the absence of valid legal charges that are consistentwith international law and standards, or, if such charges exist, bring them beforean impartial, independent and competent tribunal and guarantee their proceduralrights at all times;

v. Carry out a prompt, effective, thorough, independent and impartial investigation into the enforceddisappearence of Messrs. Al Mukaddas andMohammad Waliullah, in accordance with international human rights standards,the result of which must be made public, in order to bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;

vi. Ensurethat an effective remedy, including the right to full redress with compensationbe granted to the victims 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. Sheikh Hasina, PrimeMinister, Office of the Prime Minister, Gona Bhaban, Old Sangsad Bhaban,Tejgaon, Dhaka, Bangladesh, Fax: +880 2 8113243, Email: info@pmo.gov.bd

Ø Ms. Sahara Khatun, Ministerfor Home Affairs, Ministry of Home Affairs, Bangladesh Secretariat Building 4,Dhaka, Bangladesh, Email: mediacell@homemin-bd.org

Ø Barrister Qamrul Islam,Minister for Law, Justice and Parliamentary Affairs, Ministry of Law, Justiceand Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Email: info@minlaw.gov.bd

Ø Mr.Hasan Mahmud Khandaker, Inspector General of Police, PoliceHeadquarters, Phoenix Road, Dhaka-1000, Bangladesh, Email : ig@police.gov.bd

Ø Ambassador Mr. AbdulHannan, Permanent Mission of the People’s Republic of Bangladesh to the UnitedNations in Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22738 46 16, E-mail: mission.bangladesh@ties.itu.int

Please alsowrite to the embassies of Bangladesh in your respective country.

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Geneva, 23May 2012

Kindly informus of any action undertaken quoting the code of this appeal in your reply.

[1] The Rapid Action Battalion (RAB) was established in 2004 as a force toassist the police in combating crime. It is made up of members of the armedforces and the police.