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, since 23 June 2011,of Mr. Delwar Hossain, a 30-year–old salesman fromKolatola, Ward 3 of Shantinogor in Madaripur municipality. It is reported thathe disappeared after he was forcibly taken by Rapid Action Batalion (RAB)members. OMCT is gravely concerned because, todate, the whereabouts of Mr. Delwar Hossain remain unknown.

Accordingto the information received, on 23 June 2011 at around 9.30 pm, several individuals, whoidentified themselves with RAB identity cards, blindfolded Mr. Delwar Hossain andforced him into a microbus from the boat terminal of Gachbaria market atMostofapur, in Shodor Upazilla and took him to an unknown destination.Witnesses at the scene approached the alleged RAB members and asked for thereason of their action but, after being showed the RAB identity cards, theyrefrained from interfering in the situation.

Accordingto the same information, Mr. Delwar Hossain’s wife was informed by anacquaintance about the abduction and went, on the next day, 24 June 2011,to the Madaripur Police Station to file a General Diary (GD). However, thepolice officer reportedly refused to register it. She subsequently went to theMadaripur RAB head office but, there, the RAB members denied having arrested Mr.Delwar Hossain. Mr. Delwar Hossain’s sister also went to the Madaripur RAB headoffice after learning about the incident from local people. She was reportedlynot allowed to enter the office, and she was told by the RAB member guardingthe main door that nobody named Delwar Hossain had been arrested. On 25 September 2011, Mr. Delwar Hossain’s wife returned to the police in order to file acomplaint but she was again turned away.

Accordingto two Sub inspectors at Madaripur Police Station contacted by ODHIKAR duringits fact-finding mission, Mr. Delwar Hossain was also known as “Dyata Dacoit” anda warrant had been issued under that name in connection with criminal casescommitted in different areas. However, no further information was provided aboutwhether Mr. Delwar Hossain was indeed arrested under the aforementionedwarrant. One of the Sub inspectors also told ODHIKAR that, after Mr. Delwar Hossain’swife came to the police in June, he went to the spot to inquire but he found noevidence of the abduction by RAB members. The OMCT is gravely concerned that,to date, no effective investigation was carried out into the disappearance ofMr. Delwar Hossain by the competent authorities, all the more since the policerefused to register a GD (a precondition to launch a thorough investigation bythe police, including by informing other police stations).

The International Secretariat of OMCT is gravely concernedabout the safety of Mr. Delwar Hossain and fears that he wasvictim 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 calls on the competent authorities to ensure that an investigation intothe enforced disappearence of Mr. DelwarHossain 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 Mr. DelwarHossain;

ii. Guarantee, in all circumstances, thephysical and psychological integrity of Mr.Delwar Hossain;

iii. Grant Mr. Delwar Hossain prompt and unrestricted accessto a lawyer of his choice and his family, as well as guarantee that he isexamined 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. Delwar Hossain,in accordance with international human rights standards, the result of whichmust be made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions 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 October 2011

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