Mr. Tujammel remains in prison even though his sentence has expired

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

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and by Antenna International, a member of the SOS-Torture network, of the arbitrary detention in Bangladesh of one Indian citizen, Mr. Tujammel Hoque Bokul Tafajjul Hoque, 23 years old, resident of the village of Farajipara, in the district of Murshidabad (West Bengal).

According to the information received, Mr. Tujammel was arrested on 13 August 2007 by the Bangladesh Riffle personal (BDR) of Alaipur, Bagha police station, in the Rajshahi district. He was arrested for having illegally crossed the Indo-Bangladesh Border and entered into Bangladesh without any valid document. Mr. Tujammel was brought by the BDR personal to the police station of Bagha. The officers of the police station of Bagha reportedly filed a case entitled N° 11 dated 14 August 2007 against Mr. Tujammel on the basis of the section 4 of the Control of Entry Act 1952 of Bangladesh. Mr. Tujammel reportedly appeared before Md. Samsul Azom, the 1st Magistrate at the Rajshahi Court of Bangladesh.

On 2 October 2007, Mr. Tujammel, who reportedly pleaded guilty, was sentenced to one month imprisonment and a fine of 500 taka (TK) and in default of paying this fine, to another month imprisonment. The period of imprisonment he had already done was reportedly to be deducted from the sentence, so the period of imprisonment was supposed to end on 13 October 2007. Nevertheless, Mr. Tujammel reportedly remains detained at the Central Jail of Rajshahi.

Moreover, reports indicate that the conditions of his detention are very poor and could amount to inhuman treatment. M. Abdul Samad, the father in law of Mr. Tujammel, lodged a complaint to the High Commissioner of India, however reportedly without any result.

The International Secretariat of OMCT expresses its deep concern that Mr. Tujammel remains in prison even though his sentence has since expired. Moreover, OMCT is highly concerned about the reported harsh conditions of his detention. OMCT recalls to Bangladesh that according to article 6 1) of the International Covenant on Civil and Political Rights (ICCPR) to which it is a State party, “No one shall be arbitrarily deprived of his life.” OMCT also wishes to recall that Bangladesh was elected to the Human Rights Council in June 2006 for three years and that according to its voluntary pledges it affirmed its “deep commitment to the promotion and protection of human rights of all its citizens”.

Action requested

Please write to the authorities in Bangladesh urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Tujammel;
2. Immediately release M. Tujammel;
3. Order a thorough and impartial investigation into these events, notably into the circumstances of the extension of the detention of Mr. Tujammel, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to the victim;
5. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standard

Addresses

• M. Mohammad Ruhul Amin, Chief Justice, Supreme Court of Bangladesh, Supreme Court Building Ranna, Dhaka-1000 Bangladesh, Fax +880 2 9565058
• Permanent Mission of the People's Republic of Bangladesh to the United Nations in Geneva, 65 rue de Lausanne, 1202 Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int
• Embassy of the People’s Republic of Bangladesh in Brussels, 29-31 rue J. Jordaens, 1000 Brussels, Belgium, Fax: +32 2 646 59 98; Email: bdootbrussels@freegates.be

Please also write to the diplomatic representations of Bangladesh in your respective country.

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Geneva, 27 November 2007
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.