Arya News - Between 2001 and June 22 this year, there were at least 486 custodial deaths due to torture, according to Bangladesh human rights` rights organisation Odhikar.
DHAKA – More than a decade after the formulation of the Torture and Custodial Death (Prevention) Act, 2013, justice remains out of reach for the families of many victims of alleged custodial torture and deaths, with investigations stalled and court proceedings delayed.
Between 2001 and June 22 this year, there were 486 custodial deaths due to torture, according to the rights organisation Odhikar.
Around 50 cases have been filed under the Act over the past 13 to 14 years — and only one case resulted in conviction and jail sentence: the custodial death of Ishtiaque Hossain Jonny, a garment-waste trader from Dhaka’s Mirpur, 12 years ago.
ILLUSTRATION: THE DAILY STAR
On September 9, 2020, a Dhaka court sentenced three former officers of Pallabi Police Station — sub-inspector Zahidur, and assistant sub-inspectors Qamruzzaman Mintu and Rashedul Islam — to life imprisonment, and two others — Sumon and Russell — to seven years in jail.
After the appeal hearing, the High Court on August 11 last year upheld the life imprisonment of Zahidur (in jail) and Qamruzzaman (absconding), commuted Rashedul’s (in jail) life sentence to 10 years’ imprisonment, and acquitted police informant Russel, who had been sentenced to seven years in jail by the lower court.
Another police informer Sumon, who was sentenced to seven years, has already served his jail sentence.
Zahidur and Qamruzzaman were ordered to pay Tk 2 lakh each as compensation to Jonny’s family and deposit Tk 1 lakh each as a fine to the state, while Rashedul was ordered to pay Tk 25,000 as compensation to the victim’s family and deposit Tk 50,000 as a fine to the state.
“Even after six years since the trial court judgment, my family has not received a single taka as compensation,” said Imtiaz Hossain Rocky, Jonny’s brother.
With support from Bangladesh Legal Aid and Services Trust (BLAST), Rocky filed a leave-to-appeal petition with the Appellate Division challenging Russel’s acquittal — a move that has resulted in death threats against him.
In the early hours of August 24, Russel, along with his associate Nawshad, attempted to enter Rocky’s home by climbing onto the roof of a neighbouring house.
The incident was captured on CCTV and Rocky later filed a general diary with the police station concerned.
While Jonny’s family was able to continue their 12-year-long legal struggle thanks to support from BLAST, human rights activist Nur Khan Liton and journalists, most victims and their families refrain from filing complaints out of fear of intimidation and reprisals.
One such case is that of Sultana Jasmine, a 41-year-old land office employee from Naogaon who died two days after being detained by Rab on March 22, 2023.
Her maternal uncle, Md Nazmul Haque Mantu, earlier told The Daily Star that the family refrained from filing a case after receiving indirect threats.
More than three years later, no criminal case has been filed.
Supreme Court lawyer Manoj Kumar Bhowmick later filed a writ petition, prompting the High Court to issue a rule on April 5, 2023 asking why Jasmine’s detention without any pending case should not be declared illegal and unconstitutional and why action should not be taken against the RAB personnel involved.
The court also directed the cabinet secretary to form a high-powered probe committee.
Although the committee submitted its report in August 2023, the High Court termed it vague and unsatisfactory, saying it failed to explain the circumstances of Jasmine’s detention or provide specific findings.
Although the rule was fixed for hearing on November 29, 2024, it has yet to be heard after the reconstitution of the bench led by Justice Farah Mahbub.
Like Jasmine’s custodial death, several high-profile cases, including those of Rejaul Karim Reja and Limon Hossain, remain unresolved years after the incidents, highlighting persistent concerns over accountability within law enforcement agencies.
Rejaul Karim Reja, a 30-year-old apprentice lawyer in Barishal, died in police custody on January 3, 2021, four days after being arrested by the Detective Branch (DB) of police.
His family alleged that Kotwali Police Station refused to register a case because three DB personnel were implicated in the incident.
Rejaul’s father, Md Younus Munshi, later filed a murder case with a court against DB Sub-inspector Mohiuddin Mahi and two other officers, accusing them of torturing his son to death.
He also petitioned the High Court for a judicial inquiry. On March 3, 2021, the HC directed the chief metropolitan magistrate of Barishal to conduct an inquiry into the allegations. No significant progress has been made since then.
Expressing frustration over the delay, Younus said that political influence during the Awami League government’s tenure prevented his case from moving forward in both Barishal and the High Court.
The accused police officer remains free without facing any legal consequences. “Only Allah knows whether I will get justice for the murder of my son,” he added.
Another case that has remained unresolved for over a decade is that of Md Limon Hossain.
On March 23, 2011, a RAB-8 team led by then deputy assistant director Lutfor Rahman allegedly shot Limon in the left leg while he was bringing home his family’s pet calf from a field in Jhalakathi. His injured leg was later amputated.
RAB filed two cases against him the same day, accusing him of possessing illegal arms, obstructing law enforcers and attempting to murder them.
Limon’s mother filed a case against six RAB members on April 11, 2011. Rajapur police initially refused to register it despite a court order but later did so after a Jhalakathi court set a 48-hour deadline.
Following a writ petition, the High Court on February 1 issued a rule asking the government to explain why Limon’s detention, shooting and subsequent harassment should not be declared illegal and why he should not receive Tk 2.6 crore in compensation.
The court also directed the authorities to disclose the identities and whereabouts of the RAB personnel involved.
Qazi Zahed Iqbal, a Supreme Court lawyer for BLAST, recommended amending the law to establish an independent body to receive complaints and investigate allegations of custodial torture and deaths, removing police and other law enforcement agencies from the investigative process.
He also called for the introduction of a comprehensive witness protection law to safeguard victims and witnesses from intimidation and encourage them to pursue justice.
Torture, under international human rights standards, includes psychological abuse, verbal humiliation and other cruel, inhuman or degrading treatment, meaning the actual number of torture survivors is likely far higher than documented, said Odhikar Director Sazzad Hussain.
Despite repeated efforts to collect nationwide data, Odhikar found no centralised database on custodial torture cases within the police, the home ministry or the judiciary, he said.
Contacted, Attorney General Md Ruhul Quddus Kazal said, “My position is very clear: I want to see a Bangladesh where incidents of custodial torture or death do not occur at all. Why should anyone have to seek justice after being subjected to such abuse?”
If state institutions and law enforcement agencies carry out their duties lawfully, responsibly and with respect for human dignity, no one should need to file a case in the first place.
“The core issue is to ensure that no one is subjected to torture while in custody. Preventing custodial torture and deaths is the fundamental objective behind our efforts,” he said.