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Case study
Disappearence of Mohammad Chowdhury Alam
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Human Chain and procession claiming Alam to be produced before the court.
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Map of Dhaka, capital city of Bangladesh

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Contents

Topic Page
Imag Reflection 1
Map of Dhaka, capital city of Bangladesh
Introduction 3
Concern of international human rights organizations
Who is Chowdhury Alam? 3
How He Went Missing? 4
Previous Attempt to Arrest: 4
Actions taken to get remedy: 4
Taking Back of the Writ: 5
Is he arrested or abducted? 5
Violation of Constitutional and fundamental human rights: 5
Supreme Court’s Questioned Role: 6
Lawlessness Situation: 7
Statements of BNP Leaders: 7

Introduction

Human rights situation in Bangladesh has been worsening day by day and this is very
alarming as to a significant stage the rights are being violated by the state itself. From
bureaucracy to professionals, public procurement to conducting of public examination,
politicization and criminalization are going rampantly everywhere. Various institutions
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are objected to malfunctioning at political will causing further deterioration of

institutionalization contrary to the good governance and a healthy culture. Lax law
enforcement panics people.

The following statistics is giving a rough idea of the human rights violation of last
six months

Statistics of Human Rights violations

January 01-June30'2010

Human Rights Violation Total number of victims

Extrajudicial 61
killing

Journalist 52
Injured

Killed due to 113

political
violence

TV channel closed 02

Daily newspaper closed 01

Politically motivated mass arrest 2000 (around)
Rape 291
Dowry violence 163
Acid violence 63
Table:11

Concern of the Human Rights Organizations

Many national and international Human Rights Organizations showed their concerns as
to the recent human rights status in Bangladesh such as:

1. Amnesty International released a public statement headed by “BANGLADESH:

POLITICALLY MOTIVATED ARBITRARY ARRESTS HAMPER IMPARTIAL
INVESTIGATION OF CAMPUS VIOLENCE.”

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Odhikar six-monthly report and daily news papers of Bangladesh
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The said statement contains that, “The government of Bangladesh must refrain from
arbitrary mass arrests, which appear to have been directed only at the opposition student
activists. Criminal investigations must be impartial, regardless of the suspect’s political
affiliation or party membership..................................”2

2. In another report published on their website, Amnesty International claimed that,

Bangladeshi security forces used excessive force during raid.3 In this report,
Amnesty accused specially the Bangladesh Rapid Action Battalion (RAB) for their
violent attack.

3. Human Rights Watch also expresses anxiety about ongoing human rights condition of
Bangladesh. It stated, “Bangladesh authorities violated both freedom of expression
and due process of law”. The organization called upon the government of
Bangladesh to ensure impartial investigation to be conducted into allegation.4

Chowdhury Alam’s disappearence

In present time, serious violation of fundamental rights due to deteriorated law and order
situation frustrates the people of Bangladesh. People are much unsecured. Law enforcing
agencies are very partial. Even in some cases, the role of the Supreme Court is in
questioned. A burning example is the event of missing of Chowdhury Alam, a Ward
Councillor of Dhaka City Corporation.

Who is Chowdhury Alam?

Mohammad Chowdhury Alam (66), Councilor of 56 number ward of Dhaka City
Corporation and a resident of 315/C Khilgaon, was abducted from in front of Metro
Garden on 75, Indira road on June 25, 2010. The family alleges that he was taken away
in a micro-bus, by 7/8 men who dressed in plain clothes and identified themselves as law
enforcement officers.

Chowdhury Alam

2
Amnesty International public statement, 23 February 2010, For immediate release,
AI Index: ASA 13/005/2010
3
Published on the official website of Amnesty International, www.amnesty.org dated
1 July, 2010
4
Human Right Watch on its official website www.hrw.org on July 7, 2010
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He is the ward councillor of Ward no. 56 of Dhaka City Corporation. He is also the
president of the Romna Thana BNP and central leader of BNP as well. Chowdhury Alam
was also a member of BNP national executive committee. It was expected that he would
play an important role in the upcoming City Corporation election.

How He Went Missing?

However, in 25 June, 2010, Chowdhury Alam went missing, approximately around 8.00
to 9.00 pm, from Farmgate area (Indira Road). Six to seven people on two vehicles
stopped the car carrying DCC councillor and BNP leader Chowdhury Alam on Indira
Road and took him away in the car leaving the driver behind on June 25. Alam was
picked up when he was traveling on his sister's car and driver Asim Bhowmik is the only
witness of the incident. Asim said from the attitude and physical structure of the men he
had assumed Alam was picked up by plainclothes policemen. Alam was on way to
Dhanmondi from Khilgaon. He was using his sister's car to avoid arrest and he asked the
driver to take Indira Road when he sensed that he was being followed. The car was found
abandoned in West Tejturibazar, around one kilometer of the scene, after around 11 hours
but the Dhaka City Corporation councillor still remains missing.5

Previous Attempt to Arrest:

Before that, Chowdhury Alam was attempted to be arrested by Rapid Action Battalion
(RAB) on 20th June, 2010. A General Diary (GD) was filed in the Gulshan Thana
regarding an attempt of RAB personnel to arrest Chowdhury Alam. In that GD it is
mentioned that a RAB team, leaded by ASI named Billal Hossain working in the
intelligence unit of RAB Head Quarter. Chowdhury Alam was exempted from arrest for
that time. That Billal Hossain was captured by police and later on released by
interference of the Superior Officer of RAB. 6

Actions taken to get remedy:

FIR and GD: Alam’s Family filed a case with Sher-e-Bangla Police Station on June 26
in connection with abduction Chowdhury Alam and a general diary with Tejgaon Police
Station regarding recovery of the car. Alam’s family filed the case accusing unknown
people as police refused to record their statement that law enforcers have picked up
Alam.

Writ Petition: Alam’s son Sayeed also filed a writ before the High Court on July 4
claiming that law enforcers had picked up his father and seeking an order to haul him
before the court immediately.

Court’s Refusal to Issue Rule: But on July 7, the petition's bench refused to issue a rule
on the government for an explanation in this regard.

Taking Back of the Writ:

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The Daily Star, Published On: 2010-07-13
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ibid
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The counsel for Chowdhury Alam on Wednesday took back the writ petition that
challenged Alam’s detention from the High Court bench. Counsel Barrister Moudud
Ahmed took back the petition from the bench of Justice AHM Shamsuddin Chowdhury
Manik and Justice Sheikh Md Zakir Hossain.

Is he arrested or abducted?
Alam’s family claims that he has been arrested by plainclothes policemen because he was
being followed by law enforcers as they had made several attempts to pick him up before
June 25. But this claim is being rejected by Rapid Action Battalion (Rab), Dhaka
Metropolitan Police (DMP) and Detective Branch (DB). They demand that it is
abduction. Whatever be the fact, Chowdhury Alam has either been assassinated or killed
under the custody of the law enforcers. What is the aftermath thereof?

Violation of Constitutional and fundamental human rights:

Through this, it is proved that the fundamental human rights of the people are not
secured. If Chowdhury Alam has been arrested by the law enforcers then there is no legal
or moral justification of this arrest. According to the UDHR 7 states that all human being
are born free and everyone has the right to life, liberty and security of person. This kind
of arrest is prohibited where the arrestee is not accused of any offence created by the law
for the time being in force. This kind arrest is also against Article 32 of the Constitution
of Bangladesh which states,
“No person shall be deprived of life or personal liberty save in accordance with
law.”

Furthermore, if any person is arrested by the police under section 54 of Code of Criminal
Procedure (CrPC), the arresting police personnel must disclose his identity and relatives
of the person so arrested must be informed about the arrest immediately 8 . The arrestors
did nothing of the above.

Again, both Article 13 of the UDHR and also Article 36 of the Constitution of
Bangladesh recognize right to freedom of movement of the citizens. As a citizen of the
country Chowdhury Alam used to possess such right. Several attempts to arrest him
without any reasonable accusation are unjustified.

It is now clear as daylight that Chowdhury Alam was arrested merely because he is a
promising leader of the opposition party and he is likely to play an important role in the
up coming Dhaka City Corporation election. The ruling party is afraid of the result of
Chittagong City Corporation election. Therefore, they are reluctant to take any risk. They
signal their back and call law enforcing agencies to do the job.

7
Article 1 and 3 of the Universal Declaration on Human Rights
8
Article: 33 of the Constitution of Bangladesh
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This kind of event is strongly against the real sense of democracy and human rights.
Article 11 of the constitution of Bangladesh is worth mentioning here:
“the Republic shall be a democracy in which fundamental human rights and
freedoms and respects for the dignity and worth of the human person shall be
guaranteed, and in which effective participation by the people through their elected
representatives in administration at all levels shall be ensured.

Active role of opposition party in a country strengthens the standard of democracy. But in
Bangladesh culture of political killing, arrest, abduction and suppressing the opposition
are increasing day by day. Chowdhury Alam is a victim of such culture.

However, Article 18 and 19 of the UDHR and Article 39 of the Constitution of

Bangladesh declares another fundamental human right which was also violated by the
arbitrary arrest of Chowdhury Alam. These Articles incorporate right to freedom of
thought, conscience and freedom of opinion as fundamental human rights. It should be
mentioned here that this includes freedom to hold opinions without interference.
Chowdhury Alam is interfered with, in enjoying these fundamental rights, by the
government itself, who is responsible for the protection of such rights.

Supreme Court’s Questioned Role:

Alam’s son Sayeed filed a writ with the High Court Division on July 4, in accordance
with Article 44 of the Constitution of Bangladesh, claiming that law enforcers had picked
up his father and seeking an order to haul him before the court immediately.
But on July 7, the petition's bench refused to issue a rule on the government for an
explanation in this regard. This refusal is quite hard to comprehend and also lacerate the
provisions of Article 44 of the Constitution.

Absence of rule of law

If he was abducted by unknown persons other than law enforcers, this creates another
question. How can a well known leader be abducted from a crowed public place. This
indicates the lawlessness and anarchy situation of the country. About 2 months elapse but
his whereabouts are yet to discover. Government shows no interest in this regard. If he
was a leader of the ruling party than what will be the reaction of the government? We
want rule of law, not rule of the ruling oligarch.

Statements of BNP Leaders:

Begam Khaleda Zia: BNP Chairperson Khaleda Zia asked the government to find ward
councilor Chowdhury Alam and return him to his family without further delay. “People
of some agencies of the government have picked up Alam and that is why they will have
to find him,” she said while talking to reporters during her visit to Alam's residence in the
city yesterday evening. She said the Awami League government likes its previous rule
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after Liberation War.The former premier said the government wants to stay to power with
foreign support. “But it cannot stay in power with foreign support,” she added.9

Sadeq Hossain Khoka: DCC authorities officially requested the home ministry to find
out its Ward-56 councillor immediately. "As the city mayor, I have sought interference of
the home ministry," Mayor Sadeque Hossain Khoka, also a vice-chairman of BNP, told
The Daily Star on 13 July, 2010. Earlier on June 29, the DCC mayor at a press
conference claimed that plainclothes Rab men arrested Alam, also president of BNP
Ramna unit.10

Barrister Moudud Ahmed: Moudud Ahmed told reporters that they have taken the
petition back as they were not satisfied with the HC bench and would move the petition
to another HC bench.11

Recommendations:

To the government

1. Bangladesh is a state party to various International laws. These laws require

Bangladesh obeying the provisions contained in them. Such as, Bangladesh is a state
party to both the Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), and to the International Covenant on Civil
and Political Rights (ICCPR). Under CAT, the Bangladesh government must ensure that
any person who alleges he has been subject to torture has the right "to complain to and to
have his case promptly and impartially examined by competent authorities." Under article
14 of the ICCPR, the Bangladesh government must ensure a fair and public trial for
anyone charged with a criminal offense, and such a trial must take place "without undue
delay." ICCPR also requires Bangladesh to protect freedom of expression.12

2. The government of Bangladesh should ensure a fair and independent investigation into
all the charges against any citizen as well as his serious allegations of torture. The
government also needs to make clear to its security forces that the era of torture with
impunity is over. Any criminal offence should be tried through the criminal justice
system; it must not be punished by security forces outside of the due process of law.

9
13 July, 2010, The Daily Star
10
Ibid
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Ibid

12
Article 19 of ICCPR
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3. In the serious human rights violation case like that of Chowdhury Alam, Govt. should
take positive step very soon. He should be produce before the Court immediately by the
concerned law enforcing agency within whose custody he is detained.

International cooperation
1. Ratify the International Convention for the Protection of All Persons from
Enforced Disappearance.
2. Accede to the Optional Protocol to the UN Convention against Torture and other
cruel, Inhuman or Degrading Treatment or Punishment.
3. Accede to the Optional Protocol and Second Optional Protocol to the
International covenant on Civil and Political Rights