Supreme Court on 21 January 2003
Torture in police custody
On night of 7 December 2002, police
arrested me at 2 am from my residence (Ga-16, Mohakhali, Dhaka-1212). When
I was arrested they were in plainclothes and failed to produce any arrest
warrant. When I told them to wait until it was dawn - they decline. Without
seeking my permission and any search warrant they forcibly entered my house
and searched different rooms. During the search, they barged into rooms
without knocking where women were sleeping.
My daughter Orpita Shahriar (20)
and myself repeatedly demanded to know whether I am under arrest. They
replied that they have orders from senior officers to take me to the police
station. They also did not heed to my demand to produce their ID and in
harsh voice they asked to get into the vehicle.
They drove me to Gulshan Police
Station and instead of asking anything me they kept me waiting, then they
took me to Cantonment Police Station. As they have told me that I was not
arrested and would be released after questioning, I did not take warm clothes
and necessary medicines with me. After bringing me to Cantonment police
station, to my surprise and my rage I was pushed into a nauseating cell
and padlocked the iron cage. Despite repeated demand I failed to meet the
police officers. By whom, and for what reason, I was brought at two O?clock
in the night and locked up in a cell nobody provided with any answer.
At the Cantonment police station
I had to spend the entire night in filthy, nauseous with dirt, garbage,
stains of spit and cough. Without bed sheet or blankets I had to squat
on the bare floor in the cold night and biting mosquitoes.
The next day I expected I would
be able to meet the police officers and ask the reason for my detention
and would arrange food. And would also able to contact my family to engage
a lawyer. But they did not do anything. They kept me without food for the
whole day. I was thirsty and my throat has dried, I asked for drinking
water. They showed me a tap at a low height in the dirty toilet to drink
water. At one time I was so thirsty and hungry I had to drink the filthy
water.
On 8 December 2002 at 3:30 in the
afternoon I was produced before the CMM Court. Only then for the first
time I learnt that I was shown arrested under Section 54 of CrPC. Government
representative demanded the court for seven days of remand, my lawyers
vehemently opposed. My lawyers argued in the court that on 22 November
2001 I was arrested under Section 54 and during remand I was interrogated
by Joint Interrogation Cell and experienced the ordeal of torture. The
learned Magistrate after hearing both sides allowed three days of remand.
My lawyers told me that they would
submit a petition in the High Court for cancellation of the remand. Next
day I learnt that the high court has ordered an injunction for the remand.
In reality I did not see the implementation of the order. I was confined
in the same nauseating cell in Cantonment police station and instead of
three days I was physically kept in remand for four days and took me for
interrogation with eyes blindfolded by intelligence agencies.
When I was arrested last time in
2001 I was told of the charges framed by the government against me. This
time I realised that the intelligence agencies were not sure what was the
allegation against me, and what charges they want to frame against me.
Their accusations against me were derogatory, insulting, imaginary and
fictional.
They were coercing me to admit that
Awami League conducted the bomb attacks at the cinema halls in Mymensingh
and India was responsible. By their attitude and duties they have violated
the constitution, besides setting up glaring example of settling political
scores with me.
For the number of days I was confined
in Cantonment police station from the night of 7th December to 12th December
I was not allowed to sleep. Under a scorching light in the dirty cell strewn
with garbage on the naked floor I had to spend winter nights with mosquito
biting.
On the third day I was feeling pain
in the chest and shoulder and repeatedly asked me to get to a doctor. At
one stage I could not take the pain and lost conscious and lay on the floor.
In the afternoon a police doctor arrived and in gruff voice said to take
measure to avoid catching cold. The doctor has seen I was kept in awful
condition. His observation irritated me but I resisted myself. In the evening
a constable came to my cell and with unwrapped tablets. I refused to take
those pills unless I see the prescription and read the name of the pills.
The constable brought the prescription. I discovered that those pills were
analgesic tablets and have to take after meals. As usual I was not given
food for the whole day. When I refused to take the tablets and explained
that I may die if I swallow the pills, and later foods came from my home.
In five days of confinement I received food three times only. The first
food was served after 25 hours.
Whenever I asked for food, the police
provided excuses. They told me that I was arrested under Gulshan police
station therefore Cantonment police station has no obligation to supply
food. Sometimes they said that the contractor responsible for supply of
food to the persons in police lock up has not returned after Eid vacation.
When I asked to buy biscuits and fruits from a shop with the money I had
with me, they refused. My lawyers came to the police station but failed
to meet me. My family members brought my physician also were refused permission
to attend me.
In 30 years of my career I received
number of awards and citations at national and international level for
literature and journalism. In several international conferences and workshops
I have addressed the participants, presided over sessions and represented
Bangladesh. I am presently the general secretary of the "South Asian People?s
Union Against Fundamentalism and Communalism" with eminent persons of five
nations of South Asia who are former prime minister, parliament speaker,
Ombudsman and eminent intellectual personalities.
I am also the South Asian representative
of The Netherlands-based world?s largest social history archive "International
Institute of Social History".
During my arrest in 2001, the Noble
prize-winning Amnesty International declared me "prisoner of conscious".
The 2001 annual report of United Nations Human Rights Commission discussing
the human rights situation of Bangladesh only mentioned my detention. In
last 30 August - 1 September 2002 at Hanover, Germany at an international
peace conference I was honoured to address the inaugural session and represented
South Asia and South East Asia. I was also selected as one of the advisers
of the forthcoming peace conference.
Like arresting a popular and well
known at national and international arena as a writer, journalist, filmmaker
and human rights activist under Section 54, violating all orders of lower
and higher courts and tortured mentally and physically, in one word will
not be compensated for physical and mental damages.
Accusing with a false and conspiratorial
case against me, who accepted martyrdom for independence of Bangladesh
in 1971 and simultaneously arresting and torturing me ignoring the court
verdict has damaged the image of my beloved Bangladesh.
In a bid to uphold the dignity of
the constitution, restoration of the proud image of the Bangladesh at national
and international level, implementation of fundamental rights and rule
of law, I am seeking justice from the court of law. I am also seeking exemplary
punishment of those responsible for inflicting torture and adequate compensation.
