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BANGLADESH: Serious concern for the security of Environmental Activist Mr. Shahed Kayes and 1500 pro poor island dwellers of Mayadip

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BANGLADESH: Serious concern for the security of Environmental Activist Mr. Shahed Kayes and 1500 pro poor island dwellers of Mayadip

December 18, 2010

Christian Development Alternative - URGENT APPEALS PROGRAMME


December 18, 2010
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BANGLADESH: Serious concern for the security of Environmental Activist Mr. Shahed Kayes

ISSUES: Fabricated charges; impunity; rule of law
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Dear Secretary-General of the United Nations, Ban Ki-moon:

The Christian Development Alternative (CDA) has received information that the Bangladesh police has plotted fabricated charge against Mr. Shahed Kayes ,a Environmental Activist. He is afraid that he might be arrested and tortured anytime by the law-enforcing agencies.

CASE NARRATIVE: (Based on interviews with the victim and examination of relevant documents)


BANGLADESH: Serious concern for the security of Environmental Activist Mr. Shahed Kayes



Name of victim: Mr. Shahed Kayes, aged 39 years , an Environmental Activist and a teacher by profession and also the president of reader’s forum “Bondhu Shava, Sonargaon” of Most popular Bangla daily newspaper, “The Daily Prothom Alo”. Present Addres: Subornogram, Sahapur, Sonargaon of the Narayanganj district town.


Name of the alleged perpetrators:
1. Mr. Md. Ismail Hossain, Investigating Officer of a criminal case and Sub Inspector of Police, attached to the Meghna police station of the Comilla districts Police
2. Mr. Md. Yousuf, Officer-in-Charge, Meghna police station of the Comilla districts Police,

3. Mr.Md.Milon Sarkar, Complainant of the fabricated criminal case and the head of illegal sand extraction gang from the river Meghna

4.Mr.Md.Mostafizur Rahaman Masum, the member of illegal sand extraction gang from the river Meghna

5.Mr.Md.Abu Nayeem Iqbal,the member of illegal sand extraction gang from the river Meghna

6.Mr.Md.Habibullah,the member of illegal sand extraction gang from the river Meghna


I am raising my voice regarding the consecutive fabrication of criminal charges against Mr. Shahed Kayes, aged 39 years , an Environmental Activist and a teacher by profession and also the president of reader’s forum “Bondhu Shava, Sonargaon” of Most popular Bangla daily newspaper, “The Daily Prothom Alo” by Mr.Md.Milon Sarkar, the head of illegal sand extraction gang from the river Meghna jointly with dishonest police officials of Meghna police station of the Comilla districts Police.

Mr. Md. Yousuf, Officer-in-Charge, Meghna police station of the Comilla districts Police took bribe of an amount of 30000 Thousand Taka, and filed the fabricated charge against the environmental activist Mr. Shahed Kayes without sufficient evidence against him. I demand a thorough investigation into the allegation of harassing him through fabricating charges. I also demand immediate prosecution of the alleged police officers, if they are found guilty.

I have learned that Mr. Kayes was fighting to save the existence of isolated island "Nunertek" prominently known as Mayadip from the result of continuous sand extraction by the side of the island Mayadip. Mayadip is an island in the midst of the river Meghna, the business men was lifting sand very close to the island and as a result the existence of the island was in danger that anytime the whole island may get vanished in the river due to continuous sand lifting from very close to land side of the island.

Mr.Kayes was leading the local people to raise voice against the serious environmental issue and he brought the concern to the local government officials including the deputy commissioner and district magistrate of Narayanganj Mr.Md.Shamsur Rahman. Mr.Md.Shamsur Rahman promptly notice the urgent environmental issue and visited the isolated island and formed a committee to stop illegal sand lifting by the the side of the island.

Mr.Kayes continues to fight against the illegal sand extraction gang along with the island people and even brought the issue in the local media and when they continues sand lifting he started "Human chain" against the sand extraction.


The business men leading the sand extraction gang along with dishonest police officials of Meghna police station of the Comilla districts Police, filed a false criminal case to stop his campaign against the illegal sand extraction gang.

Now Mr.Kayes is run away from his residence to save his life. I have learnt that the gang has paid an amount of 30000 taka to torture him in police custody. And also a highly armed gang engaged by the illegal extraction group is searching him to kill.

I came to know that the gang also filed another criminal case accusing the 14 leaders of the camping against sand extraction with the local Sonargaon police station. The same people are also listed on the another criminal case with Meghna police station on which Mr.Kayes was accused. The people who were leading the island dwellers to resists the the gang now on fear to be arrested at any time. The accused leaders are now run away and hiding themselves in fear to be arrested.

On the same time gang is threatening the island dwellers that if any one raise their voice they will face more criminal cases and the gang will teach them a good lesson.


I also acknowledge that a newsman of a prominent Bangla Daily newspaper also backing the illegal sand extracting gang by using different platforms and influencing the media to avoid the concern to report in different media.

I am aware that the Bangladesh Police have a bad reputation for fabricating cases against persons and harassing the detainees under "police remand", which is synonymous to torture and extortion. I know that both the police and the Magistrates disregard the laws and rules regarding arrest and "remand", which has widened the paths for the police to seek remand for whomever or whichever days they want. It happens despite the fact that there are directives by the High Court Division of the Supreme Court of Bangladesh that a person can only the remanded for not more than three days in a case, if the police are unable to complete their investigation of a particular case within 24 hours on reasonable grounds that can be satisfactorily acceptable to the Magistrates.

I observe that the deliberate negligence of the police to understand their capacity within the purview of the Constitution, which does not allow any agency to force any persons to give confession against himself or herself according to Article 35 (4), produces random petitions for "remand".

I also observe that the absence of judicial mindsets among most of the Magistrates and Judges of Bangladesh creates sufficient rooms for the police, who are by practice and training arbitrary, to abuse their power as there has been no mechanism established to hold the police accountable. And, the failures of Judicial Administration Training Institute of Bangladesh, which trains the Magistrates and Judges to enhance their professional capacity and skill, to teach the judicial officers about how and when to entertain a petition as a lawful "application for remand" deepens problems relating to the rule of law in the country.


I trust that you will take immediate action into this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Sheikh Hasina
Prime Minister
Government of the People's Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. A. B. M. Khairul Haque
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd

5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868

6. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com

7. Mr. Hassan Mahmud Khandker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd




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