Independent University student Rubel was taken on remand and tortured to death. The incident took place in the capital Dhaka in 1998. That incident sparked storm of criticism at home and abroad. Several officials of Detective Branch (DB) of Police were arrested. They were also awarded punishment. In that perspective, a private organisation named ‘BLAST’ filed a writ with the High court challenging torture during remand. The verdict on the writ on April 7 in 2003 said police must inform through concerned physician or lawyer whether there was any mark of torture on the body of the accused before and after the remand. The accused has to be interrogated in presence of lawyer or any known person. Interrogation must not be made at a secret place. Alongside the higher court, the home ministry also has directed that police have to remain alert to protect the basic human rights of the detained person as envisaged in article 33 and 35 (5) of the constitution. During the interrogation the accused must not be tortured physically. Nothing can be extracted under duress. But investigation revealed that police do not care for these orders and directives. In the name of remand physical torture is still being done and many are becoming disabled. There are allegations that innocent people are tortured in different ways after detaining and taking them on remand. Huge amount of bribe is being collected in the name of remand. Torture is done in the mediaeval age style. It is learnt that that the system of interrogation after taking on remand is there in other countries also. The method of interrogation in remand is different in the developed countries such as United States, United Kingdom and Japan. In those countries, police extract information using physiological tactics instead of torturing the accused. But the accused are tortured in India and Pakistan like Bangladesh. Crime analysts say, police have to establish chain of command. Police do not care anybody due to their political use. As a result this traditional force is facing questions. The influence of government and politics is distinct in their work. As a result their in difference is witnessed towards verdict of higher court and constitutional rights. Their treatment towards the accused is not humane. Government also does not alert them in this regard. Taking this advantage they indulge in rough behaviour with the accused taking them on remand. Due to this reason the confidence of people on police is falling and the image of police is being tarnished. In this regard, State Minister for Home Affairs Asaduzzaman Khan Kamal said there are some naughty people in all establishments. They are in police force also. But it will not be fair to blame the whole force for a handful of members. Police are interrogating accused taking on remand in accordance with law. There is no scope to catch hold of any innocent person and harass him. It is learnt that police officials start interrogating an accused person without considering his condition. As per Article 33-(1) of the Constitution, police authorities are bound to inform a detainee of the reason for his confinement as soon as possible. The detainee cannot be deprived of the opportunity to defend himself and consult a lawyer. Article 33 (2) says a detained person should be produced before the nearest Magistrate court within 24 hours, excluding the time necessary for journey from the place of arrest to the court. On the other hand, Article 35 (5) says no person shall be subjected to torture or cruel, inhuman and degrading punishment or treatment. The same thing was echoed by the HC verdict. An investigation shows the horrible picture as to how the detainees are persecuted during remand for extracting information from them. As the detained persons made confessional statement on coercion, majority of the accused persons later submit petition to the court to retract their statement. Some incidents of torture in police custody may be citied. Police detained Mithun, Uzzal and Zamal from Mirpur area during the last Ramadan. They were allegedly tortured in custody. Businessman Mujibur Rahman was arrested from Chandalbhog at Turag on September 22 night. His brother alleged that SI Khokon demanded Tk 20,000 and threatened to place him on remand if the money is not paid. As Tk 5,000 was paid, he got rid of remand. Hundreds of people are being subjected to illegal remand. Sometimes, such torture is resulting in custodial deaths. IGP Hasan Mahmud Khandaker, however, rejected the allegation saying accused persons are being interrogated as per law. He further said the delinquent police officials are being punished. Around 20-25 accused persons are being remanded by police taking permission from various courts of Dhaka everyday. The incidents of taking accused on remand are happening in other districts also. At the time of granting remand, the courts ask the police to interrogate the accused persons with due care and caution. Later, police and intelligence officials show thumb to the terms and condition set by the court. During remand, police allegedly demand bribe from the relatives of the accused person in exchange for not torturing him. Several police officials admitted that the accused persons are persecuted in 20 ways during remand. The methods include—egg therapy, disco dance (electric shock), sewing (injecting needle into the nails of hand and leg), hitting accused over every joint of bones, hanging the accused by binding two hands with the walls and beat him, water therapy (pouring water into nose and mouth and beating the accused putting him in a position so that his body is flat on the floor), throwing dried pepper powder at face and eyes (sometimes the tortured person becomes visually impaired), beating the accused at his bottom of toe, torturing the detainee by hanging him from ceiling fan, persecuting him by de-clothing him. The last method is torture an accused by forcing him to starve for whole day. Five years ago, the Home Ministry sent a special directive to the Police Headquarters regarding interrogation on remand. The letter directed the authorities concerned not to torture accused during interrogation. According to article 33 and 35 (5) of the Constitution, police will have to ensure basic rights of the detainees and they cannot be tortured physically and mentally during interrogation. Police cannot commit any offence which violates human rights. Should maintain good behaviour with the accused. They must examine the physical condition like heart diseases, high blood pressure, jaundice, asthma of the accused before interrogation. If necessary, taking physicians’ advice bringing the accused to the hospital, they will provide treatment to the accused if fallen sick at the police custody. Motherly behaviour with the woman accused should be maintained and meal to be served to arrested at the custody of police station. But the authorities concerned are not following the directives. Human Rights Commission Chairman Dr Mizanur Rahman said action should be taken based on proper investigation against the police members who allegedly committed repression violating law. Otherwise, the rule of law will not be established. Police have to be brought under accountability always. Repression would not be allowed in the name of remand. Such work should not be performed by which human rights are violated. Constitution expert and eminent lawyer Dr Shadeen Malik said the law enforcers are committing crossfire and encounter incidents and also killing people through forced disappearance. Good things cannot be expected from them. They are not following the order of the High Court or instruction of the ministry concerned. He said they are repressing accused in the name of remand. Political leaders are being kept with the miscreants like thieves and touts. And they (politicians) are facing repression in the name of remand. The law enforcers do not care anyone due to political influence. But all of them have to be accountable for their misdeeds. He said police are behaving with the accused under remand in whatever way they like. The constitution and law are not being followed. A section of police are committing such acts after being much enthusiastic. But police have to avoid such evil path and they should rather be the friend of people. Security analyst Maj Gen (Rtd) Abdur Rashid said it seems that there are loopholes in the chain of command of police. Being politicized police brutally repress the accused under remand many times. He said interrogation has to be conducted as per the court order. To take money in the name of remand is not nothing new. Tough action has to be taken against those who will not obey the rule. In the developed world information is not collected through physical torture rather it is done through mental tactics.
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