50 cases filed under Torture, Death in Custody  Act in 10 yrs: ASKOne accused punished till date

Mamunur Rashid

At least 50 cases have been filed under the Torture and Death in Custody (Prevention) Act in the last 10 years, According to the Ain O Salish Kendra, 19 accused died before and after their arrest in 2022. Meanwhile precedence of punishment under the law is only one.

A court in Dhaka has sentenced former Pallabi Police Station Sub Inspector (SI) Zahidur Rahman Zahid, ASI Rashedul and Kamruzzaman Mintu to life imprisonment in the case of beating driver Ishtiaq Hossain Johnny to death on September 9 in 2020. Apart from this, police sources Suman and Rashed were sentenced to seven years in prison. According to the details of the case, on the night of February 7 in 2014, Johnny went to a 'Gaya Halud' ceremony of a person named Billal at Irani camp in Mirpur-11 sector.
When Suman got drunk and molested the girls at the event, Johnny pulled him off the stage, police sources said. Then at one stage of the quarrel, Johnny slapped Suman, who left the spot threatening Jonny of 'facing the consequence'.

After half an hour some policemen including SI Zahid came and took Johnny to the police station from the event. It is alleged in the case that he was tortured there. Johnny's brother Imtiaz Hossain Rocky filed a case under the Torture and Death in Police Custody (Prevention) Act with Dhaka Metropolitan Sessions Judge's Court, and the judge ordered a judicial inquiry into the matter.
Later in 2020 the court gave the verdict. However, it is said that the effectiveness of this judgment has been suspended by the High Court.

Human Rights organization Ain O Salish Kendra (ASK) said 19 people were killed in custody of law enforcement agencies in 2022. Of these, four died of physical abuse by law enforcement officers after arrest, one died of heart attack and four died of physical abuse before arrest. Apart from this, two people committed suicide in police custody and four people died due to illness.

After the complaint of death in police custody, the concerned authorities have repeatedly claimed that the CCTV was not operational at that time, which is contrary to their responsible behaviour. Similarly, eight people were killed in custody of law and order forces in 2021, according to ASK data. Among them, six died due to physical torture by law enforcement forces after arrest, one died of heart attack and one died due to physical torture before arrest.

The government passed the Torture and Deaths in Custody (Prevention) Act on October 27 in 2013 to stop custodial torture. But most cases of torture and death in custody go unreported.

Torture by a law enforcement officer is punishable with at least five years' imprisonment and a Tk 25,000 fine, and custodial death due to torture is punishable with life imprisonment and a Tk 100,000 fine. In addition, they must compensate family members of the affected with Tk 200,000.

Several people who were detained and interrogated by the law enforcement forces told the Daily Observer that they were tortured but did not file a case. Again, some victims also say that they did not agree to file a case out of fear and apprehension even though they knew how much compensation they would get.

Rabiul Islam, 40, a resident of Payara Bagan in the city of Gazipur, died in police custody, his family and local residents said last week.   Angered by the incident local residents blocked traffic on the Dhaka-Tangail and Dhaka-Mymensingh highways,  Two police officers from Gazipur Municipal Police were dismissed from duty Wednesday in connection with the death.

They are Mahbub and Nurul Islam, both Assistant Sub-Inspectors (ASIs) at Basan Police Station. Abu Torab Mohammad Shamsur Rahman, Deputy Commissioner (Crime) of Gazipur Municipal Police said.

According to the Torture and Death in Custody (Prevention) Act-2013, there is scope to file a case for custodial death , but the families have not filed any case. Needless to say, the reason is fear or stress. This is an instance of no implementation of law despite its existence.