‘Protest victims may face hurdles to justice’

When protesters arrived at Dhaka Medical College Hospital with gunshot wounds, the doctors were asked by the hospital authorities to conceal any mention of the nature of the injury on the official documentation.
Dr Mostak Ahmed, a trauma surgeon at the hospital’s casualty ward, said this at a discussion on custodial torture while sharing his experience treating victims of gunshot injuries during July and August.
“We could not write that a victim had gunshot wounds. We had to write some other cause,” he said. “Autopsies were not always possible because of the sheer volume of bodies coming in.”
The discussion titled “Custodial Torture and Accountability: Challenges and Remediation” was organised by Bangladesh Legal Aid Services Trust at Bishwa Sahitya Kendra in Dhaka.
Speakers talked about the challenges that victims of the July revolution will face when seeking justice for the atrocities perpetrated upon them.
“Given that so many of the victims who have suffered at the hands of the law enforcers do not have adequate medical documentation recording the cause of their death or injury, we are dependent on circumstantial evidence,” said Dr Qazi Zahed Iqbal, a legal expert and Supreme Court lawyer.
Aneek R Haque, the additional attorney general, said the compensation specified under the Torture and Custodial Death (Prevention) Act is not sufficient for victims.
Law enforcers found guilty of custodial torture have to give Tk 25,000 if the victim survives and Tk 2 lakh if the victim dies.
“What will victims gain from getting these paltry sums?” said Haque.
In many cases, victim families do not receive even this minimal amount.
Imtiaz Hossain Rocky, brother of Ishtiaque Hossain Jonny who died from torture in Pallabi police custody in 2014, shared that he is still struggling to claim the compensation.
Rocky had obtained a lower court verdict in their favour in 2020, but the Pallabi police have since then appealed at a higher court.
He also mentioned that after August 5, one of the accused in the case attacked and vandalised his auto repair garage, robbing him of his sole source of income.
Speakers said students, protesters, and ordinary citizens continue to face false charges filed by the previous regime, with many still not released from jail.
Lawyers and paralegals who had provided legal services in July and August spoke about the torture inflicted upon students when they were being arbitrarily detained during block raids.
The days preceding August 5 witnessed unprecedented custodial violence, they said.
“I met students whose limbs were broken, who were badly bruised and beaten,” said Shah Md Babar, a Supreme Court advocate.
“A lot of students are afraid of taking legal steps against the police because they don’t know what the future will hold,” he said.
Speakers also said the country’s rights situation has not improved post-August 5.
“We are not yet at a stage when custodial torture has been abolished. Why is it that even after August 5, the rights situation has not improved? The violations have simply taken a different form. Democracy is still broken,” said Nur Khan Liton, human rights expert currently serving on the commission investigating enforced disappearances.
“We need to focus on fixing the law and order situation. The lawyers are still abusing the law. Those who were victims of custodial torture remain silent and refrain from seeking justice,” said Sara Hossain, honorary executive director at BLAST.
Advocate ZI Khan Panna, senior human rights lawyer, said, “The Political Prisoners Act should be reinstated to safeguard the rights of political detainees. We don’t want another repressive environment. Democratic rights must be upheld.”