CAT/C/37/D/259/2004
page 3
Factual background
2.1
The complainant states that he has been a member of the Jatiya Party (JP) in Bangladesh
since April 1988 and acted as the JP’s Organizing Secretary of ward No. 29. He claims to have
been arrested on several occasions in 1991, 1993 and 1995 after participating in protest
demonstrations organized by his party.
2.2
The complainant explains that in 1992 he secured a lease for the operation of a fish
farm. Every year the lease had to be renewed and it was awarded to the highest bidder.
On 20 January 2000 the complainant secured the lease in the face of competition from a bidder
named E.S., a member of the Awami League (AL), another political party in Bangladesh.
The complainant states that, on 15 or 16 March 2000, he received a letter from E.S. demanding
that he pay a protection tax. Eight or nine days later, A., J. and C., members of the AL in the
pay of E.S., forced their way into his shop and, since he refused to pay, beat him up. On 10 or
11 April 2000, the complainant found that all his fish were dead. After making his own
inquiries, he reached the conclusion that A., J. and C. had poisoned the water. He tried to report
these events to the police, but they refused to listen to him, allegedly because he was a member
of the JP.
2.3
The complainant states that, in May 2000, on returning home after a JP meeting at its
regional office in Mugda, he was arrested by the police and accused of possession of illegal
weapons, which had allegedly been found on the first floor of the JP office in Mugda by E.S.,
A., J., C. and the police. He was detained from 5 May to 6 June 2000 in the central prison in
Dhaka. He claims that, during his detention, he was tortured on three or four occasions. He was
allegedly beaten with a stick and had boiling water injected into his nose and ears. He states that
he is suffering from various physical and psychological after-effects, which have been confirmed
by medical certificates: one of his eardrums has been perforated, he is suffering from chronic
otitis, some of the bones in his ear have been destroyed, he has serious problems with his vocal
cords, chewing is painful for him, he is suffering from depression and he has post-traumatic
stress symptoms. Thanks to the intervention of his brother and other members of the JP, he was
allegedly released on bail.
2.4
On 10 June 2000, the JP allegedly organized a protest demonstration in which the
complainant took part. While returning to their homes, the members of his group were attacked
by a group of AL supporters, one of whom was E.S. In the course of this incident the
complainant allegedly managed to escape, but one of his friends was killed and another injured.
The next day, he learned that E.S. had lodged a complaint against him for the murder of his
friend and that the police were looking for him. For this reason, he left Dhaka and sought refuge
with a friend in Gazipur.
2.5
The complainant states that on 19 June 2000, the police, together with AL supporters,
went to his home in Dhaka to try to find out where he was. They allegedly threatened and beat
up his brother, causing grievous injuries which led to his losing an arm. They also stole money
and jewels. After this incident, the complainant allegedly went to live with a cousin in Silhet.
His brother and the leader of the JP tried to have the charges against him dismissed but were
unsuccessful. His own lawyer admitted that he was certain the complainant would be found