Rafique Al Islam has been set free!

• What YOU can do!
• Timeline of Events
• Actions Taken in Support of Rafique
• More Information
• Contacts
• Comments

Mr. Rafique al Islam, the ICBL's campaign representative in Bangladesh, was arrested at his home in Cox's Bazar, Bangladesh, at 14:30 on Saturday, 21 August, by military officers from the Rapid Action Battalion. He was arrested without a warrant and documents and equipment from his office were seized. Rafique was in police custody from 21 August until his release on 19 September. On Tuesday, 14 September he was charged under Section 19f of Bangladesh's Criminal Code with possession of ammunition. Though he has been released from prison, Rafique remains charged with possession of ammunition and legal proceedings in this case are underway.

Rafique is the Coordinator of the Treaty Implementation and Victim Assistance Working Group for Bangladesh, a member of the ICBL, the Landmine Monitor researcher for Bangladesh and the country representative for Nonviolence International Bangladesh, an NGO registered with the Government of Bangladesh. He has campaigned in support of the mine ban since 2000 and has worked closely with the Government of Bangladesh to support its full implementation of the Mine Ban Treaty. He has participated in numerous domestic and international forums to support Bangladesh's efforts in support of the mine ban.

What YOU can do!

Please continue to take action until Rafique's name is cleared of all charges! Our action to date has kept our colleague and friend safe from torture and ill-treatment while in custody. Also, we've helped to keep spirits and been a source of comfort for Rafique's family. Please continue to stand behind Rafique!

• Visit the nearest Bangladeshi embassy and let officials know that Rafique has been released from custody and is home with his family. Stress the inappropriateness of Rafique's detention and express concern about the charge against him. Let officials know you will continue to watch the situation closely until Rafique is cleared of the charge against him. Or, send a letter (contact details below). They may give you the same information we have provided above, but still it is important that they know we continue to follow the case and support our colleague. After embassy staff meet with you they are obliged to end a report to capital and this will serve to keep up the pressure.
  • Messages: emphasize Rafique's open and constructive role in working with the government of Bangladesh on the landmine issue and stress that we believe the charges against Rafique are unfounded. Urge a speedy resolution of the case and that Rafique's fundamental rights are respected including a fair trial.
• Keep your government informed and ask that they keep up the pressure on Bangladesh to resolve the case speedily.
• Write to Rafique al Islam's family in Bangladesh and assure them of your ongoing support.
  • Send to: Rabwah, Ratul and Roiyah al Islam,United Hotel
    Bangabandhu Road, Cox's Bazar, Bangladesh and/or sign our visitors book.
    
• Contribute to al Islam's legal defense fund. Click here
  and contribute online (or by cheque). Be sure to note that your contribution is for the "al Islam defense fund." You can also contact Nonviolence International directly at mbanSPAMFLTER@SPATMFLTERnonviolenceinternational.net to make other arrangements. Contributions will help pay for Rafique's lawyer, based in the capital, Dhaka.
  
• Write letters to these Bangladeshi authorities: Prime Minister, Minister of Foreign Affairs, Minister of Home Affairs and the Director General of the Rapid Action Battalion.
  • Sample letters to the Minister of Home Affairs are available in English and Bengali. Sign and fax letters to +880-2-955-2323/ 716-9667.
  • Sample letters to the Director General of the Rapid Action Battalion are available in English and Bengali. Sign and fax them to +880-2-9896-2884.
  • Or write your own letter. Handwritten letters are often more powerful than form letters. If you draft your own letter, please specify how long you have known Rafique and in what context. It can be very challenging to send faxes to Bangladesh. Try sending faxes at different times of the day and keep trying to send faxes until they go through.
• Get in touch with the diaspora from Bangladesh and South Asia in your area. Contact Bangladeshi cultural centers and community groups, talk to the owners of Bangladeshi-owned businesses, South Asian media and NGOs working on South Asian issues. Encourage community members to send letters, contact media and government representatives in Bangladesh and spread the word about Rafique's situation to other Bangladeshis abroad.
• Get your community involved! Distribute action letters at local mosques, temples, synagogues and churches and encourage community members to sign letters. Collect signed letters and fax them to the Minister of Home Affairs and the Director General of the Rapid Action Battalion. Share action letters with friends, family and colleagues. Encourage them to send letters to Dhaka and to pass the letters on to others.
• Distribute the ICBL press release to local media.
• Let us know! Click "new comment" below to send Rafique and his family a message of support and share the actions you have taken on Rafique's behalf or responses you have received!

Timeline of Events

Following is a timeline of events and actions related to Rafique's arrest and detention. This page was last updated on 22 September 2004 (GMT -5).

Sunday, 10 October- Legal proceedings in Rafique's case continue. Rafique remains free and is continuing his landmine-related work and will hopefully be able to participate in the Nairobi Summit!

Wednesday, 22 September- Rafique sends the following open letter to all ICBL campaigners:

What happened to me was my destiny. I am glad that I am safe physically. Arrest and detention was a new experience for me. But I learnt that I am not alone in this world. In jail, I received letters from friends, and my wife kept giving me information about all your activities and campaigns for me. So I never felt that I was alone. I understand that if I do good things, if I work for the betterment of mankind, I have to suffer for a while but it will always bring an excellent result, and I will never be alone. I am very grateful that you all wrote letters to my family and gave them hope and encouragement. My mental power has doubled now to know that I am not alone in the campaign for peace, human rights and disarmament.

My regards, love and “Salam” to all.

I will start everything again with new dreams and new hopes. I will not stop my humanitarian activities until the last day of my life.

Monday, 20 September- Rafique appears in court in Cox's Bazar. All elements of Section 54 of Bangladesh's Criminal Code in relation to Rafique are dismissed. Rafique remains out of police custody.

Sunday, 19 September- Rafique is released from the Cox's Bazar jail by order of the local magistrate. He is out of custody but not free. Rafique remains charged with possession of ammunition and his next hearing will be held on 21 September. His family remains under police surveillence. He is unable to travel outside the country without State permission. Rafique and his family remain very concerned about the immediate future.

Tuesday, 14 September- Rafique is charged under section 19f of Bangladesh's Criminal Code for possession of ammunition. Bail cannot be posted for persons charged with this offense. Rafique is no longer being held under Section 54 of the Criminal Code. He remains in the Cox's Bazar jail and his family and legal counsel are able to visit him.

Saturday, 10 September- Rafique remains in the Cox's Bazar prison. The ICBL has no information on the outcome of a hearing held today on Rafique's case.

Friday, 10 September- Rafique is moved from Dhaka back to the Cox's Bazar jail. His wife is able to visit him in the presence of police officers and is able to bring him much needed medicine and food. She reports that he looks well. Rafique will appear at a court hearing on 11 September in Cox's Bazar. Rafique's transfer back to Cox's Bazar is positive news, however, he could be transferred back to Dhaka after the upcoming court hearing and he continues to be held without charges presented against him.

Campaigners in Canada, including the ICBL Coordinator, meet with the Counsellor at the Bangladeshi High Commission in Ottawa. The response is identical to that of the Embassy of Bangladesh in Washington, DC. The Counsellor indicated that Rafique is likely not being detained because of his landmine-related work and that he "would not have been detained for undue reason."

Thursday, 9 September- Rafique's whereabouts remain unknown. The ICBL does know if he is still being held at the Joint Interrogation Cell in Dhaka and his family and legal team have not been able to make contact with him. The ICBL has no information about what will happen next to Rafique and Bangladeshi authorities seem too frightened to speak about the case. No existing laws in Bangladesh allow for Rafique's continued detention. The police have broken the law by not allowing Rafique to participate in his 7 September hearing and by detaining him for more than 15 days and the magistrate has broken the law for ordering Rafique to be remanded into custody for an additional 15 days.

Rafique's situation is extremely grave. Concerned individuals and campaigners are urged to immediately contact Bangladeshi embassies worldwide and stage protests, pickets and other actions in support of Rafique. In meetings with Bangladeshi officials, call for Rafique's immediate release and request the state to prosecute the government agents responsible for Rafique's continued illegal incarceration. Nonviolence International holds a press conference today in Dhaka to draw attention to Rafique's continued detention.

United States Senator Patrick Leahy sends a letter urging Rafique's release to the Bangladeshi Prime Minister. Campaigners in Washington, DC meet with the Ambassador of Bangladesh. No information about Rafique's arrest and detention is provided and officials say there must be a good reason for Rafique's arrest but cannot not provide such a reason.

Wednesday, 8 September- The ICBL does not have any updates on Rafique's whereabouts or wellbeing.

Tuesday, 7 September- Despite a court order for Rafique to be appear in court today, he does not appear in court and remains in the custody of the RAB. Police ask to delay his hearing until 10 September. The magistrate informs the police that they may continue to hold Rafique in their custody without a hearing until 21 September. This decision has no legal basis as no one may be held for more than 15 days in Bangladesh without being charged. Rafique has not yet had charges brought against him. The ICBL can no longer verify his whereabouts.

Monday, 6 September- Rafique is undergoing intensive interrogation at the Joint Interrogation Cell in Dhaka. As this facility has no legal entity, his lawyers and family are not able to visit him. He is scheduled to be produced before a magistrate on 7 September. It is expected that charges will be presented against him at this time. Amnesty International issues an Urgent Action Alert titled "Bangladesh: Fear of Torture, Rafique al Islam" to its network.

Sunday, 5 September- The ICBL observer returns to Dhaka. Rafique is no longer being held at the Cox's Bazar prison and his whereabouts are not known.

Saturday, 4 September- A hearing on Rafique's case is held in Cox's Bazar. Rafique's family, the ICBL observer and his legal team are present. The legal team gives a 2.5 hour presentation in support of Rafique. Unable to refute the legal defense, the magistrate states that "this is a special case," does not lay any charges against Rafique and requests further detention. Rafique has now been held for two weeks, the maximum period a person can be held without charge. His detention is now outside the law. Rafique's legal team will now mount a Supreme Court challenge and a habeus corpus case.

During the hearing, Bangladeshi police enter the ICBL observer's hotel room, search his belongings and confiscate his camera film. Police also conduct another raid of Rafique's office and seize additional documents related to the mine ban campaign. The police do not have warrants for this raid and seizure. A "watcher" is placed by Bangladeshi authorities outside Rafique's house to monitor his family's movements. His family is interrogated again after the hearing.

Friday, 3 September- The ICBL observer flies from Dhaka to Cox's Bazar to attend Rafique's 4 September hearing.

Thursday, 2 September- Rafique is no longer being held under Section 54 of the Bangladeshi criminal code, but charges have not yet been placed against him. The ICBL learns that Rafique will have another hearing on his case on 4 September, when it is expected that charges will be brought against him. The ICBL colleague in Dhaka meets with officials at several diplomatic missions to urge support for Rafique. A well-known Bangladeshi lawyer becomes Rafique's legal representation.

Tuesday, 31 August- An international ICBL observer receives a Bangladeshi visa and flies to Dhaka.

Monday, 30 August- The ICBL and World Organization Against Torture both release press statements calling for Rafique's release.

Sunday, 29 August- Rafique is remanded into the custody of the RAB for five days of interrogation. He is being held under Section 54 of the Criminal Code of Bangladesh which allows for detention of people without an arrest warrant. According to Amnesty International's 2004 Annual Report on Bangladesh, 3 people per month die in their custody. Rafique is not transferred to the RAB interrogation facility and is placed in the hospital ward at the Cox's Bazar jail.

Saturday, 28 August- A hearing on Rafique's case is held in Cox's Bazar, not on 29 August as scheduled. Rafique's family and legal team are not notified of the hearing and are not able to represent him during the hearing. No charges are brought against Rafique.

Friday, 27 August- Nonviolence International and Forum Asia make an intervention with the Attorney General of Bangladesh on Rafique's behalf. Human Rights Watch and Nonviolence International both release press statements urging Rafique's immediate release from custody. An ICBL observer based in Bangkok is denied a Bangladeshi visa to travel to Cox's Bazar to attend the 29 August hearing.

Thursday, 26 August- Rafique is not eating much and is in poor health. A hearing regarding his case, scheduled for today, is moved to 29 August. A team of interrogators from Dhaka arrives in Cox's Bazar to begin interrogating Rafique. He still has not been charged with any offense. The court in Cox's Bazar refuses to provide Rafique's attorneys with any documents related to his case to prepare their legal defense. This denial of access to documentation is by order of "higher authorities."

Wednesday, 25 August- Rafique's family is able to visit him in the Cox's Bazar prison.

Tuesday, 24 August- Rafique's family is not able to visit him in the Cox's Bazar prison.

Saturday, 21 August- Rafique is arrested at his home in Cox's Bazar without warrant by the Rapid Action Battalion (RAB). They are able to hold him without charges presented against him for 15 days. The RAB is a new entity, created in 2004 to combat serious crime and terrorism. It is composed of members of various divisions of the police and military and is under jurisdiction of the Ministry of Home Affairs. Rafique is taken to the Cox's Bazar jail. The ICBL learns that the RAB wishes to transfer Rafique to the "Joint Interrogation Cell" in Dhaka, Bangladesh's capital city. Several prisoners have died in custody at this facility.

Actions Taken in Support of Rafique

ICBL campaigners, other non-governmental organizations, international organizations, supportive governments and concerned individuals in over 25 countries have all taken actions in support of Rafique.

• The ICBL, Human Rights Watch, Nonviolence International, the International Organization Against Torture, ICBL country campaigns and others have issued press releases.
• The ICBL, Landmine Monitor, Human Rights Watch, Nobel Peace Prize Laureate Jody Williams, country campaigns and individuals throughout the world have sent letters to the Bangladeshi authorities urging Rafique's release.
• The ICBL, Amnesty International, International Peace Bureau, International Organization Against Torture and others have issued action alerts to their members.
• Campaigners and individuals have phoned and met with officials at Bangladeshi missions around the world, asking for more information about Rafique's case and urging his safe and immediate release from custody.
• Campaigners and individuals in several countries have met with their government officials, urging actions against the Government of Bangladesh in support of Rafique's release.
• Both international and Bangladeshi media have covered Rafique's case.

More Information

• For more information on landmines in Bangladesh read the 2003 Landmine Monitor Report.
• To learn more about Bangladesh's Rapid Action Battalion, the agency that arrested and is interrogating Rafique, read press articles from the Daily Star and BSS.
• Additional information about human rights in Bangladesh is available from Human Rights Watch, Amnesty International, the Bangladesh Human Rights Network and the Human Rights Congress for Bangladesh Minorities.

Contacts

1. Prime Minister
   Prime Minister Khaleda Zia
   Prime Minister's Office
   Old Airport Road, Tejgaon
   Dhaka, Dhaka Division
   Bangladesh
   Tel. +880-815-100
   Fax +880-2-811-3244/3243/1015/1490
   Email pmSPAMFLTER@SPATMFLTERpmo.bdonline.com, pmSPAMFLTER@SPATMFLTERpmobd.org, infoSPAMFLTER@SPATMFLTERpmo.gov.bd or psecretarySPAMFLTER@SPATMFLTERpmobd.org
   
2. Minister of Foreign Affairs
   Hon. M. Morshed Khan
   Ministry of Foreign Affairs
   Topkhana Road
   Segunbagicha
   Dhaka 1000
   Bangladesh
   Tel +880-2-236-020
   Fax +880-2-411-281/ 955-5283/ 861-7448 / 956-2163
   
3. Minister of Home Affairs
   Hon. Lutfozzaman Babor
   Ministry of Home Affairs
   Bangladesh Secretariat
   Building 4
   Dhaka
   Bangladesh
   Tel +880-2-716-9069
   Fax +880-2-716-9667/ 955-2323
   
4. Md. Anwarul Iqbal
   Director General
   Rapid Action Battalion
   Dhaka
   Bangladesh
   Fax +88-2-9896-2884
   
5. Md. Shahudul Haque
   Inspector General of Police
   Dhaka
   Bangladesh
   Fax +88-0-956-3358
   
6. Bangladeshi Missions Abroad
   http://www.bangladesh.net/embassy/bangladesh_missions_abroad.htm
   http://www.bangladeshonline.com/information/f_mission/foreign_bangladesh.htm
   http://www.bangla2000.com/Immigration/Embassies/Bangladeshi-Emabssies/default.html
   
7. Government of Bangladesh
   http://www.bangladesh.gov.bd/