Eight takeaways from the Mayor elections

Courtesy of the Daily Star: Vote rigging in plain sight

Here are eight key take-aways from yesterday's Mayor election.

1. Now we know what the Prime Minister means by 'free and fair elections'.

In January 2014, the prime minister, Sheikh Hasina promised there would be 'free and fair' national elections, even without a caretaker government. The BNP and opposition parties boycotted it, arguing that there could be no such election under a political government  In 2015, she promised the same in the city mayor elections. This time the BNP did not boycott. Now I suppose we know what would have happened had the BNP taken part in the 2014 elections and is likely to  happen in the 2019  national elections: widespread ballot box stuffing along with police and election commission complicity (see here for just one such example). Despite all the evidence, this morning the prime minister has stated: 'The city corporations elections were conducted in a free, fair and peaceful manner. The police administration has discharged their duties responsibly.” Were these elections a dress rehearsal of what will happen in 2019 national elections?

2. Winning is the only important thing.

For the Awami League right now (and no doubt it would be the same were the BNP in power), winning power is the only thing that matters. The Awami League could have taken a different view, allowing the election to be free and fair, and letting the most popular candidate win. Were the Awami League to have done this and lost, then they could have argued, 'Look we are capable of holding free and fair elections. The BNP should have no worries for the future.' But no, it does not matter to the government right now how they win, as long as they do win.

index of material on Salah Uddin 'disappearance'

Hasina Ahmed, wife of Salah Uddin

Below is an index of the material contained on this blog about the disappearance of Salah Uddin.

It is divided into two parts. First the journalism on the evidence about what happened to the BNP leader.

Secondly, the material on the Habeas corpus writ filed by his wife.



Key journalism on abduction by law enforcers

1. Summary of the evidence **** (read this article first)

2. Interview with caretaker of building where Salah Uddin picked up (New Age) 

3. Interview with caretaker of building where Salah Uddin picked up (Prothom Alo, translation) 

4. Interviews with security officers and residents in area where Salah Uddin picked up (New Age) 

5. Article on how three employees of Salah Uddin were arrested by RAB on 8 March, three days before Salah Uddin was picked up, and how on the same day, the flat where Salah Uddin had earlier been staying was raided and the cook was arrested. 

6. Article on the raid on First Security Islami Bank on 8 March, and how the bank provides crucial link between a sequence of raids and arrests by RAB that finally resulted in the BNP politician being picked up, just over 48 hours later on 10 March, from a flat in Uttara where one of the bank’s deputy managing directors lived. (New Age)

7. 'Two stories to help understanding Salah Uddin's Disappearance' (New Age op-ed)

      - ICT witness alleges state abduction (May 2013)

      - 19 BNP activists disappeared in Dhaka over 2 week period  (Dec 2014)

Habeas Corpus writ
This is a writ filed in the High Court by the family of Salah Uddin

1. Habeas Corpus application for recovery of Salah Uddin and order of the court 

2. Supplementary application from Salah Uddin's wife  

3. Response from Government and law enforcement bodies

4. Annex to government response: Uttara police station's "General Diaries" 

5. Further annexes to government response: Correspondence of law enforcing authorities

6. Response of Salah Uddin's wife to government 

7. Further application by Salah Uddin's wife seeking judicial inquiry body

Salah Uddin disappearance: Summary of the evidence

------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin pick-up

-----------------------------------------------------------------------------------

     This has been updated to include material  published on
     6 May 2015


The evidence supporting law enforcement authority involvement in Salah Uddin's disappearance on the evening of 10 March from a house in Uttara is as follows

1. A pattern of behavior

The government's law enforcement authorities have picked up and disappeared many other BNP leaders and activists in recent years - in particular 19 activists who were taken in a single two week period in Dhaka just before the January 2014 elections where substantial evidence exists that law enforcement authorizing, including Rapid Action Battalion and Detective Branch of the police. The whereabouts of these 19 remain unknown. There are many more such cases. Salah Uddin's disappearance is nothing new.

2. RAB was desperately searching for Salah Uddin in days before pick up

The law enforcement authorities were desperately looking for Salah Uddin in the few days before he was picked up on the night of 10 March 2015.

(a) Pick up of three of Salah Uddin's employee in the early hours of 8th March. Three days before Salah Uddin Ahmed was picked him, the BNP leader's two drivers (Khokon and Shafique) and his personal assistant Goni, were picked up from their houses. Family members and independent eye-witnesses confirm that the men were picked up on this date by law enforcement authorities. Court documents state that "RAB" arrested them.

These three men were kept in the law enforcement custody for over 48 hours before being brought before a magistrate's court. This is illegal as they should have been brought before a magistrate's court within 24 hours. When they were brought before the court, the prosecutor alleged that they were 'accomplices' of Salah Uddin and had 'harbored' him. They were remanded in further police custody for three days.

See here: RAB picked up three Salah Uddin employees and cook

RAB 'arrest' of Salah Uddin's three employees, and cook

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is an article about the disappearance of Salah Uddin, the BNP leader allegedly picked up by law enforcement authorities on 10 March 2015, whose whereabouts are unknown. It deals with the pick up two days before Salah Uddin's disappearance of three of his employees and a cook. It was published in New Age on 4 April 2015

More about the evidence involving the alleged pick up, can be found in the index
-------------------

RAB picked up 3 employees and cook, 3 days before 

April 4, 2015 

David Bergman and Muktadir Rashid

In the early hours of March 8, three days before the Bangladesh Nationalist Party leader Salah Uddin Ahmed is alleged to have been picked up by law enforcement officers, his two drivers and personal assistant were detained by the paramilitary force, Rapid Action Battalion, New Age can confirm.
The three men were arrested from their homes in West Kalachadpur and Badda between 1 am and 3.30 am and held for over 48 hours before being taken to a magistrate’s court two days later where they were accused of ‘sheltering’ the BNP leader.
Investigation by New Age has also found that within an hour of the two drivers being taken from their homes, RAB officers raided a block of flats in Gulshan-1 trying to find Salah Uddin.
After searching the flats, the law enforcement officers took away a 65-year-old cook who had been living in one of the flats where the BNP joint secretary general had earlier been in hiding.
Two days after his detention, the cook was brought to Dhaka district’s magistrate court, along with Salah Uddin’s three employees, where he was also accused of ‘harbouring’ the BNP leader.

Two stories to help understand Salah Uddin's disappearance

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is an oped published in the New Age about the Salah Uddin disappearance on 2 April 2015. The original article can be seen here

------------

Understanding Salah Uddin’s disappearance 

April 2, 2015 

by David Bergman 

Here are two stories that can help us understand what has happened to Salah Uddin Ahmed, the Bangladesh Nationalist Party leader who eye-witnesses claim was picked up by law enforcement authorities on March 10 (an allegation denied by the government) and what might be his fate.
The first story involves Sajedul Islam Sumon, 36, a BNP ward general secretary in Dhaka, his cousin and four activists of the BNP’s student wing.
At about 6:00pm, on November 4, 2013 they were standing outside an under-construction house on Road 4 of Block I of the Bashundara Residential Area, when, according to construction workers present at the site, all six of them were whisked away by officers from the Rapid Action Battalion.
‘One of the cars was a black pickup, the ones usually used by RAB,’ one worker said describing the vehicles in which the men were picked up. ‘Around four of [the men] were in plain clothes and the remaining seven or eight were dressed in the black uniform of RAB with black bandanas around their heads.’

Salah Uddin habeas writ - new application for establishment of judicial body

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is a further application filed by the wife of Salah Uddin Ahmed,  ex-state Minister and Joint Secretary of BNP for 'direction to the opposite parties to form a high power judicial inquiry body headed by a retired Justice for finding out/produce the petitioner's husband Salah Uddin Ahmed before the court to be dealt with according to law'. The same eight respondents are named in this application as in the original habeas corpus one.

The content of the application is almost identical to that in the response to the counter affidavit, apart from the prayer seeking the judicial committee.

More material from the Habeas Corpus application can be found from the Index above
-----------

1. That the victim Salauddin Ahmed was a brilliant student. He has studied in the University of Dhaka with subject of law. He served in administration (Magistrate) …. He was former APS of former Prime Minister Begum Khaleda Zia in the period of 1991 to 1996. He is a former elected MP of Coxs Bazaar-1. He was a state minister in the period of 2001 to 2--6. He is now Joint Secretary of BNP and he is a very popular leader.

2. That the guard of the house is a eye witness of the occurrence from where the pick up of the victim Salauddin Ahmed [took place], which is published in Daily 'Prothom Alo' newspaper on 13.03.2015. Desh TV also take a interview of the guard. 

3. The police of Uttara Police Station picked up the guard of the house, from where Salauddin Ahmed was picked up by the law enforcing agencies, who is eye-witness of the occurrence and tortured him so he will not say or disclose that the law enforcing agencies picked up the victim Salauddin Ahmed. 

4. That is is stated that the petitioner's husband is picked up by the law enforcing agency on 10.03.2015 without any connection with criminal case and without any warrant of arrest of competent couts. The said news has been published in the different newspaper the following days. 

5. That the personal assistant of the victim Salauddin Ahmed, namely Osman Goni, driver Shafique and Khokon were arrested from their respective house on 07.03.2015 but police forwarded them before the Magistrate on 10.03.2015. The law enforcing agencies knowing information from them picked up Salauddin Ahmed on 10.03.2015 at about 10.30, the owner of the house from where Salauddin Ahmed  picked up said over mobile to the petitioner that the law enforcing agencies members picked up Salauddin Ahmed on 10.03.2015 at about 10.30 PM and as such it is needed to direct upon the opposite parties to form a high power judicial inquiry body headed by a retired justice for finding our/produce the petitioner's husband Salah Uddin Ahmed before the court to be dealt with according to law.

Wherefore it is most humbly prayed that your Lordships may graciously be pleased: 

A: To issue a further Rule calling upon the opposite parties to show cause as to why the opposite parties should not be directed to form a high powered judicial body headed by a retired justice for finding out and under what circumstances the petitioner's husband Salah Uddin was abducted and who was responsible for abducting him and to submit the report before this Hon'ble court for taking appropriate action/step in the matter to be dealt with according to law 

B. Pending hearing of the further rule, your Lordships further be pleased to direct upon the opposite parties to form a high power judicial inquiry body headed by a retired Justice for finding out and under what circumstances the petitioner's husband Salah Uddin Ahmed was abducted and who are responsible for abducting him and to submit the report before this Hon'ble Court for taking appropriate action/step in the matter to be dealt with according to law 

C. Upon perusal and cause shown, if any, and after hearing both the parties make the resul absolute 

D. and/or pass such other or further order or orders as to your lordship may seem fit and proper.

Salah Uddin habeas writ - response to government

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is the reply to the High Court by the lawyers to the acting for Hasina Ahmed to the response of the Attorney General concerning the alleged abduction by the state of Salah Uddin Ahmed, BNP leader, on 10 March, the subject of a writ of habeas corpus.

(Please note that some small grammatical corrections have been made to help with comprehension)
-------------------

1. That I [Mohammad Habibullah] am the Tadbirkar (applicant) of the case on behalf of the petitioner and well conversant with the fact and circumstances of the case and as such I am competent to swear this affidavit 

2. That the guard of the house is a eye witness of the occurrence from where the pick up of the victim Salauddin Ahmed [took place], which is published in Daily 'Prothom Alo' newspaper on 13.03.2015. Desh TV also take a interview of the guard. 

Copy of the 'Prothom Alo' is annexed 

Salah Uddin habeas writ: Government response

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is the response from the government to the Habeas Corpus writ lodged by the the wife of Salah Uddin Ahmed, who was allegedly taken by law enforcement authorities from a house in Uttara on 10 March 2015. Annexes 2 and 2a can be found here. Annex 3 to 8 can be found here

------------

1. That I am serving as Additional Superintendent of Police, Bangladesh Police, Police Headquarters, Dhaka and authorities by the Opposite Party No 2, and tadbirkarak on behalf of opposition party 1, 3, 4, 5, and 7 and I am conversant with the facts and circumstances of the case and as such competent to swear this affidavit. 

2. That this opposite parties have gone through the petition upon which the instant rule has been issued and understood the contents thereof and I have been instructed to controvert the statement of the petition which are necessary for dispel of the Rule and the statement of the petition which are not specifically admitted hereinafter shall deemed to have been denied by this deponent. 

3. That the statement made in paragraph No1 of the petition to the effect that the petitioner's husband has been picked up by the law enforcing agencies on 10.03.2015 at about 10.15pm are false and those are vehemently denied by this deponent.

Salah Uddin habeas writ: Correspondence from law enforcement

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

Here is the correspondence filed as annexes to the government's response to the High Court's order of 15 March relating to the alleged state abduction of BNP leader, Salah Uddin Ahmed. The order asked the respondents to 'show cause as to why they should not be directed to find out and bring up the husband of the petitioner, namely, Salauddin Ahmed before the court.' The other annexes can be found here. These documents were read out in court by the Attorney General.

Other documents relating to the habeas corpus writ can be found from the Index above
------------------

Annex 3
Letter dated: 12/3/2015

Addressed to: Deputy/Additional Police Commissioner (of Ramna/ Tejgaon/ Lalabagh/ Mirpur/ Gulshan/ Uttara/ Motijeel/Wari/DB north/DB South/DB East/DB West)
Subject: Missing BNP leader Salauddin Ahmed.

Reference: Uttara West Thana, GD no 634. Date 11.3.2015, and GD no 687, date 12.3.2015

About the above mentioned issue, there was an article in Daily Manob Jobin on 12.3.2015, ‘Family Claims that arrest of Salaudduaddin, RAB police denies’ 

There was a GD filed in Uttara West Thana – GD 634 - and under this situation you are asked to find out missing BNP leader Salauddin Ahmed, and if someone illegally abducted him, take lawful action against them. 

Signed: Joyta Shilpi.
BP no 77081216208
Senior Assistant Police Commissioner (Legal Affairs) on behalf of the commissioner, DMP

Salah Uddin habeas writ - police general diaries

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

These are unofficial translation of the two General Diaries that were submitted to the High Court as part of the government's response to the Habeas Corpus writ seeking the return of BNP leader Salah Uddin Ahmed. They were written by the officer in charge of Uttara West Police Station. They were read out in court during the proceedings.

Other documents relating to the habeas corpus writ can be found from the Index above
---------------

GD No/634. Note related to missing BNP leader Salah Uddin Ahmed and officer going out for investigation, 11. 3. 2015

I the officer in charge, Md Rafiqul Islam, Uttara West thana is filing this diary stating that on 11.3.2015 at 10.45 pm, Hasina Ahmed, the wife of the BNP’s joint general secretary Mr Salauddin Ahmed, along with 20 to 25 journalists came to the police station and verbally alleged that her husband was abducted by plain clothes men who claimed to be people of the law enforcement on 10.3.2015, at around 9 to 10 pm, from Sector 3, Road 13b, House 49b, Uttara. After some time she talked with some unknown persons on the mobile phone and said that he was taken from the second floor of the said house. I would like to mention that for filing a GD she did not bring any written application with her. Whilst asked if she was present on the scene or could present someone who was present at the scene, she replied that she did not live in that house and also cannot present someone who was at the scene. At one point she said that someone from Dubai called her and informed her about this incident.

Salah Uddin habeas writ - supplementary affidavit from Saleh Uddin wife

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is the supplementary affidavit to the habeas corpus writ, filed by the wife of Salah Uddin Ahmed, the BNP leader, who was allegedly picked up by law enforcement agencies on 10 March 2015.

Other documents relating to the habeas writ can be found in the Index above.
-------

1. That I [Md Habibullah] am the Tadbirkar [Applicant] of the case on behalf of the petitioner and well conversant with the facts and circumstances of the case and as such I am competent to swear this affidavit. 

2. That the personal assistant of victim Salah Uddin Ahmed namely Osman Goni, [and his] drivers Shafique and Khokon were arrested from their respective house on 07.03.2015 but police forwarded them before the magistrate on 10.03.2015 in Gulshan PS case no 25(02)2015 as suspected accused with a prayer for 10 (ten) days remand. After hearing, the learned magistrate allowed for a three days police remand. The police knowing information from them, having seriously tortured them, picked up Salah Uddin Ahmed on 10.03.2015 at 10.30. The owner of the house …. from where Salauddin Ahmed was picked up said over mobile to the petitioner that the law enforcing agency members picked up Salauddin Ahmed on 10.03.2015 at about 10.30. The guard of the said house  also stated that the law enforcing agencies members picked up Salauddin Ahmed on 10.03.2015 at about 10.30 which was published in 'Prothom Alo' and other media' 

Copies of the order and forwarding are annexed 

Salah Uddin habeas writ: ''Find out and bring up' to court

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This post provides details of the writ of 'Habeas Corpus' lodged in the High Court by the wife of Salah Uddin Ahmed, a  Joint-Vice President of the Bangladesh Nationalist Party,and the spokesperson of the party filed under section 491 of the Code of Criminal Procedure to the High Court in Bangladesh in Miscellaneous case no 9932. It also sets out the initial order.

The government response and other documents relating to the habeas corpus writ can be found in the Index above.
-------------

Section 491(1) of the CrPC, titled 'Power to issue directions of the nature of a habeas corpus' states:

The High Court Division may, whenever it thinks fit, direct:-
(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law;
(b) that a person illegally or improperly detained in public or private custody with such limits be set at liberty; …..

The respondents in the case are:

(1) the government of Bangladesh represented by the Ministry of Home Affairs
(2) the inspector general of police
(3) the director general of RAB
(4) the additional inspector general of police, Special Branch
(5) the additional inspector general of police, CID
(6) the deputy commissioner
(7) The commissioner, Metropolitan of police
(8) Officer in Charge, police station, Uttara

The application of Salah Uddin's lawyers, which was argued in court on the 12 March, two days after he was allegedly taken by law enforcement agents from the house where he was in hiding, reads as follows:

Salah Uddin disappearance - Prothom Alo interview of caretaker

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is a translated extract from an interview with the caretaker of the building where the BNP leader Salah Uddin Ahmed was picked up, allegedly by law enforcement authorities, published in Prothom Alo on 13 March 2015. A more extended interview was carried in New Age. To read other evidence supporting the allegation that Salah Uddin was picked up by law enforcing authorities can be found in the Index above.

"The security guard Akhter Islam yesterday said that on Tuesday at 9.15 at night, a number of vehicles and men came to the house. There were three cars standing outside the house. After some time, at about 10 pm they came in and said that "we are from DB. No problem.’ And so some of them came inside the house and Akhter said ‘Why have you come here’, and they replied, ‘You will learn about that later.’  

Akhter said that at that time, two of the men slapped him and he saw a gun with them and he was scared. So they asked Akhter to sit quiet and they went to the second floor. Akhter said, ‘Probably it was the maid that opened the door. The men were there for about 20 or 25 minutes. When they were coming down, he (Saladuddin) was blindfolded and two of them were holding him each side.’ Then they took him in  amicrobus and left. 

Akhter also said that 4 days before the arrests, the tenant of the second floor brought Salauddin as a guest. They left the flat leaving Salauddin there. After the police took Salauddin, the maid also did not show up. 

Another security guard from another building; said: ‘At around 9.15 pm that night, 4 people came to him and asked him about the house number. So he showed them the house. Two of those men were carrying arms." He thought they were from the police or the RAB."

Salah Uddin disappearance: New Age interview of caretaker

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is the interview of a key witness in the alleged abduction of the BNP leader Salah Uddin by law enforcement agencies. It was published in New Age on 16 March 2015, and is copied below. A similar interview was taken by Prothom Alo. Links to other evidence supporting the allegation that the law enforcement agencies were involved are in the Index above.

SALAH UDDIN PICK-UP

Caretaker gives account of what he saw 

March 16, 2015  

David Bergman and Taib Ahmed 

On Tuesday night, Akhter Ali, 42, was sitting in the doorway of a small room in the parking space of a block of flats located in Sector 3, Uttara.
It was nearly 9.30pm, and he was cutting vegetables for his evening meal.
For the last three months Akhter had worked as one of the two caretakers to the building where four flats had been built.
It had been a routine life as a caretaker in Uttara until then.
As he peeled vegetables, a few people entered the parking space through a small opening of the large security gates.
‘I challenged them and asked what they wanted, but they shouted back, “Shut up. Don’t say anything. We are from the detective branch,’’ Akhter Ali told New Age on Saturday night at the building where it happened.
‘They pulled up their shirts and showed their detective branch badge attached to their belts, and I could also see two pistols,’ he said.

Sukhranjan Bali disappearance - 'Witness alleges state abduction'

----------------------------------------------------------------------------------------

Go here to see INDEX of posts on Salah Uddin disappearance

----------------------------------------------------------------------------------------

This is the article, published on 16 May 2013, containing the statement from Sukhranjan Bali, a witness at the International crimes tribunal, where he confirms that he was picked up from outside the tribunal gates on 5 November 2012 and kept in a detective branch office for six weeks before being pushed over the Indian border where he was arrested by the Border Security Forces.  This article was published in the New Age newspaper on 16 May 2013, but the link no longer works, so it is being reproduced below, particularly in light of the recent Salah Uddin disappearance.

To read more about the Bali abduction see this and this

------------------

War Crimes Trial
Witness alleges state abduction 

A witness at the international crimes tribunal in Dhaka who defence lawyers claim to have been abducted from outside the court in November 2012 by law enforcement agents has been found in a Kolkata jail.
Sukhranjan Bali, a Hindu man from the southern district of Pirojpur, has confirmed that on the morning of November 5, 2012 he was taken from outside the tribunal gates by Bangladeshi law enforcement officials as he was on his way hoping to give deposition on behalf of Jamaat-e-Islami leader Delwar Hossain Sayedee.
In a statement given whilst in detention in India, Bali says that he was "abducted from the court premises in a police van and was taken to an office in Dhaka" which he later thought belonged to the Detective Branch of the police because of words on a paper stamp which he saw on the desk.