Public Interest Lawyers is an extraordinary firm of solicitors, who must be – certainly should be – the pride of the legal profession. Through their tenacity, quality and sheer hard work – often from unpromising beginnings and in dark times for public funding – they have single-handedly been responsible for shining the torchlight of legal accountability in a range of new areas. The work continues unabated. No barrister or judge, here or in Strasbourg, could have come to deal with the sorts of human rights issues which PIL continues to raise, but for their principled and brave pursuit of justice.

 

PIL demonstrates three further important things. First, how positive and constructive can be the use of public funding in public law cases, in the public interest. It has been hard. But PIL and the LSC have forged a partnership which is second to none, as to the importance of the cases that are brought, their success and their wider impact. Secondly, PIL demonstrates that London does not always lead, and a London-centric focus is neither helpful nor fair. This firm, from what are still sometimes thought of as “the provinces”, is the nation’s leader for human rights application in challenging cases. That PIL is looking, as a Birmingham-based firm. How refreshing for it to be that way.Thirdly, let it not be forgotten that PIL was set up as a new firm of solicitors. This is not the further and continued work of an established firm, set up long ago when times were different. This was an innovation; a leap of faith in the rule of law. It was a boat launched in a sea of uncertainty, which has turned out to be the flagship for public law accountability under the rule of law.

 

Michael Fordham QC
Michael Fordham QC
 
 

Lawyers take UK to High Court over torture of Bangladeshi MP

Public Interest Lawyers (PIL) has issued an application for judicial review over the UK’s failure to take effective steps to end the brutal torture of Salauddin Quader Chowdhury, a leading opposition figure in Bangladesh and its most senior politician.

 

Mr Chowdhury, who is 63 years old and suffers from a serious heart condition, was arrested ten weeks ago.  He has been tortured relentlessly ever since by the Rapid Action Battalion (RAB), a shadowy paramilitary unit trained by the UK out of the Foreign Office’s counter-terrorism budget. RAB has been described by Human Rights Watch as a “government death squad”. 

 

The UK’s Role

 

As reported in The Guardian, the WikiLeaks diplomatic cables published in December exposed the UK’s training of RAB despite the United States’ serious concerns over the units systematic abuse of human rights.   The US, in line with its legal obligations, refused to deal with RAB in any way, but noted that the UK was training it under the auspices of the National Policing Improvement Agency.  This is despite repeated statements to Parliament by Foreign Office Ministers highlighting the “serious concerns about reports of extra judicial killings and torture by the Rapid Action Battalion and the civilian police”. 

 

Torture and “Crossfire”

 

RAB is known to be responsible for hundreds of extra-judicial killings since it was established in March 2004.  According to the unit itself, the UK was providing support to it as recently as October 2010 despite Bangladesh’s public statements that “the Government will need to continue with extra judicial killings, commonly called crossfire”.  RAB freely admits to being responsible for more than 600 deaths resulting from such “crossfire”. 

 

Mr Chowdhury’s torture

 

Mr Chowdhury’s son, Fayyaz, a British national, has obtained evidence that RAB is now attempting to kill his father by inducing a heart attack.  Mr Chowdhury has already suffered from one attack on 5 February.  His torture has also been recorded by Amnesty International.

The torture techniques employed against Mr Chowdhury include:

·      repeated beating to the face and head with boots whilst being pinned down to the ground;

·      repeated strikes to his heels using a bat, causing bones in one heel to break;

·      using a blade to slit the right side of his stomach several times;

·      ripping out toenails using implements;

·      pushing needles under his fingernails;

·      tying him to a chair and taking turns to kick his body with boots and to beat him with bats;

·      pouring cold water into his nose while holding his mouth shut, inducing vomit;

·      placing clamps on his genitals, abdomen, nipples and underarms;

·      applied electric shock for two hours at a time before massaging his body for four hours to enable it to recover;

·      repeated hitting to the elbows using a bat; and

·      holding Mr Chowdhury’s mouth and nose shut until he almost fainted.  This was repeated several times.

 

Fayyaz and his family have made desperate attempts to force the Foreign Secretary, William Hague, to take effective action to ensure that Mr Chowdhury’s torture is brought to an end.  To date, the Foreign Secretary has been content to take assurances from Bangladesh at face value despite the clear evidence of torture, the notoriety of the unit the UK trained and the UK’s own international law responsibility for what is happening to Mr Chowdhury as a result.  Fayyaz has therefore been forced to take Mr Hague to the High Court.

 

The Charges

Mr Chowdhury was originally arrested in relation to an alleged arson attack.  Once in custody, an arrest warrant was issued relating to offences allegedly committed during the 1971 war of independence from Pakistan, in respect of which Bangladesh has established an “International Crimes Tribunal” maligned for its apparent lack of fair trial safeguards.  Mr Chowdhury could be the first individual to face the tribunal but is currently being detained without charge.

 

Whilst in custody, he has been prevented from communicating freely with his lawyers or doctors.  He strongly denies the charges against him, which he believes are politically-motivated and part of wider attempts by the Bangladeshi Government to remove its opponents. If convicted, Mr Chowdhury faces the death penalty.  His arrest and torture has caused outrage in Bangladesh. 

 

Reaction 

 

Fayyaz Quader Chowdury said today:

 

“My father's torturers told him that he would not live to see the end of his trial. He is being denied independent medical treatment and evaluation because they are afraid that his torture will be exposed publicly all over the world – this is just another way of inflicting torture upon him.” 

 

According to Phil Shiner, the solicitor leading Fayyaz’s legal team:

 

“The UK is up to its neck in this.  It has been responsible for training this death squad and is therefore separately responsible for what it is now doing to this respected, elderly politician.  If it truly repudiates torture, then the Coalition Government must now act swiftly and decisively to save Mr Chowdhury’s life while it still can.” 


Other stories

Click on a story to read

  BBC: Baha Mousa book and Marie Colvin honoured by Orwell Prize ...
  HIGH COURT GRANTS PERMISSION TO PROCEED WITH JUDICIAL REVIEW IN AFGHAN KILLINGS CASE...
  Guardian: British soldier under investigation for murder over shooting of young Afghans...
  Guardian: Labour abstention on workfare bill prompts party infighting...
  The Independent: First Al-Sweady witnesses to appear...
  DWP seeks law change to avoid benefit repayments after Poundland ruling...
  Judicial Review launched against Birmingham City Council over cuts to "Shelforce" - a supported disa...
  The Times: Lawyer of the week – Tessa Gregory...
  BBC: Al-Sweady inquiry opens in UK into deaths of Iraqis...
  Birmingham City Council threatened with Judicial Review proceedings over cuts to 'Shelforce' - a sup...
  Open Democracy: Home Secretary, please call off the attack on kidney patient Roseline Akhalu ...
  Court of Appeal Rules that the Government’s “Back to Work” Regulations are Unlawful and Must Be Quas...
  Verdict on Government’s “Back to Work” schemes will be handed down tomorrow, Tuesday 12 February 201...
  Verdict on Government’s “Back to Work” schemes will be handed down on Tuesday 12 February 2013 at 10...
  BBC: New Iraq abuse cases by British forces go to High Court...
  Public Interest Lawyers respond to false reports in the Sun Newspaper regarding cases relating to Af...
  Legal Challenge to Doncaster Mayor's Decision to Reduce Library Funding wins Permission to Appeal...
  Observer: Is Britain guilty of systemic torture in Iraq?...
  Ali Zaki Mousa (no.2) and Others v Secretary of State for Defence...
  Legal Challenge to Cuts to North Somerset Youth Services Wins Permission to Appeal...
  New Statesman: The trials of Roseline Akhalu...
  Maya Evans case: secret courts, torture and avoiding embarrassment...