Below is the detail report prepared by ODHIKAR (an NGO in Bangladesh dedicated to upholding Human Rights). Tasneem Khalil (reporter for Daily Star) obtained the report from ODHIKAR and sent to us.

[Also please read
Tasneem Khalil's investigative reporting (before Cholesh murder) on the Eco Park Situation: Modhupur

Hana Shams Ahmed's article highlighting torture on the eyewitness Pratap Jambil: Nightmare in Modhupur]

WARNING: If you don’t have the stomach to read the gruesome detail of the torture please stop reading right now.

Death of Adivasi (Garo) Leader in Army Custody

Odhikar fact finding report

Odhikar conducted an on the spot fact-finding mission based on news
published in the national dailies titled ‘An Adivasi Leader Dies in
Custody’ on 20 March 2007. During fact-finding, Odhikar talked with
deceased’s family; Modhupur Kakraidh army Camp authority; the Police
authority; the Upazila authority; hospital authority; and with the
people of the locality.

During fact-finding Odhikar learnt that on 18 March 2007, four
persons, including Adivasi leader, Cholesh Richil were taken out of
the microbus they were traveling in by a team of five army members
lead by Major Toufiq from Kalibari, Muktagacha area at about 1.30 pm.
It was noted that of the five members of the army team, two were in
civil dressed. Having arrested them, they were brought to the Modhupur
Kakraidh B A D C temporary army Camp. Between approximately 6.20 pm
and 11 pm, three of them were freed from the camp. Cholesh Richil was
kept back. At about 8 pm critically injured Cholesh Richil was brought
to the Modhupur Thana Health Complex, where he later died.

Tuhin Hadima (22) (son of Hitendro Atiwarar) an eyewitness and one of
the arrested persons, told Odhikar that, he was returning home from
his wedding along with Cholesh Richil, Piren Simsung, Protap Jambila
and his new bride, Silmi Nokre in a microbus. On the way, at Kalibari
Bazar, Muktagacha area, two men blocked their way and the driver,
Shukumar Chondro, stopped the car. Three army personnel came out of a
microbus parked beside the road and requested them to open the door of
their microbus. When they opened the door, one of them asked Cholesh
Richil whether he was Cholesh Richil. No sooner had Cholesh replied in
the affirmative, they pulled him out and dragged him into their
microbus with the four others and drove off. The bride, Silmi Nokre
was left behind.

They blindfolded Cholesh Richil with two handkerchiefs that they took
from the others and then the army men told the remaining three to take
off their shirts. They did as they were told and were blindfolded
with them. The arrested men were searched for arms, but nothing was
found on them. After they were brought to the Kakraidh Army Camp, the
army men started beating them while they were still blindfolded. After
a while, they took Cholesh and Prothap to another room. Tuhin Hadima
told Odhikar that he heard the sounds of beating, as the room was
partitioned with just a particleboard, (he saw it when their
blindfolds were removed). He could hear the conversation between the
army personnel and Cholesh Richil. Cholesh was asked whether he
possessed any arms or not. He replied that he had licensed arms but
deposited it when he was earlier ordered to do so. While beating him,
the army personnel told him to admit that he had illegal arms,
otherwise he would be killed.

After a while, the army personnel came to Tuhin’s room, untied their
eyes, and asked Tuhin about their relationship with Cholesh Richil. He
said that Cholesh was his maternal uncle. He was asked whether he knew
where his uncle kept his arms. Tuhin told Odhikar, that when he said
that he knew nothing about any arms kept by his maternal uncle, they
beat him severely and went back to the room where Cholesh and Protap
were kept. The army dragged Protap into their room and tied him to a
chair. He was beaten inhumanly while two other army personnel held on
to his arms. While beating him, they shouted: we advised you
repeatedly not to move around with Cholesh Richil and earlier you
swore to us by the name of God that you would help us arrest Cholesh
Richil. You did not keep your promise, you are a traitor! Then, they
went to the room where Cholesh Richil was kept and beat him again. One
of the army personnel told others to bring pliers, red chili powder
and a blade. Cholesh was crying and saying that he could not bear it
any more. The army personnel beat him until about 6 pm. About at 6.20
pm the army told Tuhin and Piran to leave the Camp and also told them
to see Cholesh Richil for the last time. They were told they would
collect the body of Cholesh later. Tuhin and Piren went to the room
where Cholesh Richil was kept. They found him lying face down on the
floor, his body covered in bruises. Tuhin called: ‘uncle, uncle’.
Cholesh Richil did not reply but looked at them. They left the Camp
and found their relatives just outside. With the help of their
relatives, they went to the Jolsotro Church and after that returned
home.

Piren Simsung (38) son of Joidor Chiran and another of the arrested
men, told Odhikar that when they reached Kalibari Bazar, he saw the
driver of the microbus tell someone where they were on a cell phone.
After a while, two people stood in front of the microbus and beckoned
it to stop. They noticed another microbus standing just beside the
road. Three army personnel came out from the microbus, and opened the
door of their vehicle and dragged them to theirs. They were then
blindfolded. When they approached the camp, army personnel told
Cholesh to get out and run. One of the officers commented that it
would be easier if Cholesh were killed in crossfire. Another one said,
“I returned just for you. I cannot send you back alive. I will send
your dead body back.”

Cholesh’s first wife, Sondha Simsung (30) told Odhikar that she worked
at the Sisili Beauty Parlour in Baridhara, Dhaka. She was informed of
her husband’s death through a cell phone call and came to Beribaid on
the following day. She added that at about 12 pm on 19 March 2007, the
Officer in Charge of Modhupur Police Station, along with other police
Officers and constables, came to the Jolsotro Church with the dead
body of Cholesh, and handed his body over to the priest, Father
Subroto Tolentino. After completing the funeral rites, the body was
handed over to his family. On the following day, 20 March 2007,
Cholesh was buried. She said that she noticed a number of bruises all
over the body. Some of his toes and fingernails were also missing. His
arms had been cut and scratched in places with a sharp weapon. She
alleged that her husband was not a criminal. He was popular with the
Hindu and Muslim communities in their area and, above all, with the
people of the Garo community. She commented that the dishonest forest
officers could not steal trees for him. Therefore, they made him their
enemy and killed him to clear their path.

Sorpina Nokrek (23), second wife of Cholesh Richil told Odhikar that
at about 2 pm on 18 March 2007, Tuhin’s uncle Simon called her up to
say that the army had arrested Cholesh, Protap, Piren and Tuhin from
the Kalibari area. After a while, the microbus came home only with new
bride, Silmi Nokrek. Silmi told them what had happened and the family,
along with 25 villagers and relatives went to the Modhupur Police
Station. The Modhupur Thana Police told us that they had not been
brought to the police station. After that, they went to the Kakraidh
army Camp, but the guards there told them nothing and shouted at them
to leave the camp area. The army guards also said that they would send
the dead body of Cholesh Richil to the house. At about 6 pm they saw
Piren and Tuhin coming out of the Army Camp. They all came home after
a brief stop at the church. At approximately 11.30 pm, a critically
injured Protap was found in front of the house of van puller Biren
Coach in Boiragi Bazar near Magunti Nagar Bridge. Protap was admitted
into Mymansingh Hospital ward-09, Bed no. PF-1 the next day. He was
under treatment in the hospital until 11 am on March 21, 2007. After
that, he went missing and his mobile phone was switched off. Sorpina
Nokrek said that Protap was the only eyewitness of the inhuman torture
inflicted on Cholesh. She thinks either that the army had taken him
away or that he had gone into hiding. She said that when Cholesh had
left the house to go to the wedding, he had with him 8 thousand taka
and a Nokia cell phone. On the night of the incident, 18 March 2007
they tried to reach Cholesh on his cell phone. An army personnel
received the call and said that Cholesh had died.

Van puller, Biren (40) told Odhikar that between 11:00 and 11:30 pm on
18 March 2007, he heard a car stop behind his house. Some people
called him out and when he shone his lamp on them, he saw that they
were in military dress. They asked him whether he knew Protap. He
answered that he did and they told him to take him home. He took
Protap home and also said that he saw Protap had been badly injured
in some way.

Cholesh’ uncle in law, Thomas Pisangma (52) told Odhikar that Cholesh
was neither a criminal nor a robber. He admitted that Cholesh
possessed some land belonging to the Forestry Department and there was
a warrant against him in this matter. Thomas did not feel that killing
him in such a manner was necessary and wanted the punishment of the
responsible army officers. He also claimed that they went to file a
case in the Modhupur Police Station but the Officer in Charge of the
police station refused to comply with their wishes. They submitted an
FIR against the Deputy Ranger Kamrul Mojahid, and officer Jahrul Huq
and against Toufiq Elahi, Camp in Charge of Kakraidh Army Camp. Toufiq
Elahi led the operation leading to the arrest and death of Cholesh
Richil.

Local Adivasi leader Shanti Atiwara (37) told Odhikar that Cholesh
Richil’s death was a part of a conspiracy. She claimed that the driver
who drove the microbus was also involved in this incident. She said
that Piren told her that when the microbus reached the Kalibari Bazar
area, the driver, Shukumar Chondro told some one where they were on
his cell phone. After the incident, the driver was apparently missing
and his mobile phone had been switched off.

Homerick Ujin (80), Pastor of Saint Pauls Church at Pirgacha, told
Odhikar that Cholesh Richil was a hindrance to the dishonest forest
officers. They cleared their way by killing Cholesh. He was deeply
grieved when he saw that the newspapers had published fabricated news.
He also commented that the bruises and cuts on Cholesh’s body proved
how brutally he was tortured to death.

Jayong Baji, who bathed Cholesh’s body before the funeral, told
Odhikar that he found many signs of injury all over it. Cholesh had
lost his testicles and the nails of his fingers and toes had been
pulled out, while his arms carried bruises and injuries made by a
sharp weapon.

The post mortem of the body was carried out at the Tangail Sadar
Hospital. The doam (the person who assists in the dissection of bodies
in morgue / morgue attendant) of the hospital, Nirmal told Odhikar
fact finders that he saw injuries on various parts of Cholesh’s body.
However, he added that he was not authorised to give out details of
the injuries.

Adivasi leader Ajoy Mree told Odhikar that on 18 March 2007, they were
in a meeting at the office of the Upazila Nirbahi Officer’s (UNO) on
‘Sustainable Shal Forest and Adivasis’ where the officer in charge of
Modhupur Police Station and other influential people were present too.
At about 4 pm Major Toufiq Elahi joined in. The UNO asked him, ‘How
are you?’. He replied in the positive. Then the UNO commented ‘You are
fine, as your mission was successful.’ Later on, Ajoy Mree understood
that the term ‘mission’ meant the arrest of Cholesh.

Odhikar interviewed a few local correspondents of different national
dailies. While talking to Odhikar, the daily Ittefaq’s local
correspondent, Jainal Abedin commented that political reasons might be
behind the death. Madhupur had been a stronghold of the Bangladesh
Awami League for a long time and Cholesh’s contribution help the Awami
League to gain supremacy in his locality. For this reason, he
believed, there was a covert conflict between Cholesh and the UP
Chairman of number 9 Arankhola Union, Jakir Hossain. Jakir’s
brother-in-law was serving in the Bangladesh Army. By referring to
this connection, he made friends with the Head of the Kakraidh camp,
Major Taufiq Elahi. On the other hand, Cholesh got involved in a
dispute with the forest officials regarding the development of a
controversial eco-park in the area, which would uproot many Garo
families and render them homeless. He used to lead the movement
against the making of an eco-park at Madhupur. The local indigenous
(Garo) community believes that their right to livelihood, movement and
shelter will be hindered if an eco-park is developed at their
locality. They also feel that by way of developing the eco-park, their
land will be encroached upon and their identity will come under threat
of extinction. In addition, Cholesh got involved in a conflict with
Forest Department regarding the acquisition of some pieces of land by
the Forest Department. When Cholesh started his anti eco-park movement
during the regime of the last government, the Forest Department, with
the help of Zakir Hossain, entered his name into the list of
miscreants. The journalist further stated that some one informed major
Toufiq that Cholesh possessed illegal arms. He claimed that a reporter
played the role of a spy here. After the incident, when a number of
local journalists went to Major Toufiq to take his statement, Major
Toufiq told them to communicate with the secretary of the local Press
Club, Mr. Abdur Rob, who was also local correspondent of daily Amar
Desh and daily Dinkal. They talked to Abdur Rob and according to his
statement; they prepare their reports and sent to the newspaper
offices.

While talking to Odhikar, Dr. A M Parvej Rahim, the Upazila Nirbahi
Officer (UNO) of Madhupur, said that Cholesh’s death was absolutely
illegal. ACF of the Forest Department, Jahurul Huq was a senior friend
of Major Taufiq Elahi, when they were both students of Jhinaidah Cadet
College. The UNO commented that Major Taufiq arrested Cholesh only to
intimidate him, at the request of Jahurul Huq and that he had no
intention to kill him. He commented that the torture might have been a
bit severe and that, coupled with hypertension, caused Cholesh’s
death. The UNO said that Major Taufiq informed him about Cholesh’s
arrest at around 8 pm and contacted him again to say that Cholesh had
fallen ill during interrogation, expressing his grave concern over his
condition. Then the UNO asked him to immediately admit Cholesh to the
Madhupur Thana Health Complex. According to the UNO, he came to the
Madhupur Thana Health Complex at around 8:30 pm and saw Cholesh lying
on a stretcher. The doctor on duty, Quamrul Hassan told him that
Cholesh had dies approximately 30 minutes before he had been admitted
to the hospital. The inquest was held at the hospital when he was
lying on a stretcher. The UNO said a high-level administrative inquiry
into the incident was underway. Eight forest officials have been
instantly relieved from duty. However, the Deputy Ranger, Quamrul
Mujahid had not been fired yet, for the Ranger alone was empowered to
fire him, the UNO said. He added that Major Taufiq Elahi had been
transferred from the Kakraidh camp on the night of March 20. The UNO
commented that even though they were aware of everything, they had to
keep silent for the sake of the image of the government, claiming that
the present (Caretaker) government was performing very well. According
to rules, the Upazilla administration and the police administration
should be informed before carrying out such operations. However, the
Army personnel did the job with the help of the forest officers.
Unfortunately, the blame of the incident had been put on the Joint
Force but the Forest Department that was actually involved in the
incident, was not facing any allegations.

Md. Riaz Hossain, the Officer-in-Charge of Madhupur police station,
told Odhikar that the Army squad that arrested Cholesh included no
police personnel and that at around 9:55 pm on the night of March 18,
Doctor Quamrul Hassan told him over the telephone that Cholesh had
died after the Army personnel admitted him to the hospital in a
critical condition. Doctor Quamrul Hassan had submitted a written
report with the death certificate saying that Cholesh Richil died of
heart attack after an Army Warrant Officer, AKM Jamal Hossain,
admitted him to the Madhupur Thana Health Complex at around 8 pm. With
reference to his written statement, a case of Unnatural Death was
filed naming Doctor Quamrul Hassan as the plaintiff. The case number
is 02, Date 18/03/2007. He engaged an Investigation Officer to the
case and went to the Modhupur Thana Health Complex with a police
force. He added that 17 cases had been filed against Cholesh Richil.
Of them, 15 were forestry cases. Of them, two were General Register
cases recorded under Sections 379/411 and 447/427 of the Penal Code.

The Officer in Charge of Modhupur Police Station informed Odhikar that
on 20 March 2007 deceased’s first wife Sondha Simsung gave a statement
as a First Information Report (FIR) but the FIR was not recorded as a
case, but as a General Diary. The Officer in Charge said that as a
case of unnatural death was filed, no new case would be filed until
the case was closed. He added that if the Post Mortem report certified
that he had a natural death, the unnatural death case would be
dismissed. He refused to dwell any further on the matter.

Major Liakat was in charge of the Modhupur Kakraidh Army Camp when
Odhikar fact finders went there seeking information. He said that
Major Toufiq Elahi had been turned out of the camp for some
significant reason. He said that at the time of the operation, he was
not present in the area, having been given charge of the Camp on 21
March 2007. After taking over the charge of the camp, he came to know
that a number of cases were filed against Cholesh Richil in the
Modhupur Police Station. He added that Cholesh had possessed illegal
arms and occupied some lands belonging to the Forest Department. He
added that Cholesh was a listed criminal with a warrant on his head.
Since the local administration failed to arrest him, they sought help
from the army. He said that the army came to support the civil
administration. Based on the information of the civil administration,
joint forces arrested Cholesh Richil. He claimed that the death was
nothing but an accident. He added that without the permission of his
higher authority, he could say nothing more regarding the matter.

The fact-finding team left the area on 23 March 2007. In the evening
of 25 March 2007, Cholesh’s first wife Sondha Simsung (30) and local
Adivasi leader Shanti Atiwara (37) informed Odhikar, on a cell phone
that they went to the Modhupur Police Station that day. They wanted
the inquest and post mortem reports. The Officer in Charge told them
that they did not have the post mortem report in their possession and
that if they wanted it, they would have to apply to the Tangail Police
Superintendent. They were further told to apply to the District
Commissioner for the inquest report.

On 27 March, Odhikar was able to contact Major Toufiq Elahi via cell
phone. He stated that Cholesh Richil was a notorious miscreant and a
marked bandit. In answer to a question, he informed Odhikar that the
police had been trying to arrest him for the last several years but
had failed and that he was finally arrested on 18 March 2007. Major
Toufiq said that on that day, he had a meeting with the UNO and other
influential people of the locality regarding the Modhupur Forest. He
received a cell phone message that Cholesh Richil was in the Kalibari
Bazar area. At about 6 pm, following his directions, 14 army personnel
including 2 police conducted the operation to arrest him. Seeing the
presence of the law enforcement agencies, Cholesh tried to flee but
fell on the ground and was arrested. He said that he heard the news
and went to the Kakraid Army Camp and found Cholesh in a critical
condition. He was admitted to the Modhupur Thana Health Complex but he
died after a while.

Major Toufiq Elahi was informed by Odhikar about the statement of the
Upazila Nirbahi Officer. Major Toufiq Elahi expressed his suspicious
about the statement and wanted to know whether the UNO gave the
statement directly to Odhikar or whether Odhikar had colleted it from
another source. He added that if the UNO gave the statement to the
organization directly, he would pay dearly. Regarding the four
arrestees, he said they arrested only two people. He denied the arrest
of Tuhin and Piren. He also said that Cholesh had not been tortured.
When Odhikar asked him how the dead body and the others who had been
arrested received marks and bruises, he said nothing and hung up.

It is significant to mention that Major Toufiq Elahi denied his
presence at the spot but the victims, eyewitnesses and other sources
Odhikar interviewed, all corroborated that he was present at the time.
He also told Odhikar that they arrested the accused about at 6 pm but
actually, they were arrested at 1.30 pm and having taken them to the
camp at 4 pm, he then joined the meeting in the UNO office (according
to Ajay Mree).

[Below are links to previous UV posts on this horrendous incident

Cholesh Ritchil

Urgent: Modhupur eco park activist Chalesh Ritchil killed ]