Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the Pallabi Police of Dhaka killed an 18-year-old college student named Imtiaz Hossain Abir in so called “cross fire” on 10 January 2011. Abir was a student of higher secondary level at the Northern College of Mohammadpur in the city of Dhaka. The police and the forensic medicine professionals had covered up the extrajudicial killing as a “cross fire”, which is the official version of extrajudicial killing. There has been no credible investigation into the allegation of the extrajudicial killing of the young student and subsequent cover up of the incident.
The same police station was involved in killing of another young man, Md. Mohiuddin Arif, which was later proved to be an extrajudicial killing by a probe committee of the Ministry of Home Affairs (For further details, please see our original Urgent Appeal: AHRC-UAC-019-2010).
CASE NARRATIVE: (Based on interviews with the victim’s family and lawyers and examination of relevant documents)
Kazi Imtiaz Hossain Abir was a student of higher secondary level at the Northern College at Mohammadpur in the capital. He lived with his family at House No. 31 (Third Floor) of Road No. 21 of the Rupnagar Residential Area under the jurisdiction of Pallabi Police station in Mirpur of Dhaka Metropolitan City.
On 10 January at around 7 pm in the evening, Abir received a call on his cell phone and left his home at around 7:15 p.m. taking BDT 200.00 from his mother. His friends claim that Abir played badminton with them at a court until 8:30 pm. He then went to one of his friends’ house. As he met his friend, who was about leave for a family programme outside, Abir attempted to go back home. At that time, his mother Mrs. Monowara called him on his cell phone (number +8801675586701) he answered saying that he would be returning home in less than 30 minutes or so.
At around 9pm Abir’s mother called his cell phone again and an unknown person received the call. Abir’s mother asked the recipient who he was. The person did not answer her question and Abir’s mother repeatedly asserted that it was her son’s phone. She asked that the phone be handed to her son and for the person’s identity. Instead of replying to her request or question the man asked for her address, which she refused to share with the person. The call was disconnected by the man and since then the cell phone was found to have been switched off.
That night the family and friends searched for Abir at several locations but did not find him.
The following morning, Abir’s parents watched that a TV channel’s news bulletin which was broadcasting video footage of their son Abir. It was the version provided by the police and revealed that he was killed in “crossfire” by the Pallabi police the previous evening while allegedly preparing for a robbery with others.
The Pallabi police filed three cases against Abir regarding the incident. According to the documents regarding the cases, Assistant Sub Inspector (ASI) Mr. Md. Ismail Hossain (Badge No. 7695016392) filed the first complaint as First Information Report (FIR) no. 27 with the Pallabi Police Station at 11:05pm on 10 January under Section 19 (A) of Arms Act of 1878. Only Abir was named as the accused with four-five unidentified persons. Sub Inspector (SI) Hekmot Ali was assigned as the Investigation Officer (IO) by the Officer-in-Charge (OC) of the Pallabi police Mr. Md. Iqbal Hossain.
The police ASI Ismail Hossain claims in the FIR no. 27 that the OC of the Pallabi police informed a police patrol team led by him about a gather of five-six persons prior to a possible robbery. He, accompanying Police Constable (ID No. 2557) Md. Mazibor and Md. Saidur Rahman (ID No. 19883), went to Balurmath area, which was the alleged place of the gathering, found that indiscriminate gunshots were fired toward the police, who immediately returned fire in self-defence. All the “terrorists” fled the scene and hid in darkness. The police found one critically-injured person, who was bleeding at the time from his bullet wounds. He was holding a revolver in his right hand. The person told the officers his name as “Abir (28)” before losing consciousness. They sent Abir to a hospital (which was not named) with critical injuries. A revolver with two loaded bullets and two empty cartridges was recovered from the crime scene at 9:25pm on 10 January 2011 in presence of three persons – namely Mr. Md. Jainal Chairman (48), son of late Mr. Rajab Ali Sikder, living in Kalshi Balur Math slum, under Block-11/C (lower to the dam); Mr. Sahabuddin (45), son of late Mr. Osman Ali, living in House # 19, Lane # 7, Bauniabandh, under Block-C; and Mr. Aziz Chairman (50), son of late Mr. Surut Ali Munshi, living in a house adjacent to the Mosque of Balurmath slam, under Section-12/A of the Pallabi police station. The police took signatures from the three “witnesses” on the seizure list. They claim that ASI Ismail and constable Saidur were injured (without any details about their injuries) and received first aid from “Adhunik Hospital”, which referred them to the Rajarbag Police Hospital for further treatment.
In the second and third cases recorded as FIRs no. 28 under Sections 353, 332,333 of the Penal Code-1860; and FIR no. 29 under Sections 399,402, 302 of the Penal Code-1860 respectively with the same language and texts in the complaints except the difference of legal provisions of the penal code. SI Md. Yasin Munshi and SI Md. Ezajul Islam were made IOs for those two cases respectively.
The Asian Human Rights Commission (AHRC) has found inconsistencies in the documents related to incident of Abir’s extrajudicial murder. The police submitted a “Death Certificate” with its forwarding placed before the Chief Metropolitan Magistrate Court of Dhaka through the Deputy Commissioner (Prosecution), a police officer, of the Metropolitan Court. The Death Certificate was issued by Dr. Nurul Islam of the National Institute of Trauma and Orthopedic Rehabilitation (NITOR) of Dhaka. It does not assert the cause of death although it mentions that “there is a penetrating injury on the medial aspect of the right lower thigh about (2cm X 2cm)”. According to the Death Certificate, the time of death was “10pm (probably)” and the age of Abir was recorded as “24” while the columns of ‘father’s name’ and ‘address’ were filled in with “unknown” in the Death Certificate. But, in the forwarding the Investigation Officer (IO) Sub Inspector (SI) Mr. Hekmat Ali claims that Abir was sent to the Dhaka Medical College Hospital for treatment after his bullet wounds. In the seizure list and FIR Abir’s age was shown as “28”. In all the three complaints address of the crime scene has been written with pen although the whole document is composed in computer.
The AHRC has interviewed the local people regarding the so-called crossfire and the death of Abir. The inhabitants asserted that they were not aware of any incident of “crossfire” during the evening of 10 January 2011. Some local people, who requested that their identities not be revealed due to further security threats to them from the police said, the police came around 8:40 pm and then asked everyone, “Close your shops and go home! Don’t come out from home!” All the people went home following the pressure from the police. The inhabitants said that they heard the sound of two gun shots and after a short break one more similar sound. People became seriously scared of what was happening outside.
They also said that within few minutes the police came to three influential people of the area and showed them a dead body. The police asked the three local persons to sign on a paper which they did. Responding to questions of the human rights defenders the “witnesses” told that they had no choice but to put their signatures on the paper according to the instructions by the police for the sake of their own existence. During the interview most of the slum dwellers were found to be afraid to talk or pass any comments about this incident.
Professionals related to the forensic examination of dead bodies told the human rights defenders that the shot fired at Abir’s right thigh had been done at close range (For further understanding, please see the graphic picture here).
Abir’s relatives, including his father Mr. Golam Farukh and mother Mrs. Monowara, said that Abir’s cell phone has not been returned to the family and is not included in the seizure list. They expressed their complete frustration over the criminal justice system to defend their decision of not registering a complaint regarding the extrajudicial murder of Abir. They asked questions: have authorities ever prosecuted any personnel of the law-enforcement agencies despite the fact that a large number of innocent persons have been murdered? They argued that there are a number of wanted criminals in the city whom the people want to see behind bars. They want legal action against the police who have failed to arrest them for years. They demand answers as to why an innocent student, who did have not a single complaint against him with any police station or court of the country, should be killed and publicized as a robber. Does the government ever feel how deeply shocked and infuriated people are about these lawless murders by the government’s own agents?
On 12 January, the Deputy Commissioner of the Dhaka Metropolitan Police (DMP) for the Mirpur Zone Mr. Imtiaz Hossain visited the Bauniabandh Balurmath area as part of the DMP’s departmental investigation regarding the incident. However, the report has not been made accessible for anybody. As a matter of practice such investigations are conducted only to justify the lawless actions of the law-enforcement agencies in Bangladesh, particularly the so-called incidents of “crossfire”.
SUGGESTED ACTION:
Please write to the authorities below asking that they immediately intervene into the case and ensure that it is investigated by competent judicial officers. Those found to have been involved in the illegal arrest and subsequent fabrication of criminal charges must be prosecuted without delay. The victim’s family must be afforded adequate compensation and protection from any further harassment and threats from law-enforcement agents.
Please note that the Asian Human Rights Commission has written separate letters to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution requesting his prompt interventions in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
SAMPLE LETTER:
BANGLADESH: Extrajudicial killing of 18-years-old college student by Pallabi police deserves investigation and prosecution
Name of the victim: Imtiaz Hossain Abir, aged 18, student of higher secondary level at the Northern College of Mohammadpur in Dhaka, son of Mr. Kazi Golam Farukh, living in Rupnagar Residential area House no 31, third floor, Road no 21, Mirpur under the jurisdiction of the Pallabi police station in Dhaka Metropolitan City
Names of the alleged perpetrators:
1.Mr. Md. Ismael Hossain(ID No BP -7695016392) , Investigating Officer of a criminal case and Sub Inspector of Police, attached to the Pallabi police station, Dhaka Metropolitan Police
2.Mr. Md. Iqbal Hossain , BP No: 6387106356 ,Officer-in-Charge, Pallabi Police station,
3.Mr.Md. Hekmot Ali ,Sub Inspector of Police,
4.Mr.Md.Mojibor , Consatbale Number 2557
5. Mr. Md. Saydur Rahman, Constable ID Number 19883
All are attached to the Pallabi Police station
Date of incident: 10 January 2011
Place of incident: Baunia Balur Math area, Mirpur under the jurisdiction of the Pallabi police station in the city of Dhaka
I wish to raise my deepest concern over the unabated extrajudicial killings by the members of the law-enforcement agencies of your country as I am informed that 18-year-old college student Kazi Imtiaz Hossain Abir was extra-judicially killed by the Pallabi police on 10 January 2011. This is yet another example of extrajudicial killing by the Bangladesh police for which I demand a judicial investigation into the alleged incident and prosecution of the alleged perpetrators. The victim’s family and witnesses of the case must be protected from any further harassment by the police or governmental agencies. The government must stop its law-enforcing agencies from killing persons in the pretext of crossfire immediately.
I have been informed that Abir was returning home after playing badminton with his friends until 8:30 pm. On his way home his mother Mrs. Monowara called him on his cell phone (number +8801675586701) and he answered saying that he would be returning home in less than 30 minutes or so.
At around 9pm Abir’s mother called his cell phone again and an unknown person received the call. Abir’s mother asked the recipient who he was. The person did not answer her question and Abir’s mother repeatedly asserted that it was her son’s phone. She asked that the phone be handed to her son and for the person’s identity. Instead of replying to her request or question the man asked for her address, which she refused to share with the person. The call was disconnected by the man and since then the cell phone was found to have been switched off.
That night the family and friends searched for Abir at several locations but did not find him.
The following morning, Abir’s parents watched that a TV channel’s news bulletin which was broadcasting video footage of their son Abir. It was the version provided by the police and revealed that he was killed in “crossfire” by the Pallabi police the previous evening while allegedly preparing for a robbery with others.
I am aware that the Pallabi police filed three cases against Abir after killing him. According to the documents regarding the cases, Assistant Sub Inspector (ASI) Mr. Md. Ismail Hossain filed the first complaint as First Information Report (FIR) no. 27 with the Pallabi Police Station at 11:05pm on 10 January under Section 19 (A) of Arms Act of 1878. Only Abir was named as the accused with four-five unidentified persons. Sub Inspector (SI) Hekmot Ali was assigned as the Investigation Officer (IO) by the Officer-in-Charge (OC) of the Pallabi police Mr. Md. Iqbal Hossain.
The police ASI Ismail Hossain claims in the FIR no. 27 that the OC of the Pallabi police informed a police patrol team led by him about a gather of five-six persons prior to a possible robbery. He, accompanying Police Constable (ID No. 2557) Md. Mazibor and Md. Saidur Rahman (ID No. 19883), went to Balurmath area, which was the alleged place of the gathering, found that indiscriminate gunshots were fired toward the police, who immediately returned fire in self-defence. All the “terrorists” fled the scene and hid in darkness. The police found one critically-injured person, who was bleeding at the time from his bullet wounds. He was holding a revolver in his right hand. The person told the officers his name as “Abir (28)” before losing consciousness. They sent Abir to a hospital (which was not named) with critical injuries. A revolver with two loaded bullets and two empty cartridges was recovered from the crime scene at 9:25pm on 10 January 2011 in presence of three persons – namely Mr. Md. Jainal Chairman (48), son of late Mr. Rajab Ali Sikder, living in Kalshi Balur Math slum, under Block-11/C (lower to the dam); Mr. Sahabuddin (45), son of late Mr. Osman Ali, living in House # 19, Lane # 7, Bauniabandh, under Block-C; and Mr. Aziz Chairman (50), son of late Mr. Surut Ali Munshi, living in a house adjacent to the Mosque of Balurmath slam, under Section-12/A of the Pallabi police station. The police took signatures from the three “witnesses” on the seizure list. They claim that ASI Ismail and constable Saidur were injured (without any details about their injuries) and received first aid from “Adhunik Hospital”, which referred them to the Rajarbag Police Hospital for further treatment.
In the second and third cases recorded as FIRs no. 28 under Sections 353, 332,333 of the Penal Code-1860; and FIR no. 29 under Sections 399,402, 302 of the Penal Code-1860 respectively with the same language and texts in the complaints except the difference of legal provisions of the penal code. SI Md. Yasin Munshi and SI Md. Ezajul Islam were made IOs for those two cases respectively.
I have learned from the Asian Human Rights Commission (AHRC), that they found inconsistencies in the documents related to incident of Abir’s extrajudicial murder. The police submitted a “Death Certificate” with its forwarding placed before the Chief Metropolitan Magistrate Court of Dhaka through the Deputy Commissioner (Prosecution), a police officer, of the Metropolitan Court. The Death Certificate was issued by Dr. Nurul Islam of the National Institute of Trauma and Orthopedic Rehabilitation (NITOR) of Dhaka. It does not assert the cause of death although it mentions that “there is a penetrating injury on the medial aspect of the right lower thigh about (2cm X 2cm)”. According to the Death Certificate, the time of death was “10pm (probably)” and the age of Abir was recorded as “24” while the columns of ‘father’s name’ and ‘address’ were filled in with “unknown” in the Death Certificate. But, in the forwarding the Investigation Officer (IO) Sub Inspector (SI) Mr. Hekmat Ali claims that Abir was sent to the Dhaka Medical College Hospital for treatment after his bullet wounds. In the seizure list and FIR Abir’s age was shown as “28”. In all the three complaints the address of the crime scene has been written with pen although the whole document is composed in computer, which appears that the police fabricated the information in the complaints.
I have been informed during interviews with human rights defenders the inhabitants asserted that they were not aware of any incident of “crossfire” during the evening of 10 January 2011. Some local people, who requested that their identities not be revealed due to further security threats to them from the police said, the police came around 8:40 pm and then asked everyone, “Close your shops and go home! Don’t come out from home!” All the people went home following the pressure from the police. The inhabitants said that they heard the sound of two gun shots and after a short break one more similar sound. People became seriously scared of what was happening outside.
The inhabitants also said that within few minutes the police came to three influential people of the area and showed them a dead body. The police asked the three local persons to sign on a paper which they did. Responding to questions of the human rights defenders the “witnesses” told that they had no choice but to put their signatures on the paper according to the instructions by the police for the sake of their own existence. During the interview most of the slum dwellers were found to be afraid to talk or pass any comments about this incident.
Professionals related to the forensic examination of dead bodies told in their opinion pointing to the nature of bullet injury that the shot fired at Abir’s right thigh had been done at close range.
I am also aware that Abir’s cell phone has not been returned to the family and is not included in the seizure list. The cell phone’s call list could be a stronger evidence for asserting who made the last calls before Abir was taken to be killed. Besides, the finger prints on the cell phone set could also be important evidence regarding the identification of the person, who received the call when Abir’s mother call the phone and received by an unknown person that insisted her to tell her address. I ask the question as to why the police did not return the cell phone or not included the cell phone in the seizure list.
I am informed that the authorities have not ever prosecuted any personnel of the law-enforcement agencies despite the fact that a large number of innocent persons have been murdered. By ensuring blatant impunity to the perpetrators of such extrajudicial killings do the authorities want to increase the frustration of the people on the country’s criminal justice system?
Does the government ever feel how deeply shocked and infuriated people are about these lawless murders by the government’s own agents?
On 12 January, the Deputy Commissioner of the Dhaka Metropolitan Police (DMP) for the Mirpur Zone Mr. Imtiaz Hossain visited the Bauniabandh Balurmath area as part of the DMP’s departmental investigation regarding the incident. However, the report has not been made accessible for anybody. As a matter of practice such investigations are conducted only to justify the lawless actions of the law-enforcement agencies in Bangladesh, particularly the so-called incidents of “crossfire”.
I hope to see your prompt action regarding this case.
Yours sincerely,
—————
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Sheikh Hasina
Prime Minister
Government of the People’s Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
2. Mr. A. B. M. Khairul Haque
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868
6. Prof. Mizanur Rahman Khan
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743
E-mail: nhrc.bd@gmail.com
7. Mr. Hassan Mahmud Khandker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
8. Mr. Benzir Ahmed
Commissioner
Dhaka Metropolitan Police (DMP)
The DMP Headquarters
1, Shaheed Captain Monsur Ali Road
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-8322746 (O)
Fax: +88-02-8322746 (O)
E-mail: pcdmp@police.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
