BANGLADESH: Alleged extrajudicial killings of two more persons in the pretext of “crossfire” by the Rapid Action Battalion 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-343-2006
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that two more persons were killed in the name of ‘crossfire’ by the Rapid Action Battalion (RAB) in Khulna on 1 September 2006, after being arbitrarily arrested from their respective houses. The RAB-6 Commanding Officer claimed that the two persons were involved in extortion using mobile phones, which was proven false after an investigation by a local human rights team. No murder charges have yet been filed against the alleged perpetrators regarding the incident and only an unnatural death case that describes the killings as so-called “killings in encounter” has been recorded. The government authorities have still not taken any action on this case.

On the morning of 1 September 2006, a Rapid Action Battalion team arrested laundry worker Mr. Md. Shamim and chicken-seller Mr. Abul Hawladar from the Tutpara area in Khulna. Early in the morning on September 2, sounds of gunfire and hand bombs blasted throughout the streets awaking the inhabitants of Baro Khalpar, Khulna city. When local people thought that it was a robbery they began to shout at the culprits; however, the RAB officers urged them not to worry.  The RAB personnel then informed local’s that they had an ‘encounter’ with an extremist group.

According to the RAB’s news release issued that on September 2, the RAB-6 claim that they arrested Mr. Abul Hawladar and Mr. Md. Shamim from Tutpara on September 1, at around 9:00 am. During their interrogation, both men confessed that they were cashiers (toll-collector) of the underground extremist party “Janajuddho” (Mass war).  They also revealed the names of their associates, who were allegedly plotting destructive activities on a regular basis at their meetings in the Baro Khalpar area. The RAB officials claim that when they took Abul and Shamim to the Baro Khalpar area, terrorists open fired against the officials, who then replied with gunshots. The RAB officials also claim that during the ‘encounter’ between the RAB and the gang, Abul and Shamim fled the scene. The police along with local people then found their bodies and brought Abul and Shamim, to the hospital where the on duty doctors declared them dead.

The families of the deceased believe that Abul and Shamim are innocent; however, the RAB claim that the pair was extortionists. The RAB-6 Commander, Lt. Col. Shamsul Huda alleges that Abul and Shamim used their mobile phones, with numbers 01718448849 and 01718746677 respectively, to collect the money (toll) from at least 68 professionals including businessman, medical doctors, as well as government and non-government officials. Many people lodged General Diary (GD) with the Sonadanga and Khalishpur police stations of Khulna city mentioning the two telephone numbers, according to the RAB Commander.

On the other hand, the two families of the deceased have termed the deaths of Abul and Shami as “preplanned killing in the name of crossfire”. Mr. Abul’s brother Mr. Tipu Hawladar claims that Abul was a chicken seller at Jorakal area for a long time. He alleges that the RAB has given back a dead body of an innocent man. Mr. Tipu went on to expressed his deep concern and shock to why there is still no justice in the country.

Shamim’s wife Mrs. Duli Begum also said, “We were almost struggling with financial hardships in our five-year conjugal life, despite my husband used to work in two laundry shops until the late night everyday. People, who collect millions of Taka as tolls should not live in a slum like us”. She alleges that the RAB has made her a widow with the killing of her innocent husband.
On 24 September 2006, local human rights defenders visited all the police stations of Khulna city to verify the allegation of the RAB-6 Commanding Officer, Mr. Lt. Col. Shamsul Huda. The group met with the Officer-in-Charge (OC) of the Sonadanga police station, Mr. Mosharraf Hossain; the on duty officer of the Khalishpur police station, Sub Inspector Mr. Rafique; the on duty officer of the Daulatpur police station, Assistant Sub Inspector Mr. Shamsul and Sub Inspector Mr. Abdul Kader of the Khulna police station. All four police officers of the Khulna Metropolitan Police (KMP) have asserted that there was no case and no general dairy (GD) was lodged against Mr. Abul Hawladar and Mr. Shamim mentioning their respective mobile phone numbers with those police stations.

The families of the deceased persons allege that the personnel of the Rapid Action Battalion are continuously threatening them not to speak out regarding the so called “encounter” deaths of their relatives. The RAB personnel also have asked them not to contact journalists or human rights defenders. The families have been warned that if they violate the directions of the RAB personnel then they will also be killed in ‘crossfire’.

ADDITIONAL COMMENT:

The term ‘crossfire’ seems to have become a great invention by the RAB since the inception of the new paramilitary force in June 2004. This so-called special “elite force” was created to control the crimes in the country, as a law enforcing agency, following the direction of the Ministry of Home Affairs. However, it has created the tradition of killing people in direct shoot outs under the name of “crossfire”. No person has been held accountable or tried in the last two years despite a few hundred killings committed by the RAB.

The AHRC has reported several cases which illustrate the brutality of RAB officials. Some of the most recent cases are:

UA-268-2006: BANGLADESH: Two persons killed in “crossfire” at Jessore while in the custody of the Rapid Action Battalion
UA-257-2006: BANGLADESH: Alleged brutal torture and fabrication of charges towards a man after being arbitrarily arrested by the Rapid Action Battalion in Jessore
UA-106-2006: BANGLADESH: Arbitrary arrest and extra-judicial killing by the Rapid Action Battalion in Dhaka

The nature of the atrocities committed by the law-enforcing agents in Bangladesh has been revealed in a special report: Lawless law-enforcement and the parody of judiciary in Bangladesh in article 2, vol. 5, No. 4 August 2006 by the Asian Legal Resource Center (ALRC), a sister organization of the Asian Human Rights Commission (AHRC).

SUGGESTED ACTION:
Please send a letter immediately to the relevant Bangladesh government authorities listed below urging them to take prompt action to investigate the conduct of the RAB in the alleged extra-judicial killings of Abdul and Shamim.  Please also send your letters to the relevant UN agencies listed below.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

BANGLADESH: Alleged extrajudicial killings of two more persons in the pretext of "crossfire" by the Rapid Action Battalion

Name of the victim: 
1. Mr. Abul Hawladar, a chicken seller, living in Jorakol area of the Khulna city 
2. Mr. Shamim, a laundry worker, living in a slum under the Daulatpur police station in the Khulna city 
Name of alleged perpetrators: 
1. Lt. Col. Mr. Shamsul Huda, Commanding Officer of the Rapid Action Battalion (RAB)-6 deployed in Khulna 
2. Personnel attached to the Rapid Action Battalion (RAB)-6
Date of incident: 1 September 2006
Place of incidence: Baro Khalpar area in the city of Khulna

I am writing to express my deep concern about the alleged arbitrary arrest and extra-judicial killings of the two persons mentioned above, conducted by the Rapid Action Battalion (RAB) in Khulna, Bangladesh on 1 September 2006.

According to the information I have received, on the morning of 1 September 2006, a Rapid Action Battalion team arrested laundry worker Mr. Md. Shamim and chicken-seller Mr. Abul Hawladar from the Tutpara area in Khulna. Early in the morning on September 2, sounds of gunfire and hand bombs blasted throughout the streets awaking the inhabitants of Baro Khalpar, Khulna city. When local people thought that it was a robbery they began to shout at the culprits; however, the RAB officers urged them not to worry.  The RAB personnel then informed local's that they had an ‘encounter' with an extremist group.

According to the RAB's news release issued that on September 2, the RAB-6 claim that they arrested Mr. Abul Hawladar and Mr. Md. Shamim from Tutpara on September 1, at around 9:00 am. During their interrogation, both men confessed that they were cashiers (toll-collector) of the underground extremist party "Janajuddho" (Mass war). They also revealed the names of their associates, who were allegedly plotting destructive activities on a regular basis at their meetings in the Baro Khalpar area. The RAB officials claim that when they took Abul and Shamim to the Baro Khalpar area, terrorists opened fire against the officials, who then replied with gunshots. They further claim that during the 'encounter' between the RAB and the gang, Abul and Shamim fled the scene. The police along with local people then found their bodies and brought Abul and Shamim, to the hospital where the on duty doctors declared them dead.

I have come to understand that the families of the deceased believe that Abul and Shamim are innocent; however, the RAB claim that the pair where extortionists. The RAB-6 Commander, Lt. Col. Shamsul Huda alleges that Abul and Shamim used their mobile phones, with numbers 01718448849 and 01718746677 respectively, to collect payment (toll) from at least 68 professionals including businessman, medical doctors, as well as government and non-government officials. Many people lodged a General Diary (GD) with the Sonadanga and Khalishpur police stations of Khulna city mentioning the two telephone numbers, according to the RAB Commander.

On the other hand, the two families of the deceased have termed the deaths of Abul and Shami as "preplanned killing in the name of crossfire". Mr. Abul's brother Mr. Tipu Hawladar claims that Abul was a chicken seller at Jorakal area for a long time. He alleges that the RAB has given back a dead body of an innocent man. Mr. Tipu went on to expressed his deep concern and shock to why there is still no justice in the country.  

I am also aware that Shamim's wife Mrs. Duli Begum said, "We were almost struggling with financial hardships in our five-year conjugal life, despite my husband used to work in two laundry shops until the late night everyday. People, who collect millions of Taka as tolls should not live in a slum like us". She alleges that the RAB has made her a widow with the killing of her innocent husband. 

I have learned that on 24 September 2006, local human rights defenders visited all the police stations of Khulna city to verify the allegation of the RAB-6 Commanding Officer, Mr. Lt. Col. Shamsul Huda. The group meet with the Officer-in-Charge (OC) of the Sonadanga police station, Mr. Mosharraf Hossain; the on duty officer of the Khalishpur police station, Sub Inspector Mr. Rafique; the on duty officer of the Daulatpur police station, Assistant Sub Inspector Mr. Shamsul and Sub Inspector Mr. Abdul Kader of the Khulna police station. All four police officers of the Khulna Metropolitan Police (KMP) have asserted that there was no case and no general dairy (GD) was lodged against Mr. Abul Hawladar and Mr. Shamim mentioning their respective mobile phone numbers with those police stations.

The families of the deceased persons allege that the personnel of the Rapid Action Battalion are continuously threatening them not to speak out regarding the so called "encounter" deaths of their relatives. The RAB personnel also have asked them not to contact journalists or human rights defenders. The families have been warned that if they violate the directions of the RAB personnel then they will also be killed in ‘crossfire'.

I want to draw your attention to the fact that even if it is actually true that the two men were killed in 'crossfire' as claimed by the RAB, the RAB should still be accountable for their deaths as they are responsible to ensure the security of persons in their custody.

I am also deeply concerned by the alarming rate of killings in so-called ‘crossfire' by the RAB since its establishment in June 2004. In the last two years, a few hundred killings took place by the RAB in the name of ‘crossfire' and no person has been held accountable or tried for these killings. Even on the RAB record itself, they listed that 318 people ‘Died During Exchange of Fire' since their establishment in June 2004 up until September 2006. The RAB-6 unit which relates to this case has killed the highest number with 88 deaths.

In light of the above, I request that you ensure a prompt, fair and thorough investigation is taken into the conduct of the RAB-6 unit regarding the alleged extra-judicial killings of the two men concerned. If it is found that the alleged perpetrators committed crimes against the victims, then they must be made accountable for their actions and be indicted under section 302 of the Penal Code of Bangladesh.  I also urge you to take action to ensure the security of the families of the victims from possible harassment and threats from the RAB or other law enforcement personnel while the investigation is on-going. They must be adequately compensated as well.

The repeated violations by the law enforcement officers in Bangladesh point out the urgent need of training and strict discipline for all police and other law enforcement agents. Without these, such abuses will no doubt continue. I am also concerned that such violations continue despite the presence of Bangladesh on the UN Human Rights Council and having been a state party of the Convention against Torture. 

Therefore, I strongly urge you together with other government officials in Bangladesh to take genuine action to reform the current law enforcement system by introducing better training programmes, enforcing strict discipline and punishment for any misconduct and crimes against the ordinary citizens of Bangladesh.

I look forward to your urgent intervention in this matter.
  
Yours sincerely,

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

PLEASE SEND LETTER TO:

1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' Republic of Bangladesh
Office of the Prime Minister
Old Parliament House, 
Tejgaon, Dhaka 
BANGLADESH 
Tel: +880 2 8828160-79, 9888677 
Fax: +880 2 8113244 or 3243 or 1015 or 1490

2. Mr. Md. Lutfuzzaman Babar MP
State Minister 
The Ministry of Home Affairs
Government of the Peoples' Republic of Bangladesh 
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O) or 8359000 (R)
Fax: +88-02-7160405, +88-02-7164788

3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677 
Fax: +88-02-9563362 or 9563363

6. Mr. M A Aziz Sarkar
Director General (DG)
Rapid Action Battalion (RAB)
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: +88-02- 8961105 (O)
Fax: +880 2 8962884 (O)

7. Mr. Lt. Col. Md. Shamsul Huda 
Commanding Officer, RAB-6
Rapid Action Battalion (RAB) Unit 6
Khulna
BANGLADESH
Tel: +88 02 041-861276
Fax: +88 02 041-861277
E-mail: rab6bd@yahoo.com

8. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Attn: Lydie Ventre 
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org 


Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-343-2006
Countries : Bangladesh,
Issues : Extrajudicial killings,