BANGLADESH: Two persons killed in “crossfire” at Jessore while in the custody of the Rapid Action Battalion 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-268-2006
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that two persons were killed in the name of “crossfire” by the Rapid Action Battalion (RAB) in Jessore district, Khulna division on 16 July 2006, after being arbitrarily arrested in Dhaka on July 14. Their families allege that the two men were killed after failing to pay a bribe to the RAB personnel in exchange for their lives. No murder charges have yet been filed against the alleged perpetrators regarding the incident and only an unnatural death case have been recorded which describe the deaths as so-called “killings in crossfire”. The government authorities have still taken no action on this case.

In the afternoon of 14 July 2006, a Rapid Action Battalion team arrested business partners Harun-ur-Rashid and Aslam Hossain at their travel agency in Dhaka. The same evening they were handed over to a RAB-6 unit responsible for Jessore district, Khulna division, Bangladesh. According to the Jessore RAB, Harun and Aslam confessed under interrogation to having hidden illegal arms at two different places.

Relatives of the two men allege that RAB personnel contacted them and offered their lives in exchange for 700,000 Taka (USD 10,000). The price was too high for the families, who could not raise even a third of the amount. The two men became able to manage 200,000 Taka (USD 2,860) by which the RAB were not convinced. Finally, both men were later killed in an incident involving so-called “crossfire”.

According to the RAB version, at 3:40am on July 16, Hossein was taken to Shekhhati Taraf Nawapara village three kilometres east of Jessore town, purportedly to recover illegal weapons, when he was supposedly killed by “crossfire” when his associates ambushed the RAB unit. He was declared dead at the Jessore General Hospital. The RAB said that it seized one pipe gun and three bullets at the scene. RAB-6 DAD Jonab Ali lodged two complaints against Hossain with the district central (Kotwali) police station in Jessore district on the same day under the Penal Code and the Arms and Explosives Act (case numbers: 54 and 55). The police and RAB alleged that Hossein already had cases against him for allegedly murdering eight persons in three separate incidents.

The RAB also claim that on the same morning, they took Rashid to Krishnabati village beside the Jessore- Kolkata highway, four kilometres west of Jessore, with the intention of recovering weapons. In a carbon-copy story, a group of Rashid’s followers reportedly were ambushed and the victim was killed in “crossfire” as he tried to flee. The RAB said that it seized one pistol and one bullet from the place. Again, Abul Kashem Razib, A Deputy Additional Director (DAD) of the RAB-6, lodged two cases with the district central (Kotwali) police station in Jessore district on the same date (case numbers: 56 and 57), while the RAB and police claimed that the victim had five cases against him for the murder of nine persons.

According to villagers, both victims had been involved in criminal activity over a decade ago but had surrendered under a general amnesty in 1999. They succeeded in getting bail in the cases that were finally lodged against them and started a business in Jessore. The Jessore district central (Kotwali) police station confirmed to independent fact-finders that there had been no complaints lodged against either of the men anywhere in the country since 1999. Their relatives said that both of the men had stayed away from crime, despite tremendous pressure from certain politicians to do work for them, and had moved to Dhaka to escape their past lives.

Some suspicions arose about the nature of the deaths of Harun-ur-Rashid and Aslam Hossain. Their families fear that the two men became victims of “crossfire” by the RAB after the disclosure of the information regarding RAB’s bargaining for money. The local people say that the RAB always give almost same version of the explanation regarding the deaths of people in their custody as seen in these two cases, which virtually showed the same nature except the name of the person killed and the place of the incident. Besides, like this case, no witnesses usually appear for these deaths caused during “crossfire”, as they strangely took place during the time between midnight and 6:00am according to the RAB versions.

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. The RAB should be able to explain why they took the two men to the villages “very early in the morning” at 3:40am and did not occur during daylight in order to retrieve the weapons. This operation was obviously conducted under improper circumstances that did not ensure the safety of the detainees.

ADDITIONAL COMMENT:

Arbitrarily arresting people, extracting money from them and threatening to kill someone in “crossfire” by the personnel of the RAB are common practices in Bangladesh. The term “killings during crossfire” seems to become a great invention by the RAB since the inception of this 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 shout outs in the name of “crossfire”. No person has been held accountable or tried in last two years despite a few hundred killings committed by them.

Even on the RAB website itself, they listed under Achievements that 283 people have “Died During Exchange of Fire” since their set up in June 2004 up until July 2006. The RAB-6 unit which relates to this case has killed the highest number with 80 deaths (See further: http://www.rabbd.com/arrestnother.html).
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 Harun and Aslam.  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: Two persons killed in "crossfire" at Jessore while in the custody of the Rapid Action Battalion

Name of the victim: 
1. Mr. Harun-ur-Rashid, aged 35, son of the late Mr. Abdur Rahman 
2. Mr. Aslam Hossain, son of Mr. Mokam Sardar 
(Both victims are business partners running a travel agency in Dhaka and resided in Talbaria village under Kotwali police station in Jessore district, Khulna division, Bangladesh)
Name of alleged perpetrators: 
1. Major Shahin, commander in charge of the Jessore district unit of the Rapid Action Battalion (RAB)-6 
2. Personnel attached to the Jessore district unit of the Rapid Action Battalion (RAB)-6
Date of incident: 16 July 2006
Place of incidence: Places in Dhaka and Jessore districts

I am writing to express my deep concern about the alleged arbitrary arrest, bribery attempt and extra-judicial killing of the two persons mentioned above by the Rapid Action Battalion in Jessore district, Khulna division, Bangladesh on 16 July 2006.

According to the information I have received, on the afternoon on 14 July 2006, a unit of the Rapid Action Battalion (RAB) arrested Mr. Harun-ur-Rashid and Mr. Aslam Hossain, who are business partners running a travel agency in Dhaka. The same evening they were handed over to a RAB-6 unit responsible for the Jessore district. According to the Jessore RAB, Harun and Aslam confessed under interrogation to having hidden illegal arms at two different places.

However, relatives of the two men allege that RAB personnel contacted them and offered their lives in exchange for 700,000 Taka (USD 10,000). The price was too high for the families, who could not raise even a third of the amount. The families of the two men allege that they might have been killed in the name of "crossfire" after failing to pay the bribes to the RAB personnel.

According to the RAB version, at 3:40am on July 16, Hossein was taken to Shekhhati Taraf Nawapara village three kilometres east of Jessore town, purportedly to recover the illegal weapons, when he was supposedly killed by "crossfire" after his associates ambushed the RAB unit. RAB-6 DAD Jonab Ali lodged two complaints against Hossein with the district central (Kotwali) police station in Jessore district on the same day under the Penal Code and the Arms and Explosives Act (case numbers: 54 and 55). The police and RAB alleged that Hossein already had cases against him for allegedly murdering eight persons in three separate incidents.
 
The RAB also gave a carbon-copy story regarding the death of Rashid. They claim that on the same morning, they took Rashid to Krishnabati village beside the Jessore- Kolkata highway, four kilometres west of Jessore, with the intention of recovering weapons. The victim was killed in "crossfire" as he tried to flee, while a group of Rashid's followers reportedly ambushed. Again, Abul Kashem Razib, A Deputy Additional Director (DAD) of the RAB-6, lodged two cases with the district central (Kotwali) police station in Jessore district on the same date (case numbers: 56 and 57), while the RAB and police claimed that the victim had five cases against him for the murder of nine persons.

However, according to The Jessore district central (Kotwali) police station, there had been no complaints lodged against either of the men anywhere in the country since both victims had surrendered under a general amnesty in 1999.

In addition, some suspicions arose about the nature of the deaths of two men. It is very doubtful that the RAB always gives almost the same version of the explanation regarding the deaths of people in their custody as seen in these two cases. Ironically, like this case, no witness usually appears for most of the deaths caused in "crossfire", as they strangely took place during the time between midnight and 6:00am (according to the RAB versions). 

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. They should be able to explain why they took the two men to the villages "very early in the morning" at 3:40am but not in daylight to discover weapons although this is not obviously proper circumstances that ensure the safety of the detainees.      

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 283 people "Died During Exchange of Fire" since their establishment in June 2004 up until July 2006. The RAB-6 unit which relates to this case has killed the highest number with 80 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 Babor
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-268-2006
Countries : Bangladesh,
Issues : Extrajudicial killings,