BANGLADESH: A man has been killed by Rapid Action Battalion-10 team in Dhaka city

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-066-2010
ISSUES: Extrajudicial killings, Impunity, Judicial system, Right to remedy, Rule of law,

Dear friends, 

The Asian Human Rights Commission (AHRC) has learned that a Rapid Action Battalion (RAB) team killed a man on 16 March 2010. The witnesses told the AHRC that Major Kamruzzaman of the RAB-10 shot the man pointing a pistol at the person’s head in a staircase of a two-storied building. The authorities have not yet registered any murder case regarding the incident. 

Please ask the authorities to hold an investigation by competent judicial officials and bring the perpetrators to justice immediately. 

CASE DETAILS: (According to family and witness of the incident) 

On 16 March 2010, at around 1pm, Mr. Rubel Ahmed went to visit his neighbour Ms. Pushpo Akhter’s home at House No. 4 of Garden Road, Sharulia area which is under the Demra police station in the city of Dhaka. A team of the Rapid Action Battalion (RAB) from RAB-10 led by Major Kamruzzaman cordoned the house as soon as Rubel arrived there. The RAB team comprised Deputy Assistant Director (DAD) Mr. Delwar Hossain, Sergeant Mr. Ferdous Ali, Sub Inspector (SI) Mr. Aminur Rahman, Constables Mr. Mohammad Ruhul Amin, Mr. Mohammad Abdul Quader, Mr. Faruk Hossain, Mr. Mohammad Pervez and Soldier Mr. Mohammad Jamshed. The members of the team, who were in plain clothes, took position at different points of the house including the rooftop of the two-storied building. 

According to the eyewitnesses, Rubel was speaking to Pushpa in her room at the first floor of the building. Suddenly after entering into Pushpa’s room Major Kamruzzaman asked Rubel’s name. In reply Rubel reportedly said that his name was Asaduzzaman. The major then called a person from his cell phone and described Rubel’s complexion and appearance. Following the conversation the officer wanted to check whether one of the teeth of Rubel was broken or not. As Rubel showed his teeth, which were broken, the RAB team handcuffed him and started beating him with fists and boots while taking him out of the room. While beating Rubel they insisted he give them his firearms, which the RAB team alleged he possessed. Then, Rubel reportedly attempted to escape from the ongoing assault and ran toward the rooftop of the house. The members of the RAB that previously took position on the rooftop caught him. 

Then, Rubel was brought to the middle of staircase between the first and second floors where Major Kamruzzaman pointed a pistol on the left side of Rubel’s head and shot him. The RAB officer also shot him in the stomach. Rubel fell on the floor bleeding from his head and abdomen, and died at the scene in few minutes. 

After the alleged extrajudicial killing of Rubel the team major Kamruzzaman of the RAB-10 asked his subordinate to shoot him in his left leg, however, it did not bleed and his colleagues bandaged his leg. The members of the team allegedly shot a number of blank shots. Major Kamruzzaman gave his pistol, which was allegedly used to kill Rubel, to his colleagues and ordered it be put beside the dead body. He also asked his colleagues to scatter the used bullets around the dead body, which was later taken to the Dhaka Medical College Hospital (DMCH) morgue. 

After making the arrangements, the RAB asked some local people, who gathered around the building hearing the sounds of gunshots and seeing the vehicles of the RAB, to identify the deceased person. They claimed that the deceased person died in “crossfire” during a “gun-battle” between the deceased and the RAB. Showing a bandage at the foot Major Kamruzzaman claimed in public that he and his colleague constable Abdul Quader had been injured. 

Contrary to the account by the RAB, the relatives of the deceased and the local people, claiming themselves as the eyewitnesses of the incident, said that no “gun-battle” took place at the time of the incident. The eyewitnesses claimed that had there have been any “gun-battle” in broad day light in a overcrowded place like Sharulia there would have been more people killed in the same incident. Besides showing the place of death, which was inside the staircase, the relatives argued that any kind of “gun-battle” was not possible inside the house. 

Rubel’s older brother claimed that a person, who is reportedly an immigrant in Japan, offered a big amount of money to Rubel a few weeks earlier to kill that person’s own wife named Ms. Sultana Akther Rupa. When Rubel refused to kill any person and revealed the information to the woman trying to save her life, the husband became vindictive to Rubel. The man allegedly hired Major Kamruzzaman of the RAB-10 by paying a huge amount of money to kill Rubel, who might be a witness of any case regarding the conspiracy of killing his wife. 

The members of Rubel’s family allege that the police and members of other law-enforcement agencies in plain clothes cordoned their house after the dead body of Rubel was brought for burial after the post-mortem. The law-enforcing agents did not allow the relatives to see the dead body and insisted them to bury the body within an hour of the arrival of the body in the evening of 17 March. The police asked the relatives not to make any noise regarding the death of Rubel anymore. 

ADDITIONAL INFORMATION: 

The Asian Human Rights Commission (AHRC) has documented many cases of extrajudicial killings that are conducted by the Rapid Action Battalion (RAB) and the Police in Bangladesh. The term “crossfire” is an invention of the Bangladeshi authorities since 2004 when the RAB was created to conduct killing of criminal suspects in the country. The AHRC has found from its documentation that the “crossfire” killings are staged drama of the paramilitary force and the police in Bangladesh. The law-enforcement agencies arrest the targeted suspects, detain them in custody and kill them during the early morning in the open air in direct shootouts. After the killing the officials start their propaganda against the deceased persons. They claim that there had been a “gun battle” between the law-enforcement agents and an alleged criminal gang resulting the death of one, two or three persons “in the line of fire” or “gunfire” or “crossfire” or “encounter”. 

In Rubel’s case, the eye-witnesses claim that there was no “gun fight” at all. Rather, it was direct killing of Rubel in the staircase of the building. The incident is a clear violation of Articles 31 (Right to protection of law), 32 (Protection of right to life and personal liberty) and 35 (Protection in respect of trial and punishment) of the Bangladesh Constitution. The person has not been given any kind of legal protection and none of the courts of the country have convicted him to execute death penalty. Thus, the actions of the RAB are illegal and unconstitutional, as per the factual information regarding the incident. 

The person was subject to any trial, which resulted in the death penalty by any court authorizing the RAB to kill in shooting. Instead, constitutionally every citizen has right to have protection of law and right to fair trial in case there is any complaint of criminal offences against him or her. 

SUGGESTED ACTION: 

Please write to the authorities below asking that they immediately intervene to ensure that the case is investigated by competent judicial officers. Those found to have been involved in the extrajudicial killing in this case must be prosecuted without delay. The families of the victims and the witnesses must be afforded adequate compensation and protection from any further harassment and threats from the law-enforcement agents. 

Please note that the Asian Human Rights Commission has written a separate letter to the UN Special Rapporteur on Extrajudicial and Summery Execution requesting his promt interventions in this case. 

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

SAMPLE LETTER

Dear _______, 

BANGLADESH: Extrajudicial killing of a man by Rapid Action Battalion in Dhaka must be prosecuted 

Name of the killed victim: Mr. Rubel, aged 30, living in Sarulia under the jurisdiction of the Demra police station in Dhaka Metropolitan City 

Name of officers who were allegedly involve in the case: 
1. Major Kamruzzaman, 
2. Deputy Assistant Director (DAD) Mr. Delwar Hossain, 
3. Sergeant Mr. Ferdous Ali 
4. Sub Inspector Mr. Aminur Rahman, 
5. Constables Mr. Mohammad Ruhul Amin 
6. Mr. Mohammad Abdul Quader 
7. Mr. Faruk Hossain 
8. Mr. Mohammad Pervez 
9. Soldier Mr. Mohammad Jamshed 

All are attached to the Rapid Action Battalion (RAB)-10 

10. Demra Police Station, Dhaka Metropolitan Police 

Place of Incident: House No. 4 of the Garden Road at Bahir Tengra of Sharulia area under the jurisdiction of the Demra police station in the city of Dhaka. 
Date of incident: 16 March 2010 

I am shocked and concerned to learn that a Rapid Action Battalion (RAB) team of the RAB-10 led by Major Kamruzzaman caught Mr. Rubel from his neighbour’s house and shot him dead at the staircase of the house. The officials of the RAB-10 claimed that they had a “gun fight” with an alleged “criminal gang” resulting in the death of Rubel in “crossfire”. I am aware that the eyewitnesses had a different account objecting to the version of the RAB-10 regarding the death of Rubel. I demand a thorough investigation into the allegation of extrajudicial killing by competent judicial officers and prosecution of the alleged perpetrators of the RAB-10, if they are found guilty. 

I have been informed that on 16 March 2010 at around 1pm the RAB-10 cordoned off the house of Mrs. Pushpo Akhter at House No. 4 of Garden Road at Sharulia area, which is under the jurisdiction of the Demra police station in the city of Dhaka. The plain clothed RAB-10 team led by Major Kamruzzaman took position at different points of the house including the rooftop of the two-storied building. 

According to the eyewitnesses, after entering into Pushpa’s room Major Kamruzzaman asked Rubel’s name. In reply Rubel reportedly said that his name was Asaduzzaman. The major then called a person from his cell phone and described Rubel’s complexion and appearance. Following the conversation the officer checked and found that one of Rubel’s teeth was broken. The RAB team handcuffed Rubel and started beating him with fists and boots while they were taking him away from the room. In the midst of the beatings the officers insisted Rubel give him firearms, which the RAB team alleged that Rubel used to possess. Then, Rubel attempted to escape from the ongoing torture and ran toward the rooftop of the house. The members of the RAB that previously took possession on the rooftop caught him. 

Then, Rubel was brought to the middle of the staircase between the first and second floors where Major Kamruzzaman pointed a pistol on the left side of Rubel’s head and shot him. The RAB officer also shot him in the stomach. He fell to the floor and was bleeding from his head and abdomen. He died at the scene a few minutes later. 

I have learned that after the alleged extrajudicial killing of Rubel Major Kamruzzaman asked one of his subordinates to shot him in his left leg, it did not bleed. His colleagues then bandaged his leg. The members of the team allegedly shot a number of blank shots from their guns. Major Kamruzzaman gave his pistol, which was allegedly used to kill Rubel, to his colleagues and ordered to it keep beside the dead body. He also asked his colleagues to scatter the used bullets around the dead body. 

After making the arrangements, the RAB asked some local people, who gathered around the building hearing the sounds of gunshots and seeing the vehicles of the RAB, to identify the deceased person. The RAB-10 officials claimed that the deceased person died in “crossfire” during a “gun-battle” between the deceased and the RAB. Showing a bandage on the foot of Major Kamruzzaman he claimed in public that he and his colleague constable Abdul Quader had been injured in the incident. 

Later the Demra police took the dead body of Rubel to the Dhaka Medical College Hospital (DMCH) morgue for post-mortem. 

Contrary to the version of the RAB, the relatives of the deceased and the local people, claiming themselves as eyewitnesses of the incident, said that no so-called “gun-battle” took place at the time of the incident. The eyewitnesses argued that had there have been any “gun-battle” in broad daylight in a overcrowded place like Sharulia there would have been more people killed in the same incident. Showing the place of death, which was inside the staircase, the relatives argued that any kind of “gun-battle” was not possible inside the house. 

Rubel’s elder brother claimed that a person, who is reportedly an immigrant in Japan, offered a big amount of money to Rubel a few weeks earlier to kill that person’s own wife named Ms. Pushpo Akhter. When Rubel refused to kill any person and disclosed the information to the woman to save her life, the husband became vindictive against Rubel. The man allegedly hired Major Kamruzzaman of the RAB-10 by paying him a huge amount of money to kill Rubel, who might be a witness of any case regarding the conspiracy of killing his wife. 

I am fully aware that the practice of extrajudicial killing in the name of “crossfire”, “encounter”, “gun fight”, “in the line of fire” by the RAB, police and other paramilitary forces and the military have been conducted continuously for around six years with blatant impunity to the alleged perpetrators. I question whether the Bangladeshi authorities have been leading the nation toward justness and rule of law or a complete lawlessness with impunity? 

I therefore urge the Bangladeshi authorities to hold a judicial probe into the alleged extrajudicial killing of Rubel. I strongly demand that the alleged perpetrators, who are responsible for the killing, must be prosecuted and the recurrence of such killings will be stopped. The family of the victim must be afforded with adequate compensation and judicial remedy for the loss they have been compelled to suffer.

I trust that you will take prompt action in this regard. 

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. Mohammad Rezaul Karim 
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. Justice Amirul Kabir Chowdhury 
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. Nur Mohammad 
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 / 717 6451 / 717 6677 
E-mail: ig@police.gov.bd 

8. Hassan Mahmood Kahndker 
Director General 
Rapid Action Battalion 
RAB Headquarter 
Uttara, Dhaka 
BANGLADESH 
Tel: + 880 2 8919078/ 880 2 8961101 
Mobile: +8801199886600 / 8801713014050/ 8801713374469 
Fax: + 880 2 896 2884 
Email: dg_rab@rab.gov.bd 

9. A K M Shahidul Hoque 
Commissioner 
Dhaka Metropolitan Police 
DMP Headquarter 
36, Shahid Captain Monsur Ali Road 
Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 8322746 
Tel: +880 2 9331555 /+88-02-8322746 
Mobile: +8801711538313 
E-mail: complain@dmp.gov.bd / emergency@dmp.gov.bd / commissioner@dmp.gov.bd 

Thank you. 

Urgent Appeal Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-066-2010
Countries : Bangladesh,
Issues : Extrajudicial killings, Impunity, Judicial system, Right to remedy, Rule of law,