Allegedextrajudicial killing/ Risk of impunity

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention in the following situation in Bangladesh.

Briefdescription of the situation

TheInternational Secretariat of OMCT has been informed by ODHIKAR, a member ofOMCT SOS-Torture Network, about the alleged extrajudicial killing, on 12September 2012, of Mr. Mohammad Atear Rahman, also known by locals as Tofa Molla, a30-year-old farmer originally from Baroipara village in Kushtia district,living as tenant in Ataikula village in Pabna district.

Accordingto the information received, on 11 September 2012, at around 8 pm five individuals,who identified themselves as RAB-12 officials (Rapid Action Battalion[1]) pickedup Mr. Mohammad Atear Rahman from his house without providing any information.They entered into the house while Mr. Atear Rahman was having dinner and tookhim with them to an unknown location.

On 12September 2012, at around 7:00 am Mr. Mohammad Atear Rahman’s wife learned froma neighbour that her husband had died in the kashbon[2]of Chorshadipur under Kumarkhali police station. She went to Chorshadipurwhere locals told her that last night RAB had shot a man to death and took hisbody away. A post mortem was reportedly conducted in Kushtia General Hospitaland Mr. Mohammad Atear Rahman’s body was later handed over to his family.According to witnesses, the body bore three gunshot wounds on the chest.

Accordingto the First Information Report (FIR) registered before Kushtia Court, RAB membersdenied having arrested Mr. Mohammad Atear Rahman on 11 September 2012 and claimedthat Mr. Mohammad Atear Rahman was shot and killed in “crossfire” after he andhis alleged accomplices opened fire on RAB early on 12 September 2012, in the kashbonarea.

TheInternational Secretariat of OMCT is gravely concerned about the circumstancessurrounding the arrest and killing of Mr.Mohammad Atear Rahman, which seem to suggest that he may have been victim of anextrajudicial killing. The RAB has repeatedly used “crossfire killing” to coverextrajudicial killing. OMCT calls upon the competent authorities tocarry out a prompt, effective, thorough, independent and impartial investigation intothe circumstances of these events, in accordance with international humanrights standards, such as the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil their obligations underinternational human rights law to protect the right to life and to bringing tojustice those responsible for violating this right.

Action requested

Pleasewrite to the authorities in Bangladesh urging them to:

i. Carry out a prompt, effective, thorough, independent andimpartial investigation into the circumstances of the arrest and killingof Mr. Mohammad Atear Rahman, in accordance with international human rightsstandards, such as the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply adequate sanctions asprovided by law;

ii. Guarantee, in all circumstances, thephysical and psychological integrity of Mr. Mohammad Atear Rahman family members;

iii. Ensurethat an effective remedy, including the right to full redress withcompensation, be granted to the victim’sfamily;

iv. Guaranteethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards.

Addresses

Ø Ms. Sheikh Hasina, Prime Minister, Office of the Prime Minister, GonaBhaban, Old Sangsad Bhaban, Tejgaon, Dhaka, Bangladesh, Fax: +880 2 8113243,Email: info@pmo.gov.bd

Ø Mr. Muhiuddin Khan Alamgir, Minister for Home Affairs, Ministry of Home Affairs, H-16, R-25, B-A, Banani Dhaka-1213,Bangladesh, Tel: 880-2-8821334, 9883737, Email: mkalamgir@yahoo.com

Ø Barrister Shafique Ahmed, Minister for Law, Justice andParliamentary Affairs, Ministry of Law, Justice and Parliamentary Affairs,Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +88-02-7168557, Email: info@minlaw.gov.bd

Ø Mr. Hassan Mahmood Khandker, Inspector General of Police, PoliceHeadquarters, Phoenix Road, Dhaka-1000, Bangladesh, Fax: +88-02-9563362,9563363, Email: ig@police.gov.bd

Ø Ambassador Mr. Abdul Hannan, Permanent Mission of the People’s Republicof Bangladesh to the United Nations in Geneva, 65 rue de Lausanne, 1202 Geneva,Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int

Pleasealso write to the embassies of Bangladesh in your respective country.

***

Geneva,10 January 2013

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

[1] The Rapid Action Battalion (RAB) was established in2004 as a force to assist the police in combating crime. It is made up ofmembers of the armed forces and the police.

[2] A cotton field located nearby riverside.