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 18September 2012, of Mr. Mohammad RahatAli, a 53-year-oldfarmer from Bashbaria village in Kushtia district.

Accordingto the information received, on 16 September 2012, at around 8:00 pm a group ofindividuals in plainclothes, who identified themselves as DB police (DetectiveBranch) picked up Mr. Mohammad Rahat Ali from a tea stall located at shop 15and 16 of Shah Ali Mazar Market without providing any information. They tookhim with them on a grey microbus to an unknown location.

On thesame day, when Mr. Mohammad Rahat Ali’s wife learned about the arrest of herhusband she contacted the police with the help of a local journalist. Thepolice reportedly told them that Mr. Mohammad Rahat Ali will be brought toMirpur Police Station and that they have to pay for him to be released. However,the very next day, when she contacted Mirpur Police Station the police saidthat he was not with them.

Accordingto the testimonies of Mr. Mohammad Rahat Ali’s wife and two other interviewedwitnesses, on 18 September 2012, at around 3:45 am some gunshots were heardcoming from Kursha Eidgah field, just beside Mr. Mohammad Rahat Ali’s house. Allthe testimonies confirmed that the police shot Mr. Mohammad Rahat to death andtook the body away on a van to Kushtia General Hospital for a post mortem. Thebody was later handed over to his family.

Accordingto the same information received, the police forces denied having arrested Mr.Mohammad Rahat Ali from Mazar Market on 16 September 2012. Furthermore, thepolice claimed that Mr. Mohammad Rahat Ali was a regional activist and leaderof Purbo Bangla Communist Party (ML-Red Flag), one faction of the Purbo BanglaCommunist Party[1]and that he was shot and killed in “crossfire” after he and other members ofthe party, while having a meeting at Kursha Eidgah field regarding somedestructive mission, opened fire at them on 18 September 2012 at around 3:45am.

TheInternational Secretariat of OMCT is gravely concerned about the circumstancessurrounding the arrest and killing of Mr.Mohammad Rahat Ali, which seem to suggest that he may have been victim of anextrajudicial killing. The police has repeatedly used “crossfire killing” tocover extrajudicial 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 Rahat Ali, inaccordance with international human rights standards, such as the UN Principleon the Effective Prevention and Investigation of Extra-legal, Arbitrary andSummary Executions, the result of which must be made public, in order to bringthose responsible before a competent, independent and impartial tribunal andapply adequate sanctions as provided by law;

ii. Guarantee, in all circumstances, thephysical and psychological integrity of Mr. Mohammad Rahat Ali’s 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.

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Geneva,15 January 2013

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

[1] The PBCP is a political party founded in the year 1968 following a split in theBangladesh Communist Party (BCP). With a revolutionary agenda it is outlawedsince the time of the military regime of Zia-ur-Rehman.