Alleged extrajudicialkilling/ No proper investigation/ Risk of impunity

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

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by ODHIKAR, a member ofOMCT SOS-Torture Network, about the alleged extrajudicial killing of Mr. MohammadFozlul Haque Fozol, a 44-year-old businessman from Lamapara village,Fotullah, in Narayanganj district.

Accordingto the information collected by ODHIKAR, on 13 November 2010, at around 9:30pm, six to seven armed men in plain clothes, who introduced themselves asmembers of the Rapid Action Battalion (RAB) 11 Crime Prevention Company (CPC)-1,arrested Mr. Mohammad Fozlul Haque Fozol without any reason being given, at arelative’s tea-stall near Bhakesshori bus-stand No. 2, in Shiddhirgonj, wherehe was having tea with acquaintances. Mr. Mohammad Fozlul Haque Fozol was handcuffed,blindfolded, gagged and taken into a pickup. When he tried to flee, two of theRAB members allegedly twisted his neck and forced him to lie in the pickup. Themembers of the RAB 11 CPC-1 also reportedly threatened to open fire on thepeople on the street, who had gathered near the pickup, before they left withMr. Mohammad Fozlul Haque Fozol to an unknown location.

Accordingto the same information received, Mr. Mohammad Fozlul Haque Fozol’s sister, Ms.Sokhina Begum, started to look for her brother immediately after she wasinformed about his arrest by one of the acquaintances. She reportedly contactedthe office of RAB-11, in Shiddhirgonj, and Fotullah Police Station but theydenied having arrested him. The day after, some journalists informed her that Mr.Mohammad Fozlul Haque Fozol’s body had been found at Khanpur Hospital. There, she saw her brother’s bodywhich reportedly bore five gunshot wounds.

Accordingto a RAB 11 CPC- 1 First Information Report (FIR) filed at Shiddhirgonj PoliceStation, Mr. Mohammad Fozlul Haque Fozol was injured in crossfire between RABofficers and a group of criminals in Abu Mia’s plot, in Ati Housing area, inShiddhirgonj, on 14 November 2010, at around 4 am. The RAB stated that Mr. Mohammad FozlulHaque Fozol was shot by criminals engaged in arms trade and then taken by thepolice to the Khanpur hospital where he died under treatment (however,according to the attending doctor at the said hospital, Mr. Mohammad FozlulHaque Fozol was already dead upon arrival at the hospital). It is furtherreported that seven cases, including on charges of kidnapping, murder andextortion, had been pending against Mr. Mohammad Fozlul Haque.

The International Secretariat of OMCT is gravely concernedabout the circumstances surrouding the arrest and death of Mr. Mohammad Fozlul Haque Fozol, which seem to suggest that he may have been victimof an extrajudicial killing. The RAB has repeatedly used “crossfire killing” tocover extradudicial killing. OMCT recalls that the authorities in Bangladesh have to fulfil their obligationsunder international human rights law to protect the right to life and tobringing to justice those responsible for violating this right. OMCT is indeedconcerned that no effective investigation was conducted into the circumstancesof the arrest and killing of Mr. Mohammad Fozlul Haque Fozol.

Accordingly, OMCT calls on the competent authorities to carry out aprompt, effective, thorough, independent and impartial investigation into thekilling of Mr. Mohammad Fozlul HaqueFozol, in accordance with internationalhuman rights standards, inter alia, with the UN Principle on theEffective Prevention and Investigation of Extra-legal, Arbitrary and SummaryExecutions, the result of which must be made public, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law.

Action requested

Pleasewrite to the authorities in Bangladesh urging them to:

i. Carry out a prompt, effective, thorough,independent and impartial investigation into the killing of Mr. MohammadFozlul Haque Fozol, in accordance withinternational human rights standards, inter alia, with 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 penal, civil and/or administrative sanctions as provided by law;

ii. Guarantee, in all circumstances,the physical and psychological integrity of Mr. Mohammad Fozlul Haque Fozol family members;

iii. Ensurethat an effective remedy, including the right to full redress with compensationbe granted to the victim’s family concerned;

iv. Guarantee the respect of humanrights and the fundamental freedoms throughout the country in accordance withnational laws and international human rights standards.

Addresses

Ø Ms. Sheikh Hasina, Prime Minister, Officeof the Prime Minister, Gona Bhaban, Old Sangsad Bhaban, Tejgaon, Dhaka,Bangladesh, Fax: +880 2 811 3243, Email: info@pmo.gov.bd;pm@pmo.gov.bd

Ø Ms. Sahara Khatun, Minister for HomeAffairs, Ministry of Home Affairs, Bangladesh Secretariat Building 4, Dhaka,Bangladesh, Fax: +880 2 716 9667 or +880 2 717 1611. E-mail: minister@mha.gov.bd
Barrister Shafique Ahmed, Minister for Law, Justice andParliamentary Affairs, Ministry of Law, Justice and Parliamentary Affairs,Bangladesh Secretariat, Dhaka, Bangladesh, Fax: +880 2 7168557, E-mail: minoflaw@bdonline.com, info@minlaw.gov.bd

Ø Dr. Dipu Moni, HonorableMinister, Ministry of Foreign Affairs, Fax: +880 2 9562188, E-mail: dirfe@mofa.gov.bd
Professor Dr. Mizanur Rahman, Chairman, National Human Rights Commission,Gulpheshan Plaza (Level-11), 8, Shahid Sangbadik Selina Parvin Sarak, BoroMagbazar, Dhaka-1217, Bangladesh. Fax: +880 2 9137743. E-mail: nhrc.bd@gmail.com

Ø Mr. Mahbubey Alam, Attorney General for Bangladesh, Attorney General'sOffice, Supreme Court Premises, Dhaka, Bangladesh. Fax: +880 2 9561568. E-mail:adv_mahbubey@yahoo.com

Ø Mr. Abdus Sobhan Sikder, Secretary, Ministry of Home Affairs. Fax: +8802 7164788, E-mail : secretary@mha.gov.bd

Ø Mr. Hasan Mahmud Khandoker, InspectorGeneral of Police, Police Headquarters, Phoenix Road, Dhaka-1000, Bangladesh,Fax: +880 2 712 5840. E-mail : ig@police.gov.bd

Ø Permanent Mission of the People’s Republic ofBangladesh 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

Please alsowrite to the embassies of Bangladeshin your respective country.

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Geneva,1 April2011 Kindly inform us of any action undertaken quotingthe code of this appeal in your reply