TARGETTED KILLINGS AND CONTAINMENT OF VIOLENT EXTREMISM AND A FRAUDULENT ARREST

Over the last two years  a new  phenomenon,  another  form of extremism,  as  it  were,  has  become  manifest in Bangladesh - the targeted killing of individuals. This intolerance related violence is increasing and encompasses a growing range of people whose views do not conform to traditional thinking especially views of radical groups.  Victims  represent writers,  educationists,  bloggers/free  thinkers,  editors, publishers, religious leaders,  congregations  of  religious  minorities,  secular  and  liberal  trendsetters. Killings  appear  to be  motivated  by  religious  philosophy  and  are directly  counter to Bangladeshi  ethos and  traditions of tolerance.   Killings directly threaten freedom of expression.

The blogger issue which surfaced in 2013 with the emergence of the Gonojagoran Manch saw the killing of Ahmed Rajib Haider in Mirpur, Dhaka. It highlighted the clash between liberal thinking and extreme reaction and between freedom of expression and limits to such freedom. From this death on 15 February 2013 ultimately some 9 bloggers were to be targeted and brutally killed or injured with machetes and cleavers.  

This list included:

            1. Ahmed Rajib Haider killed 15 .2.13

2.    Avijit Roy killed 25.2.15

3.    Oyasiqur Rahman Babu killed  12.5.15

4.    Ananta Bijoy Das killed  12.5.15

5.    Niladr; Chattopadhyay Niloy killed 7.8.15

6. Faisal arefin Dipan (Publisher of Avijit Roy's book) hacked to death 31.10.15

7.    Ahmedur Rashid Tutu! Publisher, critically injured 31.10.15

8.    Ranadipan  Babu  critically  injured  31. l 0.15

9.    Tarique Rahim critically injured 31.10.15

After a gap of a few months a Jagannath University law student Nazimuddin Samad was hacked to death on 6.4.16 in an attack similar to the killing of bloggers. He was said to have close links with the Ganojagoran  Manch.

His killing was followed by the brutal murder of a Professor of English of Rajshahi University Rezaul Karim Siddiquee on 24 April, 2016.  Two years previously another Professor of Sociology K.M.Shafiul Islam was stabbed to death on 15 November, 2014.    These killings came in the wake of two other professors  of economics  (Muhammad  Yunus)  and  Geology  and  Mining  (S. Taher Ahmed)  who were killed on 24 December, 2004 and I February, 2006 respectively. Militant groups claimed the killings on charges that they were atheists.

On 25 April, 2016 a Hindu priest was stabbed and killed in Gopalgang. This killing was followed by another expansion of the hit l ist to include gay rights activist Xulhaz Mannan, USAID staff and his friend Mahbub Tonoy both hacked to death on 26.4.16 in their Kalabagan flat.

Apart from Ahmed Rajib's killers not a single case has made headway though the law enforcement agencies repeatedly claimed that Islamic zealots and militant outfits were linked to the murders.

Relatives of the victims have squarely blamed the police for the escalation of the killings saying that slack investigation and failure to hunt down the masterminds contributed to a culture of impunity. In the case of Rajib Haider it was reportedly claimed that the masterminds were known viz. the Ansarullah Bangla Team and its leader REDWANUL AZAD RANA. In the case of Oyasiqur Rahman names of masterminds that reportedly surfaced included AKRAM HOSSAIN HASIB ALIAS Abdullah, JUNAED ALIAS.TAHER, MASUM ALIAS MASUD, SHARIF AND ABRAR.

None have been brought to book.

Questions have been raised regarding the ambivalence of the government and police forces and their apparent lack of commitment to pursue the cases. The Police Chief IG AKM Shahidul haque reportedly added fuel to the controversy when he urged bloggers not to hurt religious sentiments and "cross the limit" while writing on religious issues.  Bangladesh has no blasphemy law.

Meanwhile black or hit lists are surfacing on the social media (Facebook) from various sources including Ansar al Islam - so-called Bangladesh chapter of Al Qaeda in the Indian sub-continent (AQIS). US based SITE International Group has stated that Islamic State claimed responsibility for Professor Rezaul Karim Siddiquce's murder as well as Nazimuddin Samad. It also claimed responsibility for deaths of Niladri, Ananta and Faisal Arefin Dipan.

The blacklists are not consistent and include a motley array - program activists, poets, intellectuals, organizers of Ganajagoran Manch  and minority religious leaders.

Police claim that a certain group of people are planning subversive and terrorist activities to free war criminals under trial. (Major Intelligence Report was issued in October 2016 on the eve of review of the sentence of Ali Ahsan Mojaheed and Salahuddin Qader Chowdhury). Widespread speculations arc rife regarding the motivation- of targeted killings of individuals which have expanded to include foreigners (2 Italian and a Japanese national), publishers, free thinkers attacks on a Shia gathering, Christian pastors.

The important point that is surfacing is that another form of extremism has become manifest. Government seems helpless and unable to track those who are responsible. They claim there is no IS presence in the country. The Home Minister has reiterated that no base or organization exists of any global militant outfit. The government has put the blame squarely on the BNP/Jamaat  and their alleged links with terrorist  and militant outfits. What has resulted is that it has encouraged militants to take shelter behind this misleading propaganda and the real perpetrators are left untouched allowing them to expand at will this list fully confident that no action will be taken against them

Anthony Blinken US Deputy Secretary of State as late as 28 April, 2016 before a Congressional hearing disagreed with the Bangladesh government assessment that opposition parties are responsible  for these acts of violence. "What we've seen based on evidence to date is in fact that extremist groups whether they are indigenous or whether they are really identified with ISIS or DAESH are responsible".

Opinion is growing that lack of democracy makes ideal breeding ground for terrorists and that a democratically accountable government could have handled the situation better.

Reactions of the international community put the blame squarely on shoulders of the government. Across the board the world community, the United Nations and Human Rights associations have:

1.    Expressed concern or condemned the barbaric murders and rise of mindless and violent attacks

2.    They have called for thorough, effective and speedy investigation into the incidents and to bring the perpetrators to justice

3.    Questioned the impunity of government which could only contribute to the climate of intolerance and further violence

            4.  Asserted that this was not only an attack on individuals                but also an attack on freedom of expression and that         now        is the time for people to stand up and defend   fundamental rights to freedom of expression

5.    Underlined that an environment was prevailing where the assailants think they can get away with murder.

In looking to the future the International Crisis Group based in Brussels in its Report "Political Conflict, extremism and Criminal Justice in Bangladesh came up with vital prescriptions in the tactics to fight extremism. These inter-alia included that:

(i)        Government  should  change  its  present  strategy  to  contain  violent  extremism  and political threats

(ii)    Government should be reconciled with the opposition

i.                Should make political compromises

ii.                Stop targeting the opposition and silencing critics

iii.                By concentrating on targeting the opposition police are failing to contain criminality

iv.                Government needs to recognize that it is in its interest to change course lest it fail to contain violent extremes or counter political threats

Much has been made by the Awami League about a BNP connection to militancy 2nd terrorism especially in the post 9/11 2001 period. Initially in a denial mode because of its isolation and the AL's relentless propaganda, the BNP government ultimately targeted, pursued and banned extremist groups including the Harkat ul Jihadul Islam (HUJI), the Jamiatul Mujahideen Bangladesh (JMB) and the Jagrata Muslim Janata. ln a blanket all-encompassing drive government security forces arrested, prosecuted and incarcerated all key leaders including Sheikh Abdur Rahman and Bangla Bhai breaking the backbone of the movement.

BNP recognizes the potential of militancy and extremism is ever present. It has focused attention on a National Strategy for counter terrorism and extremism and formulated its position formally

FRAUDULENT ARREST OF WRITER VETERAN JOURNALIST   SHAFIK REHMAN

The second brief relates to the false and politically motivated arrest of Shafik Rehman on the claim, by the present government, that he was involved in a conspiracy "to abduct and kill" Prime Minister Sheikh Hasina's son Sajeeb Wazed Joy.

I am submitting for your closer scrutiny and understanding three background papers that will bring into sharper focus the key elements involved. These include:

                                      1.       Text of the sentence by the United States  District  Court,  Southern  District  of New  York dated March 4,  201 5 by the Hon. Vincent 1. Bricetti, District  Judge  served  on  Defendant Rizve Ahmed  (a.k.a. Caesar) 

                   2.                A feature Article in the Indian Publication "The Wire" by  David Bergman on April 20, 2016 entitled:  "Exclusive:   US Court dismissed claim of plot to injure Bangladesh  PM's son"

                       3.                Transcript of BNP Press Conference on April 23,  2016 on the false case, arrest and claims by government on Shafik Rehman.

The attempt to implicate Shafik Rehman revolves in essence around two distinct cases, one in the United States and the other in Bangladesh. It appears that a linking factor was unsubstantiated allegations made by Sajeeb Wazed Joy, Prime Minister Sheikh Hasina's son. These came out in a series of Facebook posts starting with one made on March 9, 2013.  This basically claimed that the convictions in the US Court on March 4, 2015 involved a plot in which the BNP planned to kidnap and kill him in the United States.

THE FIRST CASE:  BRIBERY SCHEME IN THE UNITED STATES

The first case involved a bribery scheme in the United States. This was started in September 201 1 and involved three men (i) Rizve Ahmed (aka Caesar), a US citizen of Bangladesh origin (son of Mohammad Ullah Mamun Vice-President of JASAS, the cultural wing of BNP) (ii) FBI Special Agent Robert Lustyik and (iii) a mutual friend Johannes Thaler. The trial began on November 17, 2014 and the case ended on March 4, 201 5 with the conviction and sentencing of all three men.  Rizve Ahmed pleaded guilty to two offences relating to bribing an FBI Agent to obtain confidential financial and other records relating to an "unnamed Bangladesh political figure".  This was believed to be Sajeeb Wazed Joy.

The background of this case as initially summarized by the US Department of Justice and derived also from the com plaint, indictment, court and plea proceedings  and sentence" by the US District Court, outlined that Thaler and Ahmed admitted to participating in a bribery scheme with Robert Lustyik a former FBI Agent hi White Plains New York whereby Lustyik sold confidential internal law enforcement information in exchange for cash.

The prosecution held that from September 201 through March 2012, Lustyik and Thaler  solicited payments from Ahmed in exchange for Lustyik's agreement to provide  internal confidential  documents and internal  law enforcement  information  pertaining to a prominent  Banglad<!sh political  figure referred  to as  Individual 1. As part of this scheme, Thaler  and Ahmed exchanged text messages regarding a contract.

In December 201 1, in exchange for $ I 000, Johannes Thaler gave Rizve Ahmed a number of confidential documents about Wazed which Robert Lustyik had illegally obtained from FBI data bases.  These included according to the government sentencing report filed with the Court in February 201 5 the following:

i.                An Internal memorandum ("The FBI Memo") that referred to Individual 1 and a sum of $ 300 million" and

ii.                A Confidential Report known as a Suspicious Activity Report (SAR) that also referred to Individual 1. (Individual I refers to Wazed Joy.) It was explained that banks or financial institutes are required to file a "SAR" report when they identify any suspicious financial transactions.  The Court documents did not provide any further information about the reference to the $300 million.

The prosecution case continued that after further discussions, Ahmed agreed in principle to pay the two men a $ 40,000 retainer fee and $ 30,000 a month in exchange for additional information on Wazed. According to the prosecutors, Ahmed represented himself to the men as someone who was working with multiple associates who also sought the documents and in formation and were willing to pay for them. Ahmed was particularly interested in getting more information about the $ 300 million.

Meanwhile, Lustyik and Thaler also exchanged text messages on how to pressure Ahmed to pay more money. In late January 2012 on learning from Thaler that Ahmed was considering using a different source to obtain confidential information about Individual 1, Lustyik texted Thaler to say "I want to kill Ahmed. I hung my ass out of the window and we got nothing. Tell Ahmed, I've got Individual l's number and I'm pissed. I will put a wire on n(and) get Ahmed and his associates to admit they want (a Bangladeshi political figure) offed n (and) we sell it to Individual l."

Prosecutors went on to allege that on January 29, 2012 the three men along with three associates  of Ahmed met at the latter's residence to discuss exchanging additional confidential law enforcement information for further cash payment. However, no contract was signed and no new money changed hands.

After the three men were arrested they all pleaded guilty to the commission of bribery offences. It is important to note that none of them were charged with any offence concerned with seeking to harm Wazed or anyone else.

The prosecution in seeking to get a more severe sentence claimed in its SENTENCING SUBMISSION that Ahmed had admitted to them during an interview that one of his purposes in bribing the FBI agent to obtain information about Wazed was to "scare", "kidnap" and "hurt" him.

The U.S. District courts records, findings and judgment make certain factors crystal clear:

1.    They flatly contradict Sajeeb Wazed and GOB claims that the bribery conviction in 2015 of the three men for illegally obtaining confidential records involved a plot to kill the son of Prime Minister Sheikh Hasina.

2.    The district court judge, at the time of sentencing specifically dismissed the prosecution claim that Ahmed had obtained information with the intention to physically  harm Sajeeb Wazed Joy.

3.    The district court judge also categorically ruled that Wazed was not a "victim" in the case.

4.    It is also to be noted that at no time did the U.S. prosecutors ever claim in court that there was any intention to "kill" the Prime Minister's son as widely reported in the Bangladesh media.

THE SECOND CASE:   A CRIMINAL CASE IN BANGLADESH

The second case involved a criminal case in Bangladesh that led to the arrest in Dhaka on April 16, 2016 of prominent writer and journalist Shafik Rehman for conspiring in the so-called plot to "kidnap and kill" Sajeeb Wazed Joy. Mahmudur Rahman, former editor of daily newspaper Amar Desh who has been jailed since 2013 in various cases, was on 18 April, 2016 also shown arrested.

As already pointed out, the only basis for the second case appears to be a Facebook post of Sajeeb Wazed Joy of March 9, 2013 claiming that he had provided a victim 's statement (NB court rejected his status as victim) before the New York District Court. Wazed without mentioning the nature of offences before the District Court stated that "Caesar (Rizve Ahmed) was promised U.S. $40,000 per month and given a first payment of $30,000 in cash directly from very senior leaders in Bangladesh. I cannot disclose their names because the investigation in ongoing. The BNP had planned to kidnap and kill me here in the U.S.".

Wazed's Facebook post resulted in the police filing a General Diary Entry in May 2015 which referred inter-alia to the criminal conviction of the three men in the U.S. as well as the allegation made by Wazed that BNP had planned "to kidnap and kill him".

Three months later, in August 2015, police followed this up by filing a First information Report (FIR) with a Dhaka Court claiming that the father of Rizve Ahmed, Mohammad Ullah Mamun, along with other BNP leaders living in Bangladesh and abroad had conspired "to kidnap and kill" Wazed in America and that Rizve Ahmed had already been jailed in the U.S. as part of this conspiracy.

It is to be noted that neither the General Diary Entry in May 2015 nor the FIR in August 2015 mentioned the names of Shafik Rehman or Mahmudur Rahman

Meanwhile, Wazed Joy's Facebook post appeared to continue pacing developments. A few hours after Shafik Rehman was arrested on April 16, 2016 for involvement in the criminal case, Wazed Joy's post on the same day read as follows "Today, our Government arrested a senior journalist and opposition BNP leader Shafik Rehman for his involvement in a plot to kidnap and kill me in the U.S. A U.S.-BNP leader's son, a former FBI agent an another American friend of both are already serving time in the U.S. for this plot...The evidence against journalist Shafik Rehman comes directly from this plot".

The connection to Shafik Rehman is attributed to a tenuous link in the sentencing submission of the prosecution viz. that Rizve Ahmed had distributed confidential information to three men for which he earned US $ 30,000.    One of the men was a Bangladeshi “journalist”.

It is emphasized that the US District Court records do not provide the identity of the journalist. The only claim made by the prosecutors is that he received confidential FBI information from Ahmed. Furthermore, prosecutors do not link the journalist to the claim that Ahmed planned to physically harm Wazed. This was categorically dismissed by the District Court Judge.

Wazed Joy came up with another FB post on April 18, 2016 to counter skepticism over the legitimacy of the arrest of Shafik Rehman. His post read: "The US Department of Justice discovered Shafik Rchman's direct involvement in the plot to kidnap and kill me. They provided this evidence to our government. I cannot disclose more but the evidence is direct and irrefutable. He was arrested because of this evidence." When asked to respond to this claim a US Department of Justice official said "we'll decline to comment." Under rules of disclosure in a criminal case the prosecution is duty bound to make over to the defense evidence behind specific allegations.  This is yet to be done.

Another example is Wazed Joy's Facebook post of April 22, 2016 in which he misquoted what he called concrete facts viz. that "according to US Court Reports convicted FBI Agent had  written  in  a  text message that Rizve Ahmed Caesar wanted to "off me". As  already  elaborated  above  what  Robert Lustyik had actually stated in his text message of late January 29 was inter-alia: "I will put a wire on n (and) get Ahmed and his associates to admit they want a Bangladeshi political figure offed n (and) we sell it to Individual l ."

Given the misrepresentation of facts few can place any credibility on Wazed Joy's assertions.

Meanwhile Shafik Rehman was placed on remand twice for 5 days each.  Mahmudur Rahman's case came up for hearing on April 25, 2015 and he too was placed on remand.

               Three factors emerge from the above narration:

1. The criminal case brought against Shafik  Rehman  is  baseless  and  without  foundation.  The charge keeps changing.  It is elastic and evolving.  Is it a plot to kill and kidnap Wazed Joy?  Or Is it a bribery attempt to obtain confidential information? There has been a deliberate attempt to suppress facts and pervert the truth. Many of the allegations regarding the so-called plot to kill Wazed Joy; to physically harm him and even to consider hi m a victim have been specifically rejected by the U.S. District Court Judge after due consideration. There can be no justification for arrest without the backing of substantial evidence. This has not been forthcoming.

2. The method of arrest and entry into the house of Shafik Rehman by the police flouted all rules of criminal procedure and was contrary to the inherent fundamental rights of Shafik Rehman. There appears to be no arrest warrant, no charge sheet, no signed order by a magistrate. By themselves such acts may have compromised the integrity of the whole case whether the allegations against Shafik Rehman were sustainable or not.

3. Police are seeking to establish culpability through extensive interrogation under remand.  To many people, this appears tantamount to obtaining confession under duress.

CONCLUSION

The fundamental question arises as to why this spurious case has been instituted and especially why now, more than a year after the convictions in the US District Court. Is it a diversion to stave off mounting criticism of the Awami League's malgovernance and continued slide into autocracy? Is it another attempt to stifle dissent by senior journalists against its record of flouting democracy, human rights and the rule of law? Is it a symptom of embarrassment over possible exposure by these same journalists of further revelations involving financial irregularity especially the flight of capital through money laundering (Swiss Leaks and the Panama Papers) and emergence of the names of prominent business supporters of the ruling party in this connection? 

This has come in the wake of numerous financial scams that have led to the plundering of thousands of crores of taka with impunity from banks, from the share market and even the sacrosanct reserves of the Central Bank. The surfacing of the Suspicious Activity Report (SAR) and "FBI Memo" regarding the sum of US $ 300 million and its connection to Individual I (Joy) provides a direct incentive and motive for targeting journalists for their investigative endeavors. There seems to be a monumental silence of the government on this recount. The question is pertinent as to why the government's lax regulatory processes have seen no serious investigation and the criminals brought to book. The accountability of this government is manifestly suspect, especially an unelected government whose legitimacy is in question.

-       Bangladesh Nationalist Party (BNP)