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)
