Fact finding report

Opposition Activist Akramuzzaman Raja Miah

Died in Police Custody: Another Extrajudicial
Killing in Bangladesh?

1. Introduction
Extra-judicial killings in Bangladesh happen in different names. Popularly it is crossfire,
encounter, gunfight, shoot to death, tortured to death and, many others; death in custody, by
name of sickness, heart attack, or suicide seem more safe and relatively easy for law
enforcing agencies to hide killings. Death by heart attack in custody has becoming another
phenomenon in extra judicial killings in Bangladesh.
2. Death of Akramuzzaman Raja Miah: An Extrajudicial killing?
Akramuzzaman Raja Miah (55), president of Ward No 31 of Khulna City Unit of Bangladesh
Jaamat i- Islami, died in custody on 12 October 2015 night by heart attack. He was produced
before court on same day morning and denied bail, brought back in jail in good health, felt pain
in heart at evening, died in Khulna Medical College Hospital at night, according to Khulna Jail
Authority. Raja Miah was arrested by police on 27 September 2015 from his locality Azad Master
Road of the city while he was greeting people on Eid with two of his fellow Nasiruddin Mollah
and Kabir Hossain Nazmul. Later he was shown arrest under section 25B of the Special Power
Act, 1974, a widely known black law of the country, which has no option of bail, and allows
preventive detention and extend the power of the police to detain and interrogate suspects in
the name of State security. Raja Miahs family informed media that the case was false and
fabricated. Khulna District Jail Super Kamrul Islam said, Raja Miah may have been died from
mental obsession as he was arrested in non-bailable section.1
Jamaat-e-Islami in a statement claimed that Raja Miah was arrested and detained by
government unjustly, and negligence and lack of proper treatment paved the way of his
custodial death.2
The death of Akramuzzaman Raja Miah apparently seems like a normal death in custody. But
considering many previous cases, there is lot to believe that Raja Miahs case is an extrajudicial
killing.
3. Omar Siraj killed Extrajudicially in RAB Custody
Omar Sijraj, an assistant director of University Grand Commission (UGC), who had been
arrested by Rapid Action Battalion (RAB)-4 on September 18, 2015, for his suspected link with
question paper leakage, died on 1 October 2015 under RAB custody. RAB demands he died in
heart attack.

1 http://goo.gl/OBnQdO
2 http://jamaat-e-islami.org/details.php?artid=MjMyNjc=

Wife of Omar Siraj has claimed that her

husband died due to inhuman torture in
custody.
Talking to reporters at Dhaka Medical College
Hospital morgue on 2 October morning,
Sabina Yasmin Shampa, wife of Omar Siraj,
alleged that her husband had no heart
diseases. "He (Omar Siraj) was taken to
remand after the arrest. After the remand, he
was sent to jail. My husband was again taken
to remand by RAB. He died due to inhuman UGC Official Omar Siraj, a victim of extrajudicial
killing in the name of heart attack.
torture on him in the custody," she said.
Shampa said: "There was law and court. The
court was supposed to punish my husband if he was found guilty. But the RAB can't take law in
their hands."
Ashraful Alam Ashraf, elder brother of Omar Siraj, said, "He (Siraj) didn't die of cardiac
arresthe died due to inhuman torture by the RAB members as Siraj was put on RAB remand
thrice since his arrest on September 18." UGC assistant director Omar Siraj died at the National
Institute of Cardio Vascular Diseases (NICVD) at Sher-e-Banglanagar at about 7.15pm on
Thursday after RAB had admitted him there from their custody. Siraj was under remand twice
in connection with a case filed for question papers leakage. Wazed Ali, sub-inspector of Sher-eBanglanagar Police Station, said Omar had several marks of injury on his right hand, wrist and
left elbow.3
Civil society members at a rally on 2 October 2015 claimed that RAB had 'killed' the alleged
University Grants Commission (UGC) official, who was involved in the recent leaking of
Bachelor of Medicine, Bachelor of Surgery (MBBS) and Bachelor of Dental Surgery (BDS) first
year admission tests, with a view to protect the kingpins. Speakers were addressing a rally
under the banner of 'Teachers-Students -Guardians and Intellectuals Solidarity' held at the
premises of National Museum in the city's Shahbagh area. Professor Anu Muhammad, teacher
of Jahangirnagar University's Economics Department, claimed that Omar Siraj was killed in
RAB custody. "Although the elite force is claiming that Siraj died normally, but their statement
is not acceptable to general people. They killed him to save the prime culprits who were involved
in the heinous question paper leak," Prof Anu Muhammad added. Eminent columnist and
journalist Syed Abul Maksud said if the UGC official was killed for saving the key players of
question leaking racket, it was a violent criminal.4
4. Death of Nasir Uddin Ahmed Pintu
Nasir Uddin Ahmed Pintu, a former Jatiyatabadi Chhatra Dal5 chief and Member of Parliament,
died after suffering a cardiac arrest at the Rajshahi Medical College and Hospital, doctors said
on 3 May 2015. His family claimed it was a case of premeditated murder but jail officials
dismissed the allegations.

3 http://www.newsbangladesh.com/english/My-husband-died-due-to-RAB-torture--Wife-of-UGC-official/7369
4 http://www.observerbd.com/2015/10/03/113371.php#sthash.9to5RYJT.dpuf
5 Student wing of Bangladesh Nationalist Party (BNP).

BNP chief Khaleda Zia,

in
a
statement,
condemned what she
described
as
the
inhumanity of the jail
authorities.
Gross
negligence of the jail
authorities
and
disregard for doctors
advice led to Pintus
untimely death, the
former prime minister
said. He was shifted to
the Rajshahi jail from
Narayanganj on Apr 20,
a senior jail official said. BNPs International Affairs Secretary Asaduzzaman Ripon also blamed
the death on the jail authorities. Speaking to reporters at Naya Paltan, he claimed Pintu had
been shifted to Rajshahi ignoring the High Courts orders. His condition deteriorated on Apr
25. He didnt get any treatment, Ripon alleged. We dont believe he died a natural death.6
Former Member of Parliament and BNP leader Nsir Uddin Pintu

5. Two Other Incidents of Death

A local leader of Awami League (AL) died of cardiac arrest allegedly after being chased by police
at Gobindapur village in Bijoynagar upazila on 10 March 2014. The deceased was identified as
Hasan Ullah Sardar, 65, president of Ward No 1 unit of AL in Charislampur union. Locals said, a
team of police raided the village on 9 March 2014 midnight to arrest the accused in a case filed
in connection with the attack on madrasa teachers and students and members of Tabligh
Jamaat by a gang at a local mosque on 6 march evening. The victim's family members claimed
that police beat Hasan to death during the drive. Officer in-charge of Bijoynagar police station
Rasul Ahmed Nizami said that the AL man died of cardiac arrest following police chase.7
A man has reportedly died of cardiac arrest during a raid by the Rapid Action Battalion (RAB) to
recover drugs in Dhaka. RAB claimed 52-year old Moinuddin Bhuiyan Biplob, a resident of
Moghbazar, was a drug addict. Operations Officer Md Saiful Islam said they had raided a house
at Peyarabagh on 29 January 201 night and arrested three men along with Biplob with 68 pieces
of the contraband yaba tablets. The three had been caught while doing the drug, he said.
According to the RAB officer, Biplob collapsed in front of the others and doctors at a local clinic
declared him dead when he had been rushed there minutes later. RAB officer Islam claimed
Biplob's family said he had been suffering from heart-related diseases. "But he collapsed mainly
due to 'fear'," he said.8

6 http://bdnews24.com/politics/2015/05/03/bnp-alleges-negligent-death-of-its-leader-nasir-uddin-ahmed-pintu
7 http://www.thedailystar.net/chased-by-cops-al-leader-dies-of-heart-attack-14959
8 http://bdnews24.com/bangladesh/2015/01/30/a-52-year-old-man-dies-of-heart-failure-during-rab-raid

6. Statistics
As per Odhikars documentation, in 2010, a total of 109 persons died in custody. 29 died
custodial deaths in reported extrajudicial killings, 05 persons died in crossfire while in custody
of RAB, 02 were allegedly tortured to death while in custody of RAB; 01 person died in crossfire,
20 were to death in police custody while one person was shot dead by police custody. In 2010 15
BDR9 jawans died while in custody. One person committed suicide while in RAB custody,
another one also committed suicide in court custody; 02 persons died in police station and 01
person died in court custody under unknown circumstances. 60 persons also died in Jail
custody.10
Persons Tortured to Death (2009-2013)11

7. Report Human Rights Watch

The Human Rights Watch (HRW) has called for disbanding the Rapid Action Bureau (RAB)
highlighting the 800 custodial and extra-judicial deaths in its hands as the main reason.
Suspects in the 2009 mutiny12 by the Bangladesh Rifles border guards (BDR) have been
subjected to widespread abuse, torture, and deaths in custody, Human Rights Watch said in a
report released in 2012. The 57-page report, The Fear Never Leaves Me: Torture, Custodial
Deaths, and Unfair Trials After the 2009 Mutiny of the Bangladesh Rifles, provides a detailed
account of the mutiny and documents serious abuses in the aftermath, including torture by
security forces of people in custody on suspicion of planning the mutiny, and of ongoing
concerns about fair trial violations in mass trials of hundreds of suspects at a time. The
notorious Rapid Action Battalion (RAB) has allegedly been involved in many of the abuses. After
the mutiny ended, though, the army and other security agencies immediately began to round up

9 Formerly known as Bangladesh Rifles, now Border Gurard Bangladesh (BGB).
10 Human Rights Monitoring Report of Odhikar 2010.
11 Odhikar Human Rights Report 2013.
12 During the mutiny, 74 people were killed, including 57 army officers, and a number of army wives were allegedly

subjected to sexual violence. The mutiny, believed to be triggered by long-standing grievances of the lower-ranking
guards, broke out during the BDRs annual celebrations on February 25, 2009, at its central Dhaka headquarters in
Pilkhana Barracks. The newly elected government led by Prime Minister Sheikh Hasina chose to negotiate a settlement
rather than send in a heavily armed response, as demanded by the army, to quell the mutiny.

thousands of suspects. Family members of detainees and the media soon reported allegations of
torture and custodial deaths.13
Reports quickly emerged of severe torture of those detained and a high number of custodial
deaths. A study conducted by Odhikar, a leading and reputable human rights NGO based in
Dhaka, states that at least 47 BDR personnel died while in custody.[62] While some died of
natural causes, many appear to have died from torture. Odhikar conducted its own fact-finding
into these cases, and interviewed family members and consulted medical documentation when
available in each of these cases. 14 Here goes some fact finding reports:
Case of Habildar Mohiudin Ahmed
Habildar Mohiudin Ahmed was stationed at Halishore BDR barracks in Chittagong at the time
of the mutiny. His family lived in rented quarters in Dhaka near Gate 5 of the Pilkhana barracks.
His wife and children say they heard the commotion when the firing broke out. They called
Ahmed, who said things were fine in Halishore, but advised them to go to her maternal home in
Noakhali with the children.15
Ahmed continued working at Halishore barracks until he was arrested on March 22. His wife
Dolly learned of his arrest only by talking to people present during his arrest. They told her that
he had been taken by RAB-7, but no one could tell her where he had been taken. She went to
BDR headquarters, the police, and Dhaka Central jail, but she was unable to obtain information
about him. Dolly tried to reach Ahmed on his two mobile phones, but both phones were
switched off. Dolly recounted to Human Rights Watch how she found out where Ahmed was:
A neighbor told me on May 4 at night that there was a news item on TV saying Ahmed was in the
hospital, and maybe I should go. Then at midnight, about an hour later, I heard on the news that
he had died of a heart attack. I didnt know what to believe so we rushed to the hospital, and
found him dead.
According to Dolly, Ahmed had been in good health until his arrest. When she and her brothers
went to Dhaka Medical College to collect his body, she said it looked terribly bruised. Her
brother, who looked at the body more closely, said that the back area by the hip was completely
black and blue, and there were severe lacerations on the legs and his upper back.
According to his family, a post mortem report from Dhaka Medical College stated that Ahmed
had been beaten on the lower half of his body. The family filed an unlawful death case with the

13 https://www.hrw.org/news/2012/07/04/bangladesh-torture-deaths-jailed-mutiny-suspects
14 The Fear Never Leaves Me| Torture, Custodial Deaths, and Unfair Trials after the 2009 Mutiny of the Bangladesh

Rifles, JULY 4, 2012, https://www.hrw.org/report/2012/07/04/fear-never-leaves-me/torture-custodial-deaths-and-

unfair-trials-after-2009-mutiny#5f3ec3
15 Human Rights Watch interview with Mazada Akhter Dolly, Dhaka, September 24, 2011.

police. According to his family, the police investigation stated that Ahmeds body had been
found near New Market on May 4, and that he had died of a heart attack.16
Case of Mohammad Abdul Rahim
Rahim, a DAD in the Signals Sector at Pilkhana barracks, was on duty the morning of the
mutiny, organizing the arms and ammunition show for the celebrations. His family heard the
firing when the mutiny started but was unable to reach Rahim until later that afternoon. His son
managed to talk to him briefly on the phone: My father couldnt talk for long, he just said that
he wasnt in a good situation, and that if he managed to remain alive, he would meet us
somewhere outside the barracks. He said just get out, get out. His family managed to leave the
barracks the next day, when the home minister negotiated safe passage out for the army and
others stranded inside the compound.
His family did not hear from Rahim for a few days, but they did briefly see him on the TV news
when some BDR DADs were taken to negotiate with the prime minister. Rahim later told his
family that he had been arrested directly after that, and taken for interrogation by the DGFI and
Military Intelligence. He also said that at one point he had been taken to RAB-1 or RAB-2, he
wasnt sure. He did not tell his family details about his treatment, but described sleep
deprivation, and being forced to give a statement under pressure and threats. Rahim was
transferred to Dhaka Central Jail in March 2009, where he remained until his death in custody
on July 29, 2010. His son used to visit him regularly in prison, and described those visits:
My father was trying to hide from me what had happened to him, but I saw he had trouble
walking, he was almost staggering, couldnt stand. Some of the other detainees told me he was in
terrible pain, and I should bring some painkillers. Rahims family said he had been in good
health prior to this time.17
A post-mortem report indicated that Rahim had died of a heart attack. A police investigation
came to the same conclusion, but the final police report is not yet public. A human rights
observer from Ain-O-Sailish Kendra, who saw Rahims body, said Rahim looked like he weighed
no more than 40 kilograms at the time of his death and that there appeared to be torture marks
on his body.18
8. Obligations of Bangladesh
Torture in the custody of law enforcement agencies during remand is not only a criminal offence
but also a serious violation of human rights. Article 35(5) of the Constitution says that No one
shall be subjected to torture, inhuman or degrading punishment or treatment. The High Court
Division of the Supreme Court in 2003 in the matter of BLAST vs. Bangladesh gave 15 directives
regarding interrogation in remand31 and in 2013, the Parliament passed the Torture and

16

Human Rights Watch interview with Mazada Akhter Dolly, Dhaka, September 24, 2011 and Human Rights Watch
interview with Fatima Tujhura, Dhaka, September 24, 2011.
17 Human Rights Watch interview with Abdul Barek, Dhaka, June 6, 2011.
18 Human Rights Watch interview with officials of Ain o Shalish Kendra, Dhaka, June 6, 2011

Custodial Death (Prevention) Act. However, the directives of the High Court Division and the
law are violated. When anyone is arrested, it is now perceived that person will be physically or
mentally tortured.
Bangladesh is a State Party to the UN Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), but it has failed to submit its report on torture for
the fourth time at the UN Committee Against Torture. Furthermore it has, till 2013, violated its
international commitments by refusing to ensure compensation of victims. In Bangladesh, the
culture of impunity is deeply rooted in the criminal justice system. Successive Governments
have failed to investigate acts amounting to torture, prosecute the perpetrators and punish
them, while victims cannot get the compensation they deserve. Moreover, Bangladesh has put a
reservation to Article 14 of the Convention against Torture regarding compensating the victims.
Without a proper independent system to investigate such violations, without withdrawing the
reservation from CAT and with the present weak criminal justice system, torture is being
continuously practiced by law enforcement agencies, which are protected by the culture of
impunity. The Government seems reluctant to take measures to put an end to custodial violence
and contributes in this way to the perpetration of human rights violations.
9. Conclusion
The issue of custodial death is a major indicator on where a country stands in the index of rule of
law, the fundamental foundation of a democratic society. The AL-led government did not keep
that commitment. Therefore, it has been under pressure on the issue from human rights
organisation at home and abroad because custodial deaths in its regime, instead of going away,
continued with new twists. The victims of custodial deaths were no longer the alleged criminals;
those opposing the government politically also became victims that encouraged the lawenforcement agencies to carry on with their despicable acts with impunity. These agencies also
added new dimensions to their activities by placing themselves, with indulgence of the
government, above the law. In the aftermath of the BDR killings of 2009, nearly 60 of the
accused died in custody. The authorities had said they had died of heart attack. All those who
died were members of a fighting force and therefore no sensible person believed in what the
authorities had said. No sane person in the country and abroad believed in the explanation of
the authorities on custodial deaths.
The country witnessed a spate of killings at the hands of the law-enforcement agencies leading
to the January 05, 2014, elections. By then, these agencies had already been given de facto
immunity with custodial deaths/enforced disappearances and "cross-fire" deaths. These
agencies were given further encouragement to commit custodial and extra-judicial killings and
enforced disappearances because the government told them those actions were against
terrorists. That, of course, was no justification for their actions. By the time the January 05
elections were held the law-enforcement agencies seemed to have the power to do pretty much
what they wanted, particularly with those who differed with the government.19

19 http://www.thefinancialexpress-bd.com/2014/08/03/48238