Identifier
Created
Classification
Origin
05DHAKA1924
2005-04-25 15:11:00
CONFIDENTIAL
Embassy Dhaka
Cable title:  

HOME MINISTER AGREES TO NEW LINES OF KIBRIA CASE

Tags:  PTER PGOV KCRM PREL PHUM BG 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L DHAKA 001924 

SIPDIS

E.O. 12958: DECL: 04/25/2015
TAGS: PTER PGOV KCRM PREL PHUM BG
SUBJECT: HOME MINISTER AGREES TO NEW LINES OF KIBRIA CASE
INQUIRY


Classified By: P/E Counselor D.C. McCullough

C O N F I D E N T I A L DHAKA 001924

SIPDIS

E.O. 12958: DECL: 04/25/2015
TAGS: PTER PGOV KCRM PREL PHUM BG
SUBJECT: HOME MINISTER AGREES TO NEW LINES OF KIBRIA CASE
INQUIRY


Classified By: P/E Counselor D.C. McCullough


1. (C) Summary. On April 21. Home State Minister Babar and
Foreign Policy Adviser Rahman agreed to Ambassador's proposal
for pursuing new lines of investigation to supplement the
BDG's case against the Kibria murder suspects and, in that
context, to bring the FBI back to Bangladesh for another
round of consultations. On April 25, a MHA working level
official stated that the had no information on this
development and would have to check with his superiors for
guidance. End Summary.


2. (C) At an April 21 private lunch with Home State Minister
Babar and Foreign Policy Adviser Rahman, Ambassador noted the
continuing allegations by the Kibria family and others that
the police investigation of the Kibria murder is incomplete
and flawed. He expressed concern that during A/Legatt's
interviews of the Kibria murder suspects in Habiganj on March
27, all but one suspect -- the person who allegedly threw the
grenade -- denied their involvement and said they had been
tortured by police to give false confessions. The suspects
bore marks that appeared to be consistent with claims of
torture. The USG, Ambassador noted, cannot accept torture as
an instrument of law enforcement. Moreover, if the veracity
of the confessions come into question, there appears to be
little if any other evidence to convict the suspects.


3. (C) To supplement the BDG's case and show that it is
committed to bringing Kibria's killers to justice, Ambassador
suggested that the police take several additional
investigative steps: retrieve and log call records from
mobile and fixed line phones owned or used by the suspects;
obtain financial records for Quayyum, the alleged ringleader,
for six months prior to the attack to see who was sending him
money and if there were unusual incoming or outgoing
transfers; interview family and other persons to verify or
refute claims that the suspects were not present at an
alleged planning meeting with Quayyum; interview Awami League
members present at the attack; and interview the former
Superintendent of Police and the Officer in Charge on what
they saw at the crime scene and what they were able to
accomplish before they were transferred away from Habiganj.
If the BDG agreed to these steps, we would then ask the FBI
to return to Bangladesh to assist. Ambassador also asked for
the FBI to meet privately with Quayyum.


4. (C) Babar and Rahman agreed to the proposed lines of
inquiry, reiterating the BDG's total commitment to a full and
impartial investigation and to providing whatever cooperation
requested by the FBI. However, a private meeting with
Quayyum might be problematic under Bangladeshi law. Their
only request, they said, was 48-hour notice before the FBI
returned.


5. (C) Late April 25, P/E Counselor and RLA met with MHA
Joint Secretary Muhammad Muhsin. Muhsin asserted he had no
knowledge of the April 21 meeting or agreement but undertook
to check with his superiors for guidance. He also expressed
the view it would be difficult for the BDG to agree to a
private FBI meeting with Quayyum. Muhsin had no updates on
the Kibria case, such as whether it had been decided to refer
it to a speedy tribunal (this is the expectation, repeated by
Babar to the Ambassador) or when a court date might be set.
He did confirm that, regardless of venue, the trial would be
open to the public.


6. (C) Comment: Muhsin was exprised surprise at our proposal,
even though it had been extensively previewed to him the day
before when we set up the meeting. This is not the first
time Muhsin has had to refer matters to seniors who had
apparently not kept him in the loop. The A/Legatt who will
come to Dhaka is applying for her Bangladeshi visa and is
expected to arrive on Sunday, May 1. Our understanding of
Bangladeshi law, as explained to us by a Home Ministry legal
advisor and others, is that it is virtually impossible to
exclude a confession from trial once it has been accepted as
accurate and un-coerced by a magistrate, regardless of
whether the defendant subsequently tries to recant it.
CHAMMAS