RAPID ACTION BATTALION TRAINING: BENCHMARK

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000824

SIPDIS

FOR SCA/INSB AND DRL

E.O. 12958: DECL: 08/20/2029
TAGS: PHUM PGOV PINS PINR PTER MARR MASS BG
SUBJECT: RAPID ACTION BATTALION TRAINING: BENCHMARK
RECOMMENDATIONS TO IMPROVE HUMAN RIGHTS PERFORMANCE

REF: STATE 101210 - RAB: THE WAY FORWARD

Classified By: Ambassador James F. Moriarty. Reasons: 1.4 (b) and (d)

Summary
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1. (C) Two United States Marshals have prepared preliminary
recommendations for how the RAB can improve and safeguard its
human rights performance. The two, who were on an
S/CT-funded DOJ/ICITAP deployment, departed Dhaka in late
August after 90 days embedded with Bangladesh's lead
counterterrorism (CT) unit, the Rapid Action Battalions
(RAB). If the RAB implements these benchmark
recommendations, which have been vetted by the Country Team,
we will recommend expanding USG-provided training beyond
current human rights training as envisioned (reftel). As a
longer-term challenge, the DOJ/ICITAP team highlighted the
importance of modernizing outdated legal statutes, some
dating as far back as 1861, which provide Bangladesh law
enforcement agencies authority to use lethal force. The RAB
is the country's premiere CT unit; improving its capabilities
and professionalism is a critical component to United States'
efforts to deny terrorists space to operate in Bangladesh and
beyond. End Summary.

SETTING THE BENCHMARK HUMAN RIGHTS STANDARD
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2. (SBU) Two United States Marshals, deployed to Bangladesh
on an S/CT-funded DOJ/ICITAP Project, embedded in
Bangladesh's RAB in early June. As their 90-day Deployment
drew to a close, the DOJ/ICITAP team discussed preliminary
recommendations with the Country Team on how the RAB could
improve its human rights performance in line with the goals
outlined reftel. (Note: The Marshals will be in Washington
for outbriefs the week of August 23. End note.) The Marshals
based their recommendations on daily observations and a
comprehensive review of RAB operating procedures. RAB
officials cooperated fully during the assessment and provided
all requested information during the Marshals' assessment.
If RAB can implement these benchmark recommendations, we will
recommend expanding training to include technical and
non-lethal force training along with continuing human rights
training.

Recommendation: - STANDARD OPERATING PROCEDURES
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3. (C) Improving the internal affairs system within the RAB
is an important first step to implementing effective
accountability. There are two parts of accountability,
Standard Operating Procedures (SOP) and Internal Affairs.
SOPs include all administrative aspects of the operation.
Standing orders to include use of force, escalation of force
and tactical SOPs, INTEL assessment, operational planning,
Rules of Engagement (ROE) and special instructions all
contribute to control of the operation and accountability of
individual and unit actions regardless of whether force is
used. Having SOPs in place and followed develops a
foundation for accountability. Additionally, the RAB should
incorporate a detailed post-operations review of all
operations it conducts and submit a formal post operation
report immediately upon completion of the operation. In
cases where force is used, immediate supervisors and an
independent Internal Affairs Division should initiate
automatic reviews with results publicly available.

Recommendation: Transparent After Action Reporting
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4 (C) Post concurs with the Marshals that embedding a USG
team of forensic and crime scene analysts into the RAB would
be a positive step forward in reforming the RAB and
maintaining their cooperation. Having an embed team presents
two potential benefits. Fist, an independent body would be
able to investigate incidents involving RAB use of lethal
force. Second, the RAB would be able to observe US law
enforcement methods for investigating crime scenes. We
believe embedding a team within the RAB has the best chance
of directly changing the way in which RAB operates and making
it into a more transparent process while also gaining RAB
buy-in for deeper procedural reform.

Longer Term Goal: Updating Law Enforcement Statutes
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5. (C) Like other Bangladesh law enforcement agencies, the
RAB is governed by use of force guidelines outlined in
outdated statutes. These include the Police Act of 1861,
Code of Criminal Procedures of 1898, and the Armed Forces
(Special Powers) Ordinance, 1942. The GOB is currently
working on a draft Police Act of 2009. The drafting process
provides us with an opportunity to advocate enshrining human
rights safeguarding mechanisms, guidelines for use of lethal
and non-lethal use of force, and establishment of an
independent internal affairs system for all law enforcement.
A new Police Act could also establish a new agency similar to
U.S. Inspector Generals to investigate and prosecute illegal
law enforcement action or criminal activity.

RAB Human Rights benchmarks AND THE WAY FORWARD
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6. (C) As we press RAB to improve its human rights
performance, it is important to set goals mindful of the
speed with which we can expect the RAB to adopt the full
spectrum of desired reforms. If the RAB implements our
benchmarks, Mission Dhaka will support additional training
beyond human rights for the RAB. Such training could
initially include technical training to assist the RAB
establish organic forensic and crime scene investigation
teams, deliberate and crisis action planning, combat life
saver course, and risk mediations/assessment. The RAB also
needs non-lethal force equipment and training. These would
provide the RAB with options it currently lacks, and may help
reduce the RAB's use of lethal force, currently its only
option. Besides upgrading the RAB's effectiveness, such
training could also further improve transparency and human
rights protection mechanism. The desired end state would be
to provide the RAB with tactics, techniques, and procedures
(TTP) training.

Comment
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7. (C) An effective CT capability is critical to
safeguarding U.S. interests in Bangladesh and beyond. As
Bangladesh's only CT unit, the RAB is an essential partner
for U.S. efforts to deny terrorists space to operate.
Establishing human rights benchmarks, which demonstrably
improve human rights performance, and providing U.S. help to
RAB to achieve these benchmarks are in the direct security
and longer-term democracy and development interests of the
United States. Engaging RAB to adopt and implement these
human rights benchmarks while holding open the door to
additional training, conditional on improved human rights
performance, is the best way to promote human rights and
counter terrorism in Bangladesh and beyond.

MORIARTY