US embassy cable - 05DHAKA1924

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