Dec. 30 2005 UPDATE:

RE: KIBRIA ASSASSINATION IN BANGLADESH

Prepared by Kibria family

Forwarded by Nazli Kibria in Mukto-Mona

Legal Developments:

As reported in a prior update letter, on November 21 2005 , the High Court of Bangladesh dismissed the familyï¿½s appeal for a complete, impartial and transparent investigation. To date the family in Dhaka and our legal team there has not received the documents which finalize the HC decision. We await the written judgement since the HC appears to have issued two somewhat contradictory verbal statements (one supporting the need for further investigation and the other dismissing our appeal) at two separate hearings.

In the meantime, newspaper reports (Janakantha Dec 26th 2005) indicate that 4 of those accused in the attack have applied for bail. A High Court judge has ruled that the confessional statements of these four persons (Shahed Ali, Joynal Abedin Momen, Zamir Ali and Tajul Islam) are invalid as the confessions were obtained with the use of police torture. The nature of these torture allegations further undermines our confidence in integrity of the investigation. Ironically, the police have refused to allow the main accused Qaiyum to make a voluntary confession in front of the magistrate (with no police present) reportedly for fear that he may incriminate certain powerful individuals. We regretfully note that there has no been active investigation into the case since April 2005 when 8 persons (including the four named above) were arrested and charged. Two additional suspects in the case remain at large. The Investigating Officer has indicated that he has no interest in pursuing the masterminds behind the killings nor the source of the grenades used in the attack.

The Kibria family will continue to press for a complete, impartial and transparent investigation.

Political Developments:

Since the countrywide bombings of August 17th 2005, Bangladesh has suffered a series of terrifying attacks by suicide bombers. The attacks have been claimed by groups related to Al-Qaeda ï¿½ Jamaatul Mujahideen Bangladesh (JMB) and Harakat-ul-Jihad-ul-Islami. Newspaper reports suggest that many of the attackers were former members of

the Islami Chatro Shibir (Islamic Students Front), the student-body arm of the

Jamaat-i-Islami, a member of the ruling coalition government.

The current government of Bangladesh has issued a number of hard-hitting public statements calling for the enactment of new laws, including a new program of domestic wiretapping and restrictions on the press. Khaleda Zia (Prime Minister) has condemned the bombings and called for a national dialogue but also continues to attribute the militant campaign to the political opposition. She also refuses to entertain any suggestion that the ruling coalition partner Jamaat-I-Islami might have ties to the militants. Bangladeshi law enforcement has quickly made a series of highly successful raids wherein militants, explosives, arms, and extremist publications have been seized. So far, most of those taken into custody appear to be low to mid ranking members of the militant outfits. Many claim to have current or former ties with Jamaat-I-Islami (coalition partner in the current government) and to have been under the protection of influential persons in government (http://www.thedailystar.net/2005/12/28/d5122801022.htm). This may explain the failure of the government investigating agencies and prosecutors in uncovering or pursuing the masterminds behind the bombings.

We continue to believe that credible investigation and impartial prosecution of these involved in the execution, planning, and funding of Shah AMS Kibriaï¿½s death as well as other grenade/bomb attacks would reduce the climate of impunity which now prevails in Bangladesh.