FACT-FINDING REPORT: Attacked on the Village of Indigenous People to Grab Land and Pond: Many of Them Assaulted

The news headed on “Attacked on the Village of Indigenous People to Grab Land and Pond: Many of Them Assaulted” at Dulahar village in Nachole upazila under Chapai Nababgong district was published on the daily “Prothom Alo” as well as other most of the Bengali and English daily news paper in Bangladesh on 23 June 2009. The news came to knowledge at the concern authority of Bangladesh Institute of Human Rights (BIHR) and a fact-finding investigation mission has been conducted by a team of Bangladesh BIHR & NHRD comprising Md. Ehshanul Haque and Md. Abu Musha Ashowary from June 29 to 30, 2009. The information that has been collected by the mission is given bellow:

BIOGRAPHIC INFORMATION: Name of the Victims : 01 Sreemoti Lal Muni Mahali W/f: Sree Hiralal Mahali 02 Sreemoti Sumi Mahali W/f: Sree Hiralal Mahali 03 Sreemoti Mayna Mahali W/f-Sree sontosh Mahali 04 Sreemoti austomi Mahali W/f: Sree Modhu Mahali 05 Sreemoti Tuluni Mahali W/f: Sree lalu Mahali 06 Sreemoti Alguni Mahali W/f: Sree Shirish Mahali 07 Sreemoti Prembal Mohali W/f: Sree ratikanto Mahali 08 Sreemoti Sandha Rani Mahali W/f:Late Chandra Mahali 09 Sreemoti Shanti Mahali D/o: Sree suchin Mahali 10 Sreemoti Dinmoni Mahali W/f: Sree Jadu Mahali 11 Sreemoti Minibal Mahali W/f: Sree Ajaru mahali 12 Sreemoti Provati Mahali W/F: Sree ananda Mahali 13 Sreemoti Mini Mahali W/f: Sree Khikon Mahali 14 Sreemoti Batasi Mahali W/F: Sree Kar 15 Sreemoti Danu Bala Mahali W/f: Sree Gurupad Mahali 16 Sreemoti khusi Mahali W/f: Sree Gurupad Mahali 17 Sreemoti Tuluni Mahali W/f: Vajhori Mahali 18 Sreemoti Aduri Mahali W/f: Nanda Mahali 19 Sreemoti Binoti Mahali W/F: Sree Goman Sarkar mahali 20 Sreemoti Guti Mahali W/f: Sree Sadin Mahali 21 Sreemoti Kosolla mahali W/F: Sree Vadu Mahali 22 Sreemoti Nandorani Mahali W/F: Sree Gobinda Mahali 23 Sreemoti Lakkhi Mahali W/F: Sree Amal Mahali 24 Sreemoti Anguri Mahali W/F: Sree Matilal Mahali 25 Sreemoti Tuluni Mahali W/F: Sree Pollad Mahali 26 Sreemoti Arul Mahali W/F: Sree Gurupad Mahali 27 Sreemoti Usha Mahali W/F: Sree Bisu Mahali 28 Sreemoti Sima Mahali W/F: Sree Kanai Mahali 29Sreemoti Josna Mahali W/F: Sree Lajen Mahali 30 Sreemoti Fulbasi Mahali W/F: Sree Amin Mahali 31 Sreemoti Surbala Mahali Suren Karnoker Mahali 32 Sreemoti Tarun Bala Mahali W/F: Sree Khoka Mahali 33 Sondhamoni Mahali W/F: Sree Atul Mahali 34 Sreemoti Membala Mahali W/F: Sree Sibcharan Mahali 35 Sreemoti Fulbasi Mahali W/F: Sree Balaram Mahali Address of all of the victims :Vill: Dulahar, Arjuna Para (Shahan Para) Post & P/s: Nachole, Dist: Chapai Nababgonj. Name of the perpetrators : 01 Md. Joynal Abedin S/o: Md. Ahad Box 02 Md. Jamal Uddin S/o: Md. Ahad Box 03 Md. kamal Uddin S/o: Md. Ahad Box 04 Md. Rajibul Haque Md. Joynal Abedin 05 Md. Rezaul Islam Md. Joynal Abedin 06 Md. Alamhir Hossain Md. Jamal Uddin 07 Md. Mafiz Uddin S/o: Md. Arjan Sheikh 08 Md. Enamul Haque S/o: Md. Abdul gafur 09 Md. Nurul Haque S/o: Enamul Haque 10 Md. Jol S/o:Md. Mafiz Uddin 11 Md. Shafi Rahman S/o: Late Abdul Matin Address of the perpetrators : All of the perpetrators of Village of Dulahar of Post and Police station of Nachole of district of Chapai Nababgonj. Date of the incident: : 18 June 2009 (Thursday) around at 10.30 am to 5.oopm. Place of incident : Vill: Dulahar Arjuna Para (Shahan Para) Post & P/s: Nachole, Dist: Chapai Nababgonj. Case file : Nochole Police Station Case No. 07/09 Date of Case : 18 June 2009 Under Section : 143/447/323/325/307/385/506/114 of Penal Code Name of the complainant : Sree Pollad Mahali, S/o: Late Chandra Mahali Name of the accuseds : Md. Joynal Abedin and others 10 persons. 

  FACT DETAILS:

Seventeen (17) families of indigenous people have been living on about five bigha lands at village of Dulahar Arjuna Para (Shahan Para) under Nachole police station in Chapai Nababgonj district for last four years. A pond about one and half bigha is also sued by the indigenous family for fishing and their other as usual activities. Mr. Joynal Abedin, son of Md. Ahad Box, village of Dulahar, Post office and Police Station of Nachole under district of Chapai Nababgonj attempted to grab the said pond more time in previously. But his entire attempt has been spoil due to combine protest of the indigenous family. So he was angry with them and also looking for the suitable scope to grab the land. On 18 June 2009, Mr. Joynal Abedin along with his terrorist gang came to the place with two pot water without fish seeds by the name of fish cultivation in the pond while the male people of the indigenous families were not in the village due to their as usual activities. Being informed about the process of his pre planed land grabbing, female member of the indigenous family combinely protested their illegal activities and throw the pot on ground. As soon as they throw the pot, Mr. Abedin being angry with them, ordered his terrorist group to beat them and his gang beat up them severely with baton and bamboo stick as well as attempt to do molestation. Thereafter, the terrorist group along with Mr. Abedin escaped from the place seeing other villagers are coming to protest their illegal activities. The attackers seriously injured two indigenous women and threatened with dire consequences if the families did not vacate the khas land and pond. A case has been filed with the Nachole police station in the connection of this incident against 11 people including Mr. Joynal Abedin and the police arrested Mr. Abedin.

STATEMENT OF VICTIM AND EYEWITNESS: STATEMENT OF SREEMOTI SUMI MAHALI:

Sreemoti Sumi Mahali, daughter of Sree Hiralal Mahali who is a victim of the incident said to the fact finding team, “There were no male people in our community due to their as usual activities. Taking this scope they come to grab our land evicting us by beating up showing excuse to cultivate fish in the pond. Though they severely beat up us, we protest their illegal activities instead of escape from the place; they did not grab the land.”

SATEMENT OF MAYNA MAHALI:

Sreemoti Mayna Mahali daughter of Prollod Mahali who is also victim of torture said to the fact finding team, “We protest while they come to cultivate fish in the pond at the day of incident. We understood that there was no fish in to their pot with out water. So, we throw the pot at the time of argument with them. Then, being angry, Mr. Joynal started to beat up us severely. He also continued to kick and beat up me with baton, though I lay down on the ground. Now, I am feeling severe pain at my both hands, waist, head and both of my legs”. She also urges to BIHR & NHRD to assist their rehabilitation.

STAEMENT BY AUSTOMY MAHALI: Sreemoti Austomy Mahali, wife of Modhu Mahali who is another victim of torture said to the fact finding team, “They severely tortured us and we want justice” STATEMENT OF TULUNI MAHALI:

Sreemoti Tuluni Mahali, wife of Lalu Mahali who is also a victim of torture said to the fact finding team, “Bringing two pots water without fish seeds, Mr. Joynal tried to throw in to the pond by the name of fish seeds. But understanding his ill motive when we protest them, they tried to evict us by torturing. But they compelled to escape due to our strong protest. The terroridt groups of Joynal tried to do molestation by opening my wearing cloth. They I fall down on the ground by their hurt on by left hand and waist.”

STATEMENT OF ALGUNI MAHALI:

Sreemoti Algoni Mahali, daughter of Sree Shirish Mahali said to the fact finding team, “Joynal has been attempting to grab this pond for more years ago. He brought pot with water due to make a quarrel that day. I throw the both pots on the ground understanding his ill motive, resulting the Joinal groups started to beat up by being angry with us.”

STATEMENT OF PEMBALA:

Steemoti Prembala Mahali, wife of Sree ratikanto Mahali who is also a victim of torture said to the fact finding team, “Joynal is very bad characteristic person. Previously, he tried to grab this pond and lands for more times. But his attempt had been failed due to our combine protest.” She also urges to the fact finding team to assure them that they would not face this kind of ought situation in future.

STATEMENT OF INVESTIGATION OFFICER:

Md. Abdur Rahman, Sub Inspector of Nachole Police station and also investigation officer of the case that was filed by the Sree Profolla Mahali in the connection of the said incident of torture said to the fact finding team, “we arrested Mr. Joynal, who is the main accused and wee trying to arrest other accusds”. He refused to provide more information regarding this case.

BIHR FINDINGS:

Report published on news paper, statement of victims, victim’s family and eyewitness, information provide by the Investigation Officer it clearly proves that Mr. Joynal abedin along with his terrorist groups has been attacked on the village of indigenous people to at Dulahar Arjuna Para (Shahan Para) under Nachole police station in Chapai Nababgonj district to grab land and pond and many of indigenous female people has been assaulted with is violation of our fundamental, legal and human rights.

RECOMMENDATIONs: 1. to form an independent commission headed by a High Court Judge with a view to enquire into the incident of torture and molestation as well as publish it asap; 2. to submit the charge sheet proving the incident as true as soon as possible after completing an impartial investigation. 3. to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights; 4. to provide adequate financial compensation to the victims and victim’s families as well as guarantee the physical and psychological integrity of them; 5. to ratify the Article 161 of ILO convention as well as take necessary step to hand over the ownership of their lands; 6. to ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards both of general people and government authority; 7. to provide human rights education and training to both of general people and government authority in accordance with national laws and international human rights standards N:B: The report has been prepared by Adv. Shahanur Islam Saikot, Programme Manager-Legal & Human Rights, Bangladesh Institute of Human Rights (BIHR) according to the investigation conducted by Md. Ehshanul Haque and Md. Abu Musha Ashowary and published by Bangladesh Institute of Human Rights in Cooperation with Naogaon human Rights Development Association (NHRDA) on 19,July, 2009. Thank You Adv. Shahanur Islam Saikot LL.B (Hon’s); LL.M (Law & Justice) Programme Manager-Legal & Human Rights Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, B-17, Dhaka-1000, Bangladesh Email: saikotbihr@gmail.com, bihr@bangla.net Cell: 01720308080, Website: www.bihr-bihr.blogspot.com