Monday, July 6, 2009

FCAT FINDING REPORT: AN INDIGENOUS (TRIBAL) GIRL HAS BEEN MURDER AFTER RAPAE BY A BANGALI LETCHER.

The news headed “A marma girl murdered after rape: Demand exemplary punishment” was published the daily prothom alo as well as other most of the Bengali and English dailies on 13 may 2009. The news came to knowledge at the concern authority of Bangladesh Institute of Human Rights (BIHR) and a fact-finding mission has been conducted by a team of Bangladesh BIHR & BCHRD comprising Adv. Shahanur Islam Saikot, Programme Manager of Legal & Human Rights affairs and Shohel Ahmed from May 24 to 29,2009. BIOGRAPHIC INFORMATION: Name of the Victim :Maching Khai Marma (18) Father Name :Chingnu Aung Marma Adgress of the Victim :Vill: remong Member Para, 305, Gojalia Village, Union: Gojalia, Police Station: lam, District: Bandarban. Name of the rapist & Murdered :Md. Juwel Address of the Perpetrators :Vill: Bhatia Par (Behind the rail Bosti), Kobar Khana Road, (Eastern side of Grocery shop of Shafi), Police Station: khalishpur, District: Khulna, Bangladesh Present address :Farm of Munir Hossain,Vill: Atmaile Muslim Para, 305, Gojalia, Police Station: Lama, District: Bandarban. Date of the Incident: :08 May 2009, around at 5.30 PM Place of Incident :Rejected brick field of Najmul Islam, Vill: Atmaile Muslim Para, 305, Gojalia, Police Station: Lama, District: Bandarban. Method used : Murdered by hurt to the back side of head with a brick after rape Case file :Lama Police Station case Number: 03/45 Date of Case : 09 May, 2009 around at 11.30 PM Under Section : 302 of Penal Code FACT IN BRIEF: Maching Khai Marma (18), daughter of Chingnu Aung Marma has been murdered after rape by a bangali letcher gurd in Gojalia, Lama under the Bandarban district in Bangladesh. While the victim went to gather some bricks from the rejected brick field of Najmul Islam of village Atmile, the rapist and murderer Md. Juwel of Village of Bhatia Par (Behind the rail Bosti), Kobar Khana Road, (Eastern side of Grocery shop of Shafi) of Police Station of khalishpur of district of Khulna in Bangladesh grabbed her and raped her savagely. Later, he killed her by repeated hurt to the back side of her head with a brick as well as fastens her throat with cloth, while the victim told that she would inform her parents about crime. During the time, a young cowboy Mr. Delower Hossain (13), witnessed the incident from the nearby forest and told the villagers on next day. Thereafter, the victim’s father along with the neighbors and villagers picked up the rapist and murderer Juwel and handed over him at Lama police station on 9 May 2009 and a filed case under section 302 of penal code with the Lama police station that Lama police station case number 3/45 on May 09, 2009. An autopsy of the murdered victim has been completed according to the instructions of the court on May 12, 2009. Later, the alleged rapist and murderer has been given confession regarding his committed crime before the senior judicial magistrate of Bandarban district on 14 may, 2009 and the perpetrators has been sent to the jail custody. STATEMENT OF THE VICTIMS FATHER: Chingnu Aung Marma, father of the victim said to the fact-finding team during the investigation, “My daughter Maching Khai Marma (18) was ignorance. She always helped us to conduct our normal homework. She was also helping our mason to construct RCC pillar of our house. In the day of incident, around at 3.00 pm, she se went to bring some bricks from the rejected brick field of Najmul Islam of village Atmile in Gojalia, lam under Bandarban district. I am stating to look for her nearby my home around 5.30Pm until she was not return home. During looking for her around at 5.40 PM, I saw her half naked falling on the chest at said brick field. Then I am being ensure about his life by reversed her body and I am starting to cry in loudly while I ensure about her death. Hearing my crying, some of my neighbors cum villagers come to the spot and we draw a decision that she has been died by the accidental hurt of brick during of her bear brick. Then around at 6.45 Pm we buried her according to rule of Buddhist religion on same day. On 09 May 2009, I am being informed by Mr. Delower Hossain of son of Abul Kashem of Atmile Muslim Para of village of Gojalia of Police Station of Lama of district of Bandarban that during the time of incident he was tending cattle nearby forest and he saw that around at 5.30 PM the guard of the farm of Mr. Munir was hurting on the head of the victim after fastened her throat with cloth sitting on the chest of my daughter. Hearing about the real incident we are being confirmed that Juwel has killed my daughter. Then, we along with the villagers and neighbors are starting to search Juwel and picked up him from local Sittortali Bazar with the help local people. While we picked up him Md. Faruk , PC of local Ansar / VDP Camp tried to help the perpetrators to escape. Later, we called the concern police officer of local Lama police station and handed over him to police. Thereafter, I being a plaintiff file a case against Juwel with Lama police Station.” He also said that being an illiterate and poor man he might be deprive from justice. Moreover, some of the bangali influential elite people trying to motivate the police authority to flow the incident to other sides, he claimed to the fact finding team. SATEMENT OF EYEWITNESS: Md. Delower Hossain(13), only one eyewitness incident said to the fact-finding team, “ I went to tend the cattle at paddy field behind the Tobacco field around at 5.30 Pm on 08 May 2009. Suddenly, I see Mr. Juwel to hit on the head of Maching Khai after fastening her throat with cloth sitting on her chest and I entered the jungle”. He also said, “I am known to Juwel from more time ago and also know Maching Kai. Juwel was a guard of the farm of Munir”. He again said that Juwel went to the southern side of the brick field after killing Maching Khai. Then I come to our home and tell my father about the incident” CONFESSION GIVEN BY THE PERPETRATOR: The rapist and murderer Mr. Juwel was given confession regarding to incident of murder after rape perpetrated by him on 14 may, 2009. During the confession he said, ‘I go to my aunt house at Mogbazar, Aziz Nagar from the paddy farm of Munir Hossain at Atmile, Gojalia. I take tea and snack at noon from a restaurant. I was returning to my farm from there. During the returning way, I see a girl to gathered brick at rejected brick field. Seeing her I go to the rejected brick field. I was known to the girl from before. The name of the girl is Maching Khai Marma. One time I worked their house as a construction labor. Reaching brick field, I grabbed the girl and thrown her on the ground. He was wore a cloth of Thami as like Lungi at that time. I capsized her cloth that she was wore of lower part her body. She was wore shirt like blouse upper part of her body. Then I rapped her. I rapped her about two (2) or three (3) minutes. She wanted to shout. I tighten her moth with Gamcha. After complete the rapping, standing from the ground she said that she will inform her father about the rape that has been perpetrated against her by me. Then I hurt on the backside of her head with a half broken brick. Then, her head has been wounded. Bleeding has been started. Then she fall down on the ground. Seeing the bleeding from her head I become afraid and escape from the spot.Then I go to my farm house. My wife along with a baby is living the farm house. I have a two and half years old son. Reching home, I told my with that I am feeling bad. Then I take a bath. After taking bath I go to the victim’s house and asker her mother about her daughter. Then the mother of the victim replied that she did not return home. Then I come back to the farm house and told my wife that I am feeling bad as well as afraid. Then she asked what happened to me. I replied that nothing happened, let we visit Aziz Nagar. Then I go to Sittortoli along with my wife and son to sell our 12 hens. During the way of Sittortoli Bazar, the relatives along with neighbors and villagers of the victim picked up me and handed over the police. The victim has been died. I did not hurt her by brick to kill her. I could not realize that she will die due hurt of brick. I hurt her to make injure. I had no intention or preplan to kill her.” STATMENTOF INVESITIGATION OFFICER: Syed Faruk Ahmed, Investigation officer of the case said to the fact finding team, “I am informed about the incident of picked up the rapist and murderer Juwel at Sittortali Bazar by chairman of Gojalia union parishad Mr. Thorai Ching Marma by my cell phone. As soon as I inform about the incident I go to the spot and bring the culprit to the police station under arrest. In the mean time, the officers of charge of the police station records the written statement as First Information record (FIR) and assign me as an investigation officer of this case. By observing and reviewing the incident I apply with the Senior Judicial Magistrate of Bandarban district to take the perpetrators for interrogation and the honorable judicial magistrate permitted. During the interrogation, the alleged perpetrator confesses about the incident and last 14 may 2009 he gave his confession with the Senior Judicial Magistrate of Bandarban district under section 164 of criminal procedure Code. Beside this, I make environment to give statement under section 164 of criminal procedure Code with Senior Judicial Magistrate of Bandarban district by one and only eyewitness of this case on 10 may, 2009. He also said the investigation team,” at first we thought that the incident is only crime of Murder. So, we record it under section 302 of Penal Code. But now we are seeing that it is not only the case of murder, it is a case of rape after murder. So, already we have applied with the concern court to take the case as cognizance under Women and Children Oppression Act”. BIHR FINDINGS: Report published on news paper, statement of victims family and eyewitness, information provide by the Investigation Officer along with the confession given by the alleged perpetrato with the Senior Judicial Magistrate of Bandarban district under section 164 of criminal procedure Code, it make clearly prove of perpetration of rape after murder by Mr. Juwel. It is gross violation of our fundamental, legal and human rights. RECOMENDATION: 1. to submit the char sheet proving the incident of rape after murder of Maching Kai Marma as true with Senior Judicial Magistrate of Bandarban district as soon as possible after completing an impartial investigation. 2. to ensure exemplary punishment of the perpetrators Mr. juwel and also who were indirectly involved in this gross violation of human rights; 3. to provide adequate financial compensation to the victim’s family as well as guarantee the physical and psychological integrity of them; 4. 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; 5. 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 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)
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