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Wednesday, March 31, 2010

FACT FINDING REPORT:A HINDU MINORITY COMMUNITY ADOLESCENT GIRL ABDUCTED AND GANG RAPED BY A GROUP OF MUSLIM JUBO DAL CADRE


Type of Violation                : Women and Children Repression
Type of Act                          : Abduction and gang rape
Investigation conducted by: Adv. Shahanur Islam Saikot, Executive Director, BIHR, Md. Rafiquel Islam Hawlader, Fact-Finding Officer, BIHR and Md. Firoz Hossain, Social Worker, BIHR
Date of investigation         : March 26 to 30,  2010

Identity of the victim:
Name                                                 :Anju Rani Das (16), C/o: Amullo Chandra Das
Age at time of event:            :16 years
Under 18                               :Yes
Citizenship                            :Bangladeshi
Religion                                 :Hinindu        Cast:               Kayesto (Das)
Home address                     :Vill: Kuakata, P/s: Kolapara, Dist: Patuakhali; at present: Village: Dharandi, P/s and District: Patuakhali
Consent:                                : Consent of the victim has been taken to proceed with
 the case
           
Date and place of Incident:
Date                                        :March 19, 2010 around at 7.00pm to 9.00 pm
Location:                               i. On the road of Lohalia on the western side of the house of master Chan Miah in Balia village.
ii.West Kaina (East side of the pond of Ibrahim Choukider closely attached on sesame field of Joynal Choukider).

Alleged perpetrator(s):
1.Forkan Howlader (25)
C/o: Kazol Hawlader
Vill: Banajora
2. Mohammad Masum @ commander Masud (28)
C/O; Nuru Mridha
Vill: Banajora
3. Hanif Howlader ( 38)
C/o: Late: Dhalu Hawlader
ill: Sabupura
4.Jamal Khan (35)
C/o: Late-lal Khan
Vill: Rajnagar
5. Bashir Mollah (30)
C/o: Majid Mollah
Vill: Rajnagar
6. Mohammad Liton (25)
C/o : Moslem Poddar
Vill : Balia
7. Abdul Mannan (30)
C/o: Late- Abdur rashid Hawlader
Vill: Dhauravanga
8. Md. Abul Kalam (32)
C/o: abdul Kader hawlader
Vill: West Kaina
All of Police Station: Bauphal, District: Patuakhali with unknow two to three persons

Case Summary
Anju Rani Das (16) an adolescent poor girl abducted and gang raped by a gang of muslim lechers who are also involed with the political cadre of  Jubo Dal ( youth wing of BNP), local Uninion Unit on 19th of March 2010 around at 7.00pm to 9.00pm at West Kaina Village in Boga Union Parishad under jurisdiction of the Bauphal Police station of Patuakhali district while she was returning to her home of village Dharandi in Kamlapur union under the police station and district of Patuakhali with one of her cousins, Sapon Kumar Das, after visiting the house of her brother Shamol Chandra Das’s father in law at the village of Rajnagar in Baufal Poilice station under Patuakhali district by a rented motor bike in Boga, driven by one of the alleged rapists Boshir Mollah. On the way to their home, around at 7.00 pm, they reched the road of Lohalia, on the western side of the house of master Chan Miah in Balia village under Bauphal Police station, they were forcefully taken hostage, being threatened with a sharp weapon through prior communication with renter of the motor bike by four Muslim Jobodal Caderes  Hanif, Forkan, Masum, Jamal. Then, they beat her cousin, Sapon, brutally and Sapon then fled the scene. Later, they abducted her with a Tom-Tom ( One kind of three whiler) and took her to West Kaina (East side of the pond of Ibrahim Choukider closely attached on sesame field of Joynal Choukider). Then, they brutally raped her along with five to six other accomplices. They tightened her mouth with cloth and beat her brutally while she tried to shout. They also threatened to kill her if she informed others regarding the crime committed against her. Later, they looted all of her belongings including six hundred taka and one mobile set. Finally they escaped from the place keeping her along.

Initially the local people came to know about this incident of abduction and gang-rape and informed the police after chasing two of the accused. Later, the victim lodged a first information report (FIR) at Bauphol police station being Bauphal P.S. case No. 20 /74 dated 20.03.2010 under section 9(3)[1], 30[2] of Women and Children Repression Preventive (Special) Act 2000 ( Amendment on 2003) and 341[3], 379[4] of Penal Code against the 10 perpetrators. Then, on March 21, 2010 she was admitted at Patuakhali General Hospital around at 10.30 am for her examination and treatment. After completing her examination she apeared at the court and the lerned judge of Women and Children Represssion Preventive Special Tribunal of Patuakhali sent her to the safe custody under section 31[5] of Nari O Shishu Nirjatan Daman Ain, 2000 ( The Prevention of Repression against Women and Children Act, 2000)
 on the same day untill April 10, 2010.

In the meantime the two accused, named Hanif Hawlader and Bashir Mollah, have been under arrest since March 19, 2010 by the police and they were forwared to the Magistrtare Court demanding their three days remand on March 21, 2010 and the learned Magistater please issue an order to put them in jail custody with permission to intergorate them for one day at the jail gate. The case is under invetigation.

Legal status
The victim lodged a first information report (FIR) at Bauphal police station being Bauphal P.S. case No. 20 /74 dated 20.03.2010 under section 9(3), 30 of Women and Children Repression Preventive (Special) Act 2000 ( Amendment on 2003) and 341/379 of Penal Code against those perpetrators. Two accuseds named Hanif Hawlader and Bashir Mollah have been arrested on March 19, 2010 by the police and the case is currently under invetigation.

Action:
BIHR Conducted fact finding investigation and talk to the relevant persons and concerned authority to take immediate action to bring the perpetrators before the book. It met with Md. Riaz Hossain, DC; Shaibal Kanti Chowdhury, SP; Md. Omar Faruk, Jailer; Shil Moni Chakma, OC of Bauphal police station and investigation officer of the case, RMO of Patuakhali General Hospital and  MO who is conduced medical examination on the Victim and perused them to bring the culprit before the book as soon as possible. BIHR issued Urgent appeal on 31 March, 2010 (Ref: UA/BIHR/Patuakhali/06/03/2010) to Prime Minister; Secretary (Political), Ministry of Home Affairs, Minister, Ministry of Home Affairs, State Minister, Ministry of Home Affairs; Inspector General of Police(IGP), Chief Justice, Attorney General, Chairman, National Human Rights Commission; Deputy Inspector general of Police (DIG), Barishal Range; Superintend of Police (SP), Patuakhali, Deputy Commissioner (DC), Patuakhali, District and Session Judge, Patuakhali, Supereintent of jail (Jailer), Patuakhali; Upazila Nirbahi Officer (UNO), Bauphal Upazila, Patuakhali, Officer in Charge (OC), Bauphal Police Station, Patuakhali . No written response has been received by them.    

BIHR Findings:

  • The authorities are forcing the victim to live with female prisoners at the local jail, in the name of ‘safe custody.’
  • The accused and local influential persons are trying threaten and coerce the victims family into withdrawing the case
  • The police are not providing adequate protection and support for the victim and her family.
  • The police are not taking proper initiatives to arrest and prosecute the accused.
  • The police are trying to slander the victim’s character so that the case is more likely to be dropped
  • The police and the local influential persons are trying to protect some of the accused from being brought before the book through refusing to file charges against some of the accused.
  • The police and the local influential political persons are trying to implicate with the case some of the innocent people.
  • Most of the perpetrators are involved with the cadre politics of Jubo Dal, They are also dangerous terrorist, always involved with Murder, rape, rubbery etc. During the period of BNP Jamat Government ( 2001-2007) they run stream roller against the minority people of the local area by looting valuable movable properties, grabbing immovable properties, occurring murder, rape and abduction of the minority women’s and girls.

Recommendations:

  • to submit the charge sheet proving the incident of abduction and gang rape as true, as soon as possible after completing an impartial investigation.
  • to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
  • to provide adequate financial compensation to the victim’s family as well as guarantee the physical and psychological integrity with full rehabilitation;
  • to ensure the physical security of both the victim and her family members;
  • to ensure the adaquate facilties to the victim at safe custody and keep her separate from the prisoners.
  • 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;
  • to provide human rights education and training to both the general people and the government authorities in accordance with national laws and international human rights standards

Thank You



Adv. Shahanur Islam Saikot
LL.B (Hon’s); LL.M( law & Justice)
JusticeMakers Fellow 10, Sitzerland

Secretary General/Executive Director
Bangladesh Institute of Human Rights (BIHR)
Cell: +88 017 20308080,


[1] If more than one person jointly rape any woman or child and for comitting rape cause death or get hurt/injured of that woman or child then every person of gang shall be punished with deth or rigorous imprisonment not less tan Tk. 1 lac.

[2] If any person abets by instigating or abetting another person to commit an offence punishable under his act and in consequence of abetent that offence is committed or is attempt to commit, the person so abetting shall be punished with the same punishment as is provided for the offence abetted.

[3] Whoever wrongful restrains any person, shall be punished with simple imprisonment for a term, which may extend to one month, or with fine, which may extend to five hundred taka or with both.

[4] Whoever commits theft shall be punished with imprisonment of either description for a term, which may extend to three years, or with fine, or with both.
[5] If the Tribunal (The Prevention of Repression against Women and Children Tribunal) that, during the trial proceeding, it is necessary to keep any woman or child in the safe custody, then the Tribunal may direct to keep that woman or child in the custody of the Government authority outside the jail in the place for that purpose prescribed by the Government or under the custody of any other person or organization considered proper by the tribunal.

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