Sunday, June 27, 2010

FACT FINDING REPORT:A Woman has been Raped after Abduction by Temptation to Marry by Local Jubo League Cadre.


Name of the victim             : Mrs. Nusrat Jahan Meghla (Baby)
Type of Violation                           : Right to liberty and security, right to personal integrity
Type of Act                                      : Abduction and rape
Investigation conducted by       : Adv. Shahanur Islam, Executive Director, BIHR, Rabindra Prasad Gupto, GHRD, Golam Mostofa, Coordinator, TFT, Rangpur and Dipak Kumar Pal, Coordinator, TFT, Gaibanda
Date of investigation                     : 23-27 June, 2010
Rangpur Central Jail, where the victim was forced to live in the name of safe custody

IDNTITY OF THE VICTIM:
Name                                                 : Mrs. Nusrat Jahan Meghla (Baby)
Age at time of event                       : 24 years
Citizenship                                       : Bangladeshi
Religion                                            : Islam
Home address:                              Village: Harinsinda, Union: Ramchandrapur, Post, P/s & Dist: Gaibandha

DATE AND PLACE OF THE INCIDENT:
Date                                                   : May 19 to 22, 2010 and May 28 to 29, 2010.  
Location                                          : Different unidentified Place of Kurigram and Rangpur district including House of Mr. Abdul Aziz of the Village: Shibudoitari, P/s: Kaunia, District: Rangpur

ALLEGED PERPETRATORS:
1) Md. Bulet Miah (30) son of Sarder Abdul Hakim of village Nizpara, P/s and District: Rangpur
2) Mr. Abdul Aziz, son of Taher uddin of the village Shibudoitari Post Office: Boraihat P/s: Kaunia District: Rangpur

CASE SUMMERY:
Bulet Miah, son of Sarder Abdul Hakim of the village Nizpara under police station Kaunia in Rangpur district who is also cadre of Jubo League youth wings of Bangladesh Awami League, Kaunia Police Station Unit, proposed the victim Nushrat Jahan Meghla (Baby) while she was visiting the Tista Bridge on April 13, 2010 and the victim asked him to give the proposal to her cousin Mr. Chandan where she was living for last couple of days. Later, the perpetrator Bulet Miah made proposal to her cousin appearing his house at Tista East Dalal Para under police station and district Lalmonirhat and made a good relation with the victim. On May19, 2010 around at 3.00pm Bulet Miah abducted the victim by temptation to marry from the southern side of Tista Bridge and repeatedly rapped her in difference place of Kurigram and Rangpur fraudulently introducing them as a legal couple. Meanwhile, the victim was admitted at Upazial Helath Complex, Kaunia on May 05, 2010 while the victim became seriously sick due to the atrocity committed against her. Later she was again repeteadly rapped in whole night by Bulet Miah in the house of Mr. Abdul Aziz, son of Taher uddin of the village Shibudoitari at Boraihat post office under Kaunia policesation in Rangpur district on May 28, 2010 while she was realese from the hospital after cure. On May 29, 2010  around at 7.00pm the perpetrator took the victim to the house of Mr. Nazrul Islam of village Haldibari Rail Gate under Kaunia police station in Rangpur district and assuerd her to marry before more people. Then the perpetartor escaped leaving the victim on the way of the home of  Mr. Jomsher Ali, of the village Khopatiunder kaunia police station in Rangpur district around at 9.00 pm on the same day. Then the victim searched the perpetrator and went to the home of Mr. Zomsher Ali, failing to tress him  and lived there for that night. Later, she file the case with the Kuanina Police Station appearing the police station on May 31, 2010.

LEGAL STATUS:
Nusrat Jahan Meghla (Baby) lodge the FIR with Kaunia Police Station on 31 May, 2010 against the alleged perpetrator under section 7/9(1) of  the Prevention of  Women and Children Repression Act, 2000 ( Amendment 2003) being Kaunia Police Station No. 27, dated May 31st, 2010. The police recorded the case and send the victim to the department of Forensic Medicine of Rangpur Medical College Hospital on June 1, 2010 for medical examination. After competition of examination by the concerned medical officer, the police produced the victim before the Senior Judicial Magistrate Court, Rangpur on June 1, 2010. The learned court took the statement of the victim under section 22 of the same Act and issued an order to send the victim in safe custody on same day.

Then the concerned administration put the victim Rangpur Central jai in the name of safe custody on June 01, 2010 until June 8, 2010. Meanwhile, a writ petition (public interest litigation) has been file with the High Court Division of Supreme Court of Bangladesh demanding to declare putting jail custody in the name of safe custody as illegal and the learned court pleased to issue rule on June 8, 2010 upon the government to explain why sending the victim to jail should not be declared illegal, and why it should not be directed to ensure proper custody for her. It also ordered to appear the victim before the concerned bench. Furthermore, it ordered to o shift the victim to safe custody under a government or non-government organisation.

On, June 8,2010 the victim was shifted to the safe home is run by Rangpur-Dinajpur Rehabilitation Service(RDRS). Later on 9 June, 20210 the victim was being appear before the court and the learned court order to release her from the safe custody.

ACTION:
Bangladesh Institute of Human Rights with the help of GHRD investigated the incident from 23th June to 26.th June 2010. BIHR team visited the spot, talked with the victim, mother and brothers of the victim, Investigation officer of the case, Officer in Charge of Kaunia Police Station, visited the office of Superintendent of Police (SP), Rangpur Central Jail, office of the Deputy Commissioner (DC), Rangpur; Shelter home of RDRS and talked with all who are concerned in the incident.

UPDATE:
As the lobbying of BIHR team, Mr. Yusuf Jubo Legue leder of the local Upazila Unit and also the patronizer of the main perpetrator Mr. Bulet Miah gang has been arrested on May 26, 2010.

BIHR FINDINGS:
1.      The authorities forced the victim to live at the local jail, in the name of ‘safe custody.
2.      The victim did not receive any physical or psychological treatment as well as education during the staying in jail custody.
3.      In spite of direction of High Court, the police are in active to arrest the perpetrators as well as investigate the incident properly.

RECOMMENDATIONS:
1.      to submit the charge sheet proving the incident of abduction and rape as true, as soon as possible after completing an impartial investigation.
2.      to ensure exemplary punishment of the perpetrators who were directly and indirectly involved in this violation of human rights;
3.      to provide adequate financial compensation to the victim’s family as well as guarantee the physical and psychological integrity with full rehabilitation;
4.      to establish separate  safe home with adequet facilities in every district of bangladesh.
5.      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;
6.      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
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