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Monday, September 27, 2010

FACT FINDING REPORT:An Indigenous Community Child has been victimized in Gang Raped as well as having the Girl is Eexcommunicated by the Community People.


The news headed “An indigenous adolescent girl has been rapped alluring to give job at Ghoragha under Dinajpur district” was published the daily Karatoa on 27 august 2010. 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 & GHRD comprising Adv. Rabindra Ghosh, GHRD, Dhaka; Gonesh Rajbongsi, Volunteer, GHRD, Dhaka; Rabindra Prasad Gupta, Volunteer, BIHR; Adv. Shahanur Islam, Executive Director, BIHR on 2nd and 3rd September 2010.

TYPE OF VIOLATION:
Rights to Freedom of Belief and Religion, Right to Social Security, Right to participate in the Cultural life of the community, Right to chastity, Rights to personal integrity.

TYPE OF ACT:
Rape on the adolescent girl alluring to marry and giving job, trying to abduction as well as excommunicated by the community People.

IDENTITY OF THE VICTIM:
Name                                     : Kalpona Busk  
Age at time of event           : 15 years 11 Months 25 Days[1]
Citizenship                           : Bangladeshi
Religion                                : Christian
Ethnical status                    : Sawtal
Home address                    : Vill: Raghunathpur, P/s: Ghoraghat, District:Dinajpur, Bangladesh

DATE & PLACE OF THE INCIDENT:
Date                                       : June 04, 2010 to June 10, 2010.  
Location                               : Unidentified house at Savar in Dhaka district and another unidentified house nearby Ranigonj bus stand under Ghoraghat police station in Dinajpur district.  

IDENTITY OF ALLEGE PERPETRATOR(S):
 1. Jahidul Islam, son of Samser Ali of village Raghunathpur.
 2. Md. Mohabul Miah son of Ayez Uddin of village Velain
 3. Md. Sahajan Saki, son of Khoka Miah of village Banial (Palsha)
 All of under Ghoraghat police station in Dinajpur district.

CASE SUMMERY:
Kalpona Busk, doughter of Sree Sobhan Busk of village Raghunathpur under Ghoraghat police station in Dinajpur district was repetedly gang rapped by three Muslim lethcers Jahidul Islam, Mohabul Miah and Sahajan Saki from June 06 to June10, 2010 alluring to marry and offering job at germent factory in Dhaka. According to statment of the victim, Jahidul Islam, along with his other two accomplices Mohabul of village Velain and Sahajan Saki of village Banial (Palsha) proposed to the father of the Kalpona to give Kalpana a job at garment industry in Dhaka. Due to being preacquaintainted as well as the residing of the same village, Sree Sobhan Box sent her daughter to Dhaka with Jahidul Haque on June 4, 2010. Then the accuseds took Kalpana at saver in  Dhaka, where they stayed one day at one relative’s house. The next day,  Jahidul rented a house and started to live introducing themselves as married couple . There she was repeatedly raped by Jahidul Islam alluring to marry as well as  by Mohabul Miah threatening to kill her by giving electric shock and chopped by dagger. They also thretend her to kill if  she tell it later to others. Later they escaped from the rented house along wih her while the owner of the house suspected them as not legally married couple and they took the victim at the Ranigonj bus stand under Ghoraghat police station on June 10, 2010. Then, they took her an unknown house and compelled her to drink some alcohol alluring that if she drink the liquid she will feel refresh removing triedness.  Then, Jahidul and Mohabul raped her again. Later, in the early morning, they threw her near a Mosque while she was unconscious.  She then went to her matternal uncle house at khodadpur under Ghoraghat police station in dinajpur district when she returned her senses and told her family members what happened.

Later, the father of the victim appeal to the local community leader as well as the chairman and member of local Union Parishad to get justice by alternative dispute resulation through village arbitration. But the perpetrators refused to present the arbitration. Later, seeing no way to get justice a complaint case was filed by the victim ownself with the special tribunal for the prevention of women and children repression, Dinajpur that no. 87/2010 under section 7/9(1)/30 of the
Prevention of Women and Children Repression Act, 2000 (Amended on 2003) praying for justice as well as give the exemplary punishment to the accused on July 27, 2010 and the learned tribunal pleased to issue an order to the officer in charge of Ghoraghat police station to submit the report after conducting proper investigation.

Being afraid due to fiiling case against the perpetrators, the accuseds again trying to motivate the victim to withdraw the case alluring her again to marry as well as threatening her. Being failed to withdraw the case, Jahidul Haque, the main perpetrators of the incident, along with some rented terrorists attempted to abduct the victim on 26 August, 2010 around at 9.00pm from her matternal uncle house at the village of Khodadpur Kamal Para and to abduct the complainant Kalpana Box. The villagers were  able to detain Jahidul, but his accomplices escaped. Then being inform by the villagers, the policemen of Ghoraghat police station came to the spot and took Jahidul to the police station and arrested him. Later he was procedued to the court and the court sent him to jail.

BACKGROUND HISTORY:
Sobhan Busk of village Raghunathpur under Ghoraghat police station in Dinajpur district father of the victim Kalpona Busk used to work as a day labor in the house of the main perpetrator Jahidul Islam and the main perpetrator Jahidul Islam used to come to the house of the father of the victim in the name of tutoring the victim, resulting that there was a good relationship build up with the victim which convert as love relation. The others people of the same indigenous community of same village as well as relatives and neighbors of the victim came to know about their relationship and alerted the victim and her family members to stop their relationship which is not accepted in their cast. Meanwhile, the wife and other family members of the main perpetrator Jahidul severely beat the victim causing the make love relationship with her husband jahidul to stop their relationship. Few days ago the main perpetrator Jahidul Islam made sexual relation in the name of love (though the victim is a child/ under age) which came to know to the others families of the same indigenous people of same village as well as relative and neighbors of the victim. They called a village arbitration in absence of the victim and her father and take a decision to stop the relation of the victim with the main perpetrator Jahidul Islam. The also took decision that the victim father will provide one time food to all indigenous community of the same village, otherwise they will excommunicate the victim and her family. Even they threatened the victim and her father that they will be beaten if they do not provide the one time food to the indigenous community as well as stop the relation with the main perpetrator Jahidul Islam. Being afraid by the threat of be beaten by their community people and providing food due to his inability to provide the food due to his poverty. As well as insisting by the main perpetrator Jahidul, the victim along with her whole family escaped to her maternal uncle home at Khodadpur Kamal Para under Ghoraghat police Station in Dinajpur district.[2]

LEGAL STAUS:
A complaint case has been filed by the victim ownself with the special tribunal for the prevention of women and children repression, Dinajpur that no. 87/2010 under section 7/9(1)/30 of the Prevention of Women and Children Repression Act, 2000 (Amended on 2003) praying for justice as well as give the exemplary punishment to the accused on July 27, 2010 and the learned tribunal pleased to issue an order to the officer in charge of Ghoraghat police station to submit the report after conducting proper investigation. The officer in charge submitted the investigation report with the learned tribunal proven the allegation primarily truth on August 26, 2010 after conducting the investihgation. Meanwhile on August 26, 2010 the main perpetrators Jahidul Islam was arrested and taken to court on August 27, 2010 and he was taken into custody and put in jail.

ACTION:
BIHR along with GHRD-Dhaka investigated the incident visited the spot; took statements of the victim, father and mother of the victim, witness of the incident; visited concerned police station; talked with the concerned officer in charge; Assistant Police Super (ASP) Circle Fulbari Zone; Superintend of Police (SP), Dinajpur; talk with the appointed lawyer by the victim; Sit with the local community leader and people along with the officer in charge in local police station as well as the Chairman and Member of the  local union Parishad to settle / back the victim and her families to their own community and finally succeed to back them their own community.

FINDINGS:
Report published on news paper, statement of victim, victim family members and eyewitness, information provide by the concerned police official, it is gross violation of our fundamental, legal and human rights and findis are followings:

i.                    In spite of being victimised of fraudulently love by the perpetrators; the community people excommunicated the victim and her family. Even they threatened to beat the victim and her father if they live with his own home.

ii.                  In spite of being raped and attempted to abduction by the perpetrators alluring to marry and offering job, the community people continued to excommunicate the victim and her family demanding them to provide one time food to the all community people.

iii.                In spite of committing the incident of rape, the victim and his family did not go to the police station or informing the concerned police station regarding the incident being misguided by some local people.

iv.                In spite of giving threat as well as alluring to withdraw the case by the perpetrators, the concerned police station did not arrest the perpetrators until the villager detained the main perpetrator.

v.                  In spite of being informed about the excommunicate by the community people with the victim and her family, the concerned police station did not take initiative to settle/back them to their own community until the BIHR and GHRD fact finding team force the concerned police station to back the victim to their own community.

RECOMMENDATION:
1.      to arrest the perpetrators as well as bring them before the book as soon as possible

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 and her family as well as guarantee the physical and psychological integrity with full rehabilitation;

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 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,

WRITE TO THE FOLLOWING ADDRESS:
1. Mrs. Sheikh Hasina
Prime Minister
 Government of the People's Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677


2. Mr. Justice Mohammad Fazlul Karim
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)

5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868

6. Prof. Mizanur Rahman Khan
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Tel: +880 2 9137740
Fax: +880 2 9137743

7. Mr. Hasan Mahmud Khondaker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677

8.Deputy Inspector General of Police (DIG) Rajshahi Range
Office of the DIG Rajshahi Range
Rajshahi , BANGLADESH
Tel: +880 721 772309 (O)
Fax: +880 721 775444 (O)



[1] According to Registration Paper of Secondary School Certificate (SSC) Examination.
[2] the victim, victims family members and the leader of the community and the others eyewitness could not able to say exact date about above mentioned incident


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