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
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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