Monday, April 12, 2010

URGENT ACTION:Brutal gang rape of a 16 year old Hindu girl by at least 8 Muslim men


REFERENCE: BIHR/UA/Patuakhali/01/04/10                             Date:12.04.10

To
Justice (Rtd) Amirul Kabir Chowdhury
Chairman
Bangladesh National Human Rights Commission
House # 6/3, Block # D, Lalmatia, Dhaka
BANGLADESH, Fax: 088-02-9137743

Greetings from Bangladesh Institute of Human Rights (BIHR) 

I am deeply concerned with the news I received from Global Human Rights Defence (GHRD), who, together with Bangladesh Institute of Human Rights (BIHR) have investigated the brutal gang rape of a 16 year old Hindu girl by at least 8 Muslim men on 19th of March. I have learned that several of the perpetrators are involved with the political cadre of Jubo Dal (youth wing of BNP), local Union Unit. It is particularly disturbing that the victim girl is forced to reside with female prisoners at the local jail, in the name of ‘safe custody.’    

Case Details
I am told that the incident occurred on the 19th of March in the Patuakhali District when the girl and her cousin were on their way home on a rented motor bike driven by one of the suspected rapists.  At around 7 pm, they reached the road of Lohalia, under the Bauphal Police station. Here, four identified and armed members of the Muslim Jubo Dal Cadres in collaboration with the motorbike driver forced the girl and her cousin off the road and brutally beat the cousin who fled the scene as a result. According to the report of GHRD, the girl was abducted on a vehicle and taken to a nearby field of Joynal Choukider where she was brutally raped by at least eight men. During the rape, her mouth was covered with a cloth and she was beaten when she tried to scream for help. The perpetrators also threatened to kill her if she told anyone about the incident. The girl was also robbed of money and other belongings.

I was also informed  that on the 20th of March the girl filed a complaint at the Bauphol police against the 10 perpetrators and she was admitted to the Patuakhali General Hospital for examination and treatment on the 21st of March. After completing her examination she appeared at the court where the judge of Women and Children Repression Preventive Special Tribunal of Patuakhali sent her to ‘safe custody’ until the 10th of April.  However, BIHR investigative team visited the spot on the 26 March, and found that the victim girl is actually forced to reside with female prisoners at the local jail, in the name of ‘safe custody.’

GHRD furthermore reports that in the meantime, two of the accused have been arrested. They were forwarded to the Magistrate Court demanding three days remand on March 21, 2010. The Magistrate issued an order to put them in jail custody with permission to interrogation for one day at the jail gate. The case is now under investigation.

Additional Remarks
 BIHR also found that most of the perpetrators are involved with the cadre politics of Jubo Dal, the youth wing of Bangladesh Nationalist Party (BNP).  During the period of BNP Jamat Government ( 2001-2007) they were widely involved in persecution and violence against minorities, including looting, destruction of properties, land grabbing, murder, rape and abduction of minority women and girls . Furthermore, the accused are threatening the family to withdraw the case, and the police are not providing adequate protection and support for the victim and her family.  Rather, the police are trying to protect some of the accused through refusing to file charges against some of the accused.

Suggested Action
I am shocked by the barbarity of this gang rape, and together with GHRD and the BIHR, I strongly urge the Bangladeshi authorities to follow-up in the investigation of this case and to bring the perpetrators to justice.  The victim must receive the necessary legal assistance and adequate compensation for the damages caused. Specifically, I urge upon the authorities: 

  • 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 brutal gang rape; 
  • 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 adequate facilities 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 public and the government authorities in accordance with national laws and international human rights standards

I trust that immediate action shall be taken and we look forward to your favorably response in this regard.


Kind Regards


Shahanur Islam Saikot
LL.B (Hon's); LL.M (Law & Justice); PhD Fellow
Advocate

Executive Director
Bangladesh Institute of Human Rights (BIHR)
Flat # B-17, 27, Bijoy Nagar, Dhaka-1000, Bangladesh
Email: saikotbihr@gmail.com, bihr@bangla.net
Cell: + 88 017 20308080, Ph: +88 02 9349851
Fax: + 88 028352166, www.bihr-bihr.blogspot.com

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