URGENT APPEAL: Bangladesh: Rape victim imprisoned in the name of ‘safe custody’ for a week [UA-BA-01.07.2010]

The Hague, The Netherlands URGENT APPEAL: Bangladesh: Rape victim imprisoned in the name of ‘safe custody’ for a week [UA-BA-01.07.2010] ISSUES: Kidnapping, rape, lack of appropriate health services, arbitrary detention. Dear Friends, Between the 23rd of June until the 26th of June 2010 Bangladesh Institute of Human Rights together with GHRD investigated the abduction and rape of a 24 year old woman. After the woman was recovered she was imprisoned at the Rangpur Central Jail for eight days, in the name of ‘safe custody’. Case Details The alleged perpetrator is a member of the Jubo League which is the youth wing of Awami League. On April 13th 2010, he made a marriage proposal to the victim. He had also been to the house of the victim’s cousin, where she was staying at the time, to discuss the possibility of a marriage between him and the woman. However, on May 19th 2010 at approximately 3.00 p.m. the alleged perpetrator abducted the woman. She was repeatedly raped and kept at different places of Kurigram and Rangpur. On May 22nd, the victim was admitted to the Upazila Health Complex Kaunia, after she became seriously ill due to the abuse against her, and stayed there until May 28th. On the same day as she was released from the hospital, the victim was once again taken away and raped by the suspect. The suspect left the woman while they were on their way to Khopatiunder village at approximately 9pm on May 29th. Khopatiunder is under the jurisdiction of the Kaunia police station in Rangpur.On the 31st of May the victim filed a FIR against the alleged perpetrator at the Kaunia Police Station. After the police recorded the case the woman was sent to the department of Forensic Medicine of Rangpur Medical College Hospital on the1st of June for medical examination. The same day she was sent to the Senior Judicial Magistrate Court in Rangpur where the court took her statement. After this an order was issued to send the woman to ‘safe custody’ on the same day. She was taken to the Rangpur Central Jail were she was forced to stay from the 1st of June until the 8th of June. While the woman was kept in ‘safe custody’ she was denied any form of psychological counselling. On the 8th of June the woman was taken from the Ranjpur Central Jail to a safe home run by the Rangpur-Dinajpur Rehabilitation Service (RDRS) where she was given two sessions of counselling. On June 9th, the woman was once again taken to court where she was released from safe custody. The alleged perpetrator together with the Jubo League leader of the local Upazila Unit were arrested on the 26th of May. No date for court hearing has been set yet. BIHR on behalf of GHRD investigated the case between the 23rd and the 26th of June by visiting the place where the woman had been kept, talked to the woman and her family, the police at the Kaunia police station and the Superintendent of the Central Jail. They also spoke to the personnel at the RDRS.

Suggested Action: GHRD finds it very disturbing that the victim girl has been forced by the authorities to reside at the local jail with female prisoners in the name of ‘safe custody.’ In Bangladesh there is a widespread practice of keeping women and girls who have been raped and/or abducted in what is called ‘safe custody’. Safe custody refers to a place where the victim can reside during trial procedures in order to be free of any type of pressure by the perpetrator/s, government officials or other influential persons. It is also a place where the victim is able to recover physically and psychologically. Safe custody must be outside of the jail in a place where adequate living standard facilities will be available for the victims. However, many women and girls in rape and abduction cases are forced to stay at local jails in the name of ‘safe custody’ until the commencement of the trial without any medical treatment or counselling. They are also unable to speak to their families. Not only was the woman kept in ‘safe custody’ at the Rangpur Central Jail, she did not receive any physical or psychological treatment. In the light of the above it is extremely important that the victim receives essential compensation and rehabilitation and that the perpetrators are brought to justice. Specifically, GHRD urges upon the authorities to: Recommendations

Submit the charge sheet proving the incident of abduction and rape as true, as soon as possible after completing an impartial investigation. ensure the exemplary punishment of the perpetrators responsible for this assault and to ensure that an adequate and proper investigation is carried out ensure that the victim an her family receive the necessary legal assistance and medical rehabilitation as required for a full recovery. provide adequate financial compensation to the victim and her family as well as guarantee the physical and psychological integrity with full rehabilitation to the victim. establish and provide separate safe homes with adequate and appropriate facilities in every district of Bangladesh.

We trust that the police shall fulfill their obligations, and that the investigations into this case will continue in order for the victim to receive justice. GHRD will continue to monitor the case. Additional information and documentation will be made available upon request. In order to help, please print the following sample letter and send it to the relevant authorities found below. Thank you In order to help, please print the following sample letter and send it to the relevant authorities found below.

SAMPLE LETTER Dear (.. ) I was recently told about that between the 23rd of June and the 26th of June 2010 Bangladesh Institute of Human Rights together with GHRD investigated the abduction of a 24 year old woman. After the woman was recovered she was forced to be kept in ‘safe custody’ at the Rangpur Central Jail for eight days. Case Details The alleged perpetrator is a member of the Jubo League which is the youth wing of Awami League. On April 13th 2010, he made a marriage proposal to the victim.He had also been to the house of the victim’s cousin, where she was staying at the time, to discuss the possibility of a marriage between him and the woman. However, on May 19th 2010 at approximately 3.00 p.m. the alleged perpetrator abducted the woman. She was repeatedly raped and kept at different places of Kurigram and Rangpur. On May 22nd, the victim was admitted to the Upazila Health Complex Kaunia, after she became seriously ill due to the abuse against her, and stayed there until May 28th. On the same day as she was released from the hospital, the victim was once again taken away and raped by the suspect. The suspect left the woman while they were on their way to Khopatiunder village at approximately 9pm on May 29th. Khopatiunder is under the jurisdiction of the Kaunia police station in Rangpur. On the 31st of May the victim filed and FIR against the alleged perpetrator at the Kaunia Police Station. After the police recorded the case the woman was sent to the department of Forensic Medicine of Rangpur Medical College Hospital on the1st of June for medical examination. The same day she was sent to the Senior Judicial Magistrate Court in Rangpur where the court took her statement. After this an order was issued to send the woman to ‘safe custody’ on the same day. She was taken to the Rangpur Central Jail were she was forced to stay from the 1st of June until the 8th of June. While the woman was kept in safe custody she was denied any form of psychological counselling. On the 8th of June the woman was taken from the Ranjpur Central Jail to a safe home run by the Rangpur-Dinajpur Rehabilitation Service (RDRS) where she was given two sessions of counselling. On June 9th, the woman was once again taken to court where she was released from safe custody. The alleged perpetrator together with the Jubo League leader of the local Upazila Unit were arrested on the 26th of May. No date for court hearing has been set yet. BIHR together with GHRD Dhaka investigated the case between the 23rd and the 26th of June by visiting the place where the woman had been kept, talked to the woman and her family, the police at the Kaunia police station and the Superintendent of the Central Jail. They also spoke to the personnel at the RDRS. Suggested Action: I find it very disturbing the victim girl has been forced by the authorities to reside at the local jail with female prisoners in the name of ‘safe custody’. In Bangladesh there is a widespread practice of keeping women and girls who have been raped and/or abducted in what is called ‘safe custody’. In Bangladesh there are two different terms. Jail custody means the accused is kept in custody before or during trial procedures for as long as the court orders. This is also done to prevent the accused from affecting the trial or investigation. The other term, safe custody refers to a place where the victim can reside during trail procedures in order to be free of any type of pressure by the perpetrator/s, government officials or other influential persons. It is also a place where the victim is able to recover physically and psychologically. Safe custody must be outside of the jail in a place where adequate living standard facilities will be available for the victims. However, many women and girls in rape and abduction cases are forced to stay at local jails in the name of ‘safe custody’ until the commencement of the trial without any medical treatment or counselling. They are also unable to speak to their families Not only was the woman kept in ‘safe custody’ at the Rangpur Central Jail she did not receive any physical or psychological treatment. In the light of the above it is extremely important that the victim receives essential compensation and rehabilitation and that the perpetrators are brought to justice. Specifically, I urge upon the authorities: Recommendations • to submit the charge sheet proving the incident of abduction and rape as true, as soon as possible after completing an impartial investigation. • to ensure the exemplary punishment of the perpetrators responsible for this assault and to ensure that an adequate and proper investigation is carried out . • to ensure that the victim and her family receive the necessary legal assistance and medical rehabilitation as required for a full recovery. • to provide adequate financial compensation to the victim and her family as well as guarantee the physical and psychological integrity with full rehabilitation to the victim. • to establish and provide separate safe homes with adequate and appropriate facilities in every district of Bangladesh. I trust that the police shall fulfill their obligations, and that the investigations into this case will continue in order for the girl to receive justice. Thank you Yours Sincerely

In order to help, please write to the authorities listed below: 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 E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd 2. Mr. Justice Mohammad Fazlul Karim Chief Justice Supreme Court of Bangladesh Supreme Court Building Ramna, Dhaka-1000 BANGLADESH Fax: +880 2 956 5058 Tel: +880 2 956 2792 3. Barrister Shafique Ahmed Minister of Law, Justice & Parliamentary Affairs Bangladesh Secretariat Dhaka-1000 BANGLADESH Fax: +880 2 7168557 4. Ms. Sahara Khatun MP Minister of Home Affairs Bangladesh Secretariat Dhaka-1000 BANGLADESH Fax: +880 2 7160405, 880 2 7164788 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 6. Mr. Nur Mohammad Inspector General of Police (IGP) Bangladesh Police Police Headquarters' Fulbaria, Dhaka-1000 BANGLADESH Fax: +880 2 956 3362 / 956 3363 E-mail: ig@police.gov.bd