TYPE OF VIOLATION:
Right to shelter & land; Rights to personal security and integrity and Rights to personal integrity.
TYPE OF ACT:
Attacked to Grab the Land; Looting Valuable Properties; Destroyed Shelter as well as Physically Assault
IDENTITY OF THE VICTIM:
Physically Assaulted victims:
1. Biswanath Hembrom (35), S/o: Marang Hembrom
2. Laxmiram Murmu (55), S/o: Lox Murmu
3. Lobin Mardi (55), S/o: Sripati Mardi
4. Molin Minse(30), S/o: Shukra Minse
5. Sumon Murmu(40), S/o: Shukra Minse
6. Ruhel Hembrom (4), S/o: Biswanath Hembrom
Total Victims family:
1. Sree Laxmi Ram Murmu, S/o: Naksa Murmu
2. Sree Jogin Murmu, S/o:Subal Murmu
3. Sree Suman Murmu, S/o: Subal Murmu
4. Sree Unil Murmu, S/o: Subal Murmu
5. Sree Marang Hembrom, S/o: Jetha Murmu
7. Sree Biswanath Hembrom (35),S/o: Marang Hembrom
8. Sree Sukal Soren, S/o: Lutra soren
9. Sree Lobin Mardi (55), S/o: Sripati Mardi
10. Sree Provati Mardi, S/o: Joyram Mardi
11. Sree Shabla Mardi, S/o: Chhano Mardi
12. Sree Toro Murmu, S/o: unknown
13. Sree Dhena Hembrom, S/o: Harmu Hembrom
14. Sree Molin Minse(30), S/o: Shukra Minse
15. Sree Budhu Tirki, S/o: Mango Tirki
16. Sree Shukur Tanat, S/o: Lakman Tanat
17. Sree Bisto Kujur, S/o: Kalachan Kujur
18. Sree Lagen Munia, S/o: Monu Munia
19. Sree Chhabed Tanat, S/o: Panchala Tanat
20. Sree Subas Triki, S/o: Budhun Triki
21. Sree Sushil Triki, S/o:Mukchan Triki
22. Sree Shuresh Chore, S/o: Temlai Chore
23. Sree Khagen Triki, S/o: Bipin Triki
24. Sree Ramjit Pahan, S/o: Deben Mora
25. Sree Shuren Pahan. S/o:Bodo Pahan
26. Sree Jatis Pahan, S/o: Sahurul Pahan
27. Sree Bhabes Pahan, S/o:Dadu Pahan
28. Sree Gobes Nunia, S/o:Nuba Nunia
29. Sree Nitai Indua, S/o: Ramesh Indua
30. Sree Sukur Moni Ekka, W/o: Late Ekka
31. Sree Gobes Pahan, S/o:Dadu Pahan
32. Sree Jogen Pahan, S/o: Bingu Pahan
33. Sree Kafil Pahan, S/o:Saharu Pahan
34. Sree Laxman Pahan, S/o:Bingu Pahan
35. Sree Mangla Tanat, S/o: Basu Tanat
36. Sree Bikash Tigga, S/o: Pashu Tigga
37. Bisni Ekka, W/o: Late Mangra Ekka
38. Sonamoni Ekka, D/o: Late Mangra Ekka
39. Sree Raghunath Pahan, S/o: Gajen Pahan
40. Sree Jogen Hasda, S/o: Som Hasda
41. Sree Molit Murmu, S/o:Mandan Murmu
42. Kalpana Kukku, D/o:Sam Kukku
43. Sree Madan Chare, S/o:Bamsai chare
44. Sree Suman Chare, S/o:Matla Chare
45. Sree Chandar Murmu, S/o:Jetu Murmu
46. Sree utpal Murmu, S/o:Kames Murmu
Citizenship : Bangladeshi
Religion : Christian, Ethnical status: Saotal
Home address : All of village: Nakhoil Boarambari, Upazila: Niamatpur, District: Naogaon
Consent : YES
DATE & PLACE OF THE INCIDENT:
Date : 23.09.2010 about 6.45 a.m
Location : In the village of Nakhoil Boarambari Indigenous para, 14 kilometres away from Niamatpur police station (East North Corner) J.L. No. 103 within Bhabicha Union Parishad under Naogaon district.
IDENTITY OF ALLEGE PERPETRATOR(S):
1. Md. Shariful Islam (45), S/o: Ashraf Sonar, Vill: Karali Para
2. Md. Manik Hajari(26), S/o: Samsher Hajari, Vill: Karali Para
3. Md. Lutfar Rahman (50), S/o: Late-Rupchad, Vill: Karali Para
4. Md. Azhar Haque, S/o: Late- Osman Ali, Vill: Karali Para
5. Md. Rana Ali Mondal, S/o: Aiyub Ali Mondal, Vill:Karail Para
6. Md. Azahar Ali Mondal, S/o: Nur Ali Mondal, Vill: KaraliPara
7. Md. Al Mamun Haque Sonar, S/o: Late- Sadek Ali Sonar, Vill:Karali Para
8. Md. Nazu Ali Mondal, S/o: Late-Pacha Mondal, Vill: Zinpur
9. Md. Uzzal Ali, S/o: Ayen Uddin Mondal, Vill: Zinpur
10. Md. Nur Mohammed (40), S/o: Late-Kachhir Uddin Mondal Vill: Zinpur
11. Md. Nazrul Islam, S/o: Late-Kachhir Uddin, Vill: Zinpur
12. Md. Zuel Ali Mondal, S/o: Ayen Uddin Mondal, Vill: Zinpur
13. Md. Mazibur Ali Mondal, S/o: Late-Nila Ali Mondal, Vill: Zinpur
14. Md. Abdus Sattar Mondal, S/o: Late-Mechher Ali Mondal, Vill: Zinpur
15. Md. Monchher Ali, S/o: Shukur Ali, Vill: Zinpur
16. Md. Ashraful Islam, S/o: Md. Labir Mondal, Vill: Zinpur
17. Md. Yaqub Ali Mondal, S/o: Md. Nila Mondal, Vill: Zinpur
18. Md. Rafiquel Islam, S/o: Late-Pacha Mondal, Vill: Zinpur
19. Md. Sadequel Islam, S/o: Pacha Mondal, Vill: Zinpur
20. Md. Afzal Hossain, S/o: Late- Osman Ali, Vill: Amoil
21. Md. Nazrul Islam, S/o: Late: Moyez Ali, Vill: Amoil
22. Md. Mamun Ali Sonar, S/o:Samad Ali Sonar, Vill: Amoil
23. Md. Azabul, S/o: Lete: Achhar Uddin, Vill: Amoil
24. Md. Mozahar Ali Mondal, S/o: Md. Nur Mohammed, Vill: Amoil
25. Ful Mohammod (BiJi), S/o:Shukur Vill: Sonapara
26. Md. Laida, S/o: unknown, Vill: Sonapara
27. Md. Hena, S/o: Rafiquel Islam, Vill: Sonapara
All of post office Chhatra of police station Niamatpur of district Naogaon including unidentified 15 to 20 people.
CASE SUMMERY:
On September 23, 2010 around at 6.45 am 46 indigenous families were attacked by a group of armed people supported by the ruling party Bangladesh Awami League, local unit to grab the victim's land at Nakhoil Boarambari village in Niamatpur upazila of Naogaon. Shariful Islam, the alleged "Land grabber" directly patronized by the ruling party Bangladesh Awami League’s local unit along with his 40/50 o his accomplishes equipped with sticks, spears (locally known as ballam), and machetes attacked the houses of the families at morning on the day. The attackers broke the open doors of their thatched houses and beat them up indiscriminately with spears and other sharp weapons, resulting five men Biswanath Hembrom (35), S/o: Marang Hembrom, Laxmiram Murmu (55), S/o: Lox Murmu, Lobin Mardi (55), S/o: Sripati Mardi, Molin Minse(30), S/o: Shukra Minse, Sumon Murmu(40), S/o: Shukra Minse and one child injured Ruhel Hembrom (4), S/o: Biswanath Hembrom. They also dragged Ruhel Hembrom, a four-year-old son of Biswanatha Hembrom, out of the room with holding his legs and circling him around over the head and threw out the child on the ground. They also looted the valuable properties and cash moneyaround BDT 15,000.00 from the victims. Later, the member of local Niamatpur police station came to the spot and dennied to arrest the perpetrators when the victims requested them to arrest. Rather, the perpetrators ran away while the member of Niamatpur Police Sation asked them to ran away. At last, the victims requested the Assistant Police Superientent (ASP –Circle), Manda to help them and he came as well as arested two accussed Md. Mazibur Ali Mondal, S/o: Nila Ali Mondal of viilage Zinpur and Md. Mojahar Ali Mondal, S/o: Md. Nur Mohammed of village Amoil. The perperpetrators are continuing threats of attack and assult on the indeginous community to leave their land. But the police adminstartion are inactive to take action against the perpetrators.Please visit the link for audio visual record: http://www.youtube.com/user/saikotbihr#p/a/u/0/f8STUs_43do, http://www.youtube.com/user/saikotbihr#p/a/u/1/YGAtxFtJvjY
BACKGROUND HISTORY:
Five indigenous men -- Laxmiram Murmu, Marang Hembrom, Noksha Murmu, Toro Murmu and Lobin Mardi -- inherited a piece of 72 bighas of land. As they went to India due to repression by the local influencial people during the War of Liberation 1971, they could not establish their rights on the land after returning home. As situation improved after the present government assumed power, some 46 indigenous families started living on the land setting up straw houses. The "land grabbers" first attacked them on July 12 , 2010 and damaged their houses. Failing to capture the land, the grabbers again attacked on them on September 23 , 2010 mornings.
LEGAL STATUS:
Biswanath Hembrom (35), S/o: Marang Hembrom of vilage Nakhoil Boarambari, Upazila: Niamatpur, District: Naogaon lodged an First Information report (FIR) with the Niamatpur police station that no. 25/ 162 dated: 23.09.2010 under section 143/ 447/ 448/ 323/ 324/ 325/ 326/ 307/ 354/ 379/ 427/ 506/ 34/ 114 of Penal Code. On the same date police arrested two accused Md. Mazibur Ali Mondal, S/o: Nila Ali Mondal of viilage Zinpur and Md. Mojahar Ali Mondal, S/o: Md. Nur Mohammed of village Amoil and proceded to the learned Chief judicial magistrate Court Naogaon and the court sent them to jail custody. Later on 06 10.2010 the accuseds Md. Mamun Ali Sonar, S/o:Samad Ali Sonar; Md. Hena, S/o: Rafiquel Islam both of village Sonapara; Md. Abdus Sattar Mondal, S/o: Late-Mechher Ali Mondal, Md. Nur Mohammed (40), S/o: Late-Kachhir Uddin Mondal both of village Zinpur; Ful Mohammod (BiJi), S/o:Shukur, Md. Azabul, S/o: Lete: Achhar Uddin both of Village Amoil surrendered before the court requesting bail and the learned court passed the order of their bail.
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| BIHR Investigation team is seen to talk with the Investigation Officer |
ACTION:
BIHR with the help of GHRD investigated the matter on 9-11, 10, 2010, visited the spot, took statements of the victims, eye witness, visited Niamatpur police station, talked with officer in Charge (OC), Investigation officer (IO) of the case, visit the office of the Superintend of Police (SP), Naogaon and talked with him, visited the office of the Deputy Commissioner (DC), Naogaon and talked with her.
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:
· The brutal incident has been perpetrated direct patronized by the ruling party’s local MP as well as the Chairman of Upazila Parishad;
· Though, the perpetrators still issuing the threats against the victim, the local police administration is inactive to take prompt action against them;
· During the incident, the victim repeatedly requested the local police administration to help them to ensure their security through arresting the perpetrators but they did not do that, rather the policemen asked the perpetrators to ran away as well as order the victims to leave their home;
· Though the victims lost their shelter, food and valuable properties include cash money as well as living under the sky, the concerned authority did not provide the food or any others necessary thing for emergency living.
As the victim severely assaulted by the perpetrators, the concerned authority did not provide medical treatment
RECOMMENDATION:
- to form an independent commission headed by a High Court Judge with a view to enquire into the incident of human rights violation as well as publish it asap;
- to submit the charge sheet proving the incident of huamn rights violation 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 adequet medical treatment as well as physical security of all the victims and their family members;
- to ratify the ILO convention 161 as well as take necessary step to hand over the ownership of their lands;
- 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, Switzerland
Secretary General/Executive Director
Bangladesh Institute of Human Rights (BIHR)
Email: saikotbihr@gmail.com; Skype:saikot.bihr
Cell: +88 017 20308080, www.bihr-bihr.blogspot.com
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