[RE: UP-187-2006: BANGLADESH: Repeated police threats to the victim of an attempted rape; UA-296-2006: BANGLADESH: A girl sexually harassed and boy arbitrarily arrested, tortured and detained by the Senhati Camp police in Khulna]
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BANGLADESH: Attempted rape; police intimidation to the victim; need for witness protection; arbitrary arrest and detention; delay of justice; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding a 14-year-old victim of an attempted rape, Munira, that she and her family receive threats from the alleged perpetrators (the police officers) almost every day. The victim’s family also reported that despite their repeated appeals regarding the severe threats against them, the court has simply ignored the matter and created undue delays in her case in favour of the alleged perpetrators. Meanwhile, the victim’s brother is still being detained in Khulna prison in Khulna district with a fabricated charge so as to threaten the victim to withdraw her complaints against the alleged perpetrators (See further: UA-296-2006; UP-187-2006). No investigation has yet been conducted into the alleged attempted rape case despite 83 days have passed since the incident. No attempt has also been made to arrest the alleged perpetrators.
As the AHRC has reported earlier that despite threats from Mr. Abdus Salam, a member of the ward number 4 of the Senhati Union Council, Munira refused to withdraw her case against three policemen, including Mr. Mirazul Islam Miraj, Assistant Sub Inspector (ASI) of the Senhati police outpost (See further: UP-187-2006). According to the latest information we have received, Mr. Salam and ASI Mr. Mirazul are continuously threatening Munira on a daily basis.
According to the victim, they have threatened Munira saying that if she did not withdraw her case, her brother Rafiqul would spend his whole life in prison. ASI Mirazul, one of the alleged perpetrators, warned Munira and her family that the Superintendent of Police (SP) of the Khulna district, Mr. Moyenul Islam, is his relative and therefore the police department would do nothing to harm him. He further said that with assistance of the SP, he would implicate Rafiqul in several fabricated charges, including murder, robbery and illegal arms possession so that he would remain in endless detention.
In addition, Munira’s brother-in-law Mr. Sheikh Shahidul Islam, who is her present guardian, reported that the Special Tribunal of Women and Children Repression Prevention has done nothing so far for Munira. He said that during Munira’s case hearing on 28 September 2006, Judge Mr. Belayet Hossain did not listen to the victims appeal about the fearsome situation that she and her family have been facing since the incident. In contrast, responding to the alleged perpetrators, the judge scheduled the next case hearing for November 30, two months ahead. He also said that whenever there was a case hearing, they told the judge of the constant life threatening intimidation against them seeking his intervention, but the judge simply ignored their appeals. Mr. Shahid insisted, “The Court does not do anything for the poor like us. It is only working for the police. In the coming two months, we have to get through horrible time with uncountable threats that nobody knows.”
Meanwhile, on September 19, Munira’s family appealed to the Magistrate’s Cognizance Court of Khulna seeking bail for Rafiqul. However, the court refused to grant bail to Rafiqul, despite the fact that he was in severe condition in the prison without having any medical treatment due to his injuries caused by police torture. This was the fourth time the Magistrate Court has refused to grant bail to Rafiqul who is a torture victim and charged with false cases by the police. Munira’s family plans to again appeal for bail for Rafiqul to the District and Session Judge’s Court of Khulna on October 17. However, they are not quite sure whether the court will grant bail this time. They are helpless how they will get Rafiqul out from the prison and arrange medical treatment for him.
Munira says that the government authorities have neither investigated into her attempted rape case nor taken any attempt to arrest the alleged perpetrators. In the mean time, her case has been dragged on and on. Due to increased level of threats against them by the alleged perpetrators, Munira and her family fear for their lives.
ADDITIOAL COMMENTS:
Munira’s experience is by no means unique. In particular in the cases where law enforcement officers are the accused, one of the reasons that Bangladesh courts fail to deliver justice to the victims is lack of the cooperation of witnesses due to the fear of death. Many victims do not dare to complain of their cases to the police fearing further threats or harassments. Or even though there are some people who dared to fight against the police or other law enforcement officers, they often withdraw their cases after experiencing severe threats or dire consequences. The common result is the manifested impunity among police and other law enforcement officers, who feel free to violate rights of citizens, especially the poor.
Under the circumstances, the AHRC strongly calls on the Bangladesh government to enact a witness protection law and put in place a witness protection scheme, administered by an independent office as soon as possible. Without effective witness protection, real justice for the victims will never be realized.
SUGGESTED ACTION:
Please write to the relevant Bangladeshi authorities listed below and demand their immediate and strong intervention into this case. Please urge them to provide effective protection to the victim and her family and fully inquire about the alleged threats against them. Please also urge them to launch a full and independent investigation into the alleged attempted rape case as well as the arbitrary arrest and detention of the victim’s brother Rafiqul without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: BANGLADESH: No action from the government put life of the attempted rape victim into great danger
Name of the victims:
1. Ms. Munira Khatun, aged 14, a student of class nine at the Star Jute Mills High School, daughter of the late Mr. Idris Hawladar Harun, residing in Uttar Chandani Mahal under the Dighalia police station in Khulna district, Bangladesh
2. Mr. Md. Rafiqul Islam, aged 22, the victim 1's brother
Name of alleged perpetrators:
1. Mr. Abdus Salam, Member of ward number 4 of the Senhati Union Council under Dighalia police station in Khulna district (for threats)
2. Mr. Mirazul Islam Miraj, Assistant Sub Inspector of the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest as well as the threats)
3. Mr. Anwar Hossain, Sub Inspector of Police and in-charge of the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest)
4. Mr. Sentu Mollah, police constable number 1632, attached to the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest)
Date of the recent incident: Attempted rape took place on 23 September 2006 and the victim and her family receive constant severe threats since then
I am disturbed to learn about continuous inaction from the relevant Bangladesh government authorities and the concerned courts into the alleged attempted rape of 14-year-old Munira Khatun. Munira was nearly raped by the aforementioned police officers of the Senhati camp in Khulna district and her brother Rafiqul who is still being detained in Khulna prison with alleged false charges laid by the police in a way to threat victims to withdraw her complaints against the alleged perpetrators.
According to the information I have received, the victim and her family now receive threats from Mr. Abdus Salam, a member of the ward number 4 of the Senhati Union Council, and one of the perpetrator ASI Mr. Mirazul Islam Miraj almost everyday. According to the victim, ASI Mirazul warned Munira and her family that the Superintendent of Police (SP) of the Khulna district, Mr. Moyenul Islam, is his relative and if the victim would not withdraw her case, he would implicate Rafiqul in several fabricated charges such as murder, robbery and illegal arms possession with assistance of the said SP so that he would remain in endless detention. Due to increased level of threats against them by the alleged perpetrators, Munira and her family fear for their lives.
I am also annoyed to learn about the court's inaction into this matter despite repeated appeals from the victim seeking its intervention. According to the victim and her family, whenever there was a case hearing at the Special Tribunal of Women and Children Repression Prevention, they told the judge regarding the fearsome situation that she and her family have been facing, but the judge simply ignored their appeals and has done nothing to protect Munira and her family. In contrast, on 28 September 2006 Judge scheduled the next case hearing for November 30, two months ahead, rather responding to the alleged perpetrators. Now, the victim and her family feel helpless worrying how they would get through horrible time of two months with uncountable threats.
I was also informed that the government authorities have neither investigated into Munira's attempted rape case even after 80 days since the incident nor taken any attempt to arrest the alleged perpetrators. In the mean time, her case has been dragged on and on.
I am further disturbed by apparent attitude in side of the alleged perpetrators by the court. I was informed that the Magistrate's Cognizance Court of Khulna has already refused four times regarding bail application of the victim's family for the victim's brother Rafiqul, who is detained in Khulna prison without any medical attention due to his serious injuries caused by torture. The court constantly ignores the fact that he was illegally arrested and falsely charged by the police.
In fact, Munira and Rafiqul's experience is by no means unique. In the cases where police or other law enforcement officers are involved in, one of the reasons that Bangladesh courts fail to deliver justice to the victims is lack of the cooperation of witnesses due to the fear of death or severe threats. In worst case, even though the witnesses give their statement against police officers to the investigators as well as to the court, they are not taken seriously by both authorities to prove the guilt of the accused. The common result is the manifested impunity among police and other law enforcement officers, who feel free to violate rights of citizens, especially the poor.
In light of the above, I strongly urge you to order a prompt, thorough and independent inquiry into the alleged intimidation and harassment against the victim's family by the alleged perpetrators. Those responsible must be indicted under section 211 of the Penal Code of Bangladesh and bring to justice as soon as possible. I also urge you to immediately provide effective witness protection to the victim and her family and suspend the concerned ASI during the court proceedings. I further request you to take proper action to release Rafiqul so that he can receive adequate medical treatment for his injuries immediately. Independent inquiry should also be launched regarding alleged fabrication of charges against Rafiqul and those responsible must be brought before courts immediately. The victims also must receive adequate compensation as well as proper medical treatment.
Beside this, I urge the Bangladesh government to enact witness protection law and put in place a witness protection scheme, administered by an independent office without delay. Only by taking these measures, justice will be able to be delivered to the victims. I also urge the Bangladesh government to separate the subordinate judiciary, including the magistrates courts from the executive. As the Magistrate's Courts are placed under the direct control of the Home Ministry where the police department is also an integral part, this breaches the principle of "separation of powers" and does not ensure transparency in the conduct of judiciary. As a result, no justice is given to the victims in particular those of police torture. I urge the Bangladesh government to deal with this matter in an urgent manner.
I look forward to your urgent intervention in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' Republic of Bangladesh
Office of the Prime Minister
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
2. Mr. Md. Lutfuzzaman Babar
State Minister
The Ministry of Home Affairs
Government of the Peoples' Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O) or 8359000 (R)
Fax: +88-02-7160405, +88-02-7164788
3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058
4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568
5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677
Fax: +88-02-9563362 or 9563363
6. Mr. Mezbah-un-Nabi
Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88-041-761823 (O)
Fax: +88-041-761300 (O)
7. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Sarir Syed
C/O OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
8. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
10. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
