Dear friends,
The Asian Human Rights Commission (AHRC) has received information that two young women have been raped and one girl narrowly has avoided an attempted rape due to her neighbours’ assistance in three separate jurisdictions of the Chittagong Hill Tracts in Bangladesh. The police have allegedly been biased against the non-ethnic settlers instead of working professionally to uphold the law and investigating the cases credibly. In one of the rape cases, the police did not register a formal complaint as the alleged perpetrator is an influential political leader in the area. The victim’s right to have a credible medical examination has also been denied by the police.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) has learned two allegations of rape and an attempted rape in Chittagong Hill Tracts.
Case-1:
Mrs. Monimukta Chakma (not her real name), a 25-year-old housewife, the wife of Mr. Chandranath Chakma (not his real name), lives in Nalkata village in Kobakhali union council under the jurisdiction of Dighinala upazila of Khagrachhari Hill district in the Chittagong Hill Tracts.
On 18 September 2012, at about 2pm, Monimukta went to a hillock to fetch home her cattle. Mr. Md. Azhar, aged 28, a resident of North Milanpur village of Kobakhali union council, was hiding in a bush at that time. As soon as Monimukta was passing by the area, Azhar grabbed her from behind and raped her. After the rape Azhar fled from the scene while Monimukta was left there unconscious.
Monimukta’s family became worried about her when she did not return home within the usual expected period. Her husband Mr. Chandranath Chakma went in search of Monimukta, who was found at the scene of rape with several bruises over her body. When Chittorgulo heard of his wife’s ordeal he transferred her to the Dighinala hospital. On the same day Chittorgulo filed a case with the Dighinala police station as First Information Report (FIR) no. 4 under Section 9/1 of the Women and Child Repression (Prevention) Act, 2003.
The Dighinala police took the victim to the Khagrachhari Sadar Hospital for a medical examination of the alleged rape. Having received treatment for a week she was released from the hospital. The Dighinala police, who are investigating the case, have claimed that the medical examination report has not proved the alleged rape.
However, the victim’s family alleges that the police are biased against the non-local settlers, who are known as Bangalee in the Chittagong Hill Tracts. The victim’s family alleges that the police have influenced the medical doctors to distort the medical examination report. In order to substantiate this allegation, the victim’s family claims that the police did not arrest the alleged rapist, Md. Azhar, who has been at large since the crime was committed. It has been suspected that the police might have extorted bribes from the alleged perpetrator on condition of setting him free from the rape charge.
Case-2:
A young woman from the Hindu community named Ms. Laboni (not her real name) was raped by a political leader of the opposition party in Lama upazila of Bandarban Hill district. The attack took place on 30 September, 2012 at the victim’s own home when she was alone. The alleged rapist is identified as Mr. Didarul Islam, president of Jatiyatabadi Jubo Dal (youth wing of the Bangladesh Nationalist Party-BNP) of its Lama upazilla unit and a panel chairman of the Lama Municipality.
Due to the political influence of the alleged rapist the Lama police have allegedly refused to register a rape case against him. As a result, the no medical examination could be conducted without a police case regarding the alleged incident of rape. The victim and her family have been constantly intimidated by the alleged perpetrator and his political cadres.
Case-3:
On 2 October 2012, a 14-year-old girl of a Tanchangya community named Mukta Tanchangya (not her real name) was injured during an attempted rape which was foiled by her neighbours at Longadu Punarbashan (repatriation) area under the jurisdiction of Rajasthali upazila in Rangmati Hill district. The incident of attempted rape occurred in a house of the girl’s teacher who is also her private tutor. She used to go the teacher’s house regularly for receiving tutorial assistance from her teacher.
The alleged perpetrator is a classmate of the victim named Ariful Islam, who studies in Gaindya High School together in grade eight, son of one Mr. Emdadul Haque, living in Islampur village of the same area.
On the same day, the girl’s father Mr. Sayttayananda Tanchangya filed a rape case (no. 1) with the Rajasthali police station under Section 10 of the Women and Child Repression (Prevention) Act, 2003. The police initially arrested the alleged perpetrator, who was later released on bail by the Court. There has been no information available regarding whether the police have taken any further action against the alleged perpetrator of the rape.
The human rights groups that actively work and document the cases of crimes of sexual violence in Chittagong Hill Tracts, in particular, observed that most of the rape cases do not lead to prosecution of the alleged perpetrators as a result of the biased role of the police to the non-local settler community. Ultimately, the police ensure impunity to the alleged perpetrators through corruption denying the right to justice to the victims of the local ethnic communities.
SUGGESTED ACTION:
Please write to the authorities of Bangladesh urging them to ensure a credible investigation by competent judicial officers so that the police are prevented from their habit of covering up the crimes they wish. The alleged perpetrators, including the rapist and the police officer who denied registering the rape case, must be punished through a fair and speedy trial. The victims must be afforded adequate compensation from the perpetrators and the authorities for the loss they and their families have suffered.
The AHRC has written a separate letter to the UN Special Rapporteurs, on Violence against Women, on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples and the Chairperson of the Committee on the Rights of the Child calling for their interventions into this matter.
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SAMPLE LETTER
Dear ___________,
BANGLADESH: Three cases of sexual violence in Chittagong Hill Tracts require credible investigations
Name of victims:
1. Ms. Monimukta Chakma (not her real name), aged 25 years, wife of Mr. Chandranath Chakma, living in Nalkata village under the jurisdiction of Dighinala police station in Khagrachhari Hill distirct
2. Ms. Laboni, (not her real name), young woman of Hindu community, under the jurisdiction of Lama police station in Bandarban Hill district
3. Ms. Mukta Tanchangya, (not her real name), a 14-year-old girl, lives in Longadu Punarbashan (repatriation) area under the jurisdiction of Rajasthali police station in Rangamati Hill district
Names of alleged perpetrators:
1. Mr. Md. Azhar, aged 28, son of Md. Gafur Ali, living in North Milanpur village under the jurisdiction of Dighinala police station in Khagrachhari district
2. Mr. Didarul Islam, president of Jatiyatabadi Jubo Dal (youth wing of the Bangladesh Nationalist Party-BNP) of its Lama upazilla unit, living in (which) village under the jurisdiction of Lama police station in Bandarban district
3. Ariful Islam, son of Mr. Emdadul Haque, living in Islampur village under the jurisdiction of Rajasthali police station in Rangamati Hill district
Date of incidents: 18 and 30 September and 2 October 2012 respectively
Places of incidents: Dighinala of Khagrachhari, Lama of Bandarban and Rajasthali of Rangamati Hill districts of Chittagong Hill Tracts
I am writing to voice my deep concern regarding the allegation of two cases of rape including an indigenous woman and a Hindu girl while another indigenous girl had escaped an attempted rape with the help of the people of the neighbourhood in the Chittagong Hill Tracts. It is very disturbing to learn that the police have allegedly favouring the alleged perpetrators instead of conducting credible investigations for the sake of justice and rule of law.
I have received the detailed information from the Asian Human Rights Commission (AHRC) regarding the three cases as provided below:
Case-1:
Mrs. Monimukta Chakma (not her real name), a 25-year-old housewife, the wife of Mr. Chandranath Chakma (not his real name), lives in Nalkata village in Kobakhali union council under the jurisdiction of Dighinala upazila of Khagrachhari Hill district in the Chittagong Hill Tracts.
On 18 September 2012, at about 2pm, Monimukta went to a hillock to fetch home her cattle. Mr. Md. Azhar, aged 28, a resident of North Milanpur village of Kobakhali union council, was hiding in a bush at that time. As soon as Monimukta was passing by the area, Azhar grabbed her from behind and raped her. After the rape Azhar fled from the scene while Monimukta was left there unconscious.
Monimukta's family became worried about her when she did not return home within the usual expected period. Her husband Mr. Chandranath Chakma went in search of Monimukta, who was found at the scene of rape with several bruises over her body. When Chittorgulo heard of his wife's ordeal he transferred her to the Dighinala hospital. On the same day Chittorgulo filed a case with the Dighinala police station as First Information Report (FIR) no. 4 under Section 9/1 of the Women and Child Repression (Prevention) Act, 2003.
The Dighinala police took the victim to the Khagrachhari Sadar Hospital for a medical examination of the alleged rape. Having received treatment for a week she was released from the hospital. The Dighinala police, who are investigating the case, have claimed that the medical examination report has not proved the alleged rape.
However, the victim's family alleges that the police are biased against the non-local settlers, who are known as Bangalee in the Chittagong Hill Tracts. The victim's family alleges that the police have influenced the medical doctors to distort the medical examination report. In order to substantiate this allegation, the victim's family claims that the police did not arrest the alleged rapist, Md. Azhar, who has been at large since the crime was committed. It has been suspected that the police might have extorted bribes from the alleged perpetrator on condition of setting him free from the rape charge.
Case-2:
A young woman from the Hindu community named Ms. Laboni (not her real name) was raped by a political leader of the opposition party in Lama upazila of Bandarban Hill district. The attack took place on 30 September, 2012 at the victim's own home when she was alone. The alleged rapist is identified as Mr. Didarul Islam, president of Jatiyatabadi Jubo Dal (youth wing of the Bangladesh Nationalist Party-BNP) of its Lama upazilla unit and a panel chairman of the Lama Municipality.
Due to the political influence of the alleged rapist the Lama police have allegedly refused to register a rape case against him. As a result, the no medical examination could be conducted without a police case regarding the alleged incident of rape. The victim and her family have been constantly intimidated by the alleged perpetrator and his political cadres.
Case-3:
On 2 October 2012, a 14-year-old girl of a Tanchangya community named Mukta Tanchangya (not her real name) was injured during an attempted rape which was foiled by her neighbours at Longadu Punarbashan (repatriation) area under the jurisdiction of Rajasthali upazila in Rangmati Hill district. The incident of attempted rape occurred in a house of the girl's teacher who is also her private tutor. She used to go the teacher's house regularly for receiving tutorial assistance from her teacher.
The alleged perpetrator is a classmate of the victim named Ariful Islam, who studies in Gaindya High School together in grade eight, son of one Mr. Emdadul Haque, living in Islampur village of the same area.
On the same day, the girl's father Mr. Sayttayananda Tanchangya filed a rape case (no. 1) with the Rajasthali police station under Section 10 of the Women and Child Repression (Prevention) Act, 2003. The police initially arrested the alleged perpetrator, who was later released on bail by the Court. There has been no information available regarding whether the police have taken any further action against the alleged perpetrator of the rape.
The human rights groups that actively work and document the cases of crimes of sexual violence in Chittagong Hill Tracts, in particular, observed that most of the rape cases do not lead to prosecution of the alleged perpetrators as a result of the biased role of the police to the non-local settler community. Ultimately, the police ensure impunity to the alleged perpetrators through corruption denying the right to justice to the victims of the local ethnic communities.
I urge the authorities of Bangladesh to ensure credible investigations by competent judicial officers so that the police are prevented from their habit of covering up the crimes they wish as a result of embedded system of corruption the country. The alleged perpetrators, including the rapist and the police officer who denied registering the rape case, must be punished through a fair and speedy trial. The victims must be afforded adequate compensation from the perpetrators and the authorities for the loss they and their families have suffered.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
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
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
2. Mr. Md. Muzammel Hossain
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
4. Mr. Muhiuddin Khan Alamgir MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)
Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
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
Tel: +880 2 956 2868
6. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
8, Journalist Selina Parvin Road
Mogbazar, Dhaka
BANGLADESH
Tel: +88 02 8331492
Fax: +88 02 8333219
E-mail: nhrc.bd@gmail.com
7. Mr. Hassan Mahmud Khandker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
8. Deputy Inspector General of Police (DIG)
Chittagong Range
Office of the DIG of Chittagong Range
Zakir Hossain Road
Khulshi, Chittagong
BANGLADESH
Tel: +880 31 650120, 655466 (O)
Fax: +880 31 652111 (O)
E-mail: digchittagong@police.gov.bd
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
