BANGLADESH: Rape; violence against woman; unfair prosecution for trial; inadequate action by authorities; threat and intimidation; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the gang rape of a woman belonging to a minority community in Bagerhat district (to see details of the original appeal, please refer to UA-018-2006). Following an investigation having taken place, a charge sheet has been lodged and two persons have been charged. However, of crucial importance is that four persons, who belong to the ruling political party and who are suspected to also be perpetrators of this crime, have not been named and therefore will walk free. The reason for this is that due to their political and social power, and owing to threats and intimidation having already been directed at the witnesses, the witnesses are now refusing to officially name the four suspects and therefore the trial will go ahead without them involved. The same level of threat and intimidation is also being directed at the victim and her family. While the AHRC welcomes the news that a trial will go ahead, without all of the alleged perpetrators having to face court for the allegations made against them, the trial can only be considered partial and falls well short of what is required if justice is to be properly served.
On 31 October 2005, the victim lodged a complaint (Number: 18, Date – 31 October 2005) with the Sharonkhola police station, who placed Sub-Inspector Mr. Nurul Islam in charge of the investigation. On 12 December 2005 the police submitted their charge sheet to the Women and Children Repression Prevention Special Tribunal of Bagerhat.
However, according to information now received, the Investigating Officer, Sub-Inspector Nurul Islam named only two persons, Mr. Kachi Munshi and Mr. Al Amin on the charge sheet despite having identified six persons involved with the crime. Both men were charged and Mr. Munshi was arrested by the police and detained in prison. The court issued an arrest warrant against Mr. Amin, but his whereabouts have remained unknown since the alleged rape occurred. As for the remaining four persons, all are influential leaders of the ruling political party, Bangladesh Nationalist Party (BNP), and perhaps because of this, remain at large. It is believed that the mens political and social status has resulted in their being omitted from the police investigations.
The nine witnesses in this case have expressed their fear for the repeated threats and intimidation being directed at them from influential political groups. The witnesses have said that for their own safety, the influential people should not be charged. The victim and her family are also living in fear of further attack from those political groups. Although they are not satisfied with the charge sheet and believe that some of the perpetrators will not be brought to justice for their crimes, they hope that at least some sense of justice will prevail with the remaining two offenders.
SUGGESTED ACTION:
Please send letters to the persons below and express your deep concern about this serious case. Please urge them to ensure that all persons alleged to be involved in this crime, are brought before a court of law to answer to the allegations made against them. Please also highlight the fear that both the victim and the witnesses are currently living in and the protection that is required to remedy this. Should the allegations be proven in court, full and appropriate compensation must be afforded to the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
BANGLADESH: Four alleged perpetrators of rape walk free due to their political influence and power
Name of victim: Ms. X (Name withheld), 30-years-old, living in Hogolpota village, under Sharankhola police station in Bagerhat district
Names of alleged perpetrators:
1. Kachi Munsi, son of Hakim Munsi, living in Rajapur village
2. Al-Amin, son of Babul Howladar, living in Dakkhin Badhal village under Sharankhola police station in Bagerhat district
3. Ataur Rahman, general secretary of the local union council unit of the Bangladesh Nationalist Party (BNP), living in Sharankhola in Bagerhat district
4. Three influential persons belonging to the ruling political party (the Bangladesh Nationalist Party-BNP), living in the same area under the same police station in Bagerhat district.
Date of incident: 30 October 2005
Place of incident: At a field near a sawmill in Shailabunia village beside the road from Amragachi to Rajapur
I am writing to express my deep concern regarding the case of a woman belonging to a minority community, who was allegedly raped by a group of men in Shailabunia village, Bagerhat district on 30 October 2005. I have learned that the Sharankhola police have completed their investigation giving impunity to four of the suspects who belong to the ruling political party, the Bangladesh Nationalist Party (BNP) and submitted the charge sheet to the court with only two of the alleged perpetrators named. The two persons, Mr. Kachi Munshi and Mr. Al Amin, were charged in the police investigation report although the witnesses clearly mentioned the names of the four political people, but later withdraw their statement out of fear for their safety. Such action follows serious threats and intimidation being directed at the witnesses, the victim and her family.
I am also aware that only one of the alleged perpetrators, Mr. Kachi Munshi, has been arrested by the police and detained in prison as Mr. Al Amin is currently absconding. The remaining four suspects remain uncharged and are free to continue on as usual.
I am concerned that the government has not acted properly to ensure a fair and impartial investigation in this case. I am also deeply concerned for the safety of the victim, her family and the witnesses. I am aware that the absconding alleged perpetrators are threatening the victim to withdraw her complaint and also the witnesses in the case not to give evidence before the court.
In light of this, I urge your strong and prompt intervention to ensure that the remaining alleged persons are investigated and charged, if it is found they were involved in the gang rape of the victim. I also request that the victim is afforded adequate compensation and appropriate protection while the case is going on. The concerned government agencies must also take effective steps to ensure that the victim can continue her life in safety and with integrity.
I further urge you to ensure the speedy disposition of the victims case in court. I further request that the Government of Bangladesh takes effective steps to prevent such violence against women from reoccurring, in particular against those who belong to minority groups.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mrs. Begum Khaleda Zia
Honourable Prime Minister &
Minister for Establishment
Prime Minister's Office
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
E-mail: pm@pmobd.org or psecretary@pmobd.org (to the Secretary)
2. Mr. Md. Lutfozzaman Babor MP
State Minister
The Ministry of Home Affairs
Government of the Peoples Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069, 8359000
Fax: + 88-02-7160405, 7164788
3. Mr. A. J. Mohammad Ali
The 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
4. Mr. Syed J. R. Mudassir Husain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058
5. Mr. Abdul Quayum
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363
6. Deputy Inspector General (DIG) of Police (Khulna Range)
Office of the DIG of Khulna Range
Khulna-9000
BANGLADESH
Tel:+88 041 761823 (O)/+88 041 461184 (R)
Fax:+88 041 761300 (O)
7. Ms. Gay Mcdougall
Independent Expert on Minority Issues
c/o Global Rights
1200 18th Street, N.W.
Suite 602
Washington, D.C. 20036
Tel: +1 202 822 4600
Fax: +1 202 822 4606
Email: gaym@globalrights.org
8. 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)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahcrhk.org)
