BANGLADESH: Rape; violence against woman; negligence of duty; threat; intimidation; extortion; corruption; abuse of power; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to update you about a case involving a rape victim who is facing continuous threats from the alleged perpetrator due to the deliberate inaction of the Paikgachha police in Khulna district (To learn more details, see our original appeal: UA-306-2006). We were informed that the Investigation Officer of the case submitted his report to the court with charges filed against the alleged rapist. But assault charges against the other four perpetrators have been dropped despite statements of witnesses. The victim alleges that bribery might play a role in the police’s decision to drop the charges that paved the way for the alleged rapist to be set free. Meanwhile, the alleged rapist who was charged is still continuously threatening the victim.
UPDATED INFORMATION:
On 11 September 2006, the Investigating Officer (IO) of the rape case Sub Inspector (SI) Mr. Mohsin Uddin, submitted the Charge Sheet No.141 to the Paikgachha Magistrate’s Cognizance Court under section 9(1) of the Women and Child Repression Prevention Act-2003.
The police investigation report brought charges of rape against the alleged perpetrator, Mr. Panchanan Mondol, but dropped the assault charges laid against the perpetrators accomplices. The police investigation report did not include Mr. Panchanon’s brothers and relatives, who were responsible for beating the victim and her family. Although, the report mentions that while Panchanon was raping the victim he was caught by the woman’s family who then apprehended him. Panchanon’s brothers and nephews then barged in and beat the victim’s family members including her husband.
The police investigation report that was officially forwarded by the Superintendent of Police (SP) of Khulna district also mentions that SP Mr. Moynul Islam supervised the case in person. The SP visited the scene and interviewed eyewitnesses. But the SP also overlooked the involvement of the fellow perpetrators. The case has now been forwarded to the Women and Child Repression Special Tribunal of Khulna for trial.
It is clear that the victim and her family are now living in constant fear and that the alleged perpetrator may walk free because of a poor investigation.
BREIF REMINDER OF THE CASE:
Mr. Panchanan Mondol from rich family allegedly raped Mrs. Anita Rani Mondol when she was at home alone on 23 July 2006. Upon hearing her crying for help, her neighbours and her husband, who arrived at home by the time, caught Panchanan. However, Panchhanan’s brother, Mr. Krishnapado Mondol, and his associates, including Mr. Shivpado Mondol, Mr. Bhola Nath Mondol, and Mr. Bipul Mondol, arrived in the scene and assaulted the victim and her husband and took Panchanan away.
The Paikgachha police officially recorded the complaint regarding the incident on July 25 only after receiving strong intervention from a local human rights defender. The police also deliberately delayed the medical examination for Mrs. Anita for five days after the incident took place. Furthermore, the police did not arrest Panchanan even though there is law hat mentions 60 days detention of any alleged perpetrators of rape. On the contrary, Panchanan managed to get an anticipatory temporary bail from the court on August 6.
Since then, Panchanan is constantly threatening the victim’s family and the witnesses of her case. In one occasion, Panchanan allegedly threatened the victim saying that he would get the police to submit the false “Final Report” by bribing to the investigating officer and kill her if she continues to pursue the case. (See further: UA-306-2006)
SUGGESTED ACTION:
Please write to the relevant Bangladeshi authorities listed below urging them to reinvestigate the case as well as the role that the Paikgachha police have played in the investigation. Please also urge them to investigate the allegations of bribery and the alleged intimidation of the victim and witnesses by the perpetrator. Please also send your letters to the relevant UN agencies listed below.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: BANGLADESH: Poor police investigation report makes way for alleged perpetrators to walk free
Name of the victim: Mrs. Anita Rani Mandol, wife of Mr. Jamini Mondol, resides in Khaliar Chak village under the Paikgachha police station in Khulna district, Bangladesh
Name of the alleged perpetrators:
1. Mr. Panchanan Mondol (main suspect/rapist), son of the late Mr. Jitendra Nath Mondol
2. Mr. Krishnapado Mondol, alleged perpetrator 1's brother
3. Mr. Shivpado Mondol, son of Mr. Patiram Mondol, a relative of the alleged perpetrator 1
4. Mr. Bhola Nath Mondol, son of Mr. Patiram Mondol, a relative of the alleged perpetrator 1
5. Mr. Bipul Mondol, alleged perpetrator 1's son
(All the above five men live in Khaliar Chak village under the Paikgachha police station in Khulna district)
6. Mr. Mohshin Uddin, Sub Inspector of Police attached to the Paikgachha police station in Khulna district. He is the Investigating Officer (IO) of the concerned case
Date of the original incident: 23 July 2006
Place of original incidence: The victim's house in Khaliar Chak village under the Paikgachha police station in Khulna district
I am writing to draw your attention to a rape victim who has suffered a grave injustice at the hands of the allegedly corrupt Paikgachha police department in Khulna district, Bangladesh. It is evident that a poor investigation has resulted in the strong possibility that the alleged perpetrator may walk free, while the victim and her family still live in constant fear due to violent threats and intimidation.
According to the information I have received, on 11 September 2006 the Investigating Officer (IO) of the rape case Sub Inspector (SI) Mr. Mohsin Uddin, submitted the Charge Sheet No.141 to the Paikgachha Magistrate's Cognizance Court under section 9(1) of the Women and Child Repression Prevention Act-2003.
I have learned that SI Mohsin Uddin submitted his investigation report to the court with charges filed only against the alleged rapist Mr. Panchanon Mondol. Charges against the other four alleged perpetrators have been dropped despite statements provided by witnesses who had implicated each accused. The victim and the witnesses believe bribery has played a role in the police's decision to drop the charges and has now paved the way for the alleged rapist to be set free. Meanwhile, the alleged rapist is continuously threatening the victim.
I am also informed that the Superintendent of Police (SP) of Khulna district, Mr. Moynul Islam, who supervised the case in person by visiting the scene and having interviewed the eyewitnesses, officially forwarded the police investigation report to the court. However, the SP failed to identify the involvement of the fellow perpetrators. The case has now been forwarded to the Women and Child Repression Special Tribunal of Khulna for trial.
I am seriously concerned that the police officers who dropped the assault charges on the four accomplices might have been bribed. I am also worried that this is the first step in a process of freeing the main perpetrator, Mr. Panchanon, from the charges of rape.
I am gravely concerned for the security of the victim, her family and the case witnesses. As far as I am aware, the alleged perpetrator is announcing his confidence in public that nothing will happen to him in the trial while the rest of the perpetrators are celebrating the occasion of not having been charged in the case. It is evident that Panchanan is pressuring the victim to withdraw the case. I also know that people in the area are worried that justice will never be given to the victim under the current circumstances.
In light of the above, I strongly request that you order a prompt, fair and thorough reinvestigation into the alleged rape case, the ill-conduct of the Paikgachha police, and the allegations of police bribery. The alleged rapist must be prosecuted and brought to justice as soon as possible.
Disciplinary and legal action must be taken against any officer who deliberately delayed the case. I also urge you to inquire about the alleged intimidation to the victim and witnesses from Panchanan. If it is proven true, the police should take proper action against Panchanan. I further urge you to ensure that the security of the victim, her family and witnesses who have been intimidated by the perpetrator during the investigation period. Lastly, I urge the Bangladesh government to introduce witness protection legislation and set up an effective witness protection mechanism to provide justice for the victims.
I look forward to your urgent intervention in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Prof. Iajuddin Ahmed
President & Chief Adviser
Government of the People's Republic of Bangladesh
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041, 7161501/A, 8311202/ 7161503/A
Fax: +880 2 9566242 or 9566593
2. 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
3. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568
4. Mr. Khoda Bokhs Chowdhury
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
5. 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)
6 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)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
