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BANGLADESH: Police corruption allows the same girl to be kidnapped four times in one month; she remains missing

September 15, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-119-2009



15 September 2009

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BANGLADESH: Police corruption allows the same girl to be kidnapped four times in one month; she remains missing

ISSUES: Abduction; child and minority rights; violence against women
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NEW RELATED REPORTS:

Use of Police Powers for Profit:
Disconnected policing and the justice trade in Bangladesh
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that corrupt officers in the Paikgachha police have allowed a twelve-year-old girl to be kidnapped four times. The girl is from the Hindu minority. Each time the police have either refused to help the mother, or have accepted bribes from the perpetrators to waive a criminal charge. When the girl was abducted on the last occasion, the Sub Inspector in charge kicked the mother and refused her request for help and was later seen helping the kidnappers remove the girl from the area. She remains missing. Though some progress has been made through legal channels, little practical action has been taken either against or by the police, and the girl's widowed mother has received death threats from police officers and other influential people in the area.

CASE DETAILS: (According to the victim's family and other eyewitnesses)

Ms. Rupa Mandal, a twelve year old from a single parent family in Paikgachha town, was first abducted by a young Muslim man after the family rejected his marriage proposal.

On 22 July the man, Zohor Ali Morol, and a number of others kidnapped Rupa. Her mother came to learn that she was being held nearby in the building of a prospering company (Jewel Fish Product). The company is owned by a member of parliament and various police and government officials are reportedly shareholders.

Rupa's mother, Mrs. Shukkuli Rani Mandal appealed to the Paikgachha police, who retrieved the girl but failed to lodge an official criminal complaint; instead they allegedly took a bribe from the kidnappers and released them. Again, on 27 July, Rupa was taken by the same people to the same building. When police officers refused to intervene, local people helped to rescue her.

The third time, on 19 August, Rupa was taken from her house in the morning and kept at Zohor's house. Instead of filing a criminal case, Paikgachha police brought Zohor and his associates to the police station that day to negotiate.  A number of top officials with shares in the Jewel Fish Product Company also allegedly got involved and a settlement was reportedly reached in writing: Zohor and others would pay a bribe to the police, Rupa would be returned and he would find a Muslim girl to marry.

However, it was later learned that the abductors later told the widow and her daughters that Zohor would go ahead with the marriage to Rupa regardless, and that anyone that tried to stop him would be killed. At the mother's request a  local Member of Parliament (MP) Mr. Md. Sohrab Ali Sana, supported a letter that she wrote to the Paikgachha Officer-in-Charge (OC) asking him to look into the allegations and arrange protection for the family. However, at the time of this Appeal nothing has been done.

On 22 August, Zohor and his associates took Rupa from her home once again. Despite repeated requests for help and protection. Rupa's mother and sister, Ms. Krishna Mandal, were beaten by the kidnappers, and the girl remains missing. Despite their previous failure to act, Mrs Shukkuli again sought help from the Paikgachha police, and was directed to a Sub Inspector (SI) Delwar Hossain (the second officer, who had previously handled the case). According to Mrs. Shukkuli's, she managed to find SI Delwar at the Paikgachha bus terminal and by bending submissively to embrace his legs, asked for his help. She reports that he then kicked her and said: "Do you expect the police to guard your daughter all around the world? Go away and find her yourself". He allegedly told her not to disturb him again. However, she went straight to the Jewel Fish Product office after that to continue her search. She found SI Delwar there with his motorbike, directing the abduction of her daughter with Zohar in a boat from the adjacent river port. She shouted for help but no one came.

Since then Mrs Shukkuli has been able to force the lodging of an First Information Report only after filing a Petition Case (No. 211/09, under Sections 7/30 of the Women and Children Repression Prevention (Amendment) Act-2003) with the Special Tribunal for Women and Children Repression Prevention of Khulna, which sent an official order to the Paikgacha OC to record the petition as an FIR. The court has ordered that the case be given to the Criminal Investigation Department (CID) for investigation, that a draft map of the crime scene be prepared, alamats (material evidence) be seized, and the abducted girl be located and rescued. The Special Tribunal has asked the police submit their report on 21 October 2009.

After the court's order the police (including SI Delwar Hossain) and others attached to the Jewel Fish Product have been threatening Shukkuli Mandal, her family and the witnesses in the case, insisting that they either withdraw or negotiate the case through arbitration so that the alleged perpetrators walk free.

On 10 September 2009, the Khulna district police authority transferred SI Delwar Hossain, rather than subject him to investigation him for criminal offences. Mrs. Shukkuli said that she has struggled to find the money for court and transport fees – about Taka 3000 (US$43) – to file the complaint with the Special Tribunal.

ADDITIONAL COMMENT:

This case demonstrates the near-total lack of respect felt by Paikgachha officers for the rule of law or criminal procedure; instead their priorities appear to lie with bribe money. This is at the expense of a vulnerable minor and a widowed impoverished minority mother.

By ignoring the many requests from Ms Shukkuli to lodge a complaint, even when supported by a parliamentarian, the officers also appear very confident of their impunity. Their faith was rewarded since, as we see, an officer clearly involved in breaking the law is simply transferred rather than investigated. The picture that emerges is of a police force with no particular chain of command in its departmental procedures and operational functions, but rather a chain of corruption.

The Government of Bangladesh, lead by the Bangladesh Awami League, claims that it promotes secularism and creates a minority-friendly atmosphere in the country. Yet when poverty-stricken Hindu families are repeatedly attacked by the State organs and the government remains ineffective, what message is being transmitted to ordinary Bangladeshis? By neglecting to even investigate the Paikgachha and Khulna district police, who appear to have supported and even patronized the perpetrators of this kidnapping for cash, the government is losing its credibility.  

SUGGESTED ACTION:

Please write to the officials listed below, calling for them to investigate the allegations of corruption and misconduct against the Paikgachha police and rescue the abducted girl. Please also ask the authorities to arrange adequate compensation for the victims.

The Asian Human Rights Commission has already written separate letters to the Chairperson of the UN Committee on the Rights of the Child, the Special Rapporteurs on Violence against Women and the Independent Expert on the Minority Issue urging their interventions into this case.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

Re: BANGLADESH: Police corruption allows the same girl to be kidnapped four times in one month; she remains missing

Name of the Victim (Abducted): Ms. Rupa Mandal, age 12, daughter of late Mr. Bikash Chandra Mandal
Name of the victim (Police Torture):
1. Ms. Shukkuli Rani Mandal, age 40, wife of late Mr. Bikash Chandra Mandal
2. Ms. Krishna Mandal, age 14, daughter of late Mr. Bikash Chandra Mandal
All are living in Saral village under the Ward number 5 of the Paikgachha Municipality in Khulna district
Alleged Perpetrators (Abduction):
1. Mr. Zohor Ali Morol, age 22, working as a Staff of the Jewel Fish Product Ltd. at Paikgachha in Khulna district,
2. Mr. Haidar Ali Morol, age 35
3. Mr. Nur Islam Morol, age 26
4. Mr. Asadul Islam Morol, age 38

All are sons of Mr. Intaz Ali Morol, living in Batikhali village under the Ward number 6 of the Paikgachha Municipality in Khulna district

5. Mr. Md. Islam Sardar, age 50, son of late Mr. Sadan Sardar, living in Batikhali village under the Ward number 6 of the Paikgachha Municipality in Khulna district
6. Mr. Md. Salim, age 42, working as the General Manager of Jewel Fish Product Ltd. At Paikgachha in Khulna district
7. Mr. Md. Shahidul Islam, age 40, working as a Staff of the Jewel Fish Product Ltd. at Paikgachha in Khulna district, son of Md. Nowsher Ali Sardar, living in Kazla village under the Sadar police station in Satkhira district
8. Mr. Abdus Sattar Par, age 42, working as a Staff of the Jewel Fish Product Ltd. at Paikgachha in Khulna district, son of late Mr. Nur Ali Par, living in Indonagar village under the Sadar police station in Satkhira district
Alleged Perpetrator (Police Torture):
9. Mr. Delwar Hossain, Sub Inspector of Police, attached to the Paikgachha police station in Khulna district
Date of incident: At 11:00 AM on 22 August 2009
Place of incident (Abduction): House of the victims
Place of incident (Police Torture): Paikgachha Bus Terminal and the Office of the Jewel Fish Product Ltd.

I am writing to express my serious concern over the abduction of a 12-year-old girl of a Hindu minority community by a Muslim group with the direct assistance of the officers of the Paikgachha police station in Khulna district. I urge that the actions of these officers be investigated and if it is found, as I am sure it will be, that they have acted illegally that criminal action be taken against them. N particular Sub Inspector (SI) Mr. Delwar Hossain must be charged for for torturing the mother of the abducted girl when the woman went to seek the assistance of the police to rescue her daughter from the kidnappers.

According to the information I have received, Mr. Zohor Ali Sardar, a staff of the Jewel Fish Product Ltd. at Paikgachha, kidnapped Ms. Rupa Mandal, a fatherless girl of 12 who belongs to the Hindu community on three occasions between 22 July and 19 August 2009. On the first occasion the Paikgachh police refused to register the complaint of the mother of the girl. Upon receiving bribes from the alleged perpetrators the police did not take any action against them but eventually handed over Rupa to her family after rescuing her.

On the second occasion, on 27 July 2009, when the police received bribe from the kidnappers they denied intervening into the incident of abduction. On that occasion the local people rescued Rupa from the Jewel Fish Product and returned the girl to her family.

On 19 August, after the third kidnapping of Rupa from her home the main instigator, Mr. Zohor Ali Sarder confined the girl in his house. The kidnappers beat the mother and sister while kidnapping her. When Rupa's mother Mrs. Shukkuli Mandal went to Paikgachha police station with a written complaint regarding the incident the police refused to register the case. Instead, the police arrested the persons, who were involved in the alleged kidnapping, along with the abducted girl and brought them to the police station. But, on the same evening the police received a huge amount of bribe from the alleged perpetrators and released them from their custody and returned the girl to her family.

On 22 August, the same group of people kidnapped Rupa from her home once again. Immediately after the incident, Mrs. Shukkuli went to the Paikgachha police station to seek their intervention for rescuing her daughter. The on-duty police officer suggested Shukkuli to contact SI Delwar Hossain, who was at the Paikgachha Bus Terminal. When Shukkuli went to SI Delwar he kicked Shukkuli who fell to the ground – a few meters away from where she was standing. SI Delwar said, "Will the police guard your daughter all around the world? Go away and look for your daughter by yourself." The police officer also warned Shukkuli not to disturb him any further regarding the issue.

The crying mother walked to the building of the Jewel Fish Product and saw SI Delwar already there and assisting Zohor Ali Sardar and his supporters to take the abducted girl away by an engine boat to an unknown location. I wonder what type of people are serving in the police department that officers like SI Delwar support the kidnappers instead of rescuing the minor aged girl?

On 25 August, Shukkuli lodged a Petition Case (No. 211/09, under Sections 7/30 of the Women and Children Repression Prevention (Amendment) Act-2003) with the Special Tribunal for Women and Children Repression Prevention of Khulna. On 26 August, the Special Tribunal, in an official order – Memo No. 4695(CRIMINAL), dated 26 August 2009 – asked the Officer-in-Charge (OC) of the Paikgachha police station to record the petition as a First Information Report. The Court also ordered the police to transfer the case to the Criminal Investigation Department (CID) of the police for investigation. It also ordered the police to prepare the draft map of the crime scene, seize the alamats (materialistic evidences) and rescue the abducted the girl. The Special Tribunal asked the police submit their report on 21 October 2009.

I am further shocked to learn that after the court order the police, in collaboration with the people of the Jewel Fish Product Company have been making death threats to the complainant Mrs. Shukkuli Mandal and the witnesses of the case.

I am aware that the district police authority of Khulna has transferred SI Delwar Hossain instead of prosecuting him or suspending him from service following a credible investigation. With regard to this transfer it is apparent that the Bangladesh Police maintain a "chain of corruption" instead of "chain of command" and thereby fail to uphold the laws of the land?

I strongly urge the Bangladeshi authorities to hold a thorough investigation into the illegal actions of the Paikgachha police, particularly SI Delwar Hossain, immediately. The Bangladesh Police require thorough reforms for the sake of establishing the rule of law in the country.

I trust you will take stern and prompt action into this case.

Yours sincerely,

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PLEASE SEND YOUR LETTER 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. M. M. Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058
Tel: +880 2 956 2792

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 
Fax: +880 2 7168557
E-mail: info@minlaw.gov.bd  

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 
Fax: +880 2 7160405, 880 2 7164788
Email: 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. Justice Amirul Kabir Chowdhury
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Telefax: +880 2 9137743

7. Mr. Nur Mohammad
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 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd 

8. Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Fax: +880 41 761300 (O)
Tel: +880 41 761823 (O)
E-mail: digkhulna@police.gov.bd 


Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-119-2009
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.