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BANGLADESH: Investigating officer of a rape case is colleague of the accused

October 24, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-236-2008

24 October 2008
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BANGLADESH: Investigating officer of a rape case is colleague of the accused

ISSUES: Rape; violence against women; criminal justice; threat
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a police officer raped a woman on 7 October 2008 but due to tardy action by police authorities the officer was able to escape arrest. A colleague of the accused has been assigned as the investigating officer. 

CASE DETAILS:

A man known as Mr. Farukh Hossain made calls to Ms. Sad (real name withheld for security reason) in which he made explicit sexual suggestions. He also verbally harassed Ms. Sad who is a married woman that lives in a rented house with her six-year-old daughter and mother in Rajshahi city. Her husband currently lives in another city.

At 3:30pm, on 6 October 2008, during her absence, Farukh came to her house by a motorbike with another man who was later identified as Mr. Abdul Hamid, Assistant Sub Inspector (ASI) attached to the Boalia Model Police Station of the Rajshahi Metropolitan Police (RMP). They argued with her mother about her presence at the house. When her mother refused to open the door, they abused her verbally and left saying that they would come again.

At 3:34pm the next day they returned to the house. Finding the main door was unlocked, they entered. When Sad saw them, she asked the reason for their entrance. Without revealing his name, the ASI replied, "Don't you know who I am? We are from the police. I am a 'Daroga' (Sub Inspector) of the police". Then, Sad asked them to get out of the house. Suddenly, the ASI forcibly dragged Sad to a room and closed the door while Farukh pushed her mother and daughter to another room. The ASI warned her not to shout and raped her. During this time, Sad's mother heard Sad crying from the other room.

After a while, the ASI opened the door and left the house along with Farukh. A few minutes later, Sad received a threat call from Farukh on her mobile phone saying, "This time I brought the police to rape you; next time I would bring the Rapid Action Battalion (RAB) for the same job!".  He further threatened to kill her if the incident was disclosed in public.

After this death threat, Sad informed this incident to her relatives and went to the One Stop Crisis Centre (OCC) of the Rajshahi Medical College Hospital (RMCH) at around 7:15pm on the day where she was examined at the Forensic Medicine Department. A clinician collected the sample for DNA examination. However, her medical report has yet to be made available.

Sad's relative called Farukh's mobile phone at 1:30am on October 8 and learned the identity of the ASI. At midnight on the same day when Sad was admitted at the OCC for medical treatment, a staff of OCC sent a written complaint to the Boalia Model Police Station against the ASI for committing rape and against Farukh for assisting the ASI to rape and intimidating her mother respectively. Meanwhile Abdul Hamid had been on duty at the Tiger Mandap in the Raninagar area of the Rajshahi city on the occasion of the 'Durga Puja' (a religious festival) of the Hindu community since October 5.

However, at 2:30pm on October 9, the Boalia police recorded the complaint as a First Information Report (FIR) (No. 5, under Section 9(1) and 30 of the Women and Children Repression Prevention Act of 2000) by which time he had run away. It is alleged that the police have not properly intervene in this case, which resulted in the escape of Abdul Hamid. On same day, he was temporarily suspended by the RMP authorities. Mr. Abdus Sattar, Sub Inspector (SI) of the same police station, was assigned as an Investigation Officer (IO) for this case and the police collected the dress, bed sheet and other materials from the Sad's house as evidence. However, the IO is known to be a colleague of Abdul Hamid.

On October 10, local newspapers covered this incident and the police arrested Farukh on October 15 but they have so far failed to arrest Abdul Hamid.

Sad had been kept at the OCC till October 18 but the OCC authorities did not allow her to meet any member of human rights organizations or media during the period of her stay in the hospital. Further those officials, Dr. Emdadur Rahman and Dr. Nasrin Begum Doty of the Forensic Medicine Department, and Dr. Mozahar Hossain Bulbul and the Coordinator of the OCC of the RMCH who examined Sad have denied providing any information on their findings which is unlikely in a normal rape case.

According to human rights groups, there remain concerns about the impartiality and transparency of the report and the case itself. They also worry about the possible destruction of evidence as the IO is a colleague of the accused.

ADDITIONAL COMMENTS:

The incidents of rape by police are not new in Bangladesh. However the number of cases will be much more than those actually reported as the fact of the case are fabricated or evidence are destroyed. Despite serious criticism by the human rights groups and the media, the police still assign colleagues of the accused to investigate a case where police are involved.

The concept of 'Model Police Stations' was brought before the public with the hope that the police will abide by the laws and change their deteriorated reputation among people. However, the very basic mandate of police agencies that thoroughly investigate the case reported, properly prosecute and punish according to law is not changed, the problem will remain unsolved.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this alleged incident of rape asking them to bring those responsible to justice in accordance with the law.

The AHRC has also written separate letters to Special Rapporteure on Violence Against Women calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

BANGLADESH: Independent judicial officer needed to investigate case of rape where police involved

Name of victim: Ms. Sad (original name is withheld for the sake of her social dignity), aged 27, housewife and a trained team-leader of Ansar and Village Defense Party (VDP) of the union council level, living in an area of Rajshahi city under the Boalia Model Police Station
Name of alleged perpetrators:
1. Mr. Abdul Hamid, Assistant Sub Inspector of Police of the Boalia Model Police Station
2. Mr. Farukh Hossain, a businessman, son of Mr. Abdul Ali, Bastoharapara, Shiroil, Rajshahi, arrested on October 15
Place of incident: victim's house
Date of incident: 7 October 2008

I am writing to express my deep concern over the police's late action and investigation in the case of rape of Ms. Sad allegedly committed by an Assistant Sub Inspector (ASI) attached Boalia Model Police Sation of the Rajshahi Metropolitan Police (RMP) on 7 October 2008.

According to the information that I have received, a businessman namely Mr. Farukh Hossain who used to harass Sad over the phone came in the Sad's house at 3:45pm on October 7 together with Mr. Abdul Hamid, the ASI and while Farukh forcibly pushed her mother and six-year old daughter to a room, Hamid raped her. Few minutes later their leaving Farukh called her on her mobile phone, told her that he would bring the Rapid Action Battalion to do the same job for next time and threatened to kill her if the incident was known to others.

From the information that I have learned, she was brought to the One Stop Crisis Centre (OCC) of the RAjshahi Medical College Hospital (RMCH) at 7:15pm on the same day with the help of her relative where examined and collected samples for DNA test and a staff of the OCC informed this case at midnight on October 8.

However, I am aware that the case was only recorded at 2:30pm on October 9 as a First Information Report (FIR) (No. 5, under Section 9(1) and 30 of the Women and Children Repression Prevention Act of 2000) and during which the ASI Abdul Hamid, who had been on duty at the Tiger Madap in the Raninagar area of the Rajshahi city for 'Durga Puja' (religious festival of the Hindu community) since October 5, escaped from the arrest.

I am disturbed to learn that the Sub Inspector (SI) of the same police station where the Abdul Hamid had worked has been assigned as an Investigation Officer (IO) for this case and the OCC officers had prevented her from meeting with human rights groups and media during her period of hospitalisation, which has caused doubts on the impartiality of the investigation, destruction of evidence and falsification of medical report.

I therefore, urge you to assign an independent and competent judicial officer instead of police officer so that the investigation report will not be biased and those responsible are properly prosecuted and punished according to law. I also urge you to investigate the reason why immediate actions had not been taken and how the accused escaped from the arrest. I further urge you to provide adequate compensation to the victim and protection to her family as they are witness of this case.

Finally, I wish to take this opportunity to remind the government of Bangladesh of the need of changing of investigation process in a case in particular where police officers are involved. The reputation and image of the police does not come from just the concept but from the method of investigation. Police will never get trust from the people unless there are serious changes of investigating system in the country.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
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. Mr. A F Hassan Arif
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O)

4. Major General (Rtd.) M. A. Matin
Adviser
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O)
Fax: +88-02-7160405, 88-02-7164788 (O)

5. Mr. Salahuddin Ahmed
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. 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 

7. Mr. Mahbub Mohsin
Police Commissioner
Rajshahi Metropolitan Police (RMP)
RMP Head Quarters’, Rajshahi
BANGLADESH
Tel: 88 0 721 776386
Fax: 88 0 721 774460
E-mail: pcrmp@police.gov.bd 

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-236-2008
Countries :
Issues :
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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.