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BANGLADESH: Gang rape of a minority woman in Bagerhat district

January 11, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

11 January 2006
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UA-018-2006: BANGLADESH: Gang rape of a minority woman in Bagerhat district

BANGLADESH: Rape; Violence against woman; Inadequate action by authorities; Threat and intimidation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged gang rape of a woman belonging to a minority community by six men in Hogolpota village, Bagerhat district on 30 October 2005. 

The victim, accompanied by her husband, was on her way home after making a phone call to her son in India when the alleged perpetrators, Kachin Munshi, Al Amin and four others, stopped her, tied her husband to a tree, and then forced her into a field where she was allegedly gang raped in front of her husband. The perpetrators belong to the ruling political party. The victim sustained injuries to her genitalia and was abandoned soon after the incident took place. Once she was able to free her husband, the victim went home.

The following day, the victim lodged a case with the Sharankhola police station. The police conducted a forensic examination of her on the same date, although the concerned medical doctors of the Bagerhat Sadar Hospital have not yet prepared the report. Only one of the six alleged perpetrators has been arrested to date.

Although the police have charged one of the alleged perpetrators for violation of Section 9(1) of the Women and Child Repression Prevention (Revised) Act of 2003, the AHRC is deeply concerned that the remaining alleged perpetrators remain at large. We are also concerned that the victim has not been afforded appropriate treatment for the trauma she has suffered nor appropriate protection. It was learned that the victim and the witnesses of the case are receiving frequent threats from the absconding perpetrators. As a result, both the victim and the witnesses are in fear of their safety. The victim and her family are also feeling the societal stigma following the attack. None of these factors have been taken into consideration by the relevant authorities.

We urge your strong intervention to ensure that appropriate trauma treatment, medical assistance and protection are afforded to the victim. Please also urge the concerned authorities to ensure the speedy disposition of the victim’s case in court. The concerned government agencies must take steps to ensure that the victim can live her life safely and without any discrimination.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Ms. X (Name withheld), 30-years-old, living in Hogolpota village, under Sharankhola police station in Bagerhat district
Name 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. Four unknown persons, living in the same area under the same police station in Bagerhat district.
Date and place of incident: 30 October 2005 at a field near a sawmill in Shailabunia village beside the road from Amragachi to Rajapur
 
Case details:

On 30 October 2005, at around 9.00pm the victim, accompanied by her husband went to the Rajapur Bazar commercial telephone booth to make a phone call to her son in India. When they were on their way back home to Hogolpota village the alleged perpetrators, Kachi Munshi, Al Amin and four other unidentified persons stopped them nearby a sawmill at Shailabunia village. They then proceeded to tie the husband to a tree and beat him. They then forced the victim to a roadside field where she was allegedly raped in front of her husband. After the incident, the perpetrators left the victim lying on the ground. They intimidated the victim and her husband not to disclose their identity before anyone. The victim managed to crawl along the ground to remove the knot from her husband’s hand. The victim and her husband then returned home. 

The next day, the victim, accompanied by her husband, went to the Sharankhola police station and lodged a case (No. 18, Date - 31 October 2005) against the perpetrators for violation of Section 9(1) of the Women and Child Repression Prevention (Revised) Act of 2003. The police arranged a medical examination of the victim, taking her to the Bagerhat district Sadar Hospital on the same day. The police then arrested Kachi Munshi while the rest of his associates are still absconding. The perpetrators are intimidating the victim that they will do harm again if she does not withdraw the case. The victim and her family are living in their village home in fear and in an unsecured situation. The victim told a fact-finding team from the Task Force against Torture (TFT) of Khulna district that the perpetrators were threatening the witnesses in the case who are also hesitating to give their statements before the court considering their security problem.

The inhabitants of the locality, including members of the local Union Council, assert that the alleged perpetrators are continuously breaking the law and are committing crimes under the name of the ruling political party. The whole community is under threat due to the misdeeds and crimes committed by these people.

The Investigating Officer of the Sharankhola police station, Sub Inspector Mr. M. Nurul Islam told the fact-finding team that the incident was primarily proved and that they were waiting for the medical examination report to be prepared by the doctors before proceeding further. The charge sheet of the case, based on confessions by one of the perpetrators and the result of the forensic test, will be submitted to the court soon.
 
The Officer-in-Charge (OC) of the Sharankhola police station, Mr. Hari Debnath, told the fact-finding team that the police were trying to arrest the other perpetrators responsible for the incident.  

SUGGESTED ACTION:

Please send an appeal letter to the persons below and express your deep concern about this serious case.

Sample letter:

Dear ___________,

Re: BANGLADESH: Gang rape of a minority woman in Bagerhat district

Name of the victim: Ms. X (Name withheld), 30-years-old, living in Hogolpota village, under Sharankhola police station in Bagerhat district
Name 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. Four unknown persons, living in the same area under the same police station in Bagerhat district.
Date and place of incident: 30 October 2005 at a field near a sawmill in Shailabunia village beside the road from Amragachi to Rajapur

I am appalled to learn that a woman belonging to a minority community was allegedly raped by a group of men in Shailabunia village, Bagerhat district on 30 October 2005. I have learned that the victim, accompanied by her husband, was on her way home after making a phone call to her son when the alleged perpetrators, identified as Kachi Munshi, Al Amin and four other persons, blocked her way. They then tied and beat her husband up before forcing her to a roadside field where she was allegedly gang raped.

After the incident, the perpetrators left the victim on the ground and threatened her, and also her husband, not to disclose the matter to anyone. I have learned that one of the alleged perpetrators Chan Munshi was arrested by the police following a case filed by the victim under the Women and Child Repression Prevention (Revised) Act of 2003, and is presently detained in Bagerhat jail. But the rest of his associates are still absconding.

While I welcome the news that one of the perpetrator’s was arrested and is currently detained, I am concerned that the others allegedly involved remain at large. I am also concerned that the government has not properly acted to ensure the victim’s safety. I am aware that the absconding alleged perpetrators are threatening the victim to withdraw her complaint and also the witnesses of the case not to give evidence before the court. The victim also suffered trauma following the incident. 

I urge your strong 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 medical assistance and treatment for the trauma she has suffered. She must also be given compensation and appropriate protection while the case is going on. The concerned government agencies must also take 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 victim’s case in court. I likewise urge that the Government of Bangladesh take effective steps to prevent such violence against women from reoccurring, in particular those who belong to minority groups.

I trust that you will take immediate action on this case.

Yours sincerely,
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PLEASE SEND A LETTER TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363

2. Mr. Md. Lutfozzaman Babor
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.  Ms Gay Mcdougall
Independent Expert on Minority Issues
c/o Global Rights
1200 18th Street, N.W.  
Suite 602  
Washington, D.C. 20036
Phone: 202.822.4600
Fax:  202.822.4606
Email: gaym@globalrights.org 

6. Ms. Yakin Erturk
Special Rapporteur on Elimination of violence against women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006
Email: lohanlon@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-018-2006
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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.