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UPDATE (Bangladesh): Government inaction causing threats and harassment of the witnesses and family of the attempted rape victim by police

December 14, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

14 December 2006

[RE: UP-196-2006: BANGLADESH: Government's failure to act has put life of attempted rape victim into great danger; UP-187-2006: BANGLADESH: Repeated police threats to the victim of an attempted rape; UA-296-2006: BANGLADESH: A girl sexually harassed and boy arbitrarily arrested, tortured and detained by the Senhati Camp police in Khulna]
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UP-229-2006: BANGLADESH: Government inaction causing threats and harassment of the witnesses and family of the attempted rape victim by police

BANGLADESH: Attempted rape; police intimidation to the victim; need for witness protection; arbitrary arrest and detention; delay of justice; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding continuous harassment by an alleged perpetrator of an attempted rape of a 14-year-old girl, Muinra.  The Assistant Sub Inspector Mr. Mirajul Islam Miraj had raided the house of the victim, her relatives and the witnesses of the case on December 7 and 10. Furthermore, the police arrested the victim’s brother Mr. Md. Rafikul Islam who was finally released on bail after 94 days of arbitrary detention.  Then on October 24, police attempted to arrest the witnesses to the case. The victim, their families and relatives and the witnesses are scared and are now in hiding. The order to form a judicial probe into the case was issued from the Special Tribunal of Women and Children Repression of Khulna on November 30 however it has not been put into effect. Moreover, the court has been ignoring the appeals of the victim and witnesses on the severe threats made to them and the undue delays in the attempted rape case in favour of the alleged perpetrators (See further: UA-296-2006; UP-187-2006; UP-196-2006). No investigation has yet been conducted into the alleged attempted rape although more than five months have passed since the incident, and there have been no attempts to arrest the perpetrators either.

The AHRC has reported earlier that despite the threats from Mr. Abdus Salam, a member of the the Senhati Union Council ward number 4, Munira refused to withdraw her case against three policemen, including Mr. Mirazul Islam Miraj, Assistant Sub Inspector (ASI) of the Senhati police outpost (See further: UP-187-2006 ; UP-196-2006).  According to the latest information we have received, ASI Mr. Mirazul have been continuously raiding the houses of Munira and the witnesses of her case in the early morning and giving them threats on daily basis in order to discourage the victim, her family and the witnesses from demanding police and government authorities to conduct a thorough and fair investigation to fulfil their duty.

According to the information we have received, at around 2:00am on December 7 about 15 to 20 police officers along with ASI Mirajul raided the houses of Rafikul and Munira, and attempted to arrest Rafikul, who managed to escape. The police also raided the houses of Mrs. Rexona Begum, Mrs. Asma Begum and Mrs. Abeda Begum, whom all of them are the witnesses of the attempted rape case of Munira on the same day.

On December 10 at around 1:00 am, ASI Mirajul raided the houses of Rafikul and the witnesses again to arrest them. Besides, ASI Mirajul attempted to arrest Mr. Hakim Sheikh, a grocer in the village and Munira’s maternal uncle, whose wife is one of the witnesses of Munira’s case. Both the witnesses and their husbands are, now, hiding themselves to escape the police arrest leaving their business. In the same way, Mrs. Rexona Begum and her husband Mr. Sheikh Shahidul Islam and a baby and Mrs. Asma Begum and her husband Mr. Shumon and a baby are also hiding themselves leaving their respective works and business to avoid the police arrest. They are loosing their incomes and failing to get support from the courts because of lack of money to spend for lawyers and related professions that the government should have given enough financial supports for whom could not afford it for their law suits.

Meanwhile, the police authority assigned a female police officer Ms. Rashida Begum, Assistant Superintendent of Police (ASP) of Khulna, to conduct an investigation into the alleged incident of attempted rape of Munira by ASI Mr. Mirajul. Ms. Rashida conducted a farcical investigation sitting in the Khulna Police Office on November 12. According to the victims, the ASP intimidated and rebuked Munira, her mother Mrs. Rahima Khatun Nilu and brother for filing charges against ASI Mirajul instead of exploring the fact. Munira and her mother Mrs. Rahima allege that during the time of interrogation in the office of the Superintendent of Police (SP) Ms. Rashida received a number of calls to her mobile phone from ASI Mirajul and reacted on them according to the direction of the alleged perpetrator. Munira and her relatives are not aware of the investigation report which was compiled by Ms. Rashida to date.

On November 30, Munira’s lawyer Mr. Mostofa Yunus Shwapan submitted a petition to the Court against the continuous failure of the police authority while the former SP of Khulna district, Mr. Moynul Islam, was asked by the Judge of the Special Tribunal of Women and Children Repression to investigate into the case lodged by Munira against the alleged perpetrator, Mr. Mirajul. The Judge accepted the petition and ordered a judicial probe.  However, no Magistrate has been assigned to investigate into the case. No investigation into the case lodged by Munira has yet been conducted by any authority although more than five months have already passed since the incident happened. Allegedly the former SP Mr. Moyenul Islam has done nothing but waste time to extend his favour to ASI Mirajul as a said relative. 

ADDITIOAL COMMENTS:

Despite numbers of interventions made by the AHRC, Munira and the witnesses of her case have been harassed, intimidated and threatened by the alleged policemen without being given any protection from government authorities. The victims as well as the witnesses are suffering from physical torture and harassment, psychological pressure and financial loss in two ways. Firstly, they cannot continue their own business. Secondly, they are spending huge amount of money for hiding themselves and getting legal support for which they are not prepared at all as it is beyond their capacity.

The role of Judges is unexpectedly useless. They have spent five months to order a judicial probe commission to investigate into a case of torture and violence against women. Since November 30 when the Judge of Special Tribunal of Women and Children Repression ordered to form a judicial probe commission, the victims and the witnesses faced unbelievable harassments by the alleged perpetrators.

In particular, in the cases where law enforcement officers are the accused, one of the reasons that Bangladesh courts fail to deliver justice to the victims is lack of the cooperation of witnesses due to the fear of death. Law enforcement officers are not trusted as they are supposed to be by the nation. Rather they seem engage in the acts causing fear to the innocent ordinary people in Bangladesh. Many victims do not even try to make complaints on their cases to the police because they fear further threats or harassments from by the police authority. Even if some people could courageously fight against the unjustness of police and legal officers, people have been discouraged to do so and withdraw the case after experiencing severe threats and dire consequences. Impunity enjoyed among police and other law enforcement officers to their acts of violating rights of citizens who are mostly the poor is the common result manifested by such circumstances.

The AHRC calls on the Bangladesh government to enact a witness protection law and put in a place a witness protection scheme which is administered by an independent office immediately. Sufficient protection against witnesses is important for the realization of justice for the victims.

SUGGESTED ACTION :

Please write to the relevant Bangladeshi authorities listed below and demand their immediate and strong intervention into this case. Please urge them to provide effective protection to the victim, her family as well as the witnesses and fully inquire about the alleged threats against them. Please also urge them to launch a full and independent investigation into the alleged attempted rape case as well as the arbitrary arrest and detention of the victim's brother Rafiqul without further delay.

Sample Letter:

Dear __________,

BANGLADESH: Government inaction causing threats and harassment of the witnesses and family of the attempted rape victim by police  

Name of the victims:
1. Ms. Munira Khatun, aged 14, a student of class nine at the Star Jute Mills High School, daughter of the late Mr. Idris Hawladar Harun, residing in Uttar Chandani Mahal under the Dighalia police station in Khulna district, Bangladesh 
2. Mr. Md. Rafiqul Islam, aged 22, the victim 1's brother
3. Mrs. Rexona Begum, aged 22, wife of Mr. Sheikh Shahidul Islam, living in Khulna
4. Mrs. Asma Begum, aged 22, wife of Mr. Md. Shumon, living in Uttar Chandani Mahal under the Dighalia police station in Khulna district
5. Mrs. Abeda Begum, aged 45, wife of Mr. Md. Hakim Sheikh, living in Uttar Chandani Mahal under the Dighalia police station in Khulna district
6. Mr. Md. Hakim Sheikh, aged 50, a grocer, living in Uttar Chandani Mahal under the Dighalia police station in Khulna district
Name of the alleged perpetrators:
1. Mr. Abdus Salam, Member of ward number 4 of the Senhati Union Council under Dighalia police station in Khulna district (for threats)
2. Mr. Mirazul Islam Miraj, Assistant Sub Inspector of the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest as well as the threats)
3. Mr. Anwar Hossain, Sub Inspector of Police and in-charge of the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest)
4. Mr. Sentu Mollah, police constable number 1632, attached to the Senhati police outpost under the Dighalia police station in Khulna district (for attempted rape, beating and arbitrary arrest)
Date of the recent incident: December 10, 2006; attempted rape took place on 23 July 2006 and the victim and her family receive constant severe threats since then

I am extremely concerned about the continuous police harassment and inaction from the relevant Bangladesh government authorities and the concerned courts into the alleged attempted rape of 14-year-old Munira Khatun. Munira was nearly raped by the aforementioned police officers of the Senhati camp in Khulna district and her brother Rafiqul who was detained in Khulna prison for 94 days with alleged false charges laid by the police in a way to threat victims to withdraw her complaints against the alleged perpetrators.

According to the information I have received, on 7 December at about 2:00 am, ASI Mirajul along with around 15 to 20 policemen raided the houses of Rafikul and Munira, and attempted to arrest Rafikul, who managed to escape the police arrest. The police also raided the houses of Mrs. Rexona Begum, Mrs. Asma Begum and Mrs. Abeda Begum, who are the witnesses of the attempted rape case lodged by Munira. All of eye witnesses are included as accused in the fabricated charges of police assault and restraining them to accomplish governmental duty.

I have also learned that on 10 December at about 1:00 am, ASI Mirajul raided the houses of Rafikul and the witnesses again to arrest them. Besides, ASI Mirajul attempted to arrest Mr. Hakim Sheikh, a grocer in the village and maternal uncle of Munira, whose wife is one of the witnesses of Munira’s case. Both the witnesses and their husbands are, now, hiding themselves to escape the police arrest leaving their business. In the same way, Mrs. Rexona Begum along with her husband Mr. Sheikh Shahidul Islam and a baby, Mrs. Asma Begum, her husband Mr. Shumon and a baby are also hiding themselves leaving their respective works and business to avoid the police arrest. In one hand, they are loosing their incomes, on the other hand, they are failing to get support from courts due to lack of money to be spent for lawyers and related professions according to and without the due process of expenditures.

I am aware that the police authority assigned a female police officer namely Ms. Rashida Begum, Assistant Superintendent of Police (ASP) of Khulna, to conduct an investigation into the alleged incident of attempted rape of Munira by the police ASI, Mr. Mirajul. Ms. Rashida conducted a farcical investigation sitting in the Khulna Police Office on November 12. According to the victims, the ASP intimidated and rebuked Munira, her mother Mrs. Rahima Khatun Nilu and brother, Mr. Rafikul, for filing charges against ASI Mirajul instead of exploring the fact. Munira and her mother Mrs. Rahima allege that during the time of interrogation in the office of the Superintendent of Police (SP) Ms. Rashida received a number of mobile phone calls from ASI Mirajul and reacted on them according to the direction of the alleged perpetrator. Munira and her relatives are not aware of the investigation report conducted by Ms. Rashida till date.

I have been informed that the former SP of Khulna, Mr. Moyenul Islam, who was asked by the Judge of the Special Tribunal of Women and Children Repression to investigate into the attempted rape case, allegedly did nothing but waste time to extend favour to ASI Mirajul as a said relative to the alleged perpetrator.

I have learned that on November 30, Munira’s lawyer Mr. Mostofa Yunus Shwapan submitted a petition to the Court against the continuous failure of the police authority and the former SP of Khulna district, Mr. Moynul Islam, also for failing to investigate into the case. The Judge, responding the petition, ordered a judicial probe. However, no Magistrate has yet been particularly assigned to investigate into the case. To my regret, I learned that no investigation into the case lodged by Munira has yet been conducted by any authority despite more than five months have already passed since the incident.

I am also disappointed by learning about the court's inaction into this matter despite the repeated appeals made by the victim seeking intervention. Now, the victim and her family feel helpless worrying how they would get through horrible time of infinity with uncountable threats.

I was also informed that the government authorities have neither investigated into Munira's attempted rape case even after more than five months since the incident nor taken any attempt to arrest the alleged perpetrators.  In the mean time, her case has been dragged on and on. Now, the alleged perpetrators are harassing the victims and the witnesses irresistibly.

In fact, Munira and Rafiqul's experience is by no means unique. In the cases where police or other law enforcement officers are involved in, one of the reasons that Bangladesh courts fail to deliver justice to the victims is lack of the cooperation of witnesses due to the fear of death or severe threats. The witnesses of Munira’s case are experiencing the same consequences since the very begging of the case. In worst case, even though the witnesses give their statement against police officers to the investigators as well as to the court, they are not taken seriously by both authorities to prove the guilt of the accused. The common result is the manifested impunity among police and other law enforcement officers, who feel free to violate rights of citizens, especially the poor.

In light of the above, I strongly urge you to order a prompt, thorough and independent inquiry as the Special Tribunal has asked to conduct a judicial probe into the alleged intimidation and harassment against the victim's family by the alleged perpetrators. Those responsible must be indicted under section 211 of the Penal Code of Bangladesh and bring to justice as soon as possible. I also urge you to immediately provide effective witness protection to the victim and her family and suspend the concerned ASI during the court proceedings. The victims also must receive adequate compensation as well as proper medical treatment.

In addition, I urge the Bangladesh government to enact a witness protection law and put in place a witness protection scheme, administered by an independent office without delay. Only by taking these measures, justice will be able to be delivered to the victims. I also urge the Bangladesh government to separate the subordinate judiciary, including the magistrate’s courts from the executive. As the Magistrate's Courts are placed under the direct control of the Home Ministry where the police department is also an integral part, this breaches the principle of "separation of powers" and does not ensure transparency in the conduct of judiciary. As a result, no justice is given to the victims in particular those of police torture. I urge the Bangladesh government to deal with this matter in an urgent manner.

I look forward to your urgent intervention in this matter.

Yours sincerely,

---------------

PLEASE SEND YOUR LETTER TO:

1. Prof. Iajuddin Ahmed
President & Chief Advisor
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
The 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. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Sarir Syed
C/O OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)

7. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

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)

9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-229-2006
Countries :
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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.