Investigative Report of HRCBM-Dhaka on kidnapping, converting and rape of a minor school-girl belonging to destitute Hindu Minority living at 502 Strand Road, Chittagong (Investigation conducted by HRCBM-Dhaka on 24th of March, 2007).
I, Adv.Rabindra Ghosh of HRCBM-Dhaka rushed to the spot at 502 Strand Road, Chittagong by bus 268 kilometers away from Dhaka as soon as we came to know that Ms.Mary Das (12) was kidnapped, gang-raped and converted to Islam by some kidnappers within Double mooring Police station of Chittagong Metropolitan Area.
BACK GROUND INFORMATION:
Ms.Mary Das aged about 12 years, by faith Hindu, by nationality-Bangladeshi, by profession – student of Class five. Her mother’s name Ms.Ratna Das ( 32) and father’s name Dayal Das @ Babul Das (37) reside at 502, Strand Road, Chittagong. She is the brilliant student of Lions School, Sadarghat, Chittagong. Her date of birth is 15.05.1994 according to School record. Ms. Mary Das was kidnapped on 28th of October 06 while she was going to take coaching class on way to her private tutor – Ms.Bilkis Begum near Lighter Jetty Sadarghat within Double mooring police station.
Initially a case has been started against four perpetrators namely –1) Bashir Ahmed (27) son of Saleh Ahmed Majee of Charlakkya P.s. Karnafully, Chittagong 2) Mohammad Hanif (26) son of not known 3) Saleh Ahmed Majee and 4) Baby Begum wife of Sale Ahmed Majee of P.s.Karnafully P.S. at Double mooring Police station filed by Dayal Kanti Das @ Babul on 31st of October, 06 under section 7/30 of Nari-O-Shishu Nirjatan Ain, 2000 registered as Double mooring P.S. case No.29 dated 31.10.06.
Police on 20.01.2007 arrested Ms.Shanaz Parveen (30) wife of Md. Dulal of 132 Nasu Maluk Lane, East Madarbari,Chittagong on suspicion although she is not named in the F.I.R. instead of arresting the principal accused. Ms. Shanaz Parveen got bail from the court, as police took no proper initiative to arrest real perpetrators.
The legal guardian of the victim Dayal Kanti Das @ Babul submitted an application requesting the O.C. Double mooring Police on 19.03.2007 for their protection of lives as the kidnappers continuously putting pressure upon them to withdraw the case from their Cell telephone No.01711636614 from unknown destination threatening them for lives. Although a general diary entry No.1165 dated 19.03.2007 has been registered at police station, police took little steps to give justice to the minority victim.
A detailed report of such daring incident of kidnapping was published in the local daily – “The Azadi” dated 16th January 2007 along with the picture of kidnapper – Bashir Ahmed. But police submitted charge sheet NO.29 dated 30.01.2007 not sending up two accused involved with the offence without arresting the principal accused.
Investigation:
I have contacted with Mr.Noinur Rahaman Chowdhury, Police Commissioner,Chittagong, on his Cell telephone No.01715044962, Mr.. Hasinur Rahaman, Director- RAB on his Cell Telephone No.01199709519 and Mr.Khandakar Rezaul Hasan – O.C. Double mooring P.S., Chittagong at his cell No.01716341880 and informed them that till date the victim minority child have not yet been recovered from the possession of kidnappers despite repeated requests from the destitute guardians of the victim- Ms.Mary Das.
Meeting with Mr.Khanakar Rezaul Hasan: O.C. Double mooring P.S.
I along with Ms.Ratna Das – mother of the victim girl, Ms.Sumitra Das – grandmother of the victim and Shuklal Das, Staff reporter of Daily Azadi met with the O.C. Double mooring police at about 5 p.m. and enquired about the latest position of the case, and the victim. The O.C. replied that they could not trace out the victim as the perpetrators are absconding. I also asked why charge sheet has been hurriedly submitted without proper investigation into the matter, the O.C. replied that the Investigating officer of the case could not trace out the victim and the kidnappers in spite of their best endeavor.
I also asked O.C. why they have not taken any steps on the basis of General diary entry No.1165 dated 19.03.07 submitted by father of the victim seeking security of their lives, the O.C. requested the guardian of the victim to lodge a complain on this matter. I also asked O.C. why the charge sheet has not been submitted as per provision of law because the informant specifically mentioned that their minor girl was kidnapped and raped by perpetrator –Bashir Ahmed, the O.C. could not answer this query on this point.
Opinion and Recommendations:
1.Double Mooring police miserably failed to recover the minor victim-girl from the possession of the kidnappers despite repeated letters and requests after lapse of six months after its abduction. As per report published in the local dailies I find ample evidence to prove that the minority child and their legal guardians got no justice from the local administration.
2.Sincerity of the Investigating officer is not prevalent at any material time. It is astonishing that police admitted that they talked with the accused over phone at their mobile telephone No.01711636614 but no effective measures to apprehend the kidnappers was initiated.
3. Police also neglected to arrest the perpetrators although police kept secret relationship with the kidnappers and they know the whereabouts of the perpetrators. And on the other hand the process of impartial investigation of heinous crime has been tarnished wrongfully arresting a woman Ms.Sahanaz Parveen who is not at all involved with this offence, nor her name not in the F.I.R.
4. Police has indulged conversion, illegal marriage and rape of minority destitute family, which are very much offensive and call for departmental action against those police officers responsible for such inordinate delay and lapses.
5. Due to perfunctory investigation by the police the whole family has been endangered and thereby the rights of minority citizen have been denied substantially.
HRCBM-Dhaka calls for further investigations into the state’s unwillingness to acknowledge the atrocities against women and the minorities in Bangladesh. This matter should be accurately investigated if the corruption and impunity of the perpetrators may indicate that those rapes could constitute genocidal acts under the statute e of the International Criminal court (ICC). The investigation is relevant because Bangladesh signed the Rome Statute in 1999 and accordingly, the ICC has jurisdiction over the crime of genocide in respect of Bangladesh.
HRCBM-Dhaka strongly urges both the national government and the international community to take action to condemn the violence against women in Bangladesh. It is time for the government to take its responsibility pertaining to national and international law
The Bangladeshi government remains passive and fails to adequately investigate and charge the perpetrators, and due to unsatisfactory legislation and uncooperative police, it is often very difficult for women to obtain justice for these crimes. Indeed, it is not uncommon for surviving women to face violence from the police when they try to obtain justice for the crimes committed against them.
HRCBM-Dhaka calls for further investigations into the State’s unwillingness to acknowledge the atrocities against women and minorities in Bangladesh. It must be accurately investigated if the corruption and impunity of the perpetrators may indicate that those rapes could constitute genocide acts under the statute of the International Criminal Court (ICC). Such investigations are relevant because Bangladesh signed the Rome Statute in 1999 and accordingly, the lCC has jurisdiction over the crime of genocide in respect to Bangladesh.
We also condemn this incident of kidnapping, conversion and forceful marriage and trafficking of minor victim. We also demand immediate recovery of destitute Ms.Mary Das and safety of their family members. The perpetrators should be brought to book under the law.
I have come back from Chittagong to Dhaka on the next day morning safely.
Prepared and submitted by:
Adv.Rabindra Ghosh.
President, HRCBM-Dhaka, Bangladesh