HRCBM-DFW

Investigative Report of HRCBM on the incident of rape of Minority children Ms. Soma Rani Paul (10)) of village – Shingerbil, P.S. and District – Brahmanbaria. Incident took place on 24th April 2007 at about 1.00 at night (Investigation conducted by HRCBM-Dhaka on May 12, 2007).

I, Adv.Rabindra Ghosh along with S.Chowdhury of HRCBM-Dhaka proceeded towards Brahmanbaria police station on 12th May, 2007 at about 8 a.m. to ascertain the truthfulness of rape of children from Dhaka in the morning by bus and reached there at about 11 a.m. on basis of news published in the national daily " Samakal" dated 28th April, 2007.

GROUND INFORMATION:

Ms.Soma Rani Paul (10) is a minor child of Haradhan Chandra Paul (father) and Ms.Chanchala Rani Paul (mother) permanently residing at Shibnagar, P.O. Shingerbil, P.S. & District-Brahmanbaria, Bangladesh by religion – Hindu, by nationality –Bangladeshi by profession – student of class II. She gave up her education due to financial hardship. They are destitute but simple law-abiding citizens of Bangladesh. They pass their lives with scanty income. She got one brother more two small sisters not capable to continue study for paucity of fund.

One Abu Taher (42) son of late Sona Meah of village-Shingerbil, P.S. and District-B.Baria is the husband of Ms.Rafea Khatun, one local U.P. female member of the local administration. Abu Taher got his own marriageable daughter also. He was trying to fulfill his desire to do illegal intercourse with this victim-Ms.Soma Rani.  On 24th of April, 2007 at about 09.00 a.m. Abu Taher had gone to house of Ms.Soma Rani and requested legal guardian of the victim to accompany Ms.Soma Rani to issue VGF card for relief good from Union Parishad. The poor guardian, on good faith, accepted the proposal of Abu Taher and allowed their children to accompany for getting VGF cards from Union Parishad. Abu Taher carried the child from their house and brought her at Akhaura, bought some costume for allurement, carried her in a house at Brahmabaria town. Mr.Soma Rani was given to understand that she would be given VGF card on that understanding she stayed in a unidentified room at night on good faith, but at about 1.00 night on 25th night Abu Taher entered into that room of the victim and jumped over her, opened the wearing clothes by force and started to rape twice without her consent.  The victim children started hue and cry, but the rapist intimidated her to kill by a knife. As a result the victim became senseless due to repeated sexual intercourse. In the next morning Abu Taher carried her again near railway station. As there was no train at that time he brought the victim at Shingerbill Bazar and dropped her abandoned at northern side of a bridge in full-blooded condition and escaped.  Sawpan Paul – brother of the victim traced Soma Rani in a precarious condition and recovered her. Then the wretched victim described all her experiences how she has been traumatized.

Sawpan Paul – brother of the victim lodged F.I.R. at O.C. Brahmanbaria police station on behalf of the minor children on 26.04.2007 against the rapist – Abu Taher under section 7/9(1) of Nari-O-Shishu Nirjatan Ain, 2003 that has been recorded as B.Baria P.S. case No.114 dated 26.04.2007.

INVESTIGATION :

We reached B.Baria police station at about 11 a.m. and found the O.C. Md.Mohiuddin (01713373730).  We sought for necessary co-cooperation from O.C. to ascertain the spot where the victim was raped. The O.C. could not identify the spot and requested us to meet the I.O. of the case at Champak Nagar 30 kilometers from police station and it was very difficult to reach Champak Nagar police camp and it took 2 and half hours to reach police camp by engine boat and met with the I.O. of the case- Abul Kalam Azad The I.O. told us that he could not arrest the rapist despite his endeavor. We asked the I.O. whether the victim was accorded medical assistance or not, the I.O. told me that it was not possible on his part as there was no medical center nearby for her treatment.  I also informed the situation to Mr.Ataul Kibria –Superintendent of Police, B.Baria over his cell telephone No.01713373725.

Statements of the victim-child:

We have asked the victim – Ms.Soma Rani how she has been victimized, traumatized and raped, on query she expressed that she has been cheated and misrepresented that she would be given VGF cards for relief materials from Union Parishad as perpetrator's wife is a local U.P. Member. She and her legal guardian accepted the proposal and she accompanied up to Brahmanbaria town as like as her father on good faith. But on that night she was raped two times despite her hue and cry in an unidentified house at B.Baria. She also narrated that after constant sexual intercourse she became senseless and nobody came forward for her treatment and the perpetrator threatened to death with sharp knife. Later on she has been carried with a full-blooded vagina and abandoned her body near a bridge and later her brother – Sawpan Paul, has traced her. She was crying for justice and for legal shelter and rehabilitation by any kind-heated organization. She also thanked us for our legal help and assistance. We have videotaped her full statements.

Meeting with the guardian of the victim-child:

We went to the house of the victim at about 4 p.m. 15 kilometers from Champak Nagar police camp and met the legal guardian of the victims and others who are very much annoyed with nefarious activities of rapist-Abu Taher. They offered us cold drink although they got no capacity to purchase any tea or cold drink; we took cold drink on repeated hospitality. They also requested us to take care of the raped victim in future, as they find no security of life of the victim because of case filed in the police station against the powerful rapist. We assured them that the raped victim would be rehabilitated if our Headquarters approves project.

Recommendations and Findings:

1)The destitute minority child has been misrepresented in the name of offering VGF card by the perpetrator – Abu Taher and she has been enticed away from her house and not only he cheated her legal guardian but also raped twice on false personification and thus the perpetrator committed serious offence punishable under Women and Child repression Act.

2)The I.O. of the case has miserably failed to arrest the perpetrator till submission of this report. We found no alertness/sincerity on I.O. to apprehend the rapist.

3)Police did not arrange any medical treatment for recovery of the victim-child as soon as I.O. came to know that she been abandoned in a full blooded condition near a bridge, although police sent victim to Brahmanbaria Medical for medical examination whether she has been raped or not but no measures for recovery of her injury inflicted upon her could be initiated.

4)HRCBM is greatly concerned at the incident of rape upon Ms.Soma Rani Paul- minority child of Brahmanbaria in Bangladesh.

a)the victim should be given adequate compensation;

b)the perpetrators should be brought to book immediately;

c)the victim should be provided legal assistance;

d)the minority children/women should be protected as per law of the land and also international protocol;

e)Sexual harassment by the perpetrators should be stopped;

f)Ending violence against women and children should be the special events;

g)Caretaker Government of Bangladesh should take necessary steps to safeguard the minority women and children;

h)Rehabilitation of the victim-child should be made immediately as her legal guardian sought for legal shelter and rehabilitation by any other organization in the country. 

We came back from Brahmanbaria by train on the same night and reached Dhaka at about 1 a.m.

Prepared and submitted by:
(Adv.Rabindra Ghosh)
President-HRCBM-Dhaka-Bangladesh.

A minority child in Bhramanbaria district raped (The Daily Samokal, 28th April 07)

From Our Correspondent

BHRAMANBARIA, April 28: Taher Miah (45), husband of a woman member of Bhramanbaria Union Parishad raped a child of 10 years old of a poor minority family. Brother of the victim as a complainant lodged a case with the local police station in this connection.

Taher Miah, husband of Rukia Begum, a woman member of reserved wards no. 7, 8, and 9 of Singarbil Union brought the child along with him for giving a VGF card to her poor family of village Shibnagar. The victim in custody of police told that Taher Miah took her to an unknown place of Bhramanbaria by train and raped her on Tuesday night. Taher Miah later left her in village Amodabad of Shibnagar on Wednesday morning in critical condition. Later on information, family of the child rescued her. 

Prepared and submitted by:
(Adv.Rabindra Ghosh)
President-HRCBM-Dhaka-Bangladesh.

An influential Muslim raped a Hindu minority housewife in Bhramanbaria district, allegation to conceal the incident of rape (The Daily Ajker Kagoj, 05th January 07)

From Our Correspondent
 
AKHAURA, January 5: It was alleged that a Hindu minority housewife (19) of Akhaura Upazila of Bhramanbaria district was forcibly taken away from the house of her husband by an influential and she was also raped by that perpetrator. The incident took place at about 12 midnight on December 27 last at Azampur Kouratuli area under north union parishad of Akhaura.
 
It was also alleged that respectable persons of the village including a Union Parishad member are trying to entitle the victim as a bad girl to conceal the matter.
 
It was learnt that the housewife of Rishipara of Kouratuli area came outside of the house at about 11 pm on December 27 to attend the call of nature. Anis Miah (45), son of Joju Miah of village Azampur was waiting near the toilet and as soon as the housewife came near the toilet, Anis Miah caught hold of her mouth and took her to a jungle 500 yards far from her house. There Anis Miah raped the housewife brutally.
 
The victim said that she respected Anis Miah like her father. She requested Anis not to spoil her chastity but Anis didn’t pay heed to her request. The victim also said that she escaped from the rapist at night somehow. Then she rushed to the railway station to commit suicide as she didn’t want to show her disgraced face to anybody. At that time the guard of the railway station Sukkur Ali stopped her. Later, Sukkur Ali after hearing the story of the housewife took her to his house and there she stayed with Sukkur Ali’s daughter.
 
Elu Miah, uncle of the rapist and also a member of that ward of the local union said that he heard the incident. The victim clearly told him that Anis, son of Joju Miah raped her. It was learnt going to Rishipara that the house of the victim’s father was at the same area. The housewife took shelter at her father’s house after the members of her mother-in-law’s house denied to give her shelter to their house. The mother of the victim said that her husband is a helpless man. They live hand to mouth. They even never went to the police station for fear. Beside this, the incident took place at the house of her daughter’s in-laws.   
 
Through
Rabindra Ghosh

Four held for ransacking puja mandap
Staff Correspondent, Ctg

Police arrested four goons of infamous Fazal Haq Bahini at Raozan upazila in Chittagong on Sunday night after they ransacked a puja mandap.
The arrestees are Jahur, Shah Alam, Mohammad Shafi and Liton. A faction of a ruling party allegedly backs the criminal gang, sources said.

Witnesses said at least 10 criminals riding motorcycles suddenly attacked the mandap at Ekata Club in Noapara of the upazila creating panic among the Hindu devotees. They also beat up a number of the devotees.

Upazila Nirbahi Officer (UNO) Jasim Uddin, who was visiting a nearby mandap at that time, rushed to the spot with police. Police made the arrests from the mandap area.

Source: http://www.thedailystar.net/2006/10/03/d61003012515.htm

Investigative Report of Human Rights Congress for Bangladesh Minorities (HRCBM-Dhaka) about a severe torture on a Minority widow –forceful occupation of her homestead and construction of road arbitrarily by the Chairman of the local Municipality – Order of court statuesque violated at Sadar P.S. Khagrachari,CHT.( Investigation conducted on 25th May,2006)

On receipt of information over telephone I, Adv.Rabindra Ghosh, Prof. Asoke Toru , Adv. Sanaka Ghosh and Vishnu Mondal of HRCBM rushed to the spot to investigate the matter of forceful occupation of land and torture upon a widow. We started for Khagrachri on 24th of May 2006 at about 11.30 p.m. from Dhaka by Bus and reached Khagrachari- Chittagong Hill Tracts at 6.30 a.m. on the 25th May 2005.

Background Information:

Ms. Ratna Das-Gupta (42) a Minority primary school teacher at Khagrachari lost her husband Sunil Kanti Dey six years back. She has two helpless minor children. Sunil Kanti Dey purchased 18 decimals of land from Monoranjan Dev at Ananda Nagar within Mouza 262 Golabari Khatian No. 204 Dag No.1420/1580 within Khagrachari Sadar-CHT before his death and he also took loan from Janata Bank mortgaging the lands.

The Khagrachari Municipality without giving any notice decided to construct road demolishing structures on personal land of Ms.Ratna Das-Gupta. She filed a case in the court of Khagrachari District Civil Judge for injunction – but the Civil Judge did not grant any injunction on 23.03.2006. Being aggrieved Ms.Ratna Das-Gupta filed Revision case No.71/06 in the Court of Divisional Commissioner, Chittaogng. Lately Additional Divisional Commissioner was pleased to grant statuesque on the suit-property by his order-dated .18th April 2006.

But on 16th May, 2006 the Chairman of the Municipality with the help of some local goons started demolishing the structures and constructed a road causing serious law and order situation in the area violating the order of statuesque granted by the court. The Employee of Municipality most illegally assaulted inmates of the house, cut away the threes, looted ornaments and other belongings of the victim-widow with active collusion of the local administration. 

Ms. Ratna Das-Gupta approached the local Police at Khagrachari for their help with an application, but the Police received the application but they have taken neither action against the perpetrators nor took any initiative to save the minority victim during attack on her.

Investigation :

Soon after our arrival we visited the place of occurrence, took snaps of the present position of the homestead of the victim and talked to the local people and the victim among which tenants of the victim were also present.  It is known from the different sources and documents available with us the husband of the victim Ratna Dasgupta met an untimely death unfortunately and the victim was living somehow with two helpless children. The victim managed to have an employment in primary education and became a primary school teacher. As she was in urgent need of money, she took a loan of Taka 2 million from Janata Bank, Khagrachari Branch mortgaging the land while her husband Sunil Kanti Dey was alive. During our interview with the victim she burst into tears.

By this time, inhabitants of the locality made a “Kacha road” for their easy movement each contributing some piece of land from their homestead. At present the Municipality has made the road “pacca” Under this circumstances to extend the road towards south the Municipality authority proposes to make a link road. If this is to be done, land required to be taken from the either side equally. But as the victim was morally weak, a widow and has none to look after her, the authority demand the total land needed from the victim.
At this stage, the victim raised objection narrating her distressed condition to the Municipal authority. But as ill luck would have it, the authority turned a deaf ear to her request and the victim compelled to lodge complain to the district Administration

The Deputy Commissioner passed an order to investigate the matter through Assistant Commissioner – Md. Azmal Huq. Md. Azmal Huq submitted a report after investigation narrating that the victim would suffer a great if the link road were made in the proposed way. He also recommended compensating the victim properly according to market price. But the Municipal authority without paying any respect to the recommendation, started to construct the road demolishing structures thereon, cutting the trees indiscriminately and uprooting the fences of the helpless victim. Thus 45 feet long and 15 feet wide more or less 675 square feet land was filled with mud.

We found the documents of widow-victim properly registered case in the lower court praying for temporary injunction from Civil Judge refraining the opponent from doing such mischief. Having failed to get any justice, prayed for a revision case in the court of Additional Divisional Commissioner, Chittaogong on 18th April, 06 and according the Appellate court passed an order as so as to maintain statuesque. But the opponent party continued the work of construction in the disputed land in spite of having the notification-dated 20.4.2006 from the court regarding the maintenance of statuesque. Lastly, the victim-widow appealed to the Deputy Commissioner/Civil Judge apprising the court’s order and subsequent violation thereof. But nobody cares for any law of the land.

We tried to meet with the local Municipality Chairman of Khagrachari at his office and waited for him for one hour- but it seems to us that the Chairman avoided meeting us for the reasons best known to him.

Meeting with Additional District Magistrate-Khagrachari,CHT:

Before our meeting with the D.C. Khagrachari  I had telephonic talk from Dhaka and I requested him to remain in the office for discussion, but the D.C. was absent and he was very much reluctant to talk to us and not in a position to explain the situation over this destitute family. We experienced a new thing that the wife of the Deputy Commissioner is seem to be more powerful than that of D.C. of this district and she does not allow us to investigate the atrocities against the minorities of Bangladesh. She also does not want us to talk to Deputy Commissioner – Humayun Kabir on this particular issue.

The Deputy Commissioner being out of the station, we tried to meet the A.D.M.- Md. Nurul Amin. As he was busy in his official work, we had to make efforts more than one. At last, we were fortunate to have a glimpse of him at about 3 p.m.  Regarding the judgment of the civil court, he had nothing to say. He opined that none should assault a women like the victim belonging to the religious minority.

Meeting with Superintendent Police and Additional Superintendent Police-Khagrachari:

S.P. being absent, we tried to talk to Addl.S.P. Md. Giasuddin. But he refused to say anything, as S.P. was present at the station. Next, on arrival of S.P. Md. Nowsher Ali we met him. As we informed the S.P. of sad incident of 16th May, 06 when the perpetrators attacked the homestead of the victim-widow and assaulted her whereas the police did not turn up in time in spite of informing them he ensured us that the person concerned should be punished. Regarding not accepting the general diary he asserted it was undoubtedly a wrong. He seemed to be determined to do the needful for the safety and security of the victim.  We wanted to know the attack of perpetrators on Boudha Bihar at Maisdari on 3rd April, 2006 where Bengali settlers suddenly intruded the areas with deadly weapons and occupied 7 acres of land and raped women and girls where Buddhist orphanage for the children situated, in reply the S.P. told us that the situation is under control, but he denied the incident of rape on indigenous women.

Meeting with the Officer-in-Charge of Khagrachari Sadar:

We met with O.C. Khagrachari – Md. Bashir Ahmed. During our investigation we found that the role of police at the time of violation of the order of statuesque at night on 16.05.06 he kept quiet. As to refusal of entertaining the G.D. of the victim he could not answer satisfactorily, rather he wanted to canvass us the Chairman of Municipality was trying to help this destitute lady. But in practice it was quite contrary to his statements. When the victim sought help being endangered by the intruders, he told us a *** and bull story to convince us of his innocence.

Meeting with the Manager of Janata Bank-Khagrachari Branch:

We have also met with the Manager of Sonali Bank-Khagrachari Branch where the victim widow’s husband took loan mortgaging these personal properties. We talked with the Manager who also showed us the record that an amount of Taka 66,164/- was still outstanding. He also told us that he has written a letter to the administration informing them that the widow is indebted to Bank and she is liable to pay the money back. We asked him if the suit-land is grabbed who will compensate the bank’s loan, on reply he told us that according to bank’s rule the legal heirs of the mortgaged property would be liable to pay the loan. It is double jeopardy on the part of the victim-widow.

Ms.Ratna Rani filed criminal case in the Police station for recovery of his land: 

As per our advice the minority victim filed a criminal case in Khagrachari Sadar Police station stating the facts and circumstances involving the perpetrators in the F.I.R. being Khagrachari P.S. case No.04 dated 26.05.06 under section 143/447/323/379/427/354 of Bangladesh Penal code. Police recorded this case for the first time and assured us for proper investigation and justice.

Recommendations and suggestions:

1.Firstly the land of the destitute widow in question still mortgaged to Janata Bank cannot be seized arbitrarily by the local administration without giving notice or proper compensation to the victim.

2.Secondly the Additional Commissioner – Chittagong granted statuesque on the suit-land on April-18th on Civil Revision No.71/06. The Notice of such statuesque has been duly served upon the respondents. But with utter disregard the local administration with malice demolished the structures thereon and cut away the trees and looted belongings in the name of renovation of road construction.  

3.Thirdly the Police showed utter negligence in respect of according protection of law, rather they have ignored urgency of situation and facilitated the Municipal authority to seize the lands of the victim without any lawful authority.

4.Fourthly the police also showed discrimination in not taking the cognizance of the offence committed by the men of Municipal authority on May 16, although the police from the victim have received a written allegation in time, although there is no need of complain if it is a cognizable offence according to law. 

5. Fifthly the Civil Judge (Deputy Commissioner) committed serious error of law in not granting injunction while a petition has been submitted and moved before his court on 22.03.06 before arbitrary action being done by the Municipal authority.

5. Sixthly the Chairman of Khagrachari Municipality without any lawful authority evicted the destitute minority family arbitrarily and incited and engaged some people to loot the belongings of the victim including trees standing on the land in dispute. This highhandedness on the part of the local administration is far from imagination.

7. Seventhly the local administration has not only committed contempt of court but also violated international protocol of human rights.

Findings :

We observed that the incident took place with the direct patronization of the local administration. The administration has totally failed to protect the destitute minority to retain her property as per Article of constitution of the country as fundamental rights and rather she has been tortured for no offence.

Repeated failure on the part of the Administration to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities is violation of Human Rights as per resolution 1995/31 of 25 July 1995. The Government of Bangladesh should protect the rights of citizen belonging to religious minorities. The Minorities should be protected and their rights of ownership should be guaranteed as per law of the land. The violators of law should be punished as per law and the constitution of the country. The minority victim should be adequately compensated. Arbitrary eviction from the rightful ownership coupled with contempt of court is punishable under the penal code of Bangladesh.

We came back from Khagrachri by Bus on the next day and reached Dhaka on 26th May 2006 at night safely.

Prepared and submitted by:

Adv. Rabindra Ghosh.
President, HRCBM-Dhaka-Bangladesh.

News from the hills is alarming, to say the least. A clash between the in`igenous people of three villages under Mohalchhari Thana, Khagrachhari and Bangalee settlers there have left at least 50 people injured. In the incident two young girls of the indigenous community fell victim to rape and a few people, including children, were missing till Friday last. The atmosphere is charged with so much mistrust and hatred that about 1,500 people of the three villages who fled during and after the clash dare not return home. The army and police stationed there claim they are trying to restore order and peace but the hill people are not convinced enough.

Newspaper reports are categorical that the Bangalee settlers were aggressors and the indigenous people were at the receiving end. But to say that the settlers turned aggressors on their own is a misstatement. In fact, they were incited by the local Bangladesh Nationalist Party (BNP) leadership with indirect support from the local administration. The motive is to grab land owned by the indigenous people. The source of the clash was such a land-grabbing attempt and construct a house on hill people’s homestead in Maichchhari village. The main partner of the coalition government, BNP is exposing its fascist character almost everywhere. Kansat is a witness to this. Its hatred for and hostility towards the minority and indigenous people—apart from the main Opposition Awami League—is an established fact. After the 2001 parliamentary election, all hell was let loose with the BNP cadres indulging in a spree of violence, rape and looting.

The old wound of Bangalee-hill people conflict is opening once again. Because the BNP leadership is not sensitive enough to the hill people’s psychology of a subordinate nature, it is instigating the uneasy relations, instead of healing the wound. Time the leadership came to realize the implication of this localised conflict getting out of hand and spreading beyond the confine of the three villages. Leaders of the hill people have been sounding alarm bells for quite sometime. But there is no one in the government to take the warning seriously. This latest aggression on the hill people bodes ill for the peace that was salvaged from scratches by the Awami League government. The BNP may remain true to its fascist character only to the peril of the entire country. It is easy to sour relations between two communities, the challenge is to establish sustainable peace.

That the government does not care much for peace in the hills is clear from the fact that not one minister or top BNP leader has taken note of the situation. It was in the fitness of things for a minister to rush to Khagrachhari and pay a visit to the three villages. It would have helped to return normalcy in the area. The indigenous people could gather enough courage to return home. How step-brotherly the administration’s treatment is can be gauged from one single fact. Of the 30 Bangalees and six indigenous people arrested in connection with the Monday’s ugly incident, 24 Bangalees have been released on bail but none of the six hill people were released. Even the two rape victims’ medical test was carried allegedly after 48 hours. There is a concerted effort to protect the aggressors. This is condemnable. The main partner of the ruling party must mend its fascist way or else it will end up inviting trouble for itself and the country.

Source: http://www.bangladeshobserveronline.com/new/2006/04/09/editorial.htm

Murthi (Deities) of Hindu Temple demolished and desecrated  by unknown perpetrators at Raipur within Laksmipur District of Bangladesh on 22nd March,2006 ( Ajker Kagoj dated 28th March,2006 and Janakantha dated 28th March,06)

On last 22nd of March, 2006 at night some unknown perpetrators demolished and desecrated the Hindu Murthes at Ghosh Bari at Raipur P.S. within the district of Laksmipur. It is alleged that no action has been taken by police despite allegation has been sent to the Superintendent of Police, O.C. of Laksmipur for necessary action. The member of the Puja Committee of the Kali Temple -   Gobinda Ghosh, Ajit Kuri, Dulal Kuri and Pran Kuri reported the matter to the journalists that some unknown perpetrators with motive wrongfully entered into the Temple premises and   broken the Kali, Saraswati, and Laksmi Murthies at night on 22nd of March,2006. Police could not find out the perpetrators in spite of repeated requests even after lapse of 3 days. The Local police requested the committee members of Temple not to report the matter to the journalists.

A sense of insecurity amongst the Hindu minority is prevailing.

Through:
Rabindra Ghosh
President-HRCBM-Dhaka-Bangladesh

Charge sheet submitted secretly in sensational Bashkhali case where 11 members of same family roasted alive. The prime accused Amin Chairman’s name omitted from the list.

See the news(in Bengali) at http://hrcbmdfw.org/forums/153/ShowThread.aspx#153