Name of the victim : Mrs. Nusrat Jahan
Meghla (Baby)
Type
of Violation : Right to liberty
and security, right to personal integrity
Type of Act : Abduction and rape
Investigation
conducted by : Adv. Shahanur
Islam, Executive Director, BIHR, Rabindra Prasad Gupto, GHRD, Golam Mostofa, Coordinator,
TFT, Rangpur and Dipak Kumar Pal, Coordinator, TFT, Gaibanda
Date of investigation : 23-27 June, 2010
 |
| Rangpur Central Jail, where the victim was forced to live in the name of safe custody |
IDNTITY OF THE VICTIM:
Name : Mrs.
Nusrat Jahan Meghla (Baby)
Age at time of event :
24 years
Citizenship : Bangladeshi
Religion : Islam
Home
address: Village: Harinsinda, Union:
Ramchandrapur, Post, P/s & Dist: Gaibandha
DATE AND PLACE OF THE
INCIDENT:
Date :
May 19 to 22, 2010 and May 28 to 29, 2010.
Location : Different
unidentified Place of Kurigram and Rangpur district including House of Mr.
Abdul Aziz of the Village: Shibudoitari, P/s: Kaunia, District: Rangpur
ALLEGED PERPETRATORS:
1) Md. Bulet Miah (30) son of Sarder Abdul Hakim of village Nizpara, P/s and
District: Rangpur
2) Mr.
Abdul Aziz, son of Taher uddin of the village Shibudoitari Post Office:
Boraihat P/s: Kaunia District: Rangpur
CASE SUMMERY:
Bulet Miah, son of Sarder Abdul Hakim of the village Nizpara under
police station Kaunia in Rangpur district who is also cadre of Jubo League
youth wings of Bangladesh Awami League, Kaunia Police Station Unit, proposed
the victim Nushrat Jahan Meghla (Baby) while she was visiting the Tista Bridge
on April 13, 2010 and the victim asked him to give the proposal to her cousin
Mr. Chandan where she was living for last couple of days. Later, the
perpetrator Bulet Miah made proposal to her cousin appearing his house at Tista
East Dalal Para under police station and district Lalmonirhat and made a good
relation with the victim. On May19, 2010 around at 3.00pm Bulet Miah abducted
the victim by temptation to marry from the
southern side of Tista Bridge and repeatedly rapped her in difference place of
Kurigram and Rangpur fraudulently introducing them as a legal couple.
Meanwhile, the victim was admitted at Upazial Helath Complex, Kaunia on May 05,
2010 while the victim became
seriously sick due to the atrocity committed against her. Later she was again
repeteadly rapped in whole night by Bulet Miah in the house of Mr. Abdul Aziz,
son of Taher uddin of the village Shibudoitari at Boraihat post office under
Kaunia policesation in Rangpur district on May 28, 2010 while she was realese
from the hospital after cure. On May 29, 2010 around at 7.00pm the perpetrator took the
victim to the house of Mr. Nazrul Islam of village Haldibari Rail Gate under
Kaunia police station in Rangpur district and assuerd her to marry before more
people. Then the perpetartor escaped leaving the victim on the way of the home
of Mr. Jomsher Ali, of the village
Khopatiunder kaunia police station in Rangpur district around at 9.00 pm on the
same day. Then the victim searched the perpetrator and went to the home of Mr.
Zomsher Ali, failing to tress him and
lived there for that night. Later, she file the case with the Kuanina Police
Station appearing the police station on May 31, 2010.
LEGAL STATUS:
Nusrat Jahan Meghla (Baby) lodge the FIR with Kaunia Police Station on 31 May, 2010 against the alleged perpetrator under section 7/9(1) of the Prevention of Women and Children Repression Act, 2000 ( Amendment
2003) being Kaunia Police
Station No. 27, dated May 31st, 2010. The police recorded the
case and send the victim to the department of Forensic Medicine of Rangpur
Medical College Hospital on June 1, 2010 for medical examination. After
competition of examination by the concerned medical officer, the police
produced the victim before the Senior Judicial Magistrate Court, Rangpur on
June 1, 2010. The learned court took the statement of the victim under section
22 of the same Act and issued an order to send the victim in safe custody on
same day.
Then the concerned administration put the victim Rangpur Central jai in
the name of safe custody on June 01, 2010 until June 8, 2010. Meanwhile, a writ
petition (public interest litigation) has been file with the High Court
Division of Supreme Court of Bangladesh demanding to declare putting jail
custody in the name of safe custody as illegal and the learned court pleased to
issue rule on June 8, 2010 upon the government to explain why sending the victim to jail should not
be declared illegal, and why it should not be directed to ensure proper custody
for her. It also ordered to appear the victim before the concerned bench.
Furthermore, it ordered to o
shift the victim to safe custody under a government or non-government
organisation.
On, June 8,2010 the victim was shifted to the safe home is run by Rangpur-Dinajpur Rehabilitation
Service(RDRS). Later on 9 June, 20210 the victim was being appear before the court and
the learned court order to release her from the safe custody.
ACTION:
Bangladesh Institute of Human Rights with the help of GHRD investigated
the incident from 23th June to 26.th June 2010. BIHR team
visited the spot, talked with the victim, mother and brothers of the victim, Investigation
officer of the case, Officer in Charge of Kaunia Police Station, visited the
office of Superintendent of Police (SP), Rangpur Central Jail, office of the
Deputy Commissioner (DC), Rangpur; Shelter home of RDRS and talked with all who
are concerned in the incident.
UPDATE:
As the lobbying of BIHR team, Mr. Yusuf Jubo Legue leder of the local
Upazila Unit and also the patronizer of the main perpetrator Mr. Bulet Miah
gang has been arrested on May 26, 2010.
BIHR FINDINGS:
1.
The authorities forced the victim to live at the local
jail, in the name of ‘safe custody.
2.
The victim did not receive any physical or
psychological treatment as well as education during the staying in jail
custody.
3.
In spite of direction of High Court, the police are in
active to arrest the perpetrators as well as investigate the incident properly.
RECOMMENDATIONS:
1. to submit the charge sheet proving the
incident of abduction and rape as true, as soon as possible after completing an
impartial investigation.
2. to ensure exemplary punishment of the
perpetrators who were directly and indirectly involved in this violation of
human rights;
3. to provide adequate financial compensation to
the victim’s family as well as guarantee the physical and psychological
integrity with full rehabilitation;
4. to establish separate safe home with adequet facilities in every
district of bangladesh.
5. to ensure the respect of human rights and
fundamental freedoms throughout the country in accordance with national laws
and international human rights standards both of general people and government
authority;
6. to provide human rights education and
training to both the general people and the government authorities in
accordance with national laws and international human rights standards
Thank You
Adv. Shahanur
Islam Saikot
LL.B (Hon’s);
LL.M( law & Justice)
JusticeMakers
Fellow 10, Sitzerland
Secretary
General/Executive Director
Bangladesh
Institute of Human Rights (BIHR)
Cell: +88 017 20308080
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