Bangladesh
04.11.03
Urgent Interventions

Bangladesh: Gang Rape of Ms. Babita Baimali by 2 police officers and three other men

Case BGD 041103.VAW
Violence Against Women / Rape

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Bangladesh.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the rape and subsequent gang rape of Ms. Babita Baimali (18) on October 16, 2003.

According to the information received, while Ms. Baimali was on her way home from work, Mr. Jalauddin grabbed her off the road and took her to a shop on the roadside in Hatgangopara, where he raped her. The police heard about this crime and came to the scene where they found Mr. Jalauddin and Ms. Baimali. The police arrested both Mr. Jalauddin and Ms. Baimali and brought them to the police station. The report indicates that both Mr. Jalauddin and Ms. Baimali were badly beaten. Ms. Baimali was then taken to the hospital where she received treatment for her injuries from the police beating. At the hospital, the police registered her as a prostitute. No charges were filed against Mr. Jalauddin, despite Ms. Baimali’s testimony to the police that he had raped her.

According to the information received, Mr. Jalauddin and Ms. Baimali were then taken by two constables, Mr. Abu Bakar Siddique and Mr. Aker Ali, to Mohonpur Chawgachi , which is about 41 km from the police camp and close to Ms. Baimali's home. Two of Mr. Jalauddin’s relatives, Mr. Raisuddin and Mr. Islam, followed them to this spot, and after a conversation between Mr. Jalauddin and the constables, they brought some food and pills to Ms. Baimali, which they forced her to take. She then lost consciousness and when she awoke, she was being raped by the above mentioned 5 men. She then lost consciousness again due to the rape. When she regained consciousness, she found herself under a tree near her house. Ms. Baimali reportedly had severe injuries arising from this rape and had to stay in the intensive care unit of the hospital. She is still under treatment at the hospital and no medical report of Ms. Baimali's injuries is yet available since she is still under police custody in the hospital.

A case was filed by Mr. Sunil Baimali, Ms. Baimali’s brother, against three of the perpetrators involved in this case, Mr. Jalauddin and his two relatives. The information received indicates that Mr. Baimali did not include the names of the police constables in the complaint because he had been threatened. Mr. Siddique and Mr. Ali have reportedly been suspended from the police force, but have not been charged in connection with this case. Mr. Jalauddin, Mr. Raisuddin and Mr. Islam have been charged with rape, but the charge that Ms. Baimali is a prostitute makes the charges against them less serious.

With respect to the charges against Ms. Baimali, according to the information received, the police have asserted that she was made to pay a fine as a result of the charge that she is a prostitute and she engaged in unsociable conduct with Mr. Jalauddin. But Ms. Baimali claims she was never told to pay a fine and that she had no money, thus she was not able to the said fine. Also, contrary to police claims, Ms. Baimali asserts that she was never made to appear in court in connection with this charge.

It is further reported that the police officer originally in charge of this investigation has been transferred to Charghat Thana and that two new police officers are now investigating the case. However, it is reported that the new police officers may obstruct a thorough investigation in order to free their colleagues from the accusations brought against them.

OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”

The International Secretariat of OMCT is gravely concerned by this report of a woman being raped, beaten at the police station and subsequently gang-raped by 5 people, including two police officers. OMCT calls on the authorities to guarantee that the investigation is thorough, prompt and impartial and that the perpetrators of these acts are brought to justice.

Action Requested

Please write to the authorities in Bangladesh, calling on them to:

i. guarantee the physical and psychological integrity of Ms. Babita Baimali;
ii. ensure that Ms. Babita Baimali receives medical treatment for her injuries and receives adequate compensation;
iii. guarantee a thorough and impartial investigation into these attacks, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Prime Minister Begum Khaleda Zia, Office of the Prime Minister, Gona Bhaban, Sher-e Bangla Nagar, Dhaka, Bangladesh, Fax: + 880 2 811 3244/ 3243/ 1015 / 1490, Email:pm@pmobd.org or psecretary@pmobd.org
· Minister of Home Affairs, Mr Altaf Hossain Chowdhury, Ministry of Home Affairs, Bangladesh Secretariat, Building 4, Dhaka, Bangladesh
· Ambassadeur, Ali, Toufiq ,Rue de Lausanne 65, CH-1202, Genève, Suisse, e-mail : mission.bangladesh@ties.itu.int, fax: +4122 738 46 16

Please also write to the embassies of Bangladesh in your respective country.

Geneva, November 4, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.