Advocate KaziM. Iqbal

To: pm@pmo.gov.bd
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Dear Mrs. Sheikh Hasina,

BANGLADESH: Police arbitrarily detain a woman and her teenage daughter whom officers sexually abused on several occasions

Name of victim:
1. Ms. Sumaya Sultana Seema, aged 18, student of Intermediate First Year at Dr. Abul Hossain College at Pangsha of Rajbari district, daughter of late Mr. Abdus Salam Mollah and Mrs. Aleya Akhter
2. Mrs. Aleya Akhter, aged 50, widow of late Mr. Abdus Salam Mollah, and mother of Ms. Sumaya Sultana Seema
3. Mr. Arif Hossain, aged 14, son of of Mrs. Aleya Akhter
4. Mrs. Runa Akhter, aged 25, daughter of Mrs. Aleya Akhter

Three of them are residents of a rented house at Beradanga village under the jurisdiction of Sadar police station in Rajbari district, from Baroipara village under the jurisdiction of Khoksha Police Station of Kushtia district. Runa Akhter lives in Goalanda under the jurisdiction of Rajbari district.

4. Ms. Piyari Khatun Priya, aged 21, cousin sister of Sumaya Sultana Seema, resident of Baroipara village under the jurisdiction of Khoksha Police Station of Kushtis district
5. Mrs. Mariam Begum, aged 70, mother of Mrs. Aleya Akhter, resident of Beradanga village under the jurisdiction of Sadar police station in Rajbari district
6. Mrs. Husneyara, aged 50, wife of Mr. Altaf Hossain Master, a resident of Taherpur village under the jurisdiction of Khoksha Police Station of Kushtia district

Names of alleged perpetrators:
1. Mr. Masud, Assistant Sub Inspector (ASI) of Detective Branch of Police, Kushtia district
2. Mr. Harendra Nath, Officer-in-Charge (OC) of Khoksha Police Station, Kushtia
3. Mr. Md. Abdur Razzak, Officer-in-Charge (OC) of Kumarkhali Police Station, Khushtia
4. Officers of the Detective Branch (DB) of Police in Kushtia district since the incident of arbitrary detention
5. Mr. Md. Jainul Abedin, Additional Superintendent of Police of Kushtia district
6. Mr. Mafiz Uddin, Superintendent of Police of Kushtia district

Date and Time of incident: From 3am on 10 September 2012 to date
Place of incident: Police stations and offices of the police in Kushtia district

I am writing to express my deepest concern regarding the serious crimes committed by the police officers of Kushtia district. An eighteen years old college girl was sexually abused in police custody and her mother, sister and cousin sister were brutally tortured in police custody on several occasions from 10 September 2012. The police originally detained them for eight days in custody and later influenced the Magistrate to detain the mother and daughter in prison for 36 days on fabricated murder case charges. Police denied the victims access to the complaint mechanism and the right to a medical examination to prove alleged sexual abuse while in custody. The entire criminal justice system, including the highest judiciary of Bangladesh, were complicit in the cover up, showing a lack of judicial mindset and a commitment to administer justice. I demand justice for the victims of this case.

I have learned from the Asian Human Rights Commission that Mrs. Aleya Akhter, a widow, lived in Rajbari town for four years after her husband Mr. Md. Abdus Salam Mollah was assassinated by criminals,leaving their original home under the jurisdiction of Khoksa police station in Kushtia district. Due to security risks, she then lived near her parental home along with her college-going children, outside the Kushtia district's jurisdiction.

At about 3am, on the morning of 10 September 2012, without a search warrant, police from the Khoksha police station of Kushtia district raided the rented house of Mrs. Aleya Akhter at Beradanga, Rajbari Municipal area in Rajbari district town. Twelve armed policemen ransacked the whole house but did not find anything suspicious. In addition, they were seeking the whereabouts of Aleya's son Md. Arif Hossain, a 14-year-old school boy. Police officers claimed that they suspected Arif was involved in the murder of Mr. Md. Nurul Islam, an elected chairman of Ambaria Union Council. He was a local, grassroots government official who had been murdered by unidentified criminals on 28 August 2012. However, the police officers did not have any arrest warrant for Arif, who was not at home that night and was not accused in any murder case according to his family.

Later, the police officers asked Aleya and her two daughters, Mrs. Runa Akhter, married with an infant, and Ms. Sumaya Sultana Seema – to go to the police station. The family became alarmed and afraid as they could understand why a woman and a young girl would need to go to the police station. Mrs. Aleya argued unsuccessfully with the officers, agreeing to accompany the police herself on condition that her daughters would stay at home. Then, the policemen caught hold of Runa and Seema, dragging them into a police microbus. Aleya's mother Mrs. Mariam Begum, 70 years of age, tried to rescue her granddaughters, but they pushed her to the floor. Runa held the legs of the police officers (a form of submission by someone in an extremely helpless condition.) She requested them to spare her from police custody, which could endanger her child's welfare. Furthermore, her husband may divorce her because of the shame and stigma of being arrested. Finally, the police officers left Runa behind. But they did take her mother and younger sister Seema, an advanced level student in a local college.

As the microbus was driving toward the police station, the policemen took away Seema's orna, (a scarf used by women to cover the chest in many South Asian countries), handcuffed and sexually molested her. Aleya and Seema were taken to the Khoksa police station in the Kushtia district. Here, both were tortured with electric shocks and beatings with sticks several times during the rest of the night. They also drove nails into Seema's fingers and punched her when she cried out in serious pain. Seema lost consciousness following the electric shock treatment and the other forms of severe torture.

On 11 September, Aleya and Seema found that Seema's cousin sister Ms. Piyari Khatun Priya, a university qualifier, was also brought into Khoksa police custody. According to Priya, at 2 am on the morning of 11 September, a group of policemen raided her family's house at Baroipara village under the jurisdiction of Khoksha police station of the Kushti district. They were looking for Priya's aunt Mrs. Amena Khatun, widow of Priya's paternal uncle Mr. Abdul Motaleb Mollah, who was murdered extra-judicially by the police two years ago. At the time of the raid the police claimed that they had suspected Amena for masterminding the murder of Md. Nurul Islam. He was the man for whom the police earlier arrested and detained Aleya and Seema. They were also looking for Aleya's son Arif Hossain in this connection. For two days, in front of one another, Seema, Aleya and Priya continued to be beaten with sticks and fists and subjected to electric shock.

On 13 September, Aleya and Seema were taken to the Police Detective Branch (DB) while Priya was kept in the Khoksa police station. Aleya and Seema were taken to a dark room next to the armory of the DB police office where they were tortured. The police forced Aleya to sweep the floor and clean offices and wash clothes of the policemen. In an interview Aleya alleges that Assistant Sub-Inspector (ASI) Masud of the DB took her daughter Seema out of her cell. After about four to five hours Seema was returned to her mother's cell. She appeared exhausted, broken and panicked with torn clothes and unkempt hair. Her face had such a look of distress and she cried out with pain in her lower abdomen, attempting to commit suicide. She repeatedly asked her mother to lift her up by the shoulders so that she could hang herself from the ceiling fan. All these physical manifestations indicate that she was most sexual abused by the police officers.

On the following night, 14 September, Aleya and Seema were transferred to the Kumarkhali police station in the Kushtia district. There, using different methods, the police again tortured them both. They took them out of their cell and attempted to pour hot water in their nostrils and apply green chili paste to their private parts.

On 15 September, the police produced Aleya and Seema before the Chief Judicial Magistrate's Court of Kushtia under Section 54 of the Code of Criminal Procedure-1898. The Court detained them in prison. Three days later, on 18 September, the same Court granted bail and released them from prison.

On 26 September, Aleya and Seema went to Court for the next hearing. The Magistrate released them from the charge of suspicious behavior, which the police brought under Section 54 of the Code of Criminal Procedure-1898. As soon as the Court passed the release order the police submitted a separate petition. They demanded prison detention for Aleya and Seema until the completion of the murder investigation of Mr. Md. Nurul Islam. The Court then ordered Aleya and Seema detained in prison complying with the demands of the police.

On 1 October, a Division Bench of the High Court Division comprising Justice Naima Haider and Justice Muhammad Khurshid Alam Sarker passed a suo moto directives against the Secretary of the Ministry of Home Affairs, Inspector General of the Bangladesh Police and its Deputy Inspector General of the Khulna Range, Superintendent of Police, - Officer in Charge (OC) of Khoksa police station - of Kushtia district to determine why the respondents and relevant administration should not be directed to take action against those responsible for torturing Sumaya Sultana Seema and her mother Aleya Akhter. The Court ordered the respondents to respond to the rule within 10 days. A writ petition was filed on behalf of Mrs. Aleya Akhter and Ms. Sumaya Sultana Seema with the High Court Division of the Supreme Court of Bangladesh, which was scheduled for a hearing on 4 October. Due to the absence of the High Court judges and vacation of the higher judiciary the writ was heard on that date and the dates of hearing were changed to several other occasions.

The subordinate courts contributed to the process of prolonging the detention of Aleya and Seema and wasted time by changing dates for hearing the bail petitions. For example, 9 October, the Chief Judicial Court of Kushtia rejected the bail petition. As a result, on 14 October, the victims appealed to the Courts of Sessions of Kushtia. The Court refrained from hearing the bail petition of Aleya and Seema on the excuse that they were accused in a murder case while other accused persons of the same murder case submitted petitions for bail that required to be heard together. Thus, the Court fixed the following day, 15 October, to hear the bail petitions.

On 15 October, the Court of Sessions heard the bail petition but did not pass any order while not providing any explanation in the open court when the petitioners' lawyers requested the judge to give lawful reasons to do so. On 18 October, the Judge of the Court of Sessions of Kushtia refrained from providing an explanation for why the Court did not pass an order after hearing the bail petitions when lawyers of the victims submitted further application seeking answers from the judge.

On 25 October, the lawyers of Aleya and Seema further submitted a petition to pronounce the order of the Court of Sessions Judge regarding the bail petition heard. The Court maintained its silence regarding the matter. The position of the Court created anger and frustration among the members of the local civil society of Kushtia district town. Journalists, human rights defenders and lawyers of the victims talked to the Special Public Prosecutor, Mr. Akram Hossain Dulal, of the Nari O Shishu Nirjatan Daman (Bishesh) Tribunal [Women and Children Repression Prevention (Special) Tribunal] of Kushtia. They threatened the Special Public Prosecutor that if the judge does not pronounce the order regarding the bail petition of Aleya and Seema the media will publish detailed reports including stories of corruption by the prosecutors and judges. Following the threats, the Special Public Prosecutor assured them that he will not object to the petition of bail for Aleya and Seema, if the judge grants it.

On 31 October, the Additional Sessions Judge Ms. Mamtaz Begum heard the bail petition in absence of the District and Sessions Judge. A large number of lawyers and human rights defenders from Bangladesh National Women's Lawyers Association (BNWLA), Odhikar, Ain O Shalish Kendra (ASK) and Bangladesh Legal Aid Services Trust (BLAST) stood for the victims in Court when the Additional Sessions Judge Ms. Mamtaz Begum ordered the release Aleya and Seema on bail. Subsequently, they were released from the prison the same evening. The Court also fixed 13 November as the next date for hearing the case and the victims appeared before the Sessions Court on that date. However, nothing of significance took place.

The victims alleged, that whenever any attempts by the family to register a complaint of alleged sexual abuse of Seema against the police, was denied. Instead, officers including the SP, Additional SP, ASP Circle and the OCs of Khoksa and Kumarkhali continuously threatened and intimidated the family not to disclose the facts of the case to the media and human rights groups. Intimidations and threats increased when the story was published in a number of national newspapers. Ensuring justice for the victims was not taken seriously due to the absence of a judicial mindset among professionals of the judicial institutions. Subsequently, the allegation of sexual abuse by police officers remained officially unrecorded, medico-legally unexamined and uninvestigated to ensure impunity for the police.

After a few hearing dates elapsed, the High Court Division Bench comprising Justice Naima Haider and Justice Muhammad Khurshid Alam Sarker could only hear the case on 14 November when an order was passed by the judges that the Bangladesh National Women's Lawyers Association (BNWLA), a human rights organization which represented on behalf of Seema and Aleya along with three other human rights organizations namely – Odhikar, Ain O Shalish Kendra (ASK) and Bangladesh Legal Aid Services Trust (BLAST) – to bring Seema and her mother Aleya before the Court on 29 November.

Following the High Court's order a delegation of national human rights organizations visited the home of Aleya and Seema and explained the High Court's order and the rights groups’ position to support the family with litigation and safety matters. The family expressed concern about safety for victims and other members, seeking legal, social and logistic support from the rights groups.

On 22 November, the Additional Superintendent of Police of the Special Branch of the police of Kushtia district, Md. Sohel Reza, issued a letter asking the Officers-in-Charge (OC) of Khoksha and Kotowali police stations to produce Aleya and Seema in his office on 24 November at 10am. He also asked the police to produce two journalists from two national daily newspapers in his office on 25 November at 10am.

Accordingly, the police abducted Aleya and Seema from their rented house in Rajbari district town on the night of 23 November. A police source named Mr. Mamun located Seema's younger brother Md. Arif Hossain and handed over him to the police after apprehending him (Arif). Then the police detained Aleya, Seem and Arif in an unknown place, insisting the family refrain from putting forth Seema's allegation of sexual abuse against the police officers. Police officers allegedly threatened Aleya and Seema that if they bring up their allegations of sexual abuse again, Arif will disappear. Eyewitnesses claiming anonymity asserted that Aleya and Seema were seen in the custody of the Superintendent of Police of Kushtia district at his office on 24 November.

On 26 November, a delegation of national level human rights organizations went to Aleya's rented house at Rajbari to bring her and Seema to Dhaka to produce them before the High Court Division on 29 November. They found Aleya and Seema missing from their home. The human rights defenders registered a General Dairy (GD) Entry on 27 November with the Rajbari Sadar police station regarding the matter.

On 29 November, the Kushtia police, in plainclothes, produced Aleya and Seema before the High Court Bench of Justice Naima Haider and Justice Muhammad Khurshid Alam Sarker. They claimed to be relatives of the victims. The two victims reportedly told the judges that there was 'no incident of sexual abuse' that took place in police custody. In open court the judges said that they were convinced that the information received from Aleya and Seema regarding their writ was true. It was understood by the human rights organizations that the victims were forced to make statements that the police wanted them to make. According to lawyers present at the time the case was heard in the High Court Bench, the judges wished to dispose of the case on the basis of the 'statements of the victims'. Lawyers of human rights organizations submitted that they had an audio record of the previous interview with the victims, which asserts that the allegation of sexual abuse and torture in custody took place. The lawyers also submitted a CD to the Court in support of their arguments. At that point, the Attorney General Mr. Mahbubey Alam approached the Bench to make his submission before the Court. He informed the Court that a committee was formed to conduct an inquiry into the 'misconduct of the police officers.' But the matter required more time in order to have the report ready. The High Court Bench fixed 27 February 2013 for the next hearing of the case at which time the committee's report was expected to be available.

Meanwhile, the local human rights groups and journalists found that Aleya and Seema do not live in their house at Rajbari or Kushtia. But, they appeared before the Sessions Court of Kushtia on 7 January 2013, 21 January and on 10 February respectively. They were not allowed to speak to anyone on their way to and from Court while their whereabouts remain unknown. Some journalists have been informed that they were kept in Police lineup in the Kushtia district town. However, no one has been given access to verify this information.

The process being followed by Bangladesh's criminal justice institutions, including the highest judiciary in the country, is missing the basic point in the case of the custodial sexual abuse of Sumaya Sultana Seema. When the victim brought the allegation of sexual abuse in police custody against the police officers, the first and foremost obligation of the State was to ensure her access to the complaint mechanism along with an immediate forensic examination to prove bodily violations regarding the allegation of sexual abuse.

The Judicial Magistrate of Kushtia district had a legal responsibility under Section 164 (1) of the Code of Criminal Procedure-1898, which reads:

"Any Metropolitan Magistrate, any Magistrate of the first class] and any Magistrate of the second class specially empowered in this behalf by the Government may, if he is not a police-officer record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial."

The Magistrate has the authority to take the statement or confession of any accused produced before him, if he considers that the statement of the accused needs to be recorded. There is no need for filing any application by the Investigating Officer or any police officer. Thus, the Magistrate had the obligation to record the statement of Seema and her mother according to Section 164 (1) and that statement should have been treated as a complaint per Section 4 (h), which reads,

"complaint" means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the report of a police-officer:"

At the time of recording the statement of the accused – e.d. Seema and her mother – the Magistrate should comply with Regulation 467 (6) (b) of the Police Regulation of Bengal-1943, which reads,

"While it is not in general necessary or desirable to invite complaints of ill-treatment by the police, cognizance of such complaints when made should be promptly taken, and any indications of the use of improper pressure should be at once investigated. If any injuries are noticed on the body of the accused or are referred to by him he should be asked how he came by them, and if necessary, in order to enable the Magistrate to be satisfied that the accused is about to speak voluntarily, the accused should be medically examined before his statement is taken."

In this case, Seema and her mother Aleya were denied their right to register a formal complaint against the police officers for raping Seema in custody. In order to bar the victims from filing a complaint the police officers implicated Aleya and Seema in the murder case of Mr. Md. Nurul Islam on the basis of 'suspicion' although the police failed to produce one single shred of evidence against these two female victims to date. Ironically, the Magistrate Court of Khushtia district complied with the police's ill-motive, beyond legality, and ordered Aleya and Seema to be detained on 26 September. In the meantime, the family suffered constant threats by regular visits from police officers, and their informants, after Seema and Aleya were released from the prison for the second time in October.

At least four hearing dates in Seema's case were completely wasted by the judges of the High Court Division Bench. This reflects a poor level of sincerity and an absence of knowledge and empathy of the judges of the Supreme Court of Bangladesh. This can be attested to as stated in the Forward of the book titled "The Civil Law of Bangladesh, Vol. 1", written by Mahmudul Islam and Prabir Neogi – two prominent jurists of Bangladesh.

Sadly, the senior judge of the Division Bench although being a woman, appears to have a serious lack of commitment in hearing a case involving a heinous crime like sexual abuse in police custody. Judges seemingly lack not only a personal sensitivity to the serious issues like custodial torture and sexual abuse, but seem to have even minimum accountability to their own consciences or to the litigants. It becomes evident when they set dates and ignore those dates with lame excuses. Another scandalous matter regarding this case is in the use of time. Two and half months was spent before a proper hearing of the case was held. They did not realize that the Court should form a medical board, comprising forensic medicine experts, to examine the allegation brought on behalf of an 18-year-old girl of sexual abuse and torture while in custody.

It defies understanding, why judges sitting in the High Court Division, having authority to deal with writ cases, do not possess the required aptitude to comprehend the plight of women and girls in police custody and how police habitually behave with people in general. Their lack of compassion is reflected by their inaction in dealing with the writ case regarding allegation of custodial sexual abuse and torture. A person having minimum common sense should understand that the alleged sexual abuse occurred between 10 and 18 of September 2012. When police officers abducted the victim on 26 November with more than two months elapsing since the sexual abuse took place, was a period when the symptoms of a pregnancy could have been evident. The key intention of the police behind the abduction on 26 November was allegedly to abort Seema, if she had symptoms of pregnancy by that time and, or, obviously prevent Seema and Aleya from exposing the facts of the case to the public with the assistance of human rights groups and the media. However, the judges of Bangladesh can hardly be accused of possessing common sense or any courage while dealing with crimes committed by the state agents.

As a result of the callousness and inability of the criminal justice institutions of Bangladesh Seema and her mother Aleya are deprived of their right to justice. Seema's brother Md. Arif Hossain remains missing since 26 November when the police took him into custody to bargain with, and intimidate, Seema and Aleya.

In light of the above information, I urge the authorities in Bangladesh to immediately release Md. Arif Hossain. A probe committee needs to be set up, headed by a competent judicial officer. It should be comprised of a female, forensic medical expert and a female human rights lawyer to investigate the case of the sexual abuse and torture of Sumaya Sultana Seema and her mother Aleya Akhter while in police custody and all the relevant matters regarding this case. The authorities must stop the ongoing harassment of the entire family immediately. I request them to prosecute the officers of the law-enforcement agencies who are covering up the crimes of their colleagues. The alleged perpetrators of police must be punished through a fair and speedy trial. The family should be afforded adequate protection from the authorities followed by monetary compensation from the perpetrators for the harassment the family has already suffered and may suffer due to the series of incidents they suffered.

Yours sincerely,
ADVOCATE KAZI M. IQBAL
BANGLADESH