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own judicial system. It is a problematic situation in a sense that sometimes the political theorists say that it is an autonomous situation. But this autonomy, if seen from a universal perspective or global perspective, often produces some strange examples of justice system. For example, in the case of rape, the victim can give her brother the right to rape the sister of the perpetrator. So another crime is committed as the result of the justice contribution system. A crime against the criminal is considered as justice. So there are some problems like that. Again, there are not schools there like in the provinces. This is because the tribal people think that by inviting the government schools, or inviting other institutions into their areas, their traditional structural system will collapse. Whether autonomy is a right to the tribal people or it contributes to the sufferings of their subjects - I don't know how to resolve this. Shahed: Hijab is nothing that is written constitutionally, it is a cultural norm and all women are free to choose whether she should wear it or not, and there are many women not wearing it in Pakistan. Buddhadeb Chowdhury, India: At the international level, victims' rights have been enlisted in the declaration of basic principles of justice for victims of crime and abuse of power. The declaration provides victims of crime and abuses of power the right to be a party to criminal proceedings against the accused. Victims have been defined as persons who individually or collectively suffered from harm including physical and mental injury, emotional sufferings, economic laws and substantial impairment of their fundamental rights through acts or omissions that are in violation of criminal laws operative within states. Under the declaration a person may be considered a victim regardless of whether the perpetrator is identified, apprehended or prosecuted or convicted. And regardless of the familiar relationship between the perpetrator and the victim, the declaration provides that the victim also includes where appropriate, the immediate family or dependent of the direct victim and persons who suffered harm in intervening to assist a victim. Victims should be treated with compassion and respect for the dignity they are entitled to; access to the mechanisms of justice and to prompt redress. Judicial and administrative mechanism should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Now I would like to discuss very briefly about trafficking of women and children, which is a common problem in South Asia. Trafficking and commercial sexual abuse of women and children is one of the fasted developing businesses run by the criminal syndicate throughout the world. It is said that the global trafficking enterprise generates upto US 7 Billion Dollars every year, with the report based on UNIFEM, nearly 7 lakh persons, mainly women, have been trafficked within and accross international borders. Nearly 2 million children have been abused and trafficked throughout the world every year. In India nearly 15% of victims of commercial exploitation are children below the age of 15 and another 25% are children below the age of 18. That is 40% of the women in prostitution are children below the age of 18. This is based on a study by Social Welfare Advisory Board, Government if India. It is said that 5% of women and girl engaged in prostitution in India are from Nepal and Bangladesh. In the USA a large number of children and women are trafficked to European countries. It may be mentioned that trafficking is the manifestation of a large number of developmental problems like population explosion, increasing unemployment situation and lack of alternative Report 2005 67
opportunities for employment. This has led the rural population to migrate to the towns for livelihood. Customs and other traditions and social practices like child marriage, dowry, devdasi system in South India have their roots in the past, contributing to the increasing phenomenon of trafficking. There are a number of studies of the sexual abuse of children appearing in the media regularly. Girl children from the very birth are subject to discrimination. Girl children mostly get less care and protection that child development needs. The demand for girl children in sex market is ever increasing more so with the increasing awareness, fear and cases of AIDS in every region of the world. The belief is that having sex with a minor or a virgin will prevent the contraction of AIDS. In India, poverty remained the single largest reason for women and girls being trafficked. There are nearly 3 lakh children in prostitution today. But officially the number is around one lakh. They leave the family with the offers of job opportunities, marriage, adaptation, and those who fall into the trap, ultimately reach brothels. Child sexual abuse is increasing in India alarmingly. The type of sexual abuse that takes place includes molestation and sexual harassment by relatives, teachers, drivers of school buses and others. It is often found that the children will be doubly victimized because of the fact that the police investigation and questions asked to her in the court of law embarrass her and open the wounds again. Many of such victimized children have informed councilors that they do not want to go back to their home as they may be sold again. There are also a number of cases where the children have been ostracized and stigmatized by the community and the families are mostly reluctant to take them back. Only in a handful of cases does family counseling become helpful in restoring and reintegrating their family. The street children, railway platform children and other such marginalized and homeless children are not only be harassed by police from time to time in the 68 <strong>Odhikar</strong> President Dr. Tasneem Siddiqui delivering her speech. With her are USAID Bangladesh Mission Director Gene V George and Advocate A.F. Hassan Ariff. Report 2005
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Odhikar Report 2005 Published by Od
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2005 sees the third, and final year
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Synopsis of Activities Covering the
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laws of Bangladesh, particularly th
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they find the monitor writing notes
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Problems faced during thana monitor
Page 14 and 15: After the 2004 High Court directive
Page 16 and 17: (4) Sumon Tortured to Death by Rapi
Page 18 and 19: through a Government Order issued o
Page 20 and 21: 22 Persons Reportedly Killed by Law
Page 22 and 23: iii. Conflicts with political right
Page 24 and 25: Chapter-3 Odhikar's work involving
Page 26 and 27: Environment of the custody cell Fin
Page 28 and 29: Police’s behavior towards accused
Page 30 and 31: 4. Motijheel Thana During the monit
Page 32 and 33: In all, the findings from the monit
Page 34 and 35: Children were seen kept with the ad
Page 36 and 37: 1. If any domestic animal is slaugh
Page 38 and 39: Chapter 4 Fact Findings in 2005 One
Page 40 and 41: General findings It becomes difficu
Page 42 and 43: Recognising the need for laws to pr
Page 44 and 45: * Second Working Session (2:00-4:00
Page 46 and 47: focus on legal agencies and human r
Page 48 and 49: due to insecurity providing protect
Page 50 and 51: We are in such a situation that you
Page 52 and 53: the whole judicial system. Ensuring
Page 54 and 55: threatening looks or gestures at a
Page 56 and 57: concrete suggestions to how to disc
Page 58 and 59: force against basic freedoms and hu
Page 60 and 61: Leave us alone. We will get on with
Page 62 and 63: cultivating and having their liveli
Page 66 and 67: name of eviction, etc., but also be
Page 68 and 69: Farhad Mazhar: Some of the suggesti
Page 70 and 71: come to terms with the emotional im
Page 72 and 73: ecourses, a strong commitment of th
Page 74 and 75: initiative, SAARC cooperation, SAAR
Page 76 and 77: � Police and even powerful local
Page 78 and 79: * To facilitate bilateral agreement
Page 80 and 81: grievous offences like rape, murder
Page 82 and 83: see how the press, the police and p
Page 84 and 85: 2. Victims must be given some compe
Page 86 and 87: Susan Ward, AED: I have just two fe
Page 88 and 89: Chapter 6 Other Major Achievements
Page 90 and 91: Annexture: 1 Fact-finding reports 2
Page 92 and 93: A Medical Officer of Mymansingh Med
Page 94 and 95: However, six of them were held by t
Page 96 and 97: that he was shifted to bed no. 16 o
Page 98 and 99: Alleged fabricated news about the r
Page 100 and 101: at Courtbari in Gabtoli. A sergeant
Page 102 and 103: down the factory, said a senior off
Page 104 and 105: Bangladesh. This is not humanly pos
Page 106 and 107: Medical Offficer of the Roumari Hea
Page 108 and 109: throwing stones at them. Four polic
Page 110 and 111: ecommendations would be made to the
Page 112 and 113: Mr. Mallik Sayeed Mahbub, the Upzil
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Death of a young person in prison i
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Abul Qulam Azad alias Suman was the
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case. The other case was filed unde
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was not tortured during remand, he
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Masum killed at Crossfire by Detect
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Metropolitan Detective Police Nurul
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into the room. They were those he w
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perpetrators, you need evidence for
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things I am doing in my business, i
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commitment of engaging her in house
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Torture of a Political Activist by
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number of those cases or the laws u
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victim was made one of the accused.
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morning to protest the robbery of a
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judgment, Fazley Rabbi Chowdhury, s
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police and police station simply to
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Annexture: 2 Country Papers that we
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and continues to harm victims and w
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either victims or witnesses tend no
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The Nature and Extent of Witness In
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Gang-Inspired Fear: A Particularly
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Other Forms of Intimidation Less co
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V ictim and witness protection - Sr
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Procedure, made a request to the Sr
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of court". Assistance available to
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6. Acknowledgements and References:
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charges saying 16-year-old Mathura
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National Police Journal one of the
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At the international level, rights
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law are maxims that Indian state an
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combined with the fact that no inde
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other local boys, including Firoz a
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sorely missing as an utterly callou
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nor India are signatories to the Ro
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(f) Rape, sexual slavery, enforced
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Superior orders and prescription of
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witness are determined by the conse
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is valid because the society is mor
Page 190 and 191:
necessary. Such action plan calls f
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Protection to witnesses The State p
Page 194 and 195:
Monitoring of the protocol The Stat
Page 196 and 197:
attention. Victims have the right t
Page 198 and 199:
Nepal's Human Rights Obligations un
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