In yesterday’s Dhaka Tribune coverage of the Zubair murder case focusing on a swab test of the victim’s remains, the headline stated that the test showed evidence that sex had taken place.
The use of the word “sex” has been taken by some to suggest that the act had been consensual. In fact, consent was not implied at all by either the article or the pathology test.
The three-letter word simply expresses what the test results showed: that evidence of sexual intercourse was found. No more, no less.
Why did the article not go further and allege that a sexual assault or even rape had taken place? The are two reasons for this.
The first reason, of paramount importance to a journalist, is that medical proof of a sexual assault has not been announced by investigating authorities and investigators have not charged the suspect with this crime.
The long-awaited autopsy report and microbiology report may shed light on the issue. But even then, newspapers can only say that reports indicate or are suggestive of an assault. Dr Sohel Mahmud, associate professor of medicine at the forensic department of Dhaka Medical College, explains why this is so: forensic scientists do not have the right to say whether somebody has been raped or sexually assaulted or not; that is determined by the courts.
Forensic scientists can only give an assessment of the victim’s sexual condition.
In the event of a deceased victim, injury marks on the body, including bite marks, scratches and injuries to vaginal or rectal tissue are examined. Dr Sohel said microbiology tests are also conducted to test for the presence of sperm.
The Dhaka Tribune published on October 10 that DMC forensic department associate professor, Kazi Golam Mokhlesur Rahman, had conducted Zubair’s autopsy but declined to comment on the findings until the final report had been prepared.
On the same day the newspaper published a statement, made by a security guard of the sector 4 community police in Uttara, that Zubair’s body had scratch marks on it, an observation which has been confirmed by investigators.
Yesterday the Dhaka Tribune published a morgue official’s statement that pressure marks were found on the victim’s neck.
All of this may circumstantially be indicative of a sexual assault. But saying so, outright, would be premature.
Forensic scientists and observers present when the body was recovered from the pond commented that the body seemed quite fresh considering that it was believed to have been submerged in water for 17 hours. Since there are questions about the time line of events, questions remain about when the injuries were sustained.
The reconstruction of the crime is the job of the investigators. Without receiving a definitive forensic report, police are declining to describe this as a case of sexual assault, and the Dhaka Tribune’s coverage has followed suit.
Secondly, the reason why the word “rape” was not used in our coverage of Zubair’s death hinges on a legal issue of significance.
Sara Hossain, an advocate of the Supreme Court of Bangladesh and honorary executive director of Bangladesh Legal Aid and Services Trust, says: “Rape is defined by Bangladesh law as an act of sexual violence committed by a man against a woman, and that too limited to penetrative vaginal intercourse only.” The legal limitations to the applicability of the term means it cannot be used in this instance.
The focus of the Zubair death coverage, until new information is released, should be the allegation of murder brought by his mother, she said.
In due course, as investigators learn more about the incidents of that fateful day, more may be said about the context and motives surrounding Zubair’s death.
The forensic report is not yet ready because the viscera report has not been completed, DMC officials said. Once the report is ready, autopsy, forensic and microbiology reports will be handed over to the investigating officer, a high official of Dhaka Medical College forensic department told the Dhaka Tribune.
The coverage of a live murder investigation is fraught with danger, not least because there is a risk that media coverage can prejudice the course of an inquiry. The emotional response to a crime investigation, especially of a crime involving a minor, can sometimes impel us to reach conclusions prematurely.
Throughout this coverage the Dhaka Tribune has reported only on what public authorities have shared with the media and the public.
SM Nazmul Haque, senior assistant commissioner of the Detective Branch of police, told the Dhaka Tribune that the forthcoming forensic report will help move the investigation along. He said in addition to the murder case, Abuubaida Kadir, the prime suspect in the Zubair murder case, was being investigated for his illegal stay in the country.
On October 13 and 14 the Dhaka Tribune extensively laid out details about the investigators’ quest to build up a profile of just who Kadir was. Details of his undocumented status and subsequent discoveries about his arrival and stay in Bangladesh have put the spotlight on a hitherto under-reported problem.
On October 12, the Dhaka Tribune published excerpts of Facebook and text messages between Kadir and several boys that apparently showed him propositioning them for sex. The reproduced screenshots have added to public awareness about the alleged suspect in the murder. But for now, we must accept that propositioning is not the same as assaulting. While investigators have confirmed that they have found similar evidence, they have not commented on how this will affect their case against the suspect.
Investigators yesterday said they had not received a response from the Algerian embassy in Pakistan which has been contacted for personal details about Kadir.
Yesterday, investigators said they did not find some of the statements made by the 17-year-old sole eyewitness in the case credible. The eyewitness could not explain why he had not run away or shouted for help during the time that Kadir was allegedly drowning Zubair.
The eyewitness said he could not try to save the victim because he did not know how to swim.
DMC forensic scientist Sohel Mahmud said a healthy person could take as much as two or three minutes to drown.
Investigators are trying to find out why the eyewitness did not shout out loud or run for help during those final minutes, while both Kadir and Zubair were inside the water.
The death by drowning of Uttara O-level student, Zubair Ahmed, has been the focus of close coverage by the Dhaka Tribune. The newspaper has put coverage of the tragic death on its front page every day since October 10. The Zubair case ran as the lead story on October 13 under the title “Molested and murdered by mentor.”
The best thing that can be done to ensure justice for the victim of a crime is to allow a thorough investigation and respect the legal process.
Zubair, above all, has a right to have his case tried properly in a court of law, not in the court of public opinion. The Dhaka Tribune’s view is that careful reporting is the only way to guarantee that he receives the justice that he deserves.