A/HRC/25/60/Add.2
peaceful demonstration at the University of Bahrain. They were charged with “participation
in illegal assembly”, “illegal possession of weapons”, and “destruction of university
property”. Ms. X and her sister were taken to an unknown location where Ms. X was
separated from her sister and was reportedly beaten during interrogations and threatened
with rape for the purposes of extracting confessions. Ms. X and her sister were
subsequently released the following morning. Ms. X was later tried by the Criminal Court
of Bahrain and was sentenced to 40 days in prison and a fine of 200 Bahraini dinar. It is
also reported that Ms. X was prohibited from presenting evidence of her innocence,
including eye witness testimony, at her trial. On at least two occasions, she was reportedly
expelled from the University of Bahrain, arrested and released shortly afterwards. Serious
concern is expressed for the physical and psychological integrity of Ms. X and her sister.
Grave concern is expressed at the fact that Ms. X’s detention may be linked to her recent
participation in a peaceful assembly. In this context, the Special Rapporteur would like to
recall paragraph 7.c of Human Rights Council Resolution 16/23, which reminds States that
“ […] detention in secret places may facilitate the perpetration of torture and other cruel,
inhuman or degrading treatment or punishment and can in itself constitute a form of such
treatment, and urges all States to respect the safeguards concerning the liberty, security and
dignity of the person and to ensure that secret places of detention and interrogation are
abolished.” Also relevant is paragraph 7b of Human Rights Council Resolution 16/23,
which urges States “[T]o take persistent, determined and effective measures to have all
allegations of torture or other cruel, inhuman or degrading treatment or punishment
investigated promptly, effectively and impartially by an independent, competent domestic
authority, as well as whenever there is reasonable ground to believe that such an act has
been committed; to hold persons who encourage, order, tolerate or perpetrate such acts
responsible, to have them brought to justice and punished in a manner commensurate with
the gravity of the offence […].” Furthermore, the Special Rapporteur recalls article 21 of
the ICCPR, which provides that "The right of peaceful assembly shall be recognized. No
restrictions may be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others.” With regards to the
subsequent trial of Ms. X, the Special Rapporteur notes article 15 of the CAT, which
provides that, “Each State Party shall ensure that any statement which is established to have
been made as a result of torture shall not be invoked as evidence in any proceedings, except
against a person accused of torture as evidence that the statement was made.” The Special
Rapporteur urges the Government to conduct a prompt and independent investigation of the
allegations of arrest, torture, and continuing intimidation of Ms. X and her sister and hold
those responsible for these abuses accountable. Furthermore, the Special Rapporteur calls
on the Government to ensure the identified persons obtain redress, including fair and
adequate compensation, and as full rehabilitation as possible.
Bangladesh
(a)
JAL 20/2/2013 Case No. BGD 4/2013 State reply: 25/2/2013 Allegations of dispersal by
law enforcement of a series of peaceful demonstrations organized by teachers and
employees of nongovernmental schools, and the alleged related excessive use of force
against demonstrators.
22.
The Special Rapporteur thanks the Government of Bangladesh for its reply, dated 25
February 2013, to this communication in reference to the alleged excessive use of force
against peaceful demonstrators in January 2013, organized by teachers, employees of
nongovernmental schools, colleges and technical education institutions, who were
protesting the transfer of all non-governmental primary schools to government control and
16
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