A/HRC/25/60/Add.2
Bangladesh acknowledged the receipt of the communication and ensured cooperation, the
Special Rapporteur regrets that no substantive reply regarding the allegations or the
whereabouts of Mr. Anwarul has been received. The Special Rapporteur reiterates that
paragraph 1 of Human Rights Council Resolution 16/23 “[c]ondemns all forms of torture
and other cruel, inhuman or degrading treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” The Special Rapporteur would also like to reiterate the right to freedom of
association, as recognized in article 22 of the ICCPR, as well as in Human Rights Council
resolution 21/16, which, “reminds States of their obligation to respect and fully protect the
rights of all individuals to assemble peacefully and associate freely, online as well as
offline, including in the context of elections, and including persons espousing minority or
dissenting views or beliefs, human rights defenders, trade unionists and others, including
migrants, seeking to exercise or to promote these rights, and to take all necessary measures
to ensure that any restrictions on the free exercise of the rights to freedom of peaceful
assembly and of association are in accordance with their obligations under international
human rights law.” The Special Rapporteur urges the government to take prompt action to
investigate the whereabouts and ensure the safety of Mr. Anwarul Islam. It is also urged
that the Government engage meaningfully with the Special Rapporteur and other human
rights institutions as well as civil society in this regard. In the absence of other evidence,
the Special Rapporteur concludes that Mr. Anwarul Islam has been the victim of very
severe human rights violations.
(e)
UA 14/08/2013 Case No. BGD 9/2013 State Reply: None to date Alleged arrest,
detention and acute risk of torture of Mr. Adilur Rahman Khan, Secretary of
Odhikar.
26.
The Special Rapporteur regrets that the Government of Bangladesh has not
responded to this communication, thereby failing to cooperate with the mandate issued by
the Human Rights Council. The communication referred to Mr. Adilur Rahman Khan,
Secretary of Odhikar, a non-governmental organization that disseminates information
relating to human rights and human rights abuses through monitoring and training projects.
It is reported that on 10 August 2013, Mr. Khan was allegedly arrested at his home in
Dhaka by a group of men in plain clothes who identified themselves as officers from the
Detective Branch of Dhaka Metropolitan Police. It is reported that Mr. Khan was taken into
custody without an arrest warrant and was refused access to a lawyer. According to
information received, arrests such as Mr. Khan’s are often accompanied by brutal forms of
torture and death in custody. It was further alleged that Mr. Khan was at very acute risk of
torture. Serious concerns were expressed about Mr. Khan’s physical and psychological
integrity while in detention and that his charges, arrest and detention may have been linked
to his legitimate human rights activities.
27.
In this context, the Special Rapporteur would like to reiterate that each Government
has the obligation to protect the right to physical and mental integrity of all persons. This
right is set forth inter alia in the UDHR, the ICCPR and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which the
Government of Bangladesh acceded to on 5 October 1998. The Special Rapporteur would
also like to draw attention to paragraph 1 of Human Rights Council Resolution 16/23 which
“Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States
to implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” The Special Rapporteur urges the
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