CCPR/C/115/D/2366/2014
substantiating his account of past experience in Bangladesh, nor has he shown that current
conditions in the country raise for him personally any risk of irreparable harm. The State
party recalls the Committee’s jurisprudence stating that “the risk must be personal and that
there is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists”.10 A “real risk” means that the risk must be “the necessary and
foreseeable consequence of the deportation” and there must be evidence to support this
conclusion. 11 The State party considers that the author has not met his burden of
establishing that he would personally face a foreseeable risk of irreparable harm if returned
to Bangladesh based on his past work as a journalist, whether such an alleged threat
emanates, as the author asserts, from thugs associated with the ruling political party or from
police in Dhaka. To the extent that he asserts any fears based on his being a Bangladesh
National Party supporter, neither his claims before the domestic authorities nor his
communication ever focused on his political affiliation or his role as a human rights
defender; his claims are based exclusively on assertions that he faces irreparable harm due
to his newspaper reporting and work as a journalist. In this regard, although he had worked
as a journalist since 1997, he alleges that he received threats only in 2011, in response to a
controversial article he co-authored. He does not allege to have been harassed or threatened
throughout his career. Nothing in the material he submitted to the Committee tends to
suggest that he stands out in any way from other journalists in Bangladesh.
4.7
The State party further submits that several objective elements undermine the
credibility of the author’s allegation that he received threats in the summer of 2011 because
of his work as a journalist. For example, as the State party’s immigration authorities noted
during the course of the proceedings involving him, the discrepancies in the author’s
recollection of his experiences are rather unusual for an experienced journalist. As another
example, it is suspect that the other journalist who co-authored the newspaper article at the
centre of the alleged threats never indicated that he faced similar threats or visits from thugs
or police until after the Canadian Refugee Protection Division determined that the author’s
story was not credible in that regard; only then did the author file A’s letter purportedly
corroborating his account. The State party considers that this seriously calls into question
the probative weight of this evidence and that none of the documents submitted by the
author provides reliable substantiation for his allegations. The State party maintains that the
letter from the Crime Reporters Association of Bangladesh dated 27 February 2014 lacks
specific details concerning any abuse the author may have experienced in the past and is
entirely speculative concerning any risks he might face if returned to Bangladesh. There is
no explanation as to why the author stands out from among journalists in Bangladesh such
that it is credible and reasonable to think that he is personally at risk of the stated dangers
more than three years after one locally focused newspaper article.
4.8
The State party considers that an additional factor undermining the credibility of the
author’s allegations is the absence of any explanation as to why the allegedly offending
newspaper article he co-authored, along with the media report of the threats he allegedly
received, refer to a journalist with another name. In the absence of any explanation by the
author, it is open to question why he would have published in The Daily Kaler Kantho
under an alias [Y] when the press pass establishing his credentials as senior reporter refer to
him as X. It is equally plausible that these newspaper articles refer to another journalist
altogether, and not the author. Indeed, while the State party does not dispute that the author
10
11
The State party cites communication No. 2007/2010, X v. Denmark, Views adopted on 26 March
2014, para. 9.2 (emphasis added by the State party; internal citations omitted).
The State party cites, inter alia, communication No. 692/1996, A.R.J. v. Australia, Views adopted on
28 July 1997, paras. 6.11-6.13; communication No. 706/1996, G.T. v. Australia, Views adopted on 4
November 1997, paras. 8.1-8.2.
9