CCPR/C/116/D/2327/2014
Bangladesh is willing and able to convict members of the police and the military. Thus, the
author’s claim that “the authorities are an important part of the [corruption] problem,
making it impossible to go to them for help” would appear to be untrue as it relates to her
specific circumstances.
6.15 The author has not provided any evidence to support her allegations concerning the
reason the death sentences were reversed and the criminal convictions were appealed. The
author claims that these actions are due to the fact that the Government changed in 2008
(from the Bangladesh National Party to the Awami League). The author notes that it is not
unusual in Bangladesh for sentences to be overturned with the arrival of a new
Government. However, it can no longer be said that the Awami League is a “new
Government”, since it has been in power for six years and had been in power for five years
at the time that the author submitted her complaint to the Committee. Furthermore,
according to the author’s communication, her brother’s murderers are B., K. S. and P. The
only information provided by the author that is purportedly about the murder case is the
photocopy of a screen shot, apparently of the Supreme Court of Bangladesh website,
referring to a number of cases involving three individuals (B., A. and P.). However, there is
no evidence to confirm that these are the same individuals identified by the author as her
brother’s murderers. Moreover, there is no evidence that the Awami League Government
has interfered or is interfering in the murder case.
6.16 The State party also considers that the author has not shown that she would not have
an internal flight alternative in Bangladesh. The Refugee Protection Division considered
this issue when it noted that the author’s alleged persecutor, S., was a police inspector in
Rajshahi, a city 250 kilometres from Dhaka. The Division found that there was no evidence
of any specific political connections on S.’s part, thereby implying that S. had no influence
beyond Rajshahi. The author’s evidence confirms that S. has no influence. The author’s
husband, four of their five children and her mother have remained in Bangladesh. In
addition, the author’s extended family, particularly her father’s side of the family, is large
and many members continue to reside in Bangladesh, including numerous aunts, uncles and
cousins. Thus, it appears that there are many places in Bangladesh where the author could
safely reside.
6.17 The author’s allegations of persecution concern the actions of a private individual,
S., and not State authorities. The Refugee Protection Division noted that State protection
was available to the author, given that the police in Bangladesh had arrested and charged
the three individuals responsible for I.’s murder. These actions were taken despite the fact
that at the time of their arrests, K.S. was an army captain, P. was a police inspector and B.
had one brother who was a police inspector (i.e., S.) and another brother who was an army
captain (i.e., K.S.). As per the author’s communication, all three individuals were
subsequently tried and convicted by a court in Bangladesh. The Division further noted the
availability of State protection after considering L.’s testimony during H.’s asylum appeal
proceedings (to the effect that S. had engaged in clandestine harassment of L. in order to
avoid detection). The Division considered that this testimony weakened the author’s claims
of a lack of State protection “because the implication of S. keeping a low profile is that
there exists State protection”. The author has not presented evidence demonstrating that any
of S.’s threats were in any way sanctioned by the State. Indeed, given L.’s testimony at H.’s
appeal hearing, the logical inference is that the State did not sanction S.’s alleged
behaviour. In the light of the foregoing, the State party concludes that the author has not
established that her rights under articles 6 or 7 would be violated should she be returned to
Bangladesh.
6.18 The State party further submits that the author’s claims under articles 9 (1) and 26
are inadmissible ratione materiae, because these articles do not have extraterritorial
application, and are without merit in the light of the foregoing.
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