CCPR/C/117/D/2462/2014
section 7 of the Aliens Act if he returned to Bangladesh. In the Board decision of
4 December 2012, the author was found not to have rendered probable that he had been
subjected to abuse and persecution prior to his departure in the way he described.
Consequently, the Board dismissed the author’s statements as unlikely and apparently
fabricated. In its decision of 19 September 2014, the Board concluded that the reasons
given by the author as to the risk of persecution he would face upon his return were closely
connected to those events and no other reason was provided. It therefore concluded that the
author had failed to substantiate his claim that his possible homosexuality had resulted in a
conflict with the authorities or private individuals in Bangladesh that would justify granting
him asylum.
4.6
On the contrary, the State party considers as a fact that the author was not subjected
to persecution, abuse or similar treatment prior to his departure, because he was able to live
in Bangladesh as a homosexual until his departure in 2011/2012 without coming into
conflict with the authorities of the State party or with private individuals. The State party
agrees with the assessment of the Refugee Appeals Board that the mere reference to the
general background information available on the condition of lesbian, gay, bisexual and
transgender people in Bangladesh is not sufficient to substantiate the claim that the author
would be at risk of persecution or abuse upon his return to Bangladesh. In its decision of
19 September 2014, the Board noted that the situation of homosexuals in Bangladesh had
improved considerably in recent years and that although homosexuality was illegal pursuant
to section 337 of the Criminal Code, the act was not enforced in practice. The State party
further notes that numerous support networks for homosexual men have been established in
the country. As regards the author’s membership of LGBT Asylum, the Board was not able
to take it into account in its decision of 4 December 2012 because, as indicated by the
author himself and by the letter of the association, he only became a member in October
2013.
4.7
The State party takes note of the newspaper article from the Daily Banglar Manush
of 24 March 2013, which was submitted by the author to the Refugee Appeals Board on
12 April 2013 after he had obtained it through friends of a friend.13 According to the article,
an elderly lady named Rokeya Begum had hanged herself on 22 March 2012 in the village
of Rangarlirbosh. During the investigation, it was allegedly discovered that two boys, one
of them being the author, had had a homosexual relationship in July 2011, that they had
been apprehended and brought to a member of the village council, and had spent the night
with their hands tied behind their backs. The article also stated that the boys were banished
from the village and that one of them had come back there two months later to see his sister
and that on this occasion, he was captured and tortured, including through the removal of
his genitals, following which he died. The article also reported that the author’s family now
led an isolated life because of his homosexuality and that his father had died from a heart
attack on 2 March 2012. The Board assessed that it could not verify the authenticity of the
newspaper article, considering the time of its appearance, the lack of clarity of its sources in
Bangladesh and its procurement through the author’s friends in Saudi Arabia. The Board
also found that the article lacked credibility as to its content, considering the amount of
specific details, which corresponded exactly to the author’s statements on his grounds for
seeking asylum. It appeared therefore to have been fabricated for the occasion, considering
that false documents are common in Bangladesh, according to the information provided by
the Ministry of Foreign Affairs. In that respect, the Board, despite the confirmation
provided by the Bangladesh office of the United Nations Educational, Scientific and
Cultural Organization that a newspaper of the relevant name did exist, did not find it
13
6
The author has not produce a translated version of the document, which had to be arranged by the
Board, and did not explain how he came into possession of the document.