CAT/C/BGD/CO/1
against him in connection with his work. It regrets that the delegation did not indicate
whether allegations that he was subjected to torture in remand detention have been
investigated, as required by the Convention.
30.
The Committee acknowledges with appreciation the statement made during the
constructive dialogue by the Minister of Law, Justice and Parliamentary Affairs who
headed the State party delegation, that the Government wishes to make it “emphatically
clear” that it will protect from reprisals members of civil society and NGOs who have
cooperated with the Committee in the context of its consideration of the State party’s initial
report (arts. 2, 4, 11, 12, 13, 15 and 16).
31.
The State party should:
(a)
Communicate at the highest level that civil society activists, lawyers and
journalists who publicize information or allegations concerning human rights
violations play a vital role in society and should not be subjected to retaliatory charges
of contempt of court, defamation or sedition for criticizing government leaders or
their performance;
(b)
Investigate all allegations of unlawful or arbitrary arrest, harassment,
torture, ill-treatment or violence against human rights defenders, including civil
society actors, lawyers and journalists;
(c)
Amend the legislation, including the Information Communication and
Technology Act of 2006, the Digital Security Act of 2018, and the Foreign Donations
(Voluntary Activities) Regulation Act of 2016 to eliminate provisions prohibiting
derogatory remarks being made about the Constitution and constitutional bodies,
engaging in “anti-State activities”, “tarnishing the image of the nation” and similar
provisions that have provided a basis for arresting and prosecuting individuals who
have publicized allegations of torture, disappearance, extrajudicial killings or illtreatment, or criticized the State party’s response to such allegations;
(d)
Ensure that members of civil society and NGOs who have cooperated
with the Committee in the context of its consideration of the State party’s initial
report are protected from any reprisals or harassment, including charges of breaching
the Information and Communications Technology Act, in keeping with the pledge
given by the Minister of Law, Justice and Parliamentary Affairs.
Conditions of detention
32.
The Committee is seriously concerned:
(a)
At reports that prison conditions in the State party are substantially below
international standards and have even been described as constituting ill-treatment, or torture
in extreme cases;
(b)
At the severe overcrowding in prisons, amounting to over 200 per cent
occupancy and even more during election periods, in prisons designed to hold 40,000
inmates, resulting to a large extent from the extensive use of detention on remand, which
forces prisoners to sleep in shifts, has made even the prison authorities consider
establishing makeshift sheds within the jails and has resulted in the holding of some 100
inmates in an abandoned warehouse in January 2019;
(c)
About the very poor conditions of detention, which reportedly resulted in 74
deaths in 2018, as well as inadequate sanitary conditions, scarcity of food and drinking
water, insufficient toilet and bathroom facilities and beds, inadequate light and ventilation,
and the lack of recreational activities and mental stimulation;
(d)
About the corruption in the prisons, including the extortion of inmates and
their relatives by prison guards so that they can enjoy elementary services, the “mate”
system whereby the more senior prisoners control others, including their access to food and
conditions of imprisonment, and often mete out punishments on behalf of the prison
authorities, and the fact that prisoners face reprisals as soon as they complain;
10