CAT/C/BGD/CO/1
(h)
Allow independent monitoring bodies, including international bodies,
specialized health bodies and NGOs, to carry out unannounced visits to and medical
inspections of all places of detention, and to meet in private with detained persons.
Excessive use of force
34.
The Committee is deeply concerned at persistent allegations of excessive use of
force by members of the security forces, intelligence services and the police, including the
practice of shooting persons at short range in the knee, leg or elbow called “kneecapping”,
which often results in permanent disability, including amputation. It is also concerned at
reports of violence by the authorities in connection with recent and past elections, including
attacks on protesters, seizing polling stations and the use of intimidation and violence to
suppress votes (arts. 2, 10, 12, 13 and 16).
35.
The State party should:
(a)
Establish an effective complaints mechanism for victims of excessive use
of force and ensure that they do not suffer reprisals for reporting acts of torture and
ill-treatment by law enforcement and other public officials and ensure prompt,
impartial, effective investigations are carried out into all such complaints;
(b)
Provide training to all law enforcement officials on the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials and on the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment.
Arbitrary detention
36.
The Committee is concerned at reports that in January and February 2018, the
authorities arrested almost 5,000 supporters of the opposition Bangladesh Nationalist Party,
including ordinary persons suspected of being opposition sympathizers, ahead of the verdict
in the corruption case against the leader of the party, Khaleda Begum Zia. It is also
concerned about allegations of thousands of arrests of opposition supporters around the
time of the elections and that many of these persons remain in detention. It is further
concerned at allegations that individuals have been arbitrarily deprived of their liberty on
suspicion of having ties to militant groups (arts. 2, 11, 12, 13 and 16).
37.
The State party should ensure that all detained persons, including political
activists, protesters and individuals arrested and detained as part of “crowd control”
actions to prevent violence, are afforded, in practice, all fundamental legal safeguards
from the very outset of detention (as set forth in paragraph 19 above) and are
promptly presented before a judge. It should promptly and effectively investigate all
complaints of torture by persons held in the preventive operations described above
and either prosecute or release the persons detained, as warranted by the
investigations.
Violence against women
38.
The Committee welcomes the State party’s stated commitment to combating
violence against women. However, it notes with concern reports that in recent years the
authorities have prosecuted and convicted perpetrators of rape in only a very small
percentage of the cases registered by them and also the reported increase in the number of
claims of sexual assault of children received by the authorities in recent years. The
Committee is concerned at reports that legal barriers deter women who are victims of
sexual violence from filing rape claims with the authorities. It is further concerned that a
recently added legal provision in the State party, allowing the marriage of girls under 18
years of age in “special cases”, could result in the already high rates of so-called “early
marriage” in the country increasing further. The Committee is concerned that the State
party’s laws criminalize the termination of pregnancy, except where the pregnant woman’s
life is at risk, which can result in women experiencing severe physical and mental anguish
and distress (arts. 2, 4, 12, 13, 14 and 16).
39.
12
The Committee recommends that the State party: