CAT/C/BGD/CO/1
international human rights law as enforced disappearance, whether or not the victim is
killed or reappears later. The Committee notes that the State party’s delegation rejected the
proposition that enforced disappearances occur in Bangladesh frequently and that in the
single case acknowledged by the delegation in which officials were criminally prosecuted
for conduct amounting to enforced disappearance, involving several individuals in
Narayanganj, the law enforcement officials were convicted of the crimes of “abduction”
and “murder”. The Committee also notes that the State party’s delegation asserted that
allegations that its authorities had engaged in enforced disappearance should be presumed
to be false in cases where the alleged victim has subsequently reappeared, as in the case of
Hummam Quader Chowdhury.
15.
The Committee notes that Mr. Chowdhury’s case was raised by the Working Group
on Enforced and Involuntary Disappearances in 2017, along with those of Mir Ahmed Bin
Quasem and Abdullahil Amaan Al Azmi, all of whom were reportedly detained by
unknown authorities after they campaigned for the release of their fathers from custody
following their conviction by the International Crimes Tribunal, Bangladesh. The Working
Group had also expressed serious concern that the practice of enforced disappearance was
occurring increasingly frequently in Bangladesh. The Committee regrets that the State party
did not provide information regarding whether it had investigated the allegations that these
men had been held for lengthy periods in unacknowledged detention by law enforcement
authorities, nor did it provide information concerning the status of ongoing investigations
into other cases in which its authorities were alleged to have engaged in conduct meeting
the definition of enforced disappearance, such as in the death in custody of Ekramul Haque
and the disappearance from police custody of Sheikh Mokhlesur Rahman (arts. 2, 4, 12, 13,
11 and 16).
16.
The Committee recommends that the State party:
(a)
Unambiguously affirm at the highest level of government that law
enforcement authorities must immediately cease engaging in the practice of
unacknowledged detention;
(b)
Publish a list of all recognized places of detention and ensure that no one
is held in secret or incommunicado detention anywhere in the territory of the State
party;
(c)
Ensure that any official found to have held an individual in
unacknowledged detention is prosecuted and punished with penalties commensurate
with the gravity of the crime, including in cases where the individual was subsequently
released;
(d)
Ensure that all allegations of unacknowledged detention, disappearance
and death in custody are promptly and thoroughly investigated by a body that is
independent of the authorities alleged to have been responsible for the detention;
(e)
Ensure that all places of deprivation of liberty in the State party are
monitored by an independent authority with the power to carry out unannounced
visits to places of detention and speak confidentially with any individual in the facility,
and that representatives of non-governmental organizations (NGOs) are also
permitted to access all places of detention;
(f)
Consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(g)
Because offences such as “abduction” do not sufficiently communicate
the serious nature of unacknowledged detention carried out by or with the complicity
of State officials, prohibit “enforced disappearance” as a distinct crime in the
legislation, reflecting the definition set out in the International Convention for the
Protection of All Persons from Enforced Disappearance, and consider ratifying the
Convention.
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