CAT/C/BGD/CO/1
includes the attack in Gobindaganj, Gaibandha District, on 6 November 2016, in which 3
members of the Santal indigenous community were killed and more than 50 injured, in
relation to which the Police Bureau of Investigation submitted a report on 28 July 2019
stating that no police officers had been involved in the burning of homes and schools and
looting of other property, despite television footage showing the contrary. The Committee
also noted recent allegations that members of Hindu communities in Pirojpur had been
subjected to violence and harassment, including the burning of their homes. It also noted
the case of Hindu activist and lawyer Palash Kumar Roy, who was detained for insulting
the Prime Minister and was then allegedly attacked and set on fire while in police custody,
resulting in his death, which the State party’s delegation indicated had been ruled a suicide.
The Committee also noted the reported rape and sexual assault of two teenage women in
the Chittagong Hill Tracts by members of the army in January 2018 and the disappearance
on 9 April 2019 of the indigenous rights activist Michael Chakma, who was based in the
Chittagong Hills, which the delegation indicated was under investigation. The Committee is
also concerned at reports of violence against lesbian, gay, bisexual and transgender
individuals by private individuals and by law enforcement officials, which is facilitated by
the State party’s criminalization of consensual same-sex sexual relations as “unnatural
behaviour” (arts. 2, 12, 13, 14 and 16).
24.
The State party should:
(a)
Ensure that independent investigations are carried out into reports of
attacks and violence directed against indigenous, ethnic, religious and other
vulnerable minorities, including those detailed above;
(b)
Consider repealing legislation that criminalizes “hurting religious
sentiments”, such as the Digital Security Act of 2018, given that such provisions are
reportedly frequently abused as a means to enlist the authorities in the harassment of
minority populations and seen as legitimizing the commission of private violence
against persons accused of committing this offence;
(c)
Protect the safety and security of persons belonging to minority
indigenous, ethnic and religious groups and ensure that they have access to an
independent complaints mechanism;
(d)
Provide redress, including compensation and rehabilitation, to the Santal
community and members of other minorities and vulnerable groups who have
suffered physical violence and damage to and looting of their property, and
implement in practice the Restoration of Vested Property Act, 2001 (Act No. 16) in
order to ensure the return of “vested” property to its original owners;
(e)
Repeal Section 377 of the Penal Code of Bangladesh that criminalizes
“unnatural behaviour” which the State party uses to prohibit consensual same-sex
sexual conduct;
(f)
Collect and publish statistical information about attacks on and violence
against indigenous, ethnic and religious minorities and other vulnerable groups,
including members of the lesbian, gay, bisexual and transgender community;
(g)
Prosecute and punish the perpetrators of all acts of violence committed
by the police and non-State actors against members of vulnerable groups.
National Human Rights Commission
25.
Noting the concluding observations of the Committee on Economic, Social and
Cultural Rights of 2018 (E/C.12/BGD/CO/1), the Committee is concerned that the National
Human Rights Commission may not have a sufficiently broad mandate or may not make
full use of its existing mandate to investigate directly all alleged cases of torture and illtreatment, including those reportedly perpetrated by State actors such as the police and the
military and security forces. It is also concerned about the selection and appointment
process of the Commission members and that the Commission lacks sufficient human and
financial resources to fulfil its mandate in accordance with the principles relating to the
status of national institutions for the promotion and protection of human rights (the Paris
Principles) (arts. 2, 12, 13 and 16).
8