CCPR/C/122/D/2642/2015
Author’s comments on the State party’s observations
5.1
On 11 April 2016, the author submitted his comments on the State party’s
observations. Regarding the State party’s argument that he failed to substantiate his
allegations, the author states that he is “heavily traumatized” as a result of the attack by the
Jamaat-e-Islami members that he suffered in Bangladesh and as a result of being on the run
and living on the streets and in refugee camps for about four years. The author states that
the trauma affects his memory. In this regard, he indicates that he has difficulty putting
events in chronological order and that it is difficult to attach precise dates to events that
happened many years ago, including when he was a child or a teenager. Moreover, his
ability to concentrate has decreased owing to the trauma he has suffered. He states that the
interviews during his asylum proceedings were very long and that the same questions were
asked several times in different ways. There was a point when he was not able to
concentrate anymore and just responded to the questions “in a haze”.
5.2
The author further states that the method used by the Danish authorities during the
interviews made it difficult for him to answer in a precise way. Once the questions had been
translated by the interpreter, he would start to reply, but the interviewer would cut him off,
asking him to shorten his answers. Therefore, every time he provided details, the
interpreter’s translations were cut off by the interviewer and could therefore not be taken
into account.
5.3
These difficulties are exacerbated by the differences between the Islamic and the
European calendars. The author indicates that when he was a child or a teenager, he was
used to the Islamic calendar, and that when he was questioned about events that happened
then, it was difficult for him to give precise dates according to the European calendar, as,
for instance, one month in the Islamic calendar can fall between two months in the
European calendar. In addition, the interpreter himself would not be able to precisely
translate certain dates according to the European calendar.
5.4
Regarding the inconsistencies highlighted by the State party concerning his
attendance at school, his work and his membership of the Jamaat-e-Islami, the author
indicates that he cannot be sure on which precise date he started to go to the Qur’an school.
He indicates that he went to the school while living there, but that he went on attending the
school after having returned to live at home. During another period, he was not a student at
the school, but remained linked to it because he was a supporter of the Jamaat-e-Islami.
Regarding his work, he indicates that he worked when he could, in order to provide his
family with money. As he did not have fixed employment, and taking into account that
these activities — school, work and Jamaat-e-Islami membership — overlapped, the author
submits that it is very difficult to provide precise dates to the Danish authorities.
5.5
Furthermore, the author refers to a 2014 report by the United States Department of
State, according to which in Bangladesh there are extrajudicial killings, enforced
disappearances, torture and ill-treatment committed by the security forces, as well as
arbitrary arrests and lengthy pretrial detentions. 19 He also refers to the Amnesty
International Annual Report for 2014/15, which states that the police routinely torture
detainees in custody. The author highlights that the report indicates that torture and other
ill-treatment are widespread and committed with impunity. 20 The author further refers to a
2015 report by Human Rights Watch, according to which “thousands of opposition
members and protesters were arrested, and unknown numbers remain in custody”.21 The
report states that the security forces in Bangladesh continue to enjoy near total impunity,
despite their abuses being documented by independent actors. The author concludes that,
taking into account the above background information, the risk of being subjected to torture
or ill-treatment if returned to Bangladesh is demonstrated.
5.6
Regarding the State party’s argument that the court documents submitted by the
author during the asylum proceedings do not have any evidentiary weight, the author
19
20
21
8
United States Department of State, 2014 Country Reports on Human Rights Practices —Bangladesh,
(25 June 2015).
Amnesty International, Annual Report 2014/2015, p. 73.
Human Rights Watch, “UN Human Rights Council: Item 4 General Debate”, 11 September 2015.