CCPR/C/115/D/2366/2014
area several times and spoke to local inhabitants in order to gather information. He
discovered that the local Awami League leader N.J. and his son were controlling the sale of
illegal drugs in the area and were connected to a notorious group of thugs led by J. In
response to the report he had published on 2 July 2011, the author received a phone call on
26 July 2011 from J, who threatened to kill him. Thereafter, upon consultation with his
editor and the leaders of the Crime Reporters Association of Bangladesh, the author filed a
statement (a “General Diary”) concerning the threats at the Mirpur Model police station on
27 July 2011. The President and the General Secretary of the Association also issued a
press statement to condemn the threat and to request legal action by the police.2 However,
the police took no action and the author received another threatening phone call from J,
who stated that he would kill the author if there were any further press statements about
“their activities”. After this threat, the author decided to maintain a low profile and not to
write anything about “them” for the time being.
2.5
According to the Personal Information Form, the author wrote a story on widespread
acts of extortion committed by police officials. After the story was published on 12 August
2011 in The Daily Kaler Kantho, the author received a phone call from the officer in charge
of Paltan police station, who apparently threatened to teach the author a lesson for accusing
the police of corruption. On 20 September 2011, the author left Bangladesh for the United
States to attend a conference. He arrived in Canada on 2 October 2011. Thereafter, his
family in Bangladesh contacted him to inform him that Awami League thugs had raided the
family home in Shawrapara and had threatened to kill the author if they found him. As a
result, the author’s wife hired a lawyer in Bangladesh. The lawyer discovered that the
police wanted to question, and possibly prosecute, the author because he had written an
article on acts of extortion committed by police officials. The author was advised by the
President of the Crime Reporters Association of Bangladesh not to return to Bangladesh
until it was safe. On 14 October 2011, the police visited the author’s home in Shawrapara
and searched for him, without a warrant. The lawyer retained by the author’s wife then
learned from the police that the author was being sought in connection with his reports on
extortion committed by police officers. The lawyer could not assure the author that he
would receive any legal protection. The Form states that because of this situation, the
author filed an application for refugee status in Canada on 19 October 2011.
2.6
Concerning the exhaustion of domestic remedies, the author states that the
Immigration and Refugee Board of the Refugee Protection Division denied his application
for asylum on 17 September 2013 and that his application for judicial review of this
decision was denied on 31 January 2014. The author further asserts that on 12 March 2014,
the Canada Border Services Agency denied his application for an administrative stay of
removal. The author claims that he is ineligible to file an appeal before the Refugee
Appeals Division of the Board. He further claims that although he filed an application for
Pre-Removal Risk Assessment (PRRA) on 14 March 2014, he is not eligible for this
2
4
The author provides a letter dated 27 February 2014 from the General Secretary of the Crime
Reporters Association of Bangladesh, who states that the author was a former senior crime reporter
for The Daily Kaler Kantho and was a former member of the Association as well. The letter also
states that the author sought asylum in Canada because he was “a very sincere journalist who did not
compromise to any situation” and because of the insecure situation of Bangladesh. The letter further
states that if the author returns to Bangladesh he might encounter difficulties, including threats to his
life or torture by law-enforcement officials, members of political groups or criminals. The General
Secretary appeals to the Government of Canada to ensure the author’s safety, as he could be either
killed or kidnapped if he were to return to Bangladesh.