CAT/C/BGD/CO/1
(a)
Ensure that all allegations of gender-based violence against women and
girls, especially those involving actions or omissions by State authorities or other
entities which engage the international responsibility of the State party under the
Convention, are thoroughly and effectively investigated, that the alleged perpetrators
are prosecuted and, if convicted, are punished appropriately, and that the victims
receive redress, including adequate compensation;
(b)
Eliminate the 24-hour time limit to obtain a medical report and file rape
claims under the Women and Children Repression Prevention Act of 2000 (amended
in 2003);
(c)
Eliminate the legal exception to the prohibition of marriage of girls
under 18 years of age in “special cases” and the exemption of marital rape of women
over the age of 13 from the definition of rape in section 375 of the Penal Code;
(d)
Ensure that domestic and gender-based services providing medical and
legal services, safe emergency accommodation and shelters for victims of violence
against women exist throughout the country and are accessible by all victims of such
offences, including non-citizens, who should have access to them;
(e)
Review its legislation in order to allow for legal exceptions to the
prohibition of abortion in specific circumstances in which the continuation of
pregnancy is likely to result in severe pain and suffering, such as when the pregnancy
is the result of rape or incest, or in cases of fatal fetal impairment, ensure the
provision of post-abortion health care for women, irrespective of whether they have
undergone an illegal or legal abortion, and ensure that neither patients nor their
doctors face criminal sanctions or other threats for seeking or providing such care.
Trafficking
40.
While appreciating that the State party adopted legislation criminalizing sex and
labour trafficking in 2012, the Committee is concerned at credible allegations that the vast
majority of trafficking victims choose not to pursue cases against their traffickers, often
because of fear of retaliation and intimidation, as many do not believe that they will receive
effective protection from the police. The Committee is also concerned at reports of more
than 100 reported cases in which Rohingya have been subjected to forced labour and sex
trafficking within Bangladesh and that, in some cases, Bangladeshi border guards and
military and police officials have been involved in facilitating the trafficking of Rohingya
women and children. Moreover, to date the Bangladesh High Court has refused to entertain
anti-trafficking cases filed by Rohingya and the authorities have failed to open
investigations (arts. 2, 4, 10, 11, 14 and 16).
41.
The State party should:
(a)
Register complaints of sex or labour trafficking of Rohingya within
Bangladesh and ensure allegations involving official complicity are investigated and
prosecuted;
(b)
Allow foreign victims of trafficking, including Rohingya, to access
government services, including centres for women and child victims of violence, and
legal aid and ensure that they are able to bring claims that they are victims of
violations before the country’s courts;
(c)
Create practical conditions and a climate in which victims of trafficking
can receive effective protection from retaliation if they choose to lodge complaints.
Refugees and non-refoulement
42.
The Committee commends the Government of Bangladesh for respecting the
principle of non-refoulement with respect to the more than 1 million Rohingya refugees
from Myanmar currently resident on its territory, and its recognition that they would be in
danger of being subjected to torture and ill-treatment if returned. The Committee regrets
that the State party did not provide information about its efforts to respect the principle of
non-refoulement in legislation or the data requested by the Committee about the countries
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