CAT/C/BGD/CO/1
to which it has returned people and the measures it has taken to ensure that no person is
returned to a situation in which he or she faces a risk of torture and ill-treatment (arts. 2, 3,
10, 12, 13, 14 and 16).
43.
The State party should:
(a)
Continue to respect the principle of non-refoulement with respect to all
Rohingya refugees from Myanmar on its territory;
(b)
Adopt a comprehensive law on asylum that is consistent with
international human rights standards and norms and is in accordance with article 3 of
the Convention;
(c)
Establish an individualized procedure through which any individual who
raises concerns that he or she faces a real, personal risk of torture and ill-treatment if
returned by the State party to another country can seek to remain in Bangladesh on
the grounds that returning them would violate the country’s non-refoulement
obligation under the Convention;
(d)
Provide training to all relevant officials in the State party on the
principle of non-refoulement;
(e)
Ensure that the authorities put in place measures to identify and provide
redress to all survivors of torture and ill-treatment, including non-nationals, and
provide them with adequate access to health-care and psychological services;
(f)
Consider acceding to the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol;
(g)
Cooperate with the ongoing investigation by the Prosecutor of the
International Criminal Court concerning the commission of crimes involving torture
against the Rohingya within its jurisdiction.
Redress and rehabilitation
44.
The Committee is concerned at the lack of information provided by the State party
concerning the redress that has been provided to victims of torture and ill-treatment and at
reports that very little redress has been provided by the State in practice. It is further
concerned that the Torture and Custodial Death (Prevention) Act provides for very low
levels of compensation for victims and makes no provision for rehabilitation, and that
compensation awards have not been made under the Act in practice as there have been no
convictions under the Act. In that regard, the Committee appreciates the statement by the
delegation that the Government will consider increasing the amount of compensation for
victims of torture set out in the Act. The Committee is also concerned that Bangladesh
maintains a reservation to article 14 of the Convention (art. 14).
45.
The State party should:
(a)
Ensure that all victims of torture obtain redress and have an enforceable
right to fair and adequate compensation, including the means for as full a
rehabilitation as possible. In that regard, the Committee draws the attention of the
State party to general comment No. 3 (2012) on the implementation of article 14 of the
Convention;
(b)
Ensure that all victims of torture and ill-treatment in the State party,
including refugees resident on the territory of the State party, are able to promptly
access appropriate psychosocial services, mental health-care and specialized
rehabilitation services and ensure that access to such services is not conditional on the
filing of formal complaints of torture or on the conviction of the perpetrator;
(c)
Recognizing the seriousness of the offence, amend the Torture and
Custodial Death (Prevention) Act to provide appropriate compensation for victims of
torture and ill-treatment;
(d)
Consider withdrawing the State party’s reservation to article 14 of the
Convention.
14