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

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