CAT/C/BGD/CO/1
Committee is further concerned that victims of torture and their families who seek to
complain about or publicize incidents of torture are reportedly frequently subjected to
harassment, threats and retaliation by the perpetrators. The Committee appreciates the
statement by the delegation that it is considering enacting victim and witness protection
legislation and consulting with stakeholders to that end, but notes with concern reports that
a draft proposal by the Law Commission on this issue has been under consideration for
many years but has not been taken forward.
10.
The Committee is further concerned at reports that there is no independent body
authorized to carry out investigations into allegations of torture by officials, so
investigations are carried out by officers from the same units or within the same official
hierarchy as the alleged perpetrators, resulting in conflicts of interest. The Committee
regrets that the delegation did not provide information on the outcome of investigations into
the 77 complaints of torture that the Government received from the Bangladesh National
Human Rights Commission between 2012 and 2019, except for one raised directly by the
Committee concerning photojournalist Shahidul Alam. The Committee regrets that the
investigation concerning Mr. Alam was terminated after doctors at Bangabandhu Medical
College Hospital reportedly determined that Mr. Alam had suffered no major injuries,
notwithstanding his claim that he was subjected to both physical and psychological torture
and ill-treatment while in the custody of members of the Detective Branch of the police on
5 August 2018.
11.
While appreciating the information provided by the delegation that disciplinary
punishments “for various offences” were handed down against members of the law
enforcement agencies in 2017 by internal oversight bodies, the Committee is concerned that
in those cases the most severe punishments were dismissal from service and demotion,
which are not appropriately grave punishments for the offences of torture and ill-treatment.
12.
The Committee appreciates that the Torture and Custodial Death (Prevention) Act of
2013 permits complainants to apply directly to the courts to seek a judicial inquiry into
allegations of torture. While this is welcome, the Committee is concerned at reports that the
procedure is not effective in practice, as law enforcement authorities frequently do not
complete investigations within the time limits set out in the Act and relevant officials do not
compel adherence to them. The Committee regrets that the delegation did not provide
information about cases brought to its attention in which investigations into torture
allegations have reportedly been ordered but have not been completed (in the cases of
Parvez and of Bashir Uddin) or had resulted in trials that had been ongoing for years (in the
case of Imtiaz Hossain) (arts. 2, 4, 10, 12, 13, 15 and 16).
13.
The State party should ensure that its authorities carry out prompt, impartial,
effective criminal investigations into all complaints of torture and ill-treatment. To
this end, the Committee recommends that the State party:
(a)
Establish an investigation mechanism to handle complaints regarding
torture and ill-treatment by law enforcement officials that is independent of law
enforcement agencies, including the police hierarchy;
(b)
Expeditiously enact legislation ensuring effective victim and witness
protection;
(c)
Ensure that an oversight body monitors the progress of investigations
into allegations of torture and ensures strict adherence to the time limits for
investigations and trials outlined in the Torture Act;
(d)
Enhance the training of medical professionals and ensure that medical
examinations ordered to assess torture allegations are carried out in accordance with
the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol).
Unacknowledged detention and disappearances
14.
The Committee is seriously concerned at numerous, consistent reports that the State
party’s officials have arbitrarily deprived persons of their liberty, subsequently killed many
of them and failed to disclose their whereabouts or fate. Such conduct is defined in
4