UN Human Rights High Commissioner Volker Türk on Wednesday laid emphasis on investigating all killings and highlighted the importance of freedom of assembly, expression and political participation.
“When it comes to any killings – they need to be investigated irrespective of perpetrators. That’s very clear. All killings need to be investigated, that is what human rights demands. We cannot allow killings to happen with impunity," he said while responding to a question at a media briefing wrapping up his two-day visit.
UN Human Rights Office spokesperson Ravina Shamdasani and UN Resident Coordinator in Bangladesh Gwyn Lewis were also present.
It is crucial that the strong winds of change are harnessed and directed with human rights as the compass, said the UN rights chief.
He said criminal justice is key, but it is crucial to ensure that charges are not brought in haste, and that due process and fair trial standards are upheld throughout, including in the International Crimes Tribunal (ICT).
“I found the interim government to be aware of the problems with the proceedings in the International Crimes Tribunal in the past. My Office has provided comments on amending the ICT law, to bring it into line with international standards and to ensure the right to fair trial, and that justice is served without compromising due process,” he said.
Turk said they will be looking at other ways that they can accompany and support this process.
“I hope there will also be a public discussion on the use of the death penalty in the future. My own view, informed by the law and by evidence, is clear: the death penalty should be relegated to the past,” he added.
The UN rights chief said it is key that criminal cases are not filed against individuals solely on the basis of their previous political affiliation, including members or supporters of Awami League.
There are concerns that some charges are not founded on proper investigation, including a large number of murder charges against journalists. It is important not to repeat the patterns of the past, he said.
“I welcome the creation by the interim government of a committee to look into this matter as a tool to address the possible proliferation of false cases. It is essential to prioritize due process,” he mentioned.
Türk said to restore social cohesion and trust in institutions of the state, it will be crucial to rebuild the civic space that was progressively strangled in recent years.
“This will require reforming repressive laws, as well as state institutions that have been in the habit of stifling dissent,” he said, adding that old habits die hard – only systemic change will ensure that the freedoms of expression, of association and peaceful assembly, and the right to political participation are respected.
Asked about the banning of Awami League's students wing - Chhatra League using the Anti-Terrorism Act, the UN rights chief said there have been a lot of discussions about terrorism laws and the so-called war on terror.
"We have seen the consequences of it because, unfortunately, the labelling of terrorism has been done in a way that has often also included people who disagree, who are political dissidents," Turk said.
“So, let's not forget that Nelson Mandela, our big hero who has been healing a whole country, was considered a terrorist by the South African apartheid regime,” he added.
About the proposal of banning the Awami League for the July-August killings, Turk said they hope that human rights remain the compass of any process.
“And human rights law is clear about it - it promotes the freedom of assembly, the freedom of association, the freedom of political participation. Non recurrence of the past means that you are when it comes to political participation, for example, that you are guided by the very clear provision of human rights law,” said the UN human rights chief said.
“You need accountability. You need justice. As I mentioned, you need truth telling. You need memorial, and you need what I mentioned as well, the non-recurrence of the past.”
On the healing process, he said there needs to be national ownership for national healing to happen.
“The national healing process has always to be one that is homegrown.”
“This unique, unprecedented moment in the history of Bangladesh is the result of young men and women having taken to the streets – at great personal risk – to express that they had had enough of being ignored and marginalized,” he added.
The UN rights chief welcomed steps taken to repeal the Cyber Security Act, and to withdraw old cases of speech crimes under this law and the Digital Security Act.
He also welcomed statements by Chief Adviser Prof Muhammad Yunus that reinforce Bangladesh’s commitment to human rights, to social justice, and accountability, that acknowledge the need for comprehensive reforms in various institutions, including law enforcement, as well as the need to address economic inequalities.
The rapid establishment of commissions to recommend reforms in the judiciary, the election system, the administration, police, the constitution, and Anti-Corruption Commission is commendable, Türk said.
“I understand further commissions are being formed on health, media, labour rights and women’s affairs. In my discussions today with several of the commissioners, we discussed the importance of trust-building, inclusivity and the lessons that Bangladesh can draw from experiences in other countries that have grappled with similar issues,” he added.
Türk said all these reforms could be a powerful step towards easing decades of intense political division in the country and curbing the patronage politics that have weakened its democratic foundations.
The pursuit of justice for the brutal violence against protestors and other people – including children – killed and seriously wounded in July and August is a priority, he said.
He was encouraged that in many of the discussions, there was a call for enhanced support of his office, including through a strengthened presence.
“We look forward to concluding the discussions on the modalities of our enhanced presence in Bangladesh with the interim government,” said the UN rights chief.
The invitation for his office to deploy a fact-finding mission on human rights violations in the context of protests which took place in July and August this year was an important initiative by the interim authorities.
“A stronger presence in Bangladesh will enable my office to accompany and support the transition process in this area and in other areas, including by offering advice on legal, institutional, economic and social reforms, transitional justice, reconciliation, and healing,” Türk said.
It is a priority for his office to support this dynamic, diverse country and its people through this period of transition, and to do everything they can to help ensure the protection and promotion of human rights for all in Bangladesh, he said.
The UN team might take a month to submit its report on human rights violations committed from July 1 to August 15.
Earlier, the UN rights chief received an official invitation from the Chief Adviser to conduct an impartial and independent fact-finding mission into human rights violations committed from July 1 to August 15.
The office deployed a fact-finding team to Bangladesh, with a view to reporting on violations and abuses perpetrated during the protests, analysing root causes and making recommendations to advance justice and accountability and for longer-term reforms.