UN Human Rights High Commissioner
“Any killing needs to be investigated”: UN Rights Chief
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.
3 weeks ago
Bangladesh's response to UN rights chief: Letter to PM written ‘hastily without full information’
Bangladesh has expressed its displeasure to the United Nations High Commissioner for Human Rights Volker Türk over a recent letter to Prime Minister Sheikh Hasina and a press note on the country “without waiting for fuller information and facts.”
“We expect that human rights mechanisms would give themselves adequate time before jumping to conclusions without the benefit of full facts to avoid the risks of being influenced by rumors and unverified information,” according to Bangladesh’s response to Türk on November 10.
The letter seen by UNB notes that the UN rights chief’s letter, dated November 1, 2023, addressed to Prime Minister Sheikh Hasina, has been written “hastily without waiting for fuller information and facts” to emerge and without allowing sufficient time for reflection.
The letter mentioned that a press note was also “hurriedly released” from Türk’s office on the same issue without consulting Bangladesh, and without taking into consideration the facts and figures the country provided along with “horrific images and video footage taken from neutral sources.”
Guided by the obligations emanated from the constitution, Bangladesh side said that the government has been allowing and extending necessary cooperation to all political parties including Bangladesh Nationalist Party (BNP) to arrange assemblies, protests, processions etc.
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In this spirit the government allowed mass assemblies convened by different political parties on October 28, 2023 on the streets of Dhaka despite the declared objective of a major opposition party – BNP – to create anarchy and disconnect Dhaka from other parts of Bangladesh as a pressure tactic, reads the letter.
During its rally and strike on October 28-29, the unruly activists of BNP – “misguided” by the propaganda of its leaders – took recourse to indiscriminate street violence, arson, other forms of violent activities on the apolitical law enforcement agency members, police stations, CCTV cameras, the judiciary, media personnel, innocent civilians, state institutions, hospitals, ambulances, fire service vehicles and public properties, according to Bangladesh’s reply to Türk.
A member of the police was beaten to death while more than 100 police officers were injured, a bus worker was burnt alive, residences of the chief justice of Bangladesh and other judges of the Supreme Court were attacked, it said.
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On the following days, as BNP spread the “campaign of arson and terror” all over Bangladesh, a few more people were killed, reads the letter.
“It is unfortunate that BNP unleashed its attacks on the on-duty media personnel. TV cameras were snatched away and at least 25 journalists were attacked, several of whom were admitted to hospitals. Bangladesh Federal Union of Journalists (BFUJ) condemned these attacks by the BNP activists,” according to Bangladesh’s response.
In the letter, Bangladesh said Türk’s office should conduct an unbiased assessment of BNP’s targeted attacks on the press impeding freedom of expression.
“Let me reassure you that our law enforcement agencies (LEAs) are well-trained to apply minimal and optimal force as they seek to prevent destruction of property or lives. Our LEAs deserve appreciation for being reasonable and restrained despite a member of the Police being mercilessly beaten to death by BNP hoodlums,” reads the letter.
The current government, as a democratically elected one, is committed to uphold the rule of law and ensure peace and security, it said.
Every single arrest made following the incident of October 28, was based on specific allegations against the persons concerned, Bangladesh said.
“There has been no arbitrary arrest and detention, and we assure them access to full legal recourse as allowed under domestic laws,” the letter said.
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In its reply, Bangladesh also mentioned that BNP Chairperson Khaleda Zia was convicted on corruption charges in two cases while a few other cases are ongoing – all of which were filed during the 2007-08 caretaker administration.
Considering her health condition, based on the application of her family members, Prime Minister Sheikh Hasina suspended her sentence under legal provision.
“Begum Khaleda Zia was offered a release for a period of six months on conditions of (a) taking treatment in Bangladesh and (b) not leaving the country. She accepted the conditions under which she was released on 25 March 2020 and her release tenure was extended several times,” said the government of Bangladesh.
Bangladesh in its reply mentioned that she has been receiving treatment of the highest standard at the Evercare Hospital, one of the best hospitals in Bangladesh, as per her choice.
Recently, her family members and the leadership of BNP sought permission from the government to bring specialist doctors from the USA for her treatment. The government accorded its permission.
Bangladesh appreciated engagement of Türk’s office with the government of Bangladesh on the recent developments.
“As Bangladesh is constructively and consistently engaged with the UN mechanisms in promoting and protecting human rights, we expect our steadfast commitment would be reciprocated with the spirit of cooperation and proportionality,” reads the letter to the UN rights chief.
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