UN statement: Professor Shahriar Kabir’s arrest is completely illegal and a violation of human rights

UN statement: Shahriar Kabir’s detention is illegal, demands his immediate release and compensation

BD Digest Desk

The UN’s Working Group on Arbitrary Detention (WGAD) said in its 103rd session that the detention of writer, journalist and human rights activist Professor Shahriar Kabir is completely unlawful and a violation of international law.

Dr. Yunus’ interim government arrested Professor Shahriar Kabir on September 17th of last year.

The UN agency said the Bangladesh government had failed to uphold justice and follow due process.

UN main observations

• Paragraphs 65, 73, 74 and 85: The deprivation of Shahriar Kabir’s freedom has been called illegal. It falls into four categories:
  • Detention without legal basis
  • Violation of freedom of expression
  • Violation of the right to justice
  • Discrimination cases and harassment
• Paragraph 51: The government’s accusations of murder and attempted murder against Yunus are based solely on one of his TV talk shows, where he allegedly incited violence. The United Nations has said that it is not reasonable to link a mere speech on television to such a serious crime. The government has also failed to provide any evidence that his speech incited violence.
• Paragraph 54: An attempt has been made to use the case for political purposes to punish him. As a result, there is no legal basis for his arrest and detention.
• Paragraph 69: He has been detained for exercising his freedom of expression—which is contrary to Article 19 of the Universal Declaration of Human Rights. Such interference has no justification in a democratic state.
• Paragraph 77: He was not given the minimum rights of self-defense.
  • Access to lawyers was limited.
  • No time was given to prepare a defense.
  • The trial has been delayed.
  • Bail was almost automatically denied, and
    his detention without trial for more than 11 months is a direct violation of international law.
• Paragraph 79: The United Nations has referred the case to the Special Rapporteur on torture to investigate whether he has been subjected to cruel and inhuman treatment. The government has failed to remedy the situation.
• Paragraph 80: The police failed to protect him from the mob when he was brought to court. His actions and opinions raised a risk of attack which it was the police’s duty to deal with.
• Paragraph 82: The necessary indicators for holding the detention discriminatory were found in this case. The harassment, pressure on other people of the same ideology and political motive were clear.
• Paragraph 84: He was detained for peacefully exercising his rights. Detention on the basis of political opinion is considered discrimination—a charge the government has failed to refute.

UN recommendations

• Shahriar Kabir must be released immediately.
• He must be given compensation and necessary remedies.
• There must be independent investigations into cases of deliberate unlawful detention and those responsible must be held accountable.

The United Nations has expressed deep concern about Shahriar Kabir’s deteriorating health and said it is the government’s responsibility to ensure humane treatment and dignity for anyone who is detained.

This important decision highlights the urgent need to protect the rule of law, human rights and fundamental freedoms in Bangladesh. The international community and human rights organizations are called upon to monitor the implementation of this recommendation.