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A/HRC/WGAD/2025/40

Opinion No. 40/2025 concerning Shahriar Kabir (Bangladesh)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-08-29 · en UN

Opinion; Subjects: BANGLADESH, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-15317 (E) 211025 211025

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 103rd session, 25–29 August 2025

Opinion No. 40/2025 concerning Shahriar Kabir (Bangladesh)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 27 February 2025, the Working Group

transmitted to the Government of Bangladesh a communication concerning Shahriar Kabir.

The Government submitted a late response on 13 May 2025. The State is a Party to the

International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/40

General Assembly

Distr.: General

21 October 2025

Original: English

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1.

Submissions

(a)

Communication from the source

4.

Shahriar Kabir is a citizen of Bangladesh, born on 20 November 1950. He resides in

Dhaka and is a film-maker, journalist, writer and human rights activist. Mr. Kabir is the

President of the Advisory Committee of the Forum for Secular Bangladesh. Previously, he

was the president of the Executive Committee of the Forum for nearly 25 years.

5.

Mr. Kabir has promoted secularism and equality in Bangladesh and in the South-Asia

region. He reportedly made documentaries against extremist ideologies, including one

focusing on links of the largest Islamist political party in Bangladesh to terrorism, and called

for trials of those accused of crimes committed during the war of independence in 1971.

6.

The legal provisions governing the deprivation of liberty, as contained in the Code of

Criminal Procedure, 1898 (Act No. V of 1898), are over a century old and do not set out

procedures to be followed before and after arrest. This often leads to abuse of the process,

and police authorities often resort to torture to extort information.

7.

Mr. Kabir was arrested on 17 September 2024, just after midnight, by personnel from

the Detective Branch of the Dhaka Metropolitan Police. The authority that ordered his arrest

is unknown.

8.

The Detective Branch does not have the authority to arrest a person without the

assistance of personnel assigned to a specific police station. Hence, police officers from four

police stations (Banani, Badda, Tejgaon and Ramna) accompanied the Detective Branch

personnel at the time of Mr. Kabir’s arrest.

9.

At the time of the arrest, the Detective Branch personnel did not clarify under which

case, or under which police station’s purview, Mr. Kabir was being arrested. He was told that

he was being arrested in relation to a murder case, but no further details were provided. Later,

when he was produced before a magistrate, Mr. Kabir was told he had been arrested in

relation to Ramna police station Case No. 1, dated 5 September 2024.

10.

Mr. Kabir uses a wheelchair and needs to take medicine due to age-related

complications. At the time of his arrest the police did not allow him to take medicine or

clothes with him.

11.

After Mr. Kabir’s arrest, journalists visited the above-mentioned four police stations

for information on the details of the case. Officials in all the stations informed the journalists

that they were unaware of any details.

12.

While Mr. Kabir’s family was not informed of where he was being held in custody

after his arrest, from subsequent court records it was revealed that he was being held by the

Detective Branch of the Dhaka Metropolitan Police at the Police headquarters on Minto

Road.

13.

At 9.30 a.m. on 17 September 2024, hours after his arrest, Mr. Kabir was produced

before the Dhaka Metropolitan Magistrate Court. He was not represented by legal counsel.

14.

The moment Mr. Kabir – who was in handcuffs – came out of the prison van that had

transported him to the court, members of a crowd started to throw items at him and shout

verbal abuse. At the courthouse, Mr. Kabir was attacked by the crowd; he was punched

several times. The police had equipped him with a heavy helmet and a bulletproof vest.

15.

In a video released on social media, the police are seen protecting themselves rather

than Mr. Kabir. Mr. Kabir was dragged to the second floor of the court building. The police

did not provide Mr. Kabir with a wheelchair or allow him to use the elevator. A mob was

waiting for Mr. Kabir on the stairs as well, and subjected him to violence similar to what he

experienced outside the building.

16.

Mr. Kabir has a metal rod in his upper and lower left leg; he thus cannot walk freely

and needs a walking stick or a wheelchair. During the court proceedings, Mr. Kabir requested

permission from the Court to sit on a chair, but the magistrate did not allow him to do so.

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17.

During the proceedings of 17 September 2024, the magistrate ordered that Mr. Kabir

be remanded from prison to the police station for the Dhaka-1000 area until 23 September

2024, on the following grounds: that Mr. Kabir was being accused in a murder case; that the

investigation into the case was pending; that he may intimidate witnesses or jeopardize the

investigation; and that he may be a flight risk. During this remand custody, neither his family

members nor colleagues were allowed to meet with Mr. Kabir.

18.

On 23 September 2024, Mr. Kabir was again produced before the Metropolitan

Magistrate Court. An aggressive crowd, albeit smaller in size, was waiting for him. Mr. Kabir

was in handcuffs and had been provided with a helmet and a bulletproof vest.

19.

Despite the presence of a greater number of police personnel, the crowd chanted

slogans against Mr. Kabir and threw items at him. Once again, the police did not provide a

wheelchair or allow Mr. Kabir to take the elevator. The Court again denied Mr. Kabir the

possibility of being seated in court.

20.

There are nine cases against Mr. Kabir, all involving the crime of murder by direct or

indirect inducement and relating to killings during the protests of July and August 2024.

Mr. Kabir is one of dozens of accused persons in each of the murder cases against him. He

was “shown arrest”, meaning that he was “arrested” for a new case while being detained for

a separate case, in six cases, and three cases are under investigation.

21.

The detention orders are reviewed when Mr. Kabir’s lawyer files bail applications,

which the lawyer has done on a regular basis. Miscellaneous bail applications were filed

before the Metropolitan Sessions Judge against the bail rejection orders of the Metropolitan

Magistrate Court. Those applications were rejected as well.

22.

Mr. Kabir’s lawyer submitted bail applications on 23 September 2024; 1, 2, 6, 14, 23

and 30 October 2024; and 11 February 2025. In these bail applications, Mr. Kabir’s lawyer

has noted the following: that Mr. Kabir is 74 years old; that he suffers from various ailments;

that he is not receiving suitable treatment while in detention; that the detention order is illegal

since Mr. Kabir was not involved with any of the alleged offences; that he is being detained

only for his views towards secularism and ensuring human rights for all; that the police have

not obtained any concrete evidence to date that Mr. Kabir is involved with any of the alleged

offences; that the police, following the guidance of the Government, are using delaying

tactics to prolong the investigations; that Mr. Kabir is a citizen of Bangladesh and will not

abscond from the country; and that Mr. Kabir will abide by any conditions ordered by the

Court.

23.

These pleas were rejected by both the Metropolitan Magistrate Court and the

Metropolitan Sessions Court. Bail applications will also be submitted in three cases before

the High Court Division.

24.

The prosecution, in response to requests by an investigation unit of the police, has

appealed to the Metropolitan Magistrate Court to place Mr. Kabir in remand custody so that

investigations can be conducted. The magistrate ordered remand custody in five of the nine

cases against Mr. Kabir. Mr. Kabir was held by the police until 23 September 2024. He was

then transferred to Keraniganj Prison, in Dhaka District, under the custody of the Bangladesh

prison authority. He is currently detained at the Kashimpur prison, in Gazipur. It generally

takes about seven to eight years for a criminal trial involving a murder charge to be

concluded.

25.

On 2 October 2024, Mr. Kabir’s lawyer submitted an application seeking medical

assistance on the grounds of Mr. Kabir’s medical conditions, including a mini-stroke, kidney

stones, conditions resulting from sleeping on the floor while in detention during the cold

season, neck and shoulder pain resulting from the heavy helmet Mr. Kabir wore during court

hearings, and the metal rod in his leg. Mr. Kabir’s family provides medication, but it is not

handed over to Mr. Kabir, and the medication provided in the prison is inadequate.

26.

The prison physician advised against Mr. Kabir’s physical presence in Court.

Mr. Kabir’s lawyer applied to continue proceedings without producing Mr. Kabir each time

in court. This application was allowed by the court and Mr. Kabir is now produced in court

only when his presence is deemed necessary.

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27.

Applications for special treatment in prison were rejected by the court on multiple

occasions without proper cause. On 2 October 2024, the magistrate stated that all medical

assistance would be provided in accordance with the prison rules.

28.

Mr. Kabir was reportedly psychologically tortured by the police, who pressured him

to confess to making blasphemous comments against Islam. During a hearing on Mr. Kabir’s

bail application, the public prosecutor emphasized that the deprivation of liberty of Mr. Kabir

was due to a debate Mr. Kabir had had with a religious leader on a television talk show. The

source submits that this indicates that Mr. Kabir was arrested for his ideological position and

not for his involvement with any alleged crimes.

29.

The source argues that Mr. Kabir’s case falls under categories I, II, III and V.

30.

In relation to category I, Mr. Kabir’s deprivation of liberty allegedly lacks legal basis,

in violation of article 9 of the Universal Declaration of Human Rights, article 9 (1) of the

Covenant and article 33 of the Constitution.

31.

Murder and other charges are cognizable and non-bailable offences; the police do not

need to obtain a warrant from a magistrate before arresting a person for a cognizable offence.

However, the police must have a prima facie case against a person to arrest under such

charges. The police did not have a prima facie case against Mr. Kabir at the time of arrest

and did not provide any case details or mention any crime for which he was being arrested at

the time of his arrest.

32.

Mr. Kabir’s deprivation of liberty is arbitrary under Category II, since it has been

carried out in response to his exercise of his legitimate right to freedom of expression and

opinion and freedom of association guaranteed under the Universal Declaration of Human

Rights (the source cites articles 2 and 7) and the Covenant (the source cites article 26).

33.

Mr. Kabir is reportedly an influential “elder intellectual”. As a result of his detention,

many secular intellectuals in the country are imposing self-censorship and many have left the

country.

34.

Mr. Kabir’s detention violates his right to freedom of expression, since he was

planning to criticize the interim Government for releasing from detention individuals accused

of terrorism; for failing to protect religious and ethnic minorities, as well as monuments and

works of art; and for forcing teachers and intellectuals to resign from their jobs.

35.

Mr. Kabir’s right to assembly was also infringed as he was preparing to organize

peaceful demonstrations. The authorities also curtailed his freedom of movement, as he

would have travelled abroad to voice his criticism.

36.

Mr. Kabir, as an independent national leader and activist, would have been

instrumental for young people in Bangladesh who wish to take part in the next elected

Government.

37.

Mr. Kabir’s detention also falls under category III, as it violates the right to a fair trial,

as set out in articles 9 and 10 of the Universal Declaration and articles 9 and 14 of the

Covenant.

38.

When Mr. Kabir was presented to the Metropolitan Magistrate Court on 17 September

2024, senior lawyers of the Dhaka Bar Association were not able to represent him because

of an aggressive crowd in and around the Metropolitan Magistrate Court that attacked

Mr. Kabir and any lawyer who wanted to represent him. The authorities did not provide a

public defence lawyer for Mr. Kabir. Furthermore, the police authorities have not submitted

charge sheets against him.

39.

The Supreme Court of Bangladesh had issued guidelines concerning arrest and

remand (police custody) in a case concerning Bangladesh Legal Aid and Services Trust, a

non-governmental organization. None of the applicable mandatory standards were followed

during arrest of Mr. Kabir. In that regard, the source notes the following:

(a)

At the time of the arrest, Mr. Kabir was not informed of the charge or the case

for which he was being arrested;

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(b)

Mr. Kabir was arrested by officials from the Banani and Badda police stations

and was kept in custody at the Tejgaon police station; according to the law, he must be kept

under the custody of the police station of the officials who arrested him or where the case

was filed;

(c)

The police did not inform Mr. Kabir’s family about his whereabouts from the

time of his arrest until the time Mr. Kabir was produced before the Dhaka Metropolitan

Magistrate Court;

(d)

The police and the magistrate did not follow the mandatory standards set out

by the Supreme Court of Bangladesh in the case involving the Bangladesh Legal Aid and

Services Trust, in particular with regard to Mr. Kabir’s arrest, producing him before a court

and ordering his remand, among other aspects;

(e)

Mr. Kabir was not represented by a lawyer of his choice and was physically

and verbally attacked in court;

(f)

On 16 September 2024, the Ministry of Home Affairs and the Bangladesh

Police declared that there would be no arrests in 500 collective cases filed in August 2024

involving thousands of accused – most of whom do not have any connection with alleged

crimes – without collective investigations being conducted; Mr. Kabir’s arrest was carried

out in contravention of this statement.

40.

In its general comment No. 35 (2004), the Human Rights Committee states that

detention must be justified as reasonable, necessary, and proportionate in the light of the

circumstances and reassessed as it extends in time. Articles 27, 31 and 35 of the Constitution

of Bangladesh and precedents of the Supreme Court guarantee fair trial rights for citizens.

41.

The source submits that the courts are not independent and thus do not uphold these

rights, which is evident by the fact that Mr. Kabir and other activists have been arrested

without evidence and then presented with fictional charges. The source recalls that

Mr. Kabir’s multiple pleas for bail have been rejected.

42.

Even though the magistrate had approved the request for “division status”, affording

Mr. Kabir certain amenities on the basis of his sociopolitical status, age and medical history

and of threats to his security in prison, the Deputy Commissioner of Gazipur has not approved

this decision to date. Mr. Kabir has suffered from fever and chest infections. The state of his

physical and mental health has deteriorated significantly during his time in detention.

43.

The magistrate, without considering Mr. Kabir’s physical condition, remanded

Mr. Kabir in police custody.

44.

By not providing Mr. Kabir with the necessary healthcare, the authorities are violating

his human rights and principles pertaining to equality in human dignity, enshrined in

articles 1, 3 and 5 of the Universal Declaration of Human Rights and articles 6 and 7 of the

Covenant. Moreover, the conditions of Mr. Kabir’s detention have been inhuman and

undignified, in violation of article 5 of the Universal Declaration of Human Rights and

articles 7 and 10 of the Covenant. The source submits that Mr. Kabir has not enjoyed the

presumption of innocence, as the Government and the judiciary have predetermined his guilt

and treat him as a criminal.

45.

Furthermore, Mr. Kabir’s deprivation of liberty is arbitrary under category V, because

it results from the expression of his political opinions and the peaceful exercise of his civil

and political rights. The source specifies that Mr. Kabir’s arrest is connected to his political

and secular opinions and his views against religious extremism.

(b)

Response from the Government

46.

On 27 February 2025, the Working Group transmitted allegations made by the source

to the Government through its regular communication procedure. The Working Group

requested the Government to provide, by 28 April 2025, detailed information about the

current situation of Mr. Kabir and any comments on the source’s allegations. The Working

Group also requested the Government to clarify the factual and legal grounds invoked by the

authorities to justify Mr. Kabir’s arrest and continued detention, and to provide details

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regarding the conformity of the relevant legal provisions and proceedings with international

law, in particular with the human rights treaties that the State has ratified.

47.

The Government submitted its reply on 13 May 2025, after the deadline. The Working

Group cannot accept this response as if it were provided within the time limit. In accordance

with paragraph 16 of its methods of work, the Working Group will render its opinion on the

basis of all the information it has obtained.

2.

Discussion

48.

In determining whether Mr. Kabir’s detention was arbitrary, the Working Group has

regard to the principles established in its jurisprudence to deal with evidentiary issues. If the

source has established a prima facie case for breach of international requirements constituting

arbitrary detention, the burden of proof should be understood to rest upon the Government if

it wishes to refute the allegations.2

(a)

Category I

49.

The Working Group will first consider whether there have been violations under

category I, which concerns deprivation of liberty without any legal basis being invoked.

50.

In evaluating Mr. Kabir’s detention under category I, the Working Group will begin

by considering whether the criminal charges against him are based on factual or legal

substantiation or are politically motivated.3 The Government claims that Mr. Kabir’s initial

arrest as accused No. 33 in Ramna police station Case No. 1 on 17 September 2024 followed

legal procedures and was based on credible evidence gathered during the investigation by the

Detective Branch of Dhaka Metropolitan Police and the Ramna police station.

51.

However, the Government’s first case against Mr. Kabir for murder, attempted murder

and other crimes rests solely on his televised talk show, where he allegedly indirectly incited

violence. No rational and fair person would admit a culpable causal link between a mere

television appearance and the serious crimes for which Mr. Kabir is accused without

additional reasonable explanation. In its late reply, the Government has not offered an

explanation as to how Mr. Kabir incited violence on television and how this resulted in

bloodshed.

52.

For the other murder and attempted murder charges, the Government has simply stated

that they are under investigation even though almost a year has passed since Mr. Kabir’s

initial arrest on 17 September 2024. The Working Group notes that Mr. Kabir was not a

member, let alone a senior official, of the police, the Rapid Action Battalion, the Ansar and

Village Defence Party, the military or any other government body or the ruling party before

or at the time of the shootings and killings of protesters by the security forces under the

former Government in July and August 2024.

53.

Mr. Kabir is also one of dozens of accused persons in each of the murder cases against

him. The Working Group expresses its grave concern at the “long-standing bad practices” of

the police of carrying out arrests on the basis of first information reports of criminal cases

that listed scores of named and unnamed individuals with no legally relevant connection to

the case, or who were even linked to a case that had been entirely fabricated.4

54.

Given the manifest use of politically motivated criminal charges as a pretext to punish

Mr. Kabir for his civic activities, the Working Group considers that no legal basis justifying

his arrest and detention can be invoked.

55.

The source submits, and the Government does not contest, that Mr. Kabir was not

presented with a warrant at the time of arrest in the early hours of 17 September 2024. The

2 A/HRC/19/57, para. 68.

3 Opinion No. 11/2024, para. 61.

4 Office of the United Nations High Commissioner for Human Rights, Fact-Finding Report: Human

Rights Violations and Abuses related to the Protests of July and August 2024 in Bangladesh

(United Nations, 2025), para. 159.

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Government claims that the police have the legal authority to make arrests without warrant

for “cognizable offences” in accordance with section 54 of the Code of Criminal Procedure.

56.

The Working Group has previously stated that for a deprivation of liberty to have a

legal basis, it is not sufficient that there is a law that may authorize the arrest. The authorities

must invoke that legal basis and apply it to the circumstances of the case. This is typically

done through an arrest warrant or arrest order (or an equivalent document).5

57.

The Government is not claiming that Mr. Kabir was apprehended in flagrante delicto.

Instead, its argument is that the seriousness of his alleged crimes justified his warrantless

arrest.

58.

Section 54 of the Code of Criminal Procedure provides that any police officer may,

without an order from a magistrate and without warrant, arrest any person against whom

credible information has been received that the person has committed a cognizable offence

punishable with imprisonment for a term which may extend to more than seven years,

whether with or without a fine, or with the death sentence, and where police officer has reason

to believe, on the basis of that information, that such person has committed the said offence.

The Working Group also notes the Government’s unrefuted submission that the police

produced Mr. Kabir before the Metropolitan Magistrate within eight hours of his arrest.

59.

Nevertheless, such warrantless arrests must remain the exception, not the rule. To

justify an exception to this rule, there must be reasonable grounds for suspecting that an

offence has been committed by the arrested person as well as grounds for detention, such as

the risk of flight, destruction of evidence, recurrence of crime and harm to victims and

witnesses. Section 54 of the Code of Criminal Procedure also makes clear that the police

must have reason to believe, on the basis of credible information, that the arrested person has

committed the crime. Without the strict requirement of establishing probable cause,

warrantless arrest risks becoming the norm, rather than the exception.

60.

Moreover, the Government has shown no urgent grounds for detaining Mr. Kabir that

a reasonable person would consider sufficient justification for arrest without warrant. The

Working Group therefore finds that Mr. Kabir’s warrantless arrest cannot be justified as an

exception to the general requirement of the presentation of an arrest warrant to ensure the

exercise of effective judicial control.

61.

Mr. Kabir has been held in prolonged pretrial detention for almost a year, dating from

his initial arrest on 17 September 2024, with no trial yet scheduled. Article 9 (3) of the

Covenant states that pretrial detention must be the exception rather than the rule and that

release may be subject to guarantees to appear for trial, at any other stage of the judicial

proceedings, and for execution of the judgment. A detainee must be entitled to meaningful

periodic judicial review. Pretrial detention without an individualized determination of the

risk of flight, interference with evidence or the recurrence of crime, and without consideration

of less intrusive alternatives, such as bail, electronic bracelets or other conditions in

accordance with the principle of reasonableness, necessity and proportionality, is devoid of

legal basis.6

62.

Mr. Kabir has been brought before courts and his lawyer has filed bail applications on

a regular basis, but they have been continuously rejected. The Government’s contention that

all the cases against Mr. Kabir are cognizable and non-bailable in accordance with the law

does not suggest an individualized determination. The vague reference to the risk of flight

5 Opinions No. 27/2023, para. 77; No. 66/2023, para. 44; No. 77/2023, para. 53; No. 37/2024, para. 83;

No. 62/2024, para. 69; No. 24/2025, para. 84; and No. 31/2025, para. 90. The Working Group has

maintained from its early years that the practice of arresting persons without a warrant renders their

detention arbitrary. See decisions No. 1/1993, paras. 6 and 7; No. 3/1993, paras. 6 and 7; No. 4/1993,

para. 6; No. 5/1993, paras. 6, 8 and 9; No. 27/1993, para. 6; No. 30/1993, paras. 14 and 17 (a);

No. 36/1993, para. 8; No. 43/1993, para. 6; and No. 44/1993, paras. 6 and 7. For more recent

jurisprudence, see opinions No. 6/2020, para. 40; No. 11/2020, para. 38; No. 13/2020, para. 47;

No. 14/2020, para. 50; No. 31/2020, para. 41; No. 32/2020, para. 33; No. 33/2020, para. 54; and

No. 34/2020, para. 46.

6 Opinions No. 24/2015, para. 37; No. 61/2018, para. 50; and No. 72/2019, para. 47. See also Human

Rights Committee, general comment No. 35 (2014), para. 38; and A/HRC/19/57, paras. 48–58.

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and recurrence of crime as justification for Mr. Kabir’s pretrial detention lacks persuasive

details.

63.

The Working Group also notes the assessment by the Committee against Torture that

daily pressure on members of the judiciary in Bangladesh reportedly results in judicial

officials having to accept arrests without warrants, extend custody without oversight and

accept other measures which undermine the fundamental legal safeguards that can protect a

person from such abuses as ill-treatment and torture.7 The Government has provided no

information to counter this assessment.

64.

The Working Group concludes that Mr. Kabir’s pretrial detention lacked a legal basis

in the absence of an individualized determination of Mr. Kabir’s circumstances by competent,

independent and impartial courts and was ordered in violation of articles 3 and 9 of the

Universal Declaration of Human Rights, article 9 (1) and (3) of the Covenant and

principles 38 and 39 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment. With regard to conditions of detention, the Working

Group also notes the recommendation by the Human Rights Committee for the State to take

practical measures to reduce overcrowding, particularly by promoting alternatives to

detention, ensuring that bail determinations are made promptly and that persons on remand

are not kept in custody for an unreasonable period of time.8

65.

In the light of the above, the Working Group concludes that Mr. Kabir’s deprivation

of liberty lacks a legal basis and is thus arbitrary under category I.

(b)

Category II

66.

Mr. Kabir was arrested on 17 September 2024 on the basis of the Government’s

unsubstantiated assertion that he indirectly instigated violence through a televised talk show.

His speech during the talk show is entitled to protection as the holding and expression of

opinions under article 19 (1) and (2) of the Covenant, unless it falls under the permitted

restrictions on this right in relation either to respect of the rights or reputations of others or

to the protection of national security, public order (ordre public), or of public health or

morals, under article 19 (3) of the Covenant. The Government has not provided arguments to

invoke any of these limitations, let alone demonstrate how the asserted acts constitute murder,

attempted murder and other criminal offences. As such, the Working Group is not convinced

that prosecuting Mr. Kabir was necessary to protect a legitimate interest under article 19 of

the Covenant, or that Mr. Kabir’s arrest and detention are a necessary or proportionate

response to his television appearance.9

67.

According to the source, Mr. Kabir was pressured by the police to confess to making

blasphemous comments, and the public prosecutor emphasized at the bail hearing that

Mr. Kabir’s detention was due to a debate with an Islamic leader on a television talk show.

The Government claims that the charge of blasphemy is not the basis for Mr. Kabir’s arrest

or remand and that his arrest and detention were not related to any ideological or political

stance he may have expressed, but rather tied exclusively to murder investigations under the

Penal Code. However, other than asserting the legality and propriety of Mr. Kabir’s

deprivation of liberty, the Government has not produced evidence, such as the transcript or

details of the discussion that took place at Mr. Kabir’s bail hearing where the public

prosecutor reportedly cited the televised debate with an Islamic leader as the reason for the

detention.

68.

The Working Group notes that Mr. Kabir has made documentaries against extremist

ideologies, including one focusing on links of the largest Islamist political party in

Bangladesh to terrorism, and that he has been calling for transitional justice for the atrocities

7 CAT/C/BGD/CO/1, para. 27. See also Office of the United Nations High Commissioner for Human

Rights, Fact-Finding Report: Human Rights Violations and Abuses, para. 323.

8 CCPR/C/BGD/CO/1, para. 26.

9 See also the Working Group’s application of the four-pronged test with regard to the application of

the principle of necessity and proportionality in opinions No. 54/2015, para. 89 and No. 82/2018,

paras. 35–40.

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9

committed during the 1971 Bangladesh war. These vocal positions have created powerful

political enemies for him.

69.

For these reasons, the Working Group concludes that Mr. Kabir’s detention resulted

from his exercise of his right to freedom of opinion and expression, contrary to article 19 of

the Universal Declaration of Human Rights and article 19 of the Covenant, with no legitimate

aim or objective in a democratic society that may justify interference with his rights and

freedoms.

70.

The Working Group expresses its particular concern at the chilling effect that

Mr. Kabir’s detention reportedly has already had on the activists of the Forum for Secular

Bangladesh, who have become silent and have refrained from demonstrations and rallies for

fear that they would lead to Mr. Kabir being harmed in detention or that they would invite

more arrests. While the Government claims that it has given everyone the freedom to

organize rallies and demonstrations, it is silent about how this freedom is guaranteed for the

Forum for Secular Bangladesh, whose leader has remained in detention for almost a year.

71.

The Working Group adds that the actions for which Mr. Kabir was deprived of his

liberty, especially his active stance against religious fundamentalism, also constituted the

exercise of his right to freedom of thought, conscience and religion under article 18 of the

Universal Declaration of Human Rights and article 18 (1) of the Covenant. The right to

freedom of thought, conscience and religion encompasses the right not to profess or practice

any religion. It provides not only protection from persecution to people holding religious

beliefs but also protection against persecution to people with non-religious beliefs, such as

agnosticism, atheism and humanism.

72.

Furthermore, Mr. Kabir’s actions that resulted in his arrest and detention constituted

the exercise of the right of citizens to take part in the conduct of public affairs, under

article 21 (1) of the Universal Declaration of Human Rights and article 25 (a) of the

Covenant, by exerting influence through public debate and dialogue with their

representatives or through their capacity to organize themselves.10 The Working Group notes

that Mr. Kabir has been an influential voice in public debate and dialogue and that his absence

due to his continued detention may influence the elections expected to take place in February

2026 to elect a new Government.

73.

The Working Group thus finds that Mr. Kabir’s arrest and detention are arbitrary and

fall within category II.

(c)

Category III

74.

Given its finding that the deprivation of liberty of Mr. Kabir is arbitrary under

category II, the Working Group wishes to emphasize that no trial should take place. However,

investigative and judicial proceedings against Mr. Kabir have already taken place. In the light

of the above, the Working Group will now consider whether the alleged violations of the

right to a fair trial and due process were grave enough to give Mr. Kabir’s deprivation of

liberty an arbitrary character.

75.

The source contends, and the Government does not dispute, that when Mr. Kabir was

presented to the Metropolitan Magistrate Court following his arrest on 17 September 2024,

senior lawyers of the Dhaka Bar Association were not able to represent him because of an

aggressive crowd in and around the courthouse. As a result, Mr. Kabir has not been

represented by a lawyer of his choice, as most senior lawyers were intimidated by the

aggressive crowd.

76.

The Working Group reaffirms that legal counsel should be able to carry out their

functions effectively and independently, free from fear of reprisal, interference, intimidation,

hindrance or harassment. The Government has the obligation to respect, protect and ensure

the right to legal counsel, including by protecting lawyers from the threat and use of violence

by private individuals and entities. The Working Group finds that the Government’s failure

to provide adequate protection from mob violence, which prevented most senior lawyers

from representing Mr. Kabir, violated his right to equality of arms and to a fair hearing by an

10 Human Rights Committee, general comment No. 25 (1996), para. 8.

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independent and impartial tribunal and his right to defend himself through legal counsel of

his own choosing under articles 10 and 11 (1) of the Universal Declaration of Human Rights

and article 14 (1) and (3) (d) of the Covenant.

77.

Moreover, Mr. Kabir was not afforded the minimum guarantees necessary for his

defence, including the right to have adequate time and facilities for the preparation of his

defence and to communicate with counsel of his own choosing, to be tried without undue

delay and not to be compelled to confess guilt, in violation of article 11 (1) of the Universal

Declaration of Human Rights and article 14 (3) (b), (c) and (g) of the Covenant. The

11-and-a-half-month delay between his trial and his initial arrest, during which time he was

held in pretrial detention with near automatic denial of bail, also violated principle 38 of the

Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment.

78.

The Working Group expresses its grave concern at the allegation of torture and

ill-treatment by the police during Mr. Kabir’s detention, which compromised his ability to

defend himself before and during trial. In response to the source’s allegation that Mr. Kabir

was subjected to psychological torture by the police to extract a confession for blasphemous

comments, the Government simply stated that his mental and physical well-being were

monitored by a medical representative, without explaining who the medical representative

was or how often the check-ups were conducted. With respect to the denial of the wheelchair

and regular medication, the Government noted the need for court authorization for the former

and the lack of a valid medical prescription for the latter. However, the judicial branch is a

State organ that has an obligation to observe international law, and it is difficult to

comprehend that Mr. Kabir’s family or lawyers have failed to provide a valid medical

prescription to the prison authorities for almost a year. The Government provided no

explanation for the denial of the elevator service for Mr. Kabir.

79.

The Working Group considers that the source has established a credible prima facie

case regarding the violation of articles 5 and 25 of the Universal Declaration of Human

Rights, articles 7 and 10 (1) of the Covenant, principle 6 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment and rule 1 of the

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela

Rules). The Government’s failure to take remedial measures compels the Working Group to

refer the present case to the Special Rapporteur on torture and other cruel, inhuman or

degrading treatment or punishment, for further consideration.

80.

The Working Group also expresses its concern at the Government’s failure to provide

physical protection from hostile mobs during Mr. Kabir’s presentation to court. Given

Mr. Kabir’s vocal criticism of religious fundamentalism and call for accountability for the

perpetrators of atrocities during the 1971 Bangladesh war of independence, the police should

have expected and prepared for mob attacks. Although the Working Group is relieved that

the Government has taken steps to curb such attacks, the damage appears to have already

been done. The Working Group is of the view that the Government has the obligation to

respect, protect and ensure security of person, especially for those whom it has deprived of

liberty.

81.

Given the above observations, the Working Group concludes that the numerous

violations of the right to a fair trial and due process are of such gravity as to give Mr. Kabir’s

deprivation of liberty an arbitrary character that falls within category III.

(d)

Category V

82.

The Working Group recalls several non-cumulative indicators that serve to establish

the discriminatory nature of detention. These include the following: the deprivation of liberty

was part of a pattern of persecution against the detained person, including, for example,

through previous detention; other persons with similarly distinguishing characteristics have

also been persecuted; or the context suggests that the authorities have detained a person on

discriminatory grounds or to prevent them from exercising their human rights.11

11 A/HRC/36/37, para. 48.

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11

83.

Regarding these non-cumulative indicators, the Working Group notes a pattern of

intimidation against Mr. Kabir in relation to his activities as an advocate for human rights.

While the Government contends that Mr. Kabir is not a victim of discrimination and his

treatment has been equal to that of other persons arrested for murder and other serious crimes,

he has faced arrest, beatings, mob harassment and other forms of persecution in the past and

dozens of other persons have been charged with Mr. Kabir in multiple cases of murder,

attempted murder and other crimes.

84.

Moreover, in the discussion concerning category II, the Working Group established

that Mr. Kabir’s detention resulted from the peaceful exercise of his human rights under

international law. When detention results from the active exercise of civil and political rights,

there is a strong presumption that the detention also constitutes a violation of international

law on the ground of discrimination based on political or other views.12 The Government

failed to rebut this presumption.

85.

For these reasons, the Working Group finds that Mr. Kabir was deprived of his liberty

on discriminatory grounds, on the basis of his political opinions and his status as a human

rights defender. The deprivation of his liberty violated articles 2 and 7 of the Universal

Declaration of Human Rights and articles 2 (1) and 26 of the Covenant and was arbitrary

under category V.

(e)

Concluding remarks

86.

The Working Group is extremely concerned about the source’s submission that

Mr. Kabir’s well-being is reportedly suffering, owing to multiple health complications

caused, inter alia, by the conditions of and his treatment in custody. The Working Group is

compelled to remind the Government that, in accordance with article 10 (1) of the Covenant

and rules 1, 24, 27 and 118 of the Nelson Mandela Rules, all persons deprived of their liberty

must be treated with humanity and with respect for the inherent dignity of the human person,

including by receiving appropriate medical care.13 The Working Group refers the present case

to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health and the Independent Expert on the enjoyment of all

human rights by older persons.

3.

Disposition

87.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Shahriar Kabir, being in contravention of articles 2, 3, 6,

5, 7, 9, 10, 11 (1), 18, 19, 21 (1) and 25 of the Universal Declaration of Human Rights

and articles 2 (1), 7, 9 (1) and (3), 10 (1), 14 (1) and (3) (b), (c), (d) and (g), 18 (1),

19 (1) and (2), 25 (a) and 26 of the International Covenant on Civil and Political

Rights, is arbitrary and falls within categories I, II, III and V.

88.

The Working Group requests the Government of Bangladesh to take the steps

necessary to remedy the situation of Mr. Kabir without delay and bring it into conformity

with the relevant international norms, including those set out in the Universal Declaration of

Human Rights and the International Covenant on Civil and Political Rights.

89.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Kabir immediately and accord him an

enforceable right to compensation and other reparations, in accordance with international

law.

90.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Kabir and to take appropriate measures against those responsible for the violation of his

rights.

12 Opinions No. 88/2017, para. 43; No. 13/2018, para. 34; No. 59/2019, para. 79; No. 39/2024, para. 69;

and No. 51/2024, para. 117.

13 See also opinion No. 26/2017, para. 66.

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91.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on torture and other cruel, inhuman or degrading

treatment or punishment, the Special Rapporteur on the right of everyone to the enjoyment

of the highest attainable standard of physical and mental health and the Independent Expert

on the enjoyment of all human rights by older persons, for appropriate action.

92.

The Working Group requests the Government to translate, publish and disseminate

the present opinion through all available means and as widely as possible.

4.

Follow-up procedure

93.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Kabir has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Kabir;

(c)

Whether an investigation has been conducted into the violation of Mr. Kabir’s

rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Bangladesh with its international obligations in line with

the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

94.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

95.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

96.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.14

[Adopted on 25 August 2025]

14 Human Rights Council resolution 51/8, paras. 6 and 9.