A/HRC/16/53/Add.1
34.
It is reported that Mr. M. Z. G. forcefully converted Ms. Biswas to Islam on 9 June
2010, renamed her as Ms. Fatema Begum and married her in contravention of section 494
of Bangladesh Penal Code. Subsequently, Mr. M. Z. G. reportedly put mental and physical
pressure on Ms. Biswas to withdraw the abduction case dated 21 April 2010, and also to get
money from her parents as dowry. When Ms. Biswas expressed her inability to procure
dowry money from her destitute parents, Mr. M. Z. G. started beating her. As a result, Ms.
Biswas died at the house of Mr. M. Z. G. on 28 October 2010. He tried to portray this as a
suicide, hanging her dead body in his room and then fled away.
35.
On 28 October 2010, the police recovered the dead body and filed another case
against four perpetrators responsible for abatement of murder, including Mr. M. Z. G.,
under section 11(ka)/30 of the 2003 Women and Children Repression Act. However, the
police has yet been unable to arrest the perpetrators. The body of Ms. Biswas was
subsequently buried as per Muslim custom.
36.
The Special Rapporteurs recalled that the right to marry only with one’s free and full
consent is recognized in article 16 of the Universal Declaration of Human Rights.
Furthermore, they drew the attention of the Government of Bangladesh to article 16 of the
Convention on the Elimination of All Forms of Discrimination Against Women, on the
right of women and men to freely choose a spouse, to enter into marriage only with their
free and full consent and to have the same rights and responsibilities during the marriage
and at its dissolution. They also referred to article 1 of the United Nations Declaration on
the Elimination of Violence against Women which provides that the term “violence against
women” means any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private
life. Article 2 (a) of the Declaration provides that violence against women shall be
understood to encompass dowry-related violence, among other forms of violence occurring
in the family.
(b)
Response from the Government dated 30 November 2010
37.
In its letter dated 30 November 2010, the Government of Bangladesh acknowledged
receipt of the Special Rapporteurs’ communication concerning the case of Ms. Moni Mala
Biswas of Tala Upazila Satkhira District, her forceful marriage and subsequent death.
Reiterating the full support and cooperation of the Government of Bangladesh to the
mandate and work of the esteemed Special Rapporteur and to other human rights special
procedures and complaints mechanisms, the Permanent Mission of Bangladesh assured that
the contents of the communication had been duly noted and forwarded to the concerned
authorities in Bangladesh for necessary inquiry and actions.
(c)
Observations by the Special Rapporteur
38.
The Special Rapporteur is grateful that the Government of Bangladesh
acknowledged receipt of the communication of 30 November 2010. He would like to
reiterate the Special Rapporteurs’ appeal to be provided with information relating to the
case of Ms. Biswas described above and her subsequent death and to ensure the right to
freedom of religion of all individuals in accordance with article 18 of the Universal
Declaration of Human Rights. Furthermore, article 18, paragraph 2, of the International
Covenant on Civil and Political Rights provides that “No one shall be subject to coercion
which would impair his freedom to have or to adopt a religion or belief of his choice”.
39.
In this context, he would also like to refer to Human Rights Council resolution 6/37,
in which the Council urges States “to take all necessary and appropriate action, in
conformity with international standards of human rights, to combat hatred, intolerance and
acts of violence, intimidation and coercion motivated by intolerance based on religion or
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