A/HRC/4/21/Add.1
page 14
Bangladesh
Urgent allegation sent on 20 January 2006 jointly with the Special Rapporteur on
the sale of children, child prostitution and child pornography
39.
The Special Rapporteurs received information about a 14 year old Hindu girl from the
town of Thakurgaon Bangladesh according to which, on 10 November 2005 at about 4 p.m., the
girl was abducted at gunpoint on her way home from school. The two abductors are alleged to be
two neighbouring young Muslims. There are concerns that the purpose of the abduction is in
order to force her to convert to Islam. On 11 November 2005, the girl’s parents lodged a formal
complaint at Thakurgaon Sadar Police Station and appealed to the Home Minister. However, the
police reportedly did not act upon the complaint, arrest the abductors or attempt to recover the
girl. Twenty three days after the abduction, the girl called her parents from a mobile phone and
informed them that she was under the custody of a police officer from Dinajpur. This information
was transmitted to Thakurgaon Sadar Police Station but no action was reportedly taken to
apprehend the alleged perpetrators.
Response from the Government dated 9 June 2006
40.
The Government informed that this case was investigated and that the following
information was established. The person in question voluntarily left her father’s place with her
fiancée on 10 November 2005. On the same day, she converted into Islam and declared her
marriage with her fiancée. This was stated by affidavit before the learned Notary Public. As per
the affidavit, her age was claimed to be 21 years. The medical board certified that her age was
about 18 years and consequently she is not a minor. Her father lodged a legal action accusing the
fiancée and others of abducting her. The case is pending before the learned Court. At present, she
is staying at the residence of her husband. The Court will decide whether there was abduction or
not.
Observations
41.
The Special Rapporteur is grateful for the Government’s response. She would be grateful
to receive information on any results of the court case which was lodged by the father of the
alleged victim. The Special Rapporteur would like to take the opportunity to remind the
Government of article 18(2) of the International Covenant on Civil and Political Rights, which
states that “[n]o one shall be subject to coercion which would impair his freedom to have or to
adopt a religion or belief of his choice.” Furthermore, according to article 5(1) of the 1981
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, “[t]he parents or, as the case may be, the legal guardians of the child have the
right to organize the life within the family in accordance with their religion or belief and bearing
in mind the moral education in which they believe the child should be brought up.” Article 14(2)
of the Convention on the Rights of the Child provides that “States Parties shall respect the rights
and duties of the parents and, when applicable, legal guardians, to provide direction to the child
in the exercise of his or her right in a manner consistent with the evolving capacities of the child.”
42.
Furthermore, the Special Rapporteur would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Freedom from coercion” (see above para. 1, category I. 2.) and “The right