A/HRC/16/53/Add.1
(b)
Response from the Government dated 4 January 2011
27.
In its letter dated 4 January 2011, the Government of the Kingdom of Bahrain
replied that Ms. Sanad claims that, on 25 May 2010, a sharia court issued a decision
denying her right to custody of her children upon her divorce on religious grounds.
28.
The Government of the Kingdom of Bahrain indicated that the subject of the
complaint is a decision taken in an urgent applications case that does not have binding
force. It is a first-instance decision, which may be appealed before a competent court.
Hence, the complainant has not exhausted all domestic legal remedies.
29.
Article 18 of the Constitution of the Kingdom of Bahrain provides: “All persons are
equal in terms of human dignity. Citizens have the same rights, freedoms and general
obligations under the law, without any discrimination between them on grounds of sex,
origin, language, religion or belief.” According to the Government of the Kingdom of
Bahrain, it is inconceivable for anyone to infringe the Constitution, and even laws must be
consistent with, and may not, infringe the Constitution.
30.
The Government of the Kingdom of Bahrain indicated that it will provide the
Special Rapporteur with a detailed report, once the complainant has exhausted all the
remedies available under the law of Bahrain and a decision on the case has been taken.
(c)
Observations by the Special Rapporteur
31.
The Special Rapporteur is grateful that the Government of the Kingdom of Bahrain
replied to the communication of 6 July 2010. He would like to recall that the Human Rights
Council, in its resolution 6/37, urges States “(l) 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 belief, as well as incitement to hostility and violence, with particular regard
to religious minorities, and devoting particular attention to practices that violate the human
rights of women and discriminate against women, including in the exercise of their right to
freedom of thought, conscience, religion or belief”.
32.
Furthermore, the Special Rapporteur wishes to take this opportunity to refer to his
framework for communications, more specifically to the international human rights norms
and to the mandate practice concerning discrimination on the basis of religion or belief (see
para. 1 above, category B. 1.).
C.
Bangladesh
Communication sent on 30 November 2010 jointly with the Special Rapporteur on
violence against women, its causes and consequences
(a)
Allegations transmitted to the Government
33.
The Special Procedures mandate holders brought to the attention of the Government
information regarding Ms. Moni Mala Biswas, a Hindu woman from Tala Upazila,
Satkhira District. According to the information received, Ms. Moni Mala Biswas was the
wife of Mr. Prakash Biswas and belonged to the Lower Caste of the Hindu minority in Tala
Upazila of Satkhira District. On 20 April 2010, at about 9:00 a.m., Ms. Biswas went to
fetch water from a well near the Tala police station. Allegedly, Ms. Biswas was then
kidnapped by Mr. M. Z. G. with the help of Mr. K. G., Mr. A. Z. and Mr. S. G. (their full
names are known to the Special Rapporteurs). On 21 April 2010, a criminal case under
section 7/30 of the 2003 Women and Children Repression Act was opened against Mr. M.
Z. G. and three unidentified perpetrators.
8