Bangladesh watchdog protests anti-lesbian police operation
JusticeMakers Bangladesh also cites anti-gay vigilante action and arrests
Human rights defenders are protesting an anti-lesbian police operation in southern Bangladesh and anti-gay vigilante actions in central Bangladesh.
JusticeMakers Bangladesh in France (JMBF) said “these incidents represent a serious deterioration in the human rights situation of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) persons in Bangladesh. They reflect an alarming pattern of discrimination, unlawful interference with privacy, arbitrary deprivation of liberty, and persecution based on actual or perceived sexual orientation.”
JMBF reported the following incidents, based on credible sources and on newspaper accounts that were independently verified.
On June 11, one adult woman and two adolescent girls were sent to jail in Barguna, southern Bangladesh, following allegations of involvement in a consensual same-sex relationship. JMBF also reported without protest the fact that a 13-year-old schoolgirl was placed in protective custody pursuant to a court order.
The case reportedly originated after the schoolgirl was reported missing by her family on June 8. During the subsequent investigation, police alleged that the individuals had become acquainted several years earlier through a Facebook Messenger group and had maintained close personal relationships. Following a police operation, the schoolgirl was found and placed under the care of the Department of Social Services. The other three individuals—including two adolescent girls— were arrested, apparently on allegations of consensual same-sex intimacy. They were remanded to judicial custody by order of the court.
JMBF said that “the detention of adolescent girls raises additional concerns under the Convention on the Rights of the Child (CRC), which requires that the best interests of the child be a primary consideration and that the detention of children be used only as a measure of last resort and for the shortest appropriate period of time.”
The ages of the two adolescents were not given. The legal age of consent is 18 for women in Bangladesh.
On June 20, five young men were detained by local residents in the Chanmari area of Faridpur in central Bangladesh after allegations of homosexuality were made against them. Before law enforcement authorities arrived at the scene, the victims were interrogated by private individuals, their mobile phones were searched without lawful authority or judicial authorisation, and their private digital communications, including Facebook communications, were accessed and examined in an apparent attempt to identify other alleged members of online LGBTQI+ groups.
After detaining two young men, local residents persuaded three other individuals to come to the student residence, where they were also detained before being handed over to the police. Two students were released to their families after signing written statements. Three others were taken into police custody and subsequently remanded to judicial custody by order of the court.
Consensual same-sex intimacy is punishable by up to life imprisonment under Section 377 of the colonial-era Penal Code.
JMBF stated:
“JMBF is deeply concerned that both incidents reflect an increasingly hostile environment in which individuals are subjected to public humiliation, arbitrary detention, unlawful searches of their private communications, and criminal prosecution solely because of allegations concerning their actual or perceived sexual orientation.
“Particularly disturbing is the apparent involvement of private individuals in unlawfully detaining and interrogating the victims, searching their mobile phones, accessing their private communications, and facilitating their transfer to law enforcement authorities. Such acts undermine the rule of law, erode public confidence in the criminal justice system, and encourage vigilante justice in place of lawful criminal procedures.
“These incidents further underscore the harmful consequences of the continued criminalisation of consensual same-sex sexual conduct under Section 377 of the Penal Code, 1860, which has long contributed to discrimination, fear, violence, stigma, and abuse against LGBTQI+ persons in Bangladesh. The mere allegation of homosexuality or involvement in a consensual same-sex relationship can never justify arbitrary arrest, detention, public humiliation, invasion of privacy, or discriminatory treatment. Every individual is entitled to equal protection of the law and to enjoy their fundamental rights and freedoms without fear of persecution or discrimination.”
JMBF urged the Government of Bangladesh “to immediately release all individuals who have been arbitrarily arrested or detained solely on the basis of allegations concerning their actual or perceived sexual orientation or consensual same-sex relationships. The Government must ensure prompt, independent, impartial, effective, and transparent investigations into the incidents in Faridpur and Barguna, including the unlawful detention of individuals by private persons, the unlawful search of mobile phones and private communications, acts of intimidation and public humiliation, and any abuse of authority or misconduct by law enforcement officials. Those responsible for violating the law must be held accountable in accordance with due process.”