The United Nations Working Group on Arbitrary Detention (WGAD) has declared the detention of writer, journalist and human rights activist Professor Shahriar Kabir as “completely arbitrary” and a “clear violation of international law.”
In its findings from the 103rd session, the UN body said the Bangladesh government had “grossly failed” to ensure due process and uphold justice in the case.
Journalist Kabir was arrested on 17 September last year under the interim government led by Dr. Muhammad Yunus. According to the WGAD’s assessment, his deprivation of liberty falls under four major categories of illegal detention: lack of legal basis, violation of freedom of expression, denial of fair trial rights and discriminatory prosecution.
Detention Based Solely on TV Commentary
In Paragraph 51 of its report, the Working Group noted that the government had accused Kabir of murder and attempted murder based solely on comments he made during a television talk show—alleging that he had incited violence.
The UN body stated unequivocally that linking televised expression to “serious criminal charges like murder or violence” is unreasonable. The government failed to provide any evidence that his remarks directly led to acts of violence.
Violation of Freedom of Expression
Citing Paragraphs 54 and 69 of the WGAD report, the UN said Kabir was essentially detained for exercising his right to freedom of expression, protected under Article 19 of the Universal Declaration of Human Rights.
The Working Group further observed that the charges appeared politically motivated, amounting to an attempt to punish him for his views—rendering the arrest unlawful in a democratic society.
Denied Basic Rights to Defence
Paragraph 77 highlights that Kabir was deprived of minimum guarantees for self-defence. His access to legal counsel was severely restricted, and he was not given adequate time to prepare his defence. His bail petitions were reportedly rejected “almost automatically.”
Detaining him for more than 11 months without initiating trial proceedings amounts to a direct breach of international standards, the report said.
Security Failures and Allegations of Inhumane Treatment
The Working Group further noted in Paragraph 80 that authorities failed to protect Kabir from hostile crowds during his court appearances, despite clear risks stemming from his activism and public statements.
The case has also been referred to the UN Special Rapporteur on Torture (Paragraph 79) to examine whether he was subjected to cruel or inhuman treatment during detention.
Political Targeting and Discrimination
In Paragraphs 82 and 84, the UN states that Kabir was targeted due to his political views and peaceful exercise of fundamental rights. The government was unable to dismiss allegations of discriminatory and politically motivated detention.
