Complaint filed with UN Working Group on arbitrary detention of ISKCON leader Chinmoy Brahmachari in Bangladesh

Guwahati, Nov 27: The Rights and Risks Analysis Group (RRAG) has lodged a complaint with the UN Working Group on arbitrary detention of prominent ISKCON leader Chinmoy Krishna Das Brahmachari by Bangladesh’s Interim government.

Chinmoy Brahmachari was detained by the Detective Branch of Dhaka Metropolitan Police at Dhaka Airport on November 25 at 4:30 pm. He faces politically motivated charges, including, sedition (Section 124(a) of the Bangladesh Penal Code), hiring or conniving at hiring persons to join an unlawful assembly (Section 150) and abetment (Section 109), common intention (Section 34).

The following day, Judge Kazi Shariful Islam of the Chittagong Sixth Metropolitan Magistrate’s Court denied Brahmachari bail and sent him to jail.

RRAG has highlighted irregularities and the lack of substantive evidence in the case against Brahmachari. “The two-page complaint submitted by Md. Firoz Khan on October 31, is the primary basis of the charges. The first page lists descriptions of 19 accused persons. The second page contains a single paragraph alleging that, under the accused persons’ instigation, saffron-coloured ISKCON flags replaced national flags set up by the Anti-Discrimination Students Movement at New Market Zero Point, Chittagong, on October 25, 2024,” the RRAG said.

The RRAG asserts that these charges are baseless and politically motivated, aimed at suppressing minority voices.

In its submission to the UN, RRAG has emphasized that the detention violates international laws on arbitrary detention and freedom of expression. The charges lack credible evidence, and the case demonstrates misuse of legal mechanisms to target religious minorities.

“Brahmachari’s detention is part of a broader pattern of marginalizing and intimidating Hindu minorities in Bangladesh,” they said.

The arrest of Chinmoy Brahmachari has raised concerns among human rights groups and the international community regarding the treatment of religious minorities in Bangladesh. The case is a critical test of Bangladesh’s adherence to international human rights norms and its commitment to protecting minority rights.

Suhas Chakma, the Director of RRAG, highlighted significant gaps and lack of evidence in the complaint filed by Md. Firoz Khan, emphasizing that the charges are baseless and politically motivated.

“The complaint does not allege that Chinmoy Brahmachari or the other accused were directly involved in placing the ISKCON flags over Bangladeshi national flags. The actual perpetrators of the alleged act were not identified or named,” Chakma said.

“There is no evidence that ISKCON flags were indeed placed over Bangladeshi national flags as alleged. The complainant did not establish that those who placed the flags were associated with ISKCON or acted under its direction,” he said.

Chakma argued that even if the flags were placed as alleged, natural factors like the wind could have caused their movement, which cannot be construed as sedition.

“The act of placing flags does not amount to challenging the territorial integrity of Bangladesh or inciting enmity between communities. The complainant failed to substantiate how the alleged flag placement constitutes an act of sedition or a threat to national unity. The charges reflect a misuse of legal provisions to target religious minorities and stoke communal tensions,” he also said.

RRAG has framed this case as part of a broader pattern of systemic discrimination against Hindu minorities in Bangladesh. The organization asserts that Brahmachari’s detention violates international norms and principles of justice, including the right to freedom of expression and protection from arbitrary detention.

The RRAG’s intervention underscores the urgency for international scrutiny to ensure fairness, transparency, and the protection of minority rights in Bangladesh. The case also raises concerns about the judicial process being used to suppress dissent and religious pluralism.

The RRAG further alleged that no Summons for Investigation: Till his arrest on November 25, 2024, the police did not summon Chinmoy Brahmachari to join the investigation under Sections 160 and 161 of the Bangladesh Criminal Procedure Code.

The arrest was made directly without adherence to legal protocols for investigation and evidence gathering, raising questions about its legitimacy.

The RRAG emphasized that the detention was discriminatory, targeting Brahmachari for his role as a Hindu religious leader and advocate for minority rights.

The charges and detention were labelled as an attempt to suppress the voices of those organizing and defending the rights of religious minorities in Bangladesh.

Exercising Fundamental Rights: Brahmachari was arrested after organizing a peaceful assembly on October 25, 2024, at the Lal Dighi ground in Chittagong, seeking justice for minority rights violations.

The RRAG has petitioned the UN Working Group on Arbitrary Detention, urging registration of the case against the illegal detention of Brahmachari, issuance of an opinion on the matter, highlighting the violation of international standards and principles of justice and recognition of the detention as a discriminatory act based on Brahmachari’s religious identity.

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