Press Release on Shahriar Kabir

UN Declares Shahriar Kabir’s Detention Arbitrary, Urges Immediate Release and Reparations

Stockholm, 21 November 2025 – The United Nations Working Group on Arbitrary Detention (WGAD), in its Opinion No. 40/2025[1] taken at its 103^rd Session (23-25 August), has ruled that the detention of Shahriar Kabir (who is arrested since 17 September 2024], a prominent Bangladeshi writer, journalist, and human rights defender is arbitrary and in violation of international law. The Working Group has heavily criticised the government of Bangladesh for grave violation of due process and fair trial standards.

Key findings from the UN Working Group:

• Paragraph 65, 73, 74 and 85: The deprivation of liberty of Shahriar Kabir is arbitrary and falls within categories I [deprivation of liberty without any legal basis], II [freedom of expression and opinion], III [right to fair trial and due process] and V [discriminatory nature of prosecution].

• Paragraph 51: “the Government’s first case against Mr. Kabir for murder, attempted murder and other crimes rests solely on his televised talk show, where he allegedly indirectly incited violence. No rational and fair person would admit a culpable causal link between a mere television appearance and the serious crimes for which Mr. Kabir is accused without additional reasonable explanation. In its late reply, the Government has not offered an explanation as to how Mr. Kabir incited violence on television and how this resulted in bloodshed.”

• Paragraph 54: “Given the manifest use of politically motivated criminal charges as a pretext to punish Mr. Kabir for his civic activities, the Working Group considers that no legal basis justifying his arrest and detention can be invoked.”

• Paragraph 69: “For these reasons, the Working Group concludes that Mr. Kabir’s detention resulted from his exercise of his right to freedom of opinion and expression, contrary to article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant, with no legitimate aim or objective in a democratic society that may justify interference with his rights and freedoms.”
• Paragraph 77: “Moreover, Mr. Kabir was not afforded the minimum guarantees necessary for his defence, including the right to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing, to be tried without undue delay and not to be compelled to confess guilt, in violation of article 11 (1) of the Universal Declaration of Human Rights and article 14 (3) (b), (c) and (g) of the Covenant. The 11-and-a-half-month delay between his trial and his initial arrest, during which time he was held in pretrial detention with near automatic denial of bail, also violated principle 38 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.”

• Paragraph 79: “The Working Group considers that the source has established a credible prima facie case regarding the violation of articles 5 and 25 of the Universal Declaration of Human Rights, articles 7 and 10 (1) of the Covenant, principle 6 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and rule 1 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). The Government’s failure to take remedial measures compels the Working Group to refer the present case to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, for further consideration.”

• Paragraph 80: “The Working Group also expresses its concern at the Government’s failure to provide physical protection from hostile mobs during Mr. Kabir’s presentation to court. Given Mr. Kabir’s vocal criticism of religious fundamentalism and call for accountability for the perpetrators of atrocities during the 1971 Bangladesh war of independence, the police should have expected and prepared for mob attacks. Although the Working Group is relieved that the Government has taken steps to curb such attacks, the damage appears to have already been done. The Working Group is of the view that the Government has the obligation to respect, protect and ensure security of person, especially for those whom it has deprived of liberty.”

• Paragraph 82: “The Working Group recalls several non-cumulative indicators that serve to establish the discriminatory nature of detention. These include the following: the deprivation of liberty was part of a pattern of persecution against the detained person, including, for example, through previous detention; other persons with similarly distinguishing characteristics have also been persecuted; or the context suggests that the authorities have detained a person on discriminatory grounds or to prevent them from exercising their human rights.”

• Paragraph 84: “… the Working Group established that Mr. Kabir’s detention resulted from the peaceful exercise of his human rights under international law. When detention results from the active exercise of civil and political rights, there is a strong presumption that the detention also constitutes a violation of international law on the ground of discrimination based on political or other views. The Government failed to rebut this presumption.”

The UN body recommends:

• Immediate release of Shahriar Kabir.
• Enforceable right to compensation and other reparations.
• Independent investigation into the circumstances of his arbitrary detention and accountability for those responsible.

The Working Group expressed deep concern over Mr. Kabir’s deteriorating health and reminded Bangladesh that “all persons deprived of liberty must be treated with humanity and respect for dignity.”

This landmark decision underscores the urgent need for Bangladesh to uphold the rule of law and protect fundamental freedoms. The international community and human rights organizations are urged to monitor compliance with these recommendations.

Contact:

[1] https://www.ohchr.org/sites/default/files/documents/issues/detention-wg/opinions/session103/a-hrc-wgad-2025-40-bangladesh-aev.pdf, accessed on 21 November 2025.

SADF