IV. Legal Framework 64 Article 9 of the Declaration further outlines the State’s duty to ensure effective remedies for human rights defenders, stating: This obligation entails that the State ensures, without undue delay, a prompt and impartial investigation into the alleged violations, the prosecution of the perpetrators regardless of their status, the provision of redress, including appropriate compensation to victims, as well as the enforcement of the decisions or judgements. Failure to do so often leads to further attacks against human rights defenders and further violates their rights.344 In the case of Velásquez-Rodríguez v. Honduras, the Inter-American Court of Human Rights noted: States should prevent violations of the rights of defenders under their jurisdiction by taking legal, judicial, administrative and all other measures to ensure the full enjoyment by defenders of their rights; investigating alleged violations; prosecuting alleged perpetrators; and providing defenders with remedies and reparation.345 In her 2022 report, the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, recommended that governments should: Take all measures necessary to ensure that human rights defenders are protected from violence, retaliation, threats, discrimination and other kinds of pressure or arbitrary action by State and non-State actors as a consequence of their work. Condemn publicly all instances of violence, discrimination, intimidation or reprisals against them and emphasize that such practices can never be justified.346 The former Special Rapporteur Margaret Sekaggya further emphasized state responsibility in protecting human rights defenders under their jurisdiction, saying: In cases involving non-State actors—including private companies and illegal armed groups—it is paramount that prompt and full investigations be conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders.347 Article 31 of the Constitution of Bangladesh guarantees every person, for the time being within Bangladesh, the “inalienable” right to enjoy the protection of the law.348 This report documents that the Bangladesh government not only failed to protect Rohingya refugees but also failed to provide effective remedies to the survivors and relatives of victims. The pattern of Bangladesh authorities’ under former Prime Minister Sheikh Hasina repeatedly failing to swiftly investigate and prosecute human rights violations committed against Rohingya refugees demonstrates a violation of the right to effective remedy under international and domestic law. of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders), U.N. Doc. A/RES/53/144, March 8, 1999, art 12. 344 U.N. General Assembly, Report of the Special Rapporteur on the Situation of Human Rights Defenders, U.N. Doc. A/65/223, August 4, 2010, para. 44, https://www2.ohchr.org/english/issues/defenders/docs/a-65-223.pdf. 345 See, Velásquez-Rodríguez, IAmCHR (Judgment), para. 172. See also, Human Rights Committee, General Comment No. 31 [80], The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para. 8. 346 U.N. General Assembly, Report of the Special Rapporteur on the Situation of Human Rights Defenders, U.N. Doc. A/77/178, July 18, 2022, pg. 22. 347 U.N. General Assembly, Report of the Special Rapporteur on the Situation of Human Rights Defenders, U.N. Doc. A/HRC/13/22, December 30, 2009, para. 42. 348 Constitution of the People’s Republic of Bangladesh, Art. 31.