Shafiur Rahman
The U.N. Working Group on Arbitrary Detention (WGAD) has delivered a landmark ruling, declaring the nearly three-year detention of prominent Rohingya community spokesperson Dil Mohammed in Bangladesh to be arbitrary and unlawful under international law.
The decision calls for Mohammed’s immediate release, compensation, and a full, independent investigation into the human rights violations he has suffered.
The ruling, adopted by the WGAD in August and made public this week, is the first of its kind concerning the detention of a specific, prominent Rohingya refugee leader inside Bangladesh.
It places unprecedented international scrutiny on the systemic treatment of displaced persons within the country’s borders.
Dil Mohammed, a spokesperson who previously engaged with U.N. officials, diplomats, and media from the now-destroyed “No Man’s Land” Rohingya encampment on the Bangladesh-Myanmar border, was seized on January 19, 2023.
Arbitrary detention and enforced disappearance
The WGAD findings were damning, concluding that Mohammed’s detention was arbitrary under two categories: lack of any legal basis (Category I) and grave violations of fair trial rights (Category III).
The arrest followed a major armed attack on January 18, 2023, that destroyed the “No Man’s Land” encampment, displacing approximately 4,500 refugees.
Leaked documents and evidence surrounding the incident point toward a coordinated effort between forces, suggesting Mohammed’s detention was part of a larger, systemic action against Rohingya leadership in the border encampment.
The manner of his capture was deceptive. As the community spokesperson, Mohammed was instructed to attend a meeting on the Bangladesh side of the border under the pretence of discussing how to save homes in the burned encampment.
Once he arrived, he was apprehended by members of the Rohingya Solidarity Organisation (RSO) and quickly handed over to the counterterrorism unit of the Bangladesh police, known as the Rapid Action Battalion.
He was later charged with participation in a murder during a separate raid in November 2022, facing what his legal team calls sweeping and unsubstantiated allegations of being an armed extremist.
Following this capture, the WGAD found that Bangladeshi authorities subjected him to enforced disappearance, holding him in undisclosed locations for approximately four months.
During this period, he was denied access to his family and legal counsel and kept in prolonged solitary confinement.
The WGAD added that Mohammed was subjected to coercive and abusive interrogations where officers tried to force a confession and threatened the safety of his children and family.
The emotional toll on his family during this period was immense.
Mohammed’s daughter shared the distress of his disappearance, saying, “I am deeply grateful to learn that the United Nations has communicated with the Government of Bangladesh regarding the immediate release of my father. Since his arrest, I have lived in constant distress, not knowing his whereabouts or his condition. This development from the U.N. has brought me a sense of relief for the first time in a long while.”
Even after his transfer to Bandarban District Jail, the report notes that restrictions on his access to legal counsel have severely hampered his ability to prepare a defence, with lawyers often allowed only minutes to speak to him before court sessions.
“The U.N. Working Group on Arbitrary Detention has issued a strong and welcome decision about the abusive detention and treatment of Mr Dil Mohammed in Bangladesh since his arrest in January 2023,” stated his international counsel, Haydee Dijkstal, a Barrister at 33 Bedford Row Chambers.
“The Government of Bangladesh subjected him to enforced disappearance and violated his fundamental rights by, among other things, holding him in a location akin to a ‘blacksite’ and in prolonged solitary confinement, abusively threatening the physical safety of him and his family, and severely violating his fair trial and due process rights,” added Dijkstal
Setting a critical precedent
Human rights activist Rezaur Rahman Lenin emphasised the far-reaching impact of the ruling, noting that it represents the first time a case involving a prominent Rohingya spokesperson has reached this level of a U.N. human rights mechanism.
“The United Nations WGAD opinion concerning the detained Rohingya community leader, Dil Mohammed, holds significant weight as it places Bangladesh’s treatment of Rohingya refugees under an unprecedented level of international scrutiny,” said Lenin.
He argued that the opinion moves the discussion beyond a single case, suggesting that Mohammed’s detention “reflects systemic issues in how displaced persons, especially those in vulnerable border areas like ‘No Man’s Land,’ are handled within Bangladesh’s jurisdiction.”
Providing context on the political importance of Mohammed’s role, the National Unity Government (NUG) Deputy Minister of Human Rights Aung Kyaw Moe stated: “Grassroots leaders like Dil Mohammed play a crucial role in keeping the Rohingya community organised and prepared for durable solutions, especially a safe and dignified return to Myanmar. I hope the authorities review his case with this in mind.”
Lenin pointed out the severity of the illegal detention conditions, noting that even an accused person is generally only entitled to a short period of solitary confinement, yet Mohammed served it without any legal basis for detention, or a free and fair trial.
UN demands immediate action and accountability
The WGAD explicitly instructs the Government of Bangladesh to take four steps to remedy the situation: 1. Release Dil Mohammed immediately; 2. Provide an enforceable right to compensation and reparations; 3. Conduct a full and independent investigation and take action against those responsible for the violations; and 4. Disseminate the official opinion as widely as possible.
For Mohammed’s wife, the ruling provides a first sense of closure and hope after years of uncertainty: “I am profoundly grateful and overjoyed to learn that the United Nations has communicated with the Government of Bangladesh regarding the immediate release of my husband. After years of unimaginable hardship for my family, this development has brought us immense relief and renewed hope.”
While the WGAD opinion is not a legally binding court decision, it exerts considerable moral and reputational pressure. Dijkstal stated it is “past time that his continued arbitrary detention is remedied and he is returned to his family.”
With this ruling, the focus has shifted entirely to Dhaka, requiring the administration to formally respond to the U.N. findings and, in doing so, demonstrate a transparent commitment to upholding international human rights standards or face diplomatic fallout.
As a major human rights precedent in the Rohingya crisis, the detention of Dil Mohammed has now become a critical test of accountability for the Government of Bangladesh.
Shafiur Rahman is a journalist and documentary filmmaker focusing on the politics of refugee management in South and Southeast Asia. He writes the Rohingya Refugee News newsletter.
