Bangladesh: further judicial harassment against NGO staff
Event- Country
- Bangladesh
- Initial Date
- Jan 9, 2017
- Event Description
The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, requests your URGENT intervention in the following situation in Bangladesh. New information: The Observatory has been informed with great concern about further acts of judicial harassment against Messrs. Adilur Rahman Khan and ASM Nasiruddin Elan, respectively Secretary and Director of the human rights non-governmental organisation Odhikar, in a further attempt to sanction and silence their human rights activities. According to the information received, on January 9, 2017, the High Court Division of the Supreme Court of Bangladesh, presided over by Justice M. Enayetur Rahim, dismissed the appeal filed by Messrs. Adilur Rahman Khan, also a member of OMCT General Assembly and FIDH Vice-President, and ASM Nasiruddin Elan, aiming to contest the charges framed against them under Section 57 of the Information and Communication Technology Act (ICT Act) 2006, in relation to a fact-finding report issued by Odhikar on the killing of civilians by security forces in May 2013. The High Court further decided to lift a stay order which the Supreme Court had granted to the two defenders in January 2014, and directed the Cyber Crimes Tribunal to proceed with their prosecution (see background information). On January 10, 2017, the lawyers of the two defenders filed an appeal challenging the High Court's judgement and order dated January 9, 2017 before the Appellate Division of the Supreme Court of Bangladesh. In the afternoon, the Chamber Judge of the Appellate Division stayed the High Court's judgment and order for four weeks, in order to give time to both parties to prepare for the case. The Observatory condemns the ongoing judicial harassment of Messrs. Adilur Rahman Khan and Nasiruddin Elan, which seems only to be aimed at sanctioning their legitimate human rights activities, and urges the authorities to put an immediate end to it. Background information: Odhikar has been under extreme pressure since August 2013, when the authorities arrested Mr. Adilur Rahman Khan on trumped up charges in relation to a fact-finding report issued by Odhikar on the killing of civilians by security forces in May 2013. Following this publication, Messrs. Rahman Khan and Elan were arbitrarily detained in 2013 for respectively 62 and 25 days until they were both released on bail. On January 21, 2014, the High Court Division of the Supreme Court granted a stay of the trial in the Cyber Crimes Tribunal. The stay order was subsequently challenged by the Attorney General's Office in the Appellate Division of the Supreme Court. On March 21, 2016, the Appellate Division ordered that the hearing on the stay order was to commence as early as possible before the High Court Division. On January 3 and 4, 2017, a hearing took place in two parts before a High Court Bench comprised of Justice M. Enayetur Rahim and Justice Shahidul Karim. Since 2013, attacks and harassment against Odhikar have been ongoing, including judicial harassment against both Messrs. Adilur Rahman Khan and Nasiruddin Elan, as well as the surveillance and repression of Odhikar, its staff, and their relatives. Odhikar is also facing great difficulties to implement its activities, since its registration has not been renewed by the NGO Affairs Bureau (NGOAB) of the Government of Bangladesh and is still pending though all the required documents were submitted on time. All of its bank accounts have been frozen and it has been forbidden from receiving foreign funding. In addition, on August 2, 2015, the Media and Public Relations wing of the Police Headquarters in Dhaka issued a statement condemning newspaper reports on extrajudicial killings, which cited Odhikar and BAMAK, another NGO, and declared that the statements made by the two organisations "contravene the existing laws of Bangladesh, which is synonymous to challenging Rule of Law and the judicial system". The Police Press Release further stated that questioning the activities of the police threatens the reputation of the police and amounts to defamation and a criminal act, and may be considered as a subversive activity.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to fair trial
- HRD
- NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Active
- Event Location
Latitude: 23.81033200000001
Longitude: 90.41251810000001
- Event Location
- Summary for Publications
On 9 January 2017, the High Court Division of the Supreme Court of Bangladesh dismissed the appeal filed by Adilur Rahman Khan and Nasiruddin Elan, respectively Secretary and Director of the human rights non-governmental organisation Odhikar, aiming to contest the charges framed against them under Section 57 of the Information and Communication Technology Act (ICT Act) 2006, in relation to a fact-finding report issued by Odhikar on the killing of civilians by security forces in May 2013.