Since January 5, 2014 Mr. Adilur Rahman Khan, Secretary of the NGO Odhikar, as well as his family members, experienced increasingly surveillance and harassment by state authorities in Bangladesh. This follows the UN Working Group on Arbitrary Detention opinion (A/HRC/ WGAD/2013/12) in December 2013 that the detention of Mr. Khan were “directly from his peaceful exercise of the right to freedom of expression” and therefore in contradiction to the UDHR and ICCPR provisions protecting liberty and freedom of expression. Charges against Mr. Khan and Odhikar Director AMS Nasiruddin Elan are based on allegations contained in an Odhikar report that 61 people were killed during a protest in May 2014. Both men were charged under Section 57 of the Information and Communication Technology (ICT) Act 2006 (amended in 2009), charges against Messrs. Khan and Elan were approved 8 January and the trial was set to commence on 22 January 2014. Bangladesh, as a signatory to both the ICCPR and UNHR, has a duty not to hamper legitimate peaceful human rights activity.
February 19, 2014
| Ms. Sheikh Hasina, Prime Minister, Office of the Prime Minister, Gona Bhaban, Old Sangsad Bhaban, Tejgaon, Dhaka, Bangladesh Fax: +880 2 8113243, Email: info@pmo.gov.bd |
Mr. Muhiuddin Khan Alamgir,Minister for Home Affairs, Bangladesh Secretariat Building 4, Dhaka, Bangladesh Email: mkalamgir@yahoo.com; minister@mha.gov.bd |
| Barrister Shafique Ahmed, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh, Email: info@minlaw.gov.bd |
Mr. Hasan Mahmud Khandaker, Inspector General of Police, Police Headquarters, Phoenix Road, Dhaka-1000, Bangladesh, Email : ig@police.gov.bd |
Dear Prime Minister; Ministers of Home Affairs; Law, Justice and Parliamentary Affairs; Inspector General of Police;
Re: Bangladesh ignores request from the UN Working Group on Arbitrary Detention to discontinue prosecution of Adilur Rahman Khan and steps up surveillance
Lawyers Rights Watch Canada (“LRWC”) is a committee of lawyers providing support internationally to lawyers and other human rights advocates whose rights, safety, or independence are threatened as a result of their human rights advocacy.
LWRC is writing to request the immediate withdrawal of charges against Adilur Rahman Khan, Secretary of Odhikar in compliance with the request from the United Nations Working Group on Arbitrary Detention (WGAD). LRWC further requests Bangladesh withdraw charges against Odhikar Director ASM Nasiruddin Elan and take steps to prevent further surveillance and other harassment of Mr. Khan and all others working with Odhikar.
Mr. Khan was arrested on 10 August 2013 ostensibly on charges related to publication by Odhikar of a report calling for an inquiry into the deaths of 61 people killed during a during an operation carried out by security forces against Hefazat-e Islam activists on May 5-6, 2013 in Dhaka. Mr. Khan and Odhikar Director ASM Nasiruddin Elan, were subsequently charged under Section 57 of the Information and Communication Technology (ICT) Act 2006 (“publishing false images and information” and “disrupting the law and order situation of the country.” We note that the ICT was amended by Cabinet on 19 August to make certain offences cognizable and non-bailable and to increase the maximum sentence from ten to fourteen years. Odhikar and other NGOs expressed concern with the proposed amendments and their potential use against NGOs. For example, Gerald Staberock, Secretary General of OMCT said, “The new law seems to specifically target human rights defender Adil Rahman Khan and other members of Odhikar”.
The United Nations Working Group on Arbitrary Detention (WGAD) reviewed the case and determined that the detention and prosecution of Mr. Khan was “directed from his peaceful exercise of the right to freedom of expression” and was therefore contrary to the UDHR and the ICCPR provisions. The WGAD requested that Bangladesh immediately release Mr. Khan and “discontinue the criminal proceedings against him.” The WGAD Opinion (A/HRC/WGAD/2013/) was adopted during the 68th session of the WGAD 13-22 November 2013 and was released to the public in December 2013.
While Mr. Khan was released on ad-interim bail on 8 October 2013, the prosecution has not been discontinued as requested by the WGAD. The charges were approved by the Court on 8 January 2014. We do not know if the court was provided with a copy of the WGAD Opinion or advised of the WGAD request for discontinuance of the prosecution. In addition Bangladesh authorities are interfering with protected freedoms of expression, to engage in human rights advocacy and rights to personal and professional safety by failing to prevent and punish unwarranted surveillance and harassment by state agents and others.
Particulars of unwarranted harassment include:
- The Special Branch of Police has Mr. Khan and members of his family under surveillance;
- Unidentified men have questioned Mr. Khan and other people working in the building where Odhikar’s office is located; and
- The Detective Branch of the Police is monitoring the Odhikar office and staff members;
- Two men on motorcycles followed Mr. Khan and members of his family on February 5, 2014, and sped away when asked to produce identification.
We note that surveillance of human rights defenders by intelligence agencies appears to have increased since the Awami League resumed power in a contested parliamentary election on January 5, 2014.
As a member of the United Nations, Bangladesh is expected to comply with and respect the UDHR[1] and the various principles, guidelines, standards and recommendations adopted by the UN General Assembly and other prominent international organizations relating to pre-trial detention, as well as relevant rules of customary international law relating to arbitrary arrest and detention. Specifically:
Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
Bangladesh’s commitment under the UDHR prohibits further acts of surveillance and harassment against the staff of the human rights non-governmental organisation Odhikar, and in particular against Mr. Adilur Rahman Khan, Odhikar Secretary and a member of OMCT General Assembly, and his relatives.
LRWC is greatly concerned by the acts of harassment against Odhikar and in particular against Mr. Adilur Rahman Khan and his relatives, as those acts seem to aim at sanctioning and silencing the human rights activities of this organisation. The authorities of Bangladesh must guarantee in all circumstances the physical and psychological integrity of Mr. Adilur Rahman Khan, his relatives and all Odhikar members, and to put an immediate end to any act of harassment against the organisation and respect their obligations under international law.
LRWC calls upon the authorities of Bangladesh to:
- Withdraw charges against Adilur Rahman Khan, as requested by WGAD, and against ASM Nasiruddin Elan and to discontinue these prosecutions.
- Prevent state officials from conducting surveillance of Adilur Rahman Khan, ASM., Nasiruddin Elan, all members of Odhikar and their relatives.
- Prevent non-state actors from engaging in activities capable of interfering with the work of Adilur Rahman Khan, ASM., Nasiruddin Elan and other engaged in Odhikar work.
- Conform with the provisions of the UDHR, ICCPR and the UN Declaration on Human Rights Defenders.
- Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Bangladesh.
Sincerely,
Gail Davidson, Executive Director, LRWC
Samina Ullah, LRWC Member
CC:
Ms. Sheikh Hasina, Prime Minister, Office of the Prime Minister,
Gona Bhaban, Old Sangsad Bhaban, Tejgaon, Dhaka, Bangladesh.
Fax: +880 2 8113243, Email: pm@pmo.gov.bd
Professor Dr. Gowher Rizvi, Adviser to the Prime Minister (International Affairs),
Old Sangsad Bhaban, Tejgaon, Dhaka 1215, Bangladesh.
Fax: +880 2 9111312
Email: advinternational@pmo.gov.bd
Mr. Asaduzzaman Khan, State Minister for Home Affairs, Ministry of Home Affairs, Bangladesh Secretariat Building 8, 1st and 3rd florr, Dhaka, Bangladesh.
Fax: +880 2 9515541. Email: stateminister@mha.gov.bd
Mr. Anisul Huq, Minister for Law, Justice and Parliamentary Affairs, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka, Bangladesh.
Fax: +880 2 7168557. Email: minoflaw@law.com
Md. Shahriar Alam, State Minister for Foreign Affairs,
Segun Bagicha, Dhaka 1000, Bangladesh.
Fax: +880 2 9562188. Email: fm@mofa.gov.bd
Mr. Mahbubey Alam, Attorney General for Bangladesh, Attorney General’s Office,
Supreme Court Premises, Dhaka, Bangladesh,
Email: adv_mahbubey@yahoo.com
H.E. Mr. Abdul Hannan, Ambassador,
Permanent Mission of the People’s Republic of Bangladesh to the United Nations in Geneva,
65 rue de Lausanne, 1202 Geneva, Switzerland,
Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int
Embassy of the People’s Republic of Bangladesh in Brussels,
29-31 rue J. Jordaens, 1000 Brussels, Belgium,
Fax: +32 2 646 59 98; Email: bdootbrussels@skynet.be
Mrs. Margaret Sekaggya
Special Rapporteur on the situation of human rights defenders
C/o Office of the High Commissioner for Human Rights
Palais Wilson United Nations Office at Geneva , CH 1211 Geneva 10 Switzerland
Fax: +41(0) 22.917.90.06, email: defenders@ohchr.org
Mr. El Hadji Malick Sow, Chair-Rapporteur
Working Group on Arbitrary Detention , c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva, 8-14, avenue de la Paix, 1211 Geneva 10, Switzerland
Fax: +41 22 9179006, e-mail: wgad@ohchr.org
H.E. Mr. Abdul Hannan, Ambassador
Permanent Mission of the People’s Republic of Bangladesh to the United Nations in Geneva,
65 rue de Lausanne, 1202, Geneva, Switzerland
Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int
His Excellency Kamrul Ahsan
High Commissioner for the People’s Republic of Bangladesh to Canada
Constitution Square Centre, 340 Albert street, Suite – 1250, Ottawa, Ontario, K1R 7Y6
Fax: +1-613 567 3213; E-mail: bangla@rogers.com
Ms. Heather Cruden
High Commissioner of Canada to Bangladesh
United Nations Road, Baridhara, GPO Box 569, Dhaka 1212, Bangladesh
Fax: +880 2 882 3043, email: dhaka@international.gc.ca
The Honourable John Baird, PC, MP, Minister of Foreign Affairs
House of Commons, Ottawa, Ontario K1A 0A6
Fax: 613-996-9880 email: john.baird@parl.gc.ca
[1] Universal Declaration of Human Rights (UDHR), adopted 10 Dec. 1984, online
