Bangladeshi authorities must end
reprisals against Odhikar and its leadership and respect the fundamental
rights to freedom of association and expression. Those working to
document and expose human rights violations should be able to conduct
their important work without fear of harassment, intimidation, and
reprisals.
The case of human rights organization
Odhikar is reflective of the ongoing harassment and targeting of human
rights defenders and organizations in Bangladesh. Since 2014, Odhikar’s
application for renewal of registration with the Non-Governmental
Organization Affairs Bureau (NGOAB) remained pending until it was deregistered
in June 2022. In the letter denying its renewal, the NGOAB accused
Odhikar of publishing “misleading information,” “seriously [tarnishing]
the image of the state to the world,” and “[creating] various issues
against Bangladesh.”
Furthermore, Odhikar’s Secretary
Adilur Rahman Khan and Director ASM Nasiruddin Elan were arbitrarily
detained in 2013 for 62 days and 25 days, respectively, after publishing
a fact-finding report on extrajudicial killings in Bangladesh. They
continue to face judicial harassment
in this case at the Cyber Tribunal of Dhaka, based on trumped-up charges
for allegedly publishing “fake, distorted and defamatory” information.
After years of stalling, the government accelerated hearings in their
case especially following the designation of US sanctions against the Rapid Action Battalion (RAB) and its officials
in December 2021. They have appeared at the Cyber Tribunal for all
scheduled hearings, of which over a dozen since December 2021 did not
proceed as planned – either because the judge did not appear or was not
prepared, or because the prosecution witnesses failed to appear. Their
trial has been marred with violations of due process, including the
defense not being provided with prior information on the prosecution
witnesses.
On April 5, 2023, at a hearing
during which the prosecution witnesses failed to appear, Cyber Tribunal
Judge A.M. Julfiker Hayet closed the examination of witnesses to proceed
to the next step of examining the accused, in accordance with Section
342 of the Code of Criminal Procedure of 1898. After three hearings
where the judge was not prepared for the examination of the accused, the
prosecutor submitted an application requesting further investigation to
which the defense objected. On May 15, 2023, the judge overruled the
defense’s objections and granted the prosecution’s application for
further investigation without specifying what component of the case will
be subject to further investigation. The judge also ordered three
international observers from the foreign missions of Switzerland, the
UN, and the US to leave the court.
Other human rights organizations and
experts have similarly condemned the targeting of Odhikar and its
leadership. For instance, last December, UN human rights experts wrote a letter
to the government of Bangladesh, expressing concern over the harassment
and intimidation of Odhikar and Khan. In its response, the government
accused Khan of “[playing] victimhood by fabricating a story involving
law enforcement [agencies], intelligence [agencies,] etc.”
Such responses by the government
disparaging Odhikar and its leaders instead of addressing the human
rights violations that they have exposed have become routine. On March
21, 2023, Bangladesh State Minister for Foreign Affairs Shahriar Alam criticized and questioned the credibility of the US Department of State’s 2022 Country Report on Human Rights Practices: Bangladesh,
which referred to reprisals against Odhikar. Alam claimed that reports
relying on Odhikar’s work lacked credibility as the organization is not
registered to operate in Bangladesh.
We remind the government of
Bangladesh that an organization does not have to be registered or
licensed to exercise its rights to freedom of expression and of
association in accordance with the country’s international and national
human rights obligations. Odhikar is a reputable organization that has
been defending human rights and democracy in Bangladesh for 28 years.
Through its longstanding collaboration with the UN and various
international and regional human rights organizations, Odhikar continues
to provide reliable information on human rights violations across the
country. Regardless of its registration status, Odhikar retains the
right to freely associate and continue its human rights work.
Besmirching Odhikar and its leaders
is but one example in the troubling context of authorities refusing to
acknowledge their human rights violations and silencing those who speak
out. The Bangladeshi government must ensure an enabling environment for
organizations, address documented human rights violations, and hold
perpetrators accountable.
We condemn the criminalization of
Khan and Elan and urge the government to immediately and unconditionally
drop all charges against them. We reiterate that ensuring and enabling
civic space is necessary for a functioning democracy, especially in the
lead up to the January 2024 general election.
|