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The
Observatory has been informed about the ongoing 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 punish
and silence their human rights activities.
On
August 24, 2023, the Cyber Tribunal of Dhaka announced that the
verdict in the case of Adilur Rahman Khan, who’s also member of the
OMCT General Assembly and FIDH Secretary General, and ASM Nasiruddin
Elan, would be issued
on September 7, 2023.
If found guilty, they could face up to 14 years in prison.
During
the August 24 hearing, the defence brought to the attention of the
court that the second Investigation Officer had submitted a
supplementary investigation report under Sections 57 (1) and 57 (2)
of the ICT Act, 2006, as amended in 2013. The first investigation
report had been submitted against the two defenders on September 3,
2013, under a previous version of the ICT Act, amended in 2009.
The
Observatory recalls that in 2013, following
the publication of Odhikar’s fact-finding report, Adilur Rahman
Khan and ASM Nasiruddin Elan were
arbitrarily detained
for
62
and 25 days, respectively, before being released on bail on October
11 and December 1, 2013. The police brought new charges under Section
57 of the ICT Act, 2006 (as amended in 2009), which prescribed a
maximum penalty of 10 years in prison. In 2013, another amendment to
Section 57 raised the maximum penalty to 14 years’ imprisonment.
On
February 14, 2021, the Appellate Division of the Supreme Court of
Bangladesh rejected Odhikar’s appeal to quash the cybercrime case
on its legal merits. On September 12, 2021, the Cyber Tribunal of
Dhaka began the trial in the case against the two defenders and on
October 5, 2021, commenced the examination of prosecution witnesses.
The court concluded the examination of witnesses on 5 April 2023, but
then allowed the prosecution to submit an application
for additional investigation without specifying what component of the
case would be subject to further investigation. The judge overruled
the objections of the defendants’ lawyers against the investigation
after the conclusion of the examination of the witnesses and falsely
stated that the decision was made with the consent of both parties.
The
Criminal Investigation Department (CID) was assigned to conduct
“further investigation” after the announcement of the conclusion
of the examination of the witnesses without valid reason.
The
additional investigation report of the CID was submitted to the
Metropolitan Magistrate Court on June 22, and Adilur Rahman Khan and
ASM Nasiruddin Elan appeared in court on July 9, and then on July 17,
in a hearing to examine the new witnesses identified in the CID’s
additional investigation report – of which they only received a
copy on July 16. New prosecution witnesses were therefore presented
in court on July 17 and 20, without providing enough time for the
defence to prepare for cross-examination. This violates the
Article 14 of the International Covenant on Civil and Political
Rights (ICCPR), which Bangladesh has ratified, along with
internationally recognised fair trial standards, and in particular,
the right to adequate time and facilities to prepare one’s defence.
The
Observatory reiterates
its deepest concern about the Bangladeshi authorities’ systematic
crackdown on human rights defenders who speak out against rampant
human rights violations in the country, as well as the numerous
violations of international law during this trial.
The
Observatory urges the authorities to immediately and unconditionally
drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan
and to put an end to all acts of harassment, including at the
judicial level, against them.
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