Arrest of Odhikar Director, a new step in persecution of prominent human rights organisation
Geneva-Paris, November 6, 2013. The World OrganisationAgainst Torture (OMCT) and the International Federation for Human Rights(FIDH), within the framework of the Observatory for the Protection ofHuman Rights Defenders, express their deep concern as Mr. ASM Nasiruddin Elan, the Director of the prominent human rights non-governmental organisation Odhikar, was sent to jail today after he appeared before the Dhaka CyberCrimes Tribunal.
Today,Mr. ASM Nasiruddin Elan, Director of Odhikar, and hislawyers appeared before the Dhaka Cyber Crimes Tribunal and appealed for bail in a case filed by the Government underSection 57 of the Information and Communication Technology (ICT) Act, 2006 (amended in 2009) and under Sections 505 and 505A of the PenalCode, in relation to a fact-finding report issued by Odhikar on the killing of61 people during an operation carried out on May 5-6, 2013 by security forcesagainst Hefazat-e Islam activists in Dhaka. At 12:20 in the afternoon JudgeShamsul Alam rejected the plea for bail and ordered that Mr. Elan be arrestedand taken to Dhaka Central Jail.
“The arrest order by the specially set up Cyber Crimes Tribunal on the basis of vaguelydefined crimes under the ICT Act is appalling and we are very concerned for thesafety and physical integrity of Mr. Elan in detention”, said today Gerald Staberock, Secretary General of OMCT. “Publishing human rights reports even if theirconclusions may be contested or unpleasant for the authorities is not a crime”, he added.
“We call upon the authorities of Bangladesh to release Mr.Elan immediately and unconditionally”, said Karim Lahidji, President of FIDH. “It is time to return to the ruleof law, ensuring that the ICT Act is revised and applied in a manner compliantwith international human rights law”, he added.
On September 4, 2013 Mr. ASMNasiruddin Elan and Mr. Adilur Rahman Khan, Secretary of Odhikar and a member of OMCT GeneralAssembly, were accused of allegedly“distorting images by using photo shop and publishing a fabricatedreport, which enraged public sentiment”, in relation to Odhikar above-mentioned report. If foundguilty, they might face up to 14 years in jail or Tk 10,000,000 (about93,660 €) fine under the ICT Act and seven years’ jail term under the PenalCode.
The Observatory considers the prosecution against Messrs. Nasiruddin Elan and Adilur Rahman Khan asarbitrary since it only aims atsanctioning and preventing their activities as human rights defenders, thereforecontradicting international human rights standards andBangladesh’s obligations. Accordingly, the Observatory calls upon theauthorities of Bangladesh to put an end to any harassment against Odhikar andits members.
The Observatory recalls that Mr.Khan was arbitrarily detained from August 10, 2013 to October 11, 2013, when hewas finally released on bail, after spending more than two months in Kashimpurprison. On September11, 2013, the Cyber CrimesTribunal issued an arrest warrant against Mr. Nasiruddin Elan, who was granted an order of “no arrest or harassment” for four weeks from the High CourtDivision of the Supreme Court on October 10, 2013.
In addition, on October 21, 2013, Mr.Adilur Rahman Khan appearedbefore the Cyber Crime Tribunal, where theTribunal Judge fixed the next date of hearing on November 10, 2013 and askedOdhikar’s lawyers at the time to ensure the presence of Mr. Nasiruddin Elanat that hearing.
Moregenerally, the Observatory calls upon the authorities in Bangladesh to ensure fullrespect for the rights set forth in the United Nations Declaration on HumanRights Defenders.
