Release and subsequent deportation of Mr. Adilur Rahman Khan

MYS 001 / 0717 / OBS 083.1

Obstacles to freedoms of movement and

assembly / Release / Harassment

Malaysia

July 20, 2017

The Observatory for the Protection ofHuman Rights Defenders, a partnership of the World Organisation Against Torture(OMCT) and FIDH, has received new information and requests your URGENTintervention in the following situation in Malaysia.

Newinformation:

The Observatory has been informed aboutthe release and subsequent deportation of Mr. AdilurRahman Khan, Secretary of the human rights non-governmentalorganisation Odhikar inBangladesh[1],also a member of OMCT General Assembly and FIDH Vice-President.

According to the information received, on July 20, 2017, at around8 pm, Mr. Adilur Rahman Khan was deported back to Bangladesh afterbeing detained for more than 14 hours by Malaysian Immigration at Kuala LumpurInternational Airport.

The Observatory recallsthat on July 20, 2017, at about 4.00 am, Mr. Adilur Rahman Khan was deniedentry into Malaysia and detained by immigration officers upon his arrival inKuala Lumpur, where he had come to attend the National Conference on DeathPenalty organised by the Anti-Death Penalty Asia Network (ADPAN) from July 21to 22, 2017.

At no time during hisdetention, he was given access to a lawyer nor a clear reason for hisdetention. It is only around the end of this detention that he could meet withrepresentatives of the National Human Rights Commission of Malaysia (SUHAKAM).

The Observatory stronglycondemns Mr. Adilur Rahman Khan’s arbitrary arrest and subsequent deportation,and calls upon the Malaysian authorities to guarantee in all circumstances thefreedoms of movement, peaceful assembly and association ofall human rights defenders in Malaysia.

Moreover, theObservatory recalls that Mr. Adilur Rahman Khan has been thesubject of relentless acts of harassment over the past years[2], raising fears that he may faceadditional harassment upon his arrival in Dhaka. Accordingly the Observatory urges the Government of Bangladesh to make sure that he willnot be subjected to further acts of harassment upon his return to Bangladesh.

Actions requested:

Pleasewrite to the authorities in Malaysia, urging them to:

i.Guaranteein all circumstances the freedoms of movement, peaceful assembly andassociation of Mr. Adilur Rahman Khan, as well as of allhuman rights defenders in Malaysia;

ii.Put an end to any kind of harassment against Mr. Adilur Rahman Khan as well asall human rights defenders in Malaysia, and ensure that they are able to carry out theirlegitimate activities without any hindrance and fear of reprisals;

iii.Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially its Articles 1 and12.2;

iv.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Malaysia.

Pleasewrite to the authorities in Bangladesh, urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr.Adilur Rahman Khan, as well as of all human rights defenders in Bangladesh;

ii. Refrain from anykind of harassment against Mr. Adilur Rahman Khan, as well as all humanrights defenders in Bangladesh, and ensure in all circumstances that they areable to carry out their legitimate activities without any hindrance and fear ofreprisals;

iii. Conform with theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially itsArticles 1 and 12.2;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Bangladesh.

Addresses:

Authoritesfrom Malaysia:

 Dato’ Sri Mohd Najib bin Tun Abdul Razak, PrimeMinister of Malaysia, Fax: +60 3 8888 3444, Email: ppm@pmo.gov.my

 Mr. Ahmad Zahid Hamidi, Minister ofHome Affairs of Malaysia, Fax: +60 3 8889 1613 / +60 3 8889 1610, Email: ahmadzahid@moha.gov.my

 Attorney General of Malaysia, Tan SriMohamed Apandi Ali, Fax: +603 8890 5670 Email: pro@agc.gov.my

 Tan Sri Razali Bin Ismail, Chairman of theHuman Rights Commission of Malaysia (SUHAKAM), Fax: +60 3 2612 5620,Email: humanrights@suhakam.org.my; hasmyagam@suhakam.org.my

 H.E. Mr. Amran Mohamed Zin, Ambassador,Permanent Representative of Malaysia to the United Nations in Geneva, Switzerland.Fax: +41 22 710 75 01, Email: malgeneva@kln.gov.my

Embassy of Malaysia in Brussels, Belgium,Fax: +32 2 762 50 49, Email: malbrussels@kln.gov.my

Authoritesfrom Bangladesh:

· Ms. Sheikh Hasina, Prime Minister ofBangladesh. Fax: +880 2 8113243, Email: pm@pmo.gov.bd

· Professor Dr. Gowher Rizvi, Adviserto the Prime Minister (International Affairs), Bangladesh. Fax: +880 2 9111312Email: advinternational@pmo.gov.bd

· Mr. Asaduzzaman Khan, State Ministerfor Home Affairs of Bangladesh. Fax: +880 2 9515541. Email: stateminister@mha.gov.bd

· Md. Shahriar Alam, State Ministerfor Foreign Affairs of Bangladesh. Fax: +880 2 9562188. Email: fm@mofa.gov.bd

· H.E. Mr. Abdul Hannan, Ambassador,Permanent Mission of the People’s Republic of Bangladesh to the United Nationsin Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int

· Embassy of the People’s Republic ofBangladesh in Brussels, Belgium, Fax: +32 2 646 59 98; Email: bdootbrussels@skynet.be

Please also write to the diplomaticmissions or embassies of Malaysia and Bangladesh in your respective country aswell as to the EU diplomatic missions or embassies in Malaysia and Bangladesh.

***

Geneva-Paris, July 20, 2017

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for the Protectionof Human Rights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

To contact the Observatory, call the emergencyline:

· E-mail: Appeals@fidh-omct.org

· Teland fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

· Teland fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

[1] Odhikaris a prominent human rights NGO that since its inception in 1994 has beenshowing its commitments towards the universality of human rights. Activities ofOdhikar include reporting, advocacy and fact-finding activities on violationsconsidered “sensitive” - such as disappearances, torture, political violence,etc.

[2] See ObservatoryUrgent Appeal BGD 001 /0813 / OBS 074.8, issued on January 13, 2017.