Release on bail of Mr. Mohammad Abdul Kaium, a member of Odhikar Human Rights Defenders Network

Release on bail /

Judicial harassment

Bangladesh

July 3, 2019

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 Bangladesh.

New information:

The Observatory has been informedby reliable sources about the release on bail of Mr. Mohammad Abdul Kaium, a memberof the Human Rights Defenders Network of the humanrights non-governmental organisation (NGO) Odhikar[1], amember of OMCT SOS-Torture Network and of FIDH. Mr. Kaium is also a journalist at bdpress24.com and a web developer in Mymensingh District, Bangladesh.

According to the informationreceived, on July 2, 2019, the MymensinghCourt granted bail to Mr. Kaium and on July 3 around 1 pm Mr. Kaium waseffectively released from Mymensingh Central Jail.

The Observatory welcomes the release on bail of Mr. Mohammad AbdulKaium but recalls that he should never havebeen imprisoned, as his detention was arbitrary and merely aiming at preventinghim from carrying out legitimate human rights activities. The Observatory urgesthe authorities of Bangladesh to put an end to all acts of harassment,including at the judicial level, against him and all human rights defenders inthe country.

Background information:

On May 11, 2019, at around 5.30 pm, Mr. MohammadAbdul Kaium was arrested bythe Detective Branch of Police of Mymensingh after he had gone to see one ofhis clients, Mr. Mohammad Idris Khan, aka Idris Ali[2], to receive the balancedue by the latter for a news portal Mr. Kaium developed for him. Mr. Idris Khanoffered to pay Mr. Kaium in US Dollars, but the latter refused, saying that hewould only accept his payment in Bangladeshi Taka. Mr. Kaium was arrested as hewas leaving Mr. Khan’s office. The police officers accused Mr. Kaium ofcarrying US Dollars and being involved in “illegal business of foreigncurrency”. Despite that they could not find any US Dollars on Mr. Kaium, theystill arrested him and took him to the DetectiveBranch Police station of Mymensingh.

At 10.30 pm, the Detective Branch Officer-in-charge Shah Kamal, andSub-Inspectors Akram, Monju, Jewel, and Porimol asked Mr. Kaium to confessabout taking USD from Idris Khan, which Mr. Kaium refused to do. The latterthen asked to be produced before a court. The police officers became angry andthen Officer-in-charge Shah Kamal and Sub-Inspector Akram slapped and kickedhim. Later, Sub-Inspector Porimol asked Mr. Kaium to remove his belt and thenthe police officer started beating him with his belt, while Sub-Inspector Monjuhit him with a wooden chair and Sub-Inspector Jewel punched in his head. As Mr.Kaium still refused to confess anything, the officers went away.

On May 12, 2019, the police informed Mr. Kaiumthat he was arrested under Sections 23 (“digital or electronic fraud”), 25 (“publishing, sending ofoffensive, false or fear inducing data-information”)and 29 (“to publish, broadcast, […]defamatory information”) of the DigitalSecurity Act of 2018 and Sections 385 (“putting person in fear of injury inorder to commit extortion) and 386 (“extortion by putting a person in fear ofdeath or grievous hurt”) of the Bangladeshi Penal Code.

On May 14, 2019,the Mymensingh Court rejected Mr.Kaium’s bail application. On May 16, 2019, Mr.Kaium’s lawyer filed a bail application to the Sessions Judge Court inMymensingh, which again rejected the bail application on May 23, 2019.

Actions requested:

Please write to the authorities in Bangladesh, urgingthem to:

i. Guarantee, in all circumstances, thephysical integrity and psychological well-being of Mr. Mohammad AbdulKaium as well as of all human rightsdefenders in Bangladesh;

ii. Carry out animmediate, thorough, impartial, and transparent investigation into theabove-mentioned allegations of torture against Mr. Mohammad Abdul Kaium in order to identify allthose responsible, bring them before an independent tribunal, and sanction themas provided by the law;

iii. Put an end to all acts of harassment,including at the judicial level, against Mr. Mohammad Abdul Kaium, as well as of all human rights defenders inBangladesh and ensure that they are able to carry outtheir activities without hindrance;

iv. Conform in all circumstances to theprovisions of the Declaration on Human Rights Defenders, adopted on December 9,1998 by the United Nations General Assembly, in particular its Articles 1 and12.2.;

v. Ensure in all circumstances respect forhuman rights and fundamental freedoms in accordance with international humanrights instruments ratified by Bangladesh.

Addresses:

· Ms. Sheikh Hasina, Prime Minister of Bangladesh. Fax: +880 28113243, Email: pm@pmo.gov.bd

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

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

· Mr. Anisul Huq, Minister for Law, Justice and Parliamentary Affairs ofBangladesh. Fax: +880 2 7168557. Email: minoflaw@law.com

· Md. Shahriar Alam, State Minister for Foreign Affairs ofBangladesh. Fax: +880 2 9562188. Email: fm@mofa.gov.bd

· Justice Syed Mahmud Hossain, Chief Justice, Supreme Court of Bangladesh,Fax: +880 2 956 5058 /+880 2 7161344, E-mail: chief@bdcom.com or supremec@bdcom.com

· Mr. Mahbubey Alam, Attorney General for Bangladesh, Email: adv_mahbubey@yahoo.com

· H.E. Mr. Abdul Hannan, Ambassador, Permanent Mission ofthe People’s Republic of Bangladesh to the United Nations in 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,Belgium, Fax: +32 2 646 59 98; Email: bdootbrussels@skynet.be

Please also write to the diplomatic missions or embassies of Bangladesh in yourrespective country as well as to the EU diplomatic missions or embassies inBangladesh.

***

Geneva-Paris, July 3, 2019

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

The Observatory for the Protection of HumanRights 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 European Union Human Rights DefendersMechanism implemented by international civil society.

[1] As a member of Odhikar’s Human Rights DefendersNetwork, Mr. Abdul Kaium has taken active part in the organisation’sinformation gathering, documentation, reporting and campaign against humanrights violations. He has also carried out several fact-finding missions in theareas of rights violations, particularly on enforced disappearances,extrajudicial killings, and torture.

[2]Mr. Idris Khan is the Principal of a Madrassah inMymensing and a close relative of the ruling Awami League MP Hafiz Ruhul AminMadani.