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Friday, May 27, 2016

Administrative and judicial harassment: Obstacles to freedom of association

 

 

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and FIDH, requests your URGENT intervention in the following situation in Bangladesh.


New information:

The Observatory has been informed with great concern about further acts of administrative and judicial harassment against the human rights non-governmental organisation Odhikar and its Secretary, Mr. Adilur Rahman Khan, in a further attempt to sanction and silence their human rights activities.

According to the information received, on May 25, 2016, Mr. Adilur Rahman Khan, also a member of OMCT General Assembly, was summoned to Bangladesh’s Anti-Corruption Commission (ACC), where he was interrogated by ACC Deputy Director Jalal Uddin Ahammad regarding a complaint initiated by the ACC against Odhikar for alleged “money laundering”.

On May 22, 2016, Odhikar had received a notice from the ACC under sections 19 and 20 of the ACC Act 2004, requesting Mr. Adilur Rahman Khan to appear before Mr. Jalal Uddin Ahammad over allegations of “money laundering”. The notice, dated May 18, 2016, referred to 97’000 EUR that were transferred to Odhikar’s bank account by the European Union (EU) in July 2013, in the framework of a EU-sponsored project called “Education on the Convention against Torture and OPCAT Awareness Programme in Bangladesh”, run by Odhikar and approved by the NGO Affairs Bureau (NGOAB) of the Government of Bangladesh.

During the meeting with Mr. Jalal Uddin Ahammad, Mr. Adilur Rahman Khan categorically denied the allegations of money laundering against Odhikar, and submitted documents proving that the funds referred to by the ACC had been transferred and handled in accordance with the law.

In July 2013, 97,501.07 EUR were credited to Odhikar’s bank account as the instalment for the second year of its EU-sponsored project, with the permission of NGOAB. However, after Odhikar made some initial withdrawals to implement the project activities, the NGOAB revoked its approval for the project, and the remaining amount in Odhikar’s account was frozen, preventing Odhikar from fully implementing the project activities.

Mr. Jalal Uddin Ahammad requested Mr. Khan to also submit a bank statement of Odhikar’s account where the remainder of the EU money is frozen, as well as the audit report of the EU funded project. The ACC Deputy Director stated that the submission of these documents would result in a “quick resolution” of this matter, despite the fact that these documents had already been submitted by Odhikar to the NGOAB.

The Observatory recalls that although the ACC has been investigating this matter since 2013, neither Odhikar nor Mr. Adilur Rahman Khan have received any copy of the letter of allegation outlining the grounds for the investigation.

The Observatory strongly condemns these new and baseless acts of administrative and judicial harassment against Odhikar and Mr. Adilur Rahman Khan, which take place in an already repressive context for civil society in Bangladesh.

The Observatory calls on the European Union, and the international community in general, to intervene on Odhikar’s behalf in this matter. More generally, the international community must urge the authorities of Bangladesh to take concrete steps to end the harassment against human rights defenders in the country, including by repealing or amending repressive laws affecting their work such as the Foreign Donations (Voluntary Activities) Regulation Bill 2015.

Background information:

Odhikar has been under extreme pressure since August 2013, when the authorities arrested Mr. Adilur Rahman Khan on trumped up charges in relation to a fact-finding report issued by Odhikar on the killing of civilians by security forces in May 2013.

Since then, attacks and harassment against Odhikar have been ongoing, including judicial harassment against both Mr. Khan and Mr. Nasiruddin Elan, Odhikar Director, as well as the surveillance and repression of Odhikar, its staff, and their relatives.

Odhikar is also facing great difficulties to implement its activities, since all of its bank accounts have been frozen and it has been forbidden from receiving foreign funding.

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