The case of human rights organization Odhikar and its Secretary Advocate, Mr. Adilur Rahman Khan, was included in the 2011 report of the Secretary-General (A/HRC/18/19 paras. 25–26). Odhikar regularly cooperates with the UN and submitted information for Bangladesh’s 2009 review by the UPR. Starting in 2010, the activities of Odhikar were reportedly increasingly monitored by the authorities and its staff were threatened and harassed by government officials. In 2014, Odhikar’s bank accounts were frozen by the NGO Affairs Bureau, and since then they have not been able to make bank transactions or receive any funds, severely limiting the organization’s capacity to operate. Odhikar has been the subject of 13 communications by special procedure mandate holders, a number of which have not been responded by the Government. In December 2018, mandate holders raised concerns at a reported smear campaign against Odhikar as well as harassment and acts of violence against its staff (BGD 10/2018). Odhikar has been accused of anti-state and anti-government activities and of tarnishing the country’s image by providing misinformation to the international community. Mr. Rahman Khan was also reportedly monitored and surveilled during and after his trip to Geneva in September 2018 to attend the Human Rights Council and related events. 12. On 5 July 2019, the Government responded, indicating that all NGOs that receive funding form outside the country are required to fulfill criteria established in national law, mainly the Foreign Donations (Voluntary Activities) Regulation Bill of 2016. If NGOs fail to comply with provisions in the law, they could be suspended. This applies to all NGOs in Bangladesh, including Odhikar.

The case of human rights organization Odhikar and its Secretary Advocate, Mr. Adilur Rahman Khan, was included in the 2011 (A/HRC/18/19 paras. 25–26) and 2019 (A/HRC/42/30, para. 40 and Annex II, paras. 11–12) reports of the Secretary-General on alleged accusations of anti-State and anti-Government activities following their engagement in the first cycle of the UPR of Bangladesh in 2009. Odhikar’s bank account was frozen under the Foreign Donations (Voluntary Activities) Regulations Bill of 2016. 9. It was reported to OHCHR that, as of May 2020, Odhikar’s bank accounts remain frozen, preventing the organization from making banking transactions or receiving any funds, therefore severely limiting its capacity to operate. Similarly, Odhikar’s application to the NGO Affairs Bureau for the renewal of its registration remains pending since 2014. On 13 May 2019, Odhikar filed a Writ Petition (no. 5402/2019) to the High Court Division of the Supreme Court, which called upon the NGO Affairs Bureau to explain the non-renewal of Odikhar’s registration from 2015 onwards, to which there has been no response.

10. The case of human rights organization Odhikar and its Secretary Advocate, Mr. Adilur Rahman Khan, was included in the 2020, 2019 and 2011 reports of the SecretaryGeneral 96 on alleged accusations of anti-State and anti-Government activities following their engagement in the first cycle of the UPR of Bangladesh in 2009. Odhikar’s bank account was frozen under the Foreign Donations (Voluntary Activities) Regulations Bill of 2016. Mr. Khan and Odikhar’s Executive Director, Mr. Nasiruddin Elan, were detained in August and November 2013, respectively, and charged under the Code of Criminal Procedure and the 2006 Information and Communications Technology Act (amended in 2009 and 2013). They were released on bail in October and December 2013, respectively. Their detention and charges as well as ongoing threats, harassment, surveillance and the killing of one of Odikhar’s staff have been addressed by special procedures mandates holders since 2013.97 The Government has responded on the situation of Odhikar and its staff, including noting that the Foreign Donations Regulations Bill applies to all NGOs.98 Odhikar has continued to engage with the UN, including by submitting joint reports to the 2013 and 2018 UPRs of Bangladesh99 and to the Committee against Torture in 2019.100
11. It was reported to OHCHR that, as of May 2021, Odhikar’s bank accounts remain frozen, preventing the organization from making banking transactions or receiving any funds, therefore continuing to limit its capacity to operate. Similarly, Odhikar’s application to the NGO Affairs Bureau for the renewal of its registration remains pending since 2014. Odhikar and its staff reportedly continue to be under surveillance. Mr. Khan and Mr. Elan reportedly filed a Criminal Appeal before the High Court Division against the charges brought against them, which was dismissed. They subsequently filed an appeal with the Appellate Division of the Supreme Court, which on 14 February 2021 rejected the petition and sent the case to the Cyber Crimes Tribunal. As of May 2021, the case remains under appeal.

19. On 21 February 2022, mandate holders addressed allegations of intimidation and harassment against Odikhar for their sustained cooperation with the United Nations, in a context of a wave of raids and intimidation against relatives of disappeared persons and civil society organizations due to their work and co-operation with international bodies and United Nations mechanisms (BGD 2/2022). On 5 February 2022, the Minister of Foreign Affairs told the press that “certain UN bodies transmitted to the Government an inaccurate list of disappeared people in Bangladesh” (… ) “prepared with the assistance of a Bangladeshi civil society organization.” Two days later, Odikhar allegedly received a letter from the NGOs Affairs Bureau Office inquiring about the cases of individuals forcibly disappeared and extra judicially killed it documented between 2009 and 2011 (BGD 2/2022).
20. On 12 May 2022, the Government responded to mandate holders and addressed the allegations of reprisals against ODIKHAR. Should there be any incident of intimidation or reprisals, the Government noted that judicial intervention should be sought immediately rather than trying to raise allegations supported by inadequate information.
21. According to information received by OHCHR, Odhikar and its staff continue to be under surveillance, which reportedly intensified after 10 December 2021. As of April 2022, Odikhar’s bank accounts remain frozen and their application to the NGO Affairs Bureau for the renewal of its registration is pending. During the reporting period, Odhikar has continued to engage with the United Nations bodies and mechanisms, including by submitting information, statements, and communications to Special Procedures, in particular to the United Nations Working Group on Enforce or Involuntary Disappearance (WGEID).

15. The case of human rights organization Odhikar, Mr. Adilur Rahman Khan and Mr. Nasiruddin Elan, Secretary and Director of Odhikar, was included in the 2011, 2019, 2020, 2021 and 2022 reports of the Secretary-General21 on alleged accusations of anti-State and anti-Government activities following their engagement in the first cycle of the UPR of Bangladesh in 2009. The 2013 detention and release, and charges against Odhikar staff have been addressed by special procedures mandates holders since 2013, as well as threats, harassment, surveillance, and the killing of one of its staff.22Regulations Bill of 2016 and its application for renewal of registration was not approved by the Government.
16. On 22 December 2022, special procedures mandate holders followed up on Odikhar’s application to the NGO Affairs Bureau for the renewal of its registration, the legal case against Odhikar and its Secretary, Mr. Khan and addressed allegations of intensified surveillance of Odhikar following the visit to Bangladesh by the United Nations High Commissioner for Human Rights in August 2022. (BGD 4/2022). The Government responded in detail to mandate holders.
17. According to information received by OHCHR, on 8 June 2022, upon the Government’s non approval of Odikhar’s application for renewal of its registration, the Ministry of Foreign Affairs allegedly sent a note verbale to all diplomatic missions in Dhaka justifying the government’s action and accusing Odhikar of having engaged in maligning the image of the country. Reportedly, on 18 October 2022, Odhikar filed a Writ Petition before the High Court Division of the Supreme Court of Bangladesh challenging the decision not to approve its application. On 7 March 2023 the Writ Petition was reportedly added to the daily list of the High Court Division for fixing the date of a hearing before the High Court bench.
18. On 15 June 2022, according to information received by OHCHR, the 2013 case against Mr. Adilur Rahman Khan and Mr. Nasiruddin Elan under the Information and Communication Technology Act, 2006, was re-opened for investigation to allow further evidence upon request by the State Prosecution.25 Furthermore, during the visit of the High Commissioner, a film portraying Odikhar as an organization spreading misinformation and causing riots was screened to United Nations representatives by State officials of the Ministry of Home Affairs.
19. In its 2022 annual report, the Working Group on Enforced of Involuntary Disappearances (A/HRC/51/31) emphasized that the Government of Bangladesh must ensure that relatives of disappeared persons and human rights defenders and civil society organizations working on their behalf are protected from any threat, intimidation or reprisal and expressed particular concern about the Government’s decision not to renew the registration of Odhikar.

22. The case of human rights organization Odhikar, as well as Mr. Adilur Rahman Khan and Mr. Nasiruddin Elan, Secretary and Director of Odhikar, was included in the 2011, 2019, 2020, 2021, 2022 and 2023 reports of the Secretary-General23 after allegedly being accused of anti-State and anti-Government activities following their engagement in the first cycle of the UPR of Bangladesh in 2009. The detention and charges against Odhikar staff as well as threats, harassment, surveillance, and the killing of one of its staff have been addressed by special procedures mandates holders since 2013.24 Odhikar’s bank account was frozen under the Foreign Donations (Voluntary Activities) Regulations Bill of 2016 and its application for renewal of registration was not approved by the Government.25
23. On 11 July 2023 special procedures mandate holders called on Bangladesh to end all acts of harassment against representatives of Odhikar. They referred to the criminal case against the organization’s representatives as an emblematic example of the use of criminal proceedings to silence human rights defenders and organizations, which have documented enforced disappearances and extrajudicial killings and cooperated with UN human rights mechanisms in this context.26 Mandate holders emphasized that reprisals have chilling effects and may deter others from reporting on human rights issues and cooperating with the UN, its representatives and mechanisms. Mandate holders also denounced public smear campaigns at both organisational and personal levels through print and electronic media.27
24. On 14 November 2023, mandate holders publicly denounced the conviction and imprisonment of Mr. Adilur Rahman Khan and Mr. Nasiruddin Elan on charges of publishing “fake information”, for having documented extrajudicial killings and excessive use of force by security forces in 2013 which the Government of Bangladesh had not investigated.28
25. According to information received by OHCHR, after 10 years of trial proceedings, cases instituted in 2013 against Mr. Adilur Rahman Khan and Nasiruddin Elan under the Information and Communication Technology Act were decided. On 14 September 2023, the Cyber Tribunal in Dhaka convicted and sentenced Mr. Khan and Mr. Elan to two years imprisonment and a fine of some 90 USD (10.000 BDT). The same day of their conviction and sentencing, they were both detained. On 10 October 2023, the High Court Division granted bail, and stayed the fine. On 16 October, both accused were released on bail. The Government has appealed the decision, as have Mr. Khan and Mr. Elan. Both accused continue to be under close surveillance and face regular intimidation and harassment.
26. On 13 November 2023, Mr. Adilur Rahman Khan, while released on bail, participated and gave a presentation during a side event held in Geneva on the margins of the fourth cycle of the Universal Periodic Review (UPR) of Bangladesh entitled “The human rights situation in Bangladesh.” During the questions and answers session, a representative of the Permanent Mission of Bangladesh in Geneva allegedly raised concerns about the panellists’ interventions, referred to them as “baseless and biased accusations” and then focused at length on the legal case against Mr. Khan. Another participant in the side event reportedly accused Odhikar of engaging in the circulation of “fake reports and photos” and called for legal action against it.
27. Once the side event ended, outside of the room where the side event had taken place but on United Nations premises, the same individual and three other participants reportedly surrounded the moderator of the event, Mr. Mohammad Ashrafuzzaman a Bangladeshi human rights defender in exile and warned him in the Bangla language that they would “take care of him.” After the side event, the same individuals posted a photo on Facebook of Mr. Khan crossed-out with a red “X”. T”. The narrative accompanying the photo referred to “false” information Mr. Khan had shared with the Human Rights Council and alluded to him as a person that “encourages terrorism by spreading false propaganda and various slanders”.
28. According to information received by OHCHR, on 18 May 2023, Bangladeshi national media reported allegations that according to Foreign Ministry officials, the Home Ministry had allegedly prepared a list of Bangladeshi expatriates who the Ministry asserted had spread “propaganda against the country,” which had been sent to the Bangladeshi diplomatic missions abroad in order for them to take certain steps.29 According to the media, the missions had been instructed to monitor the activities of the listed persons or organizations, brief the authorities on harmful information against the interests of the Government or Bangladesh, including on social media, and take appropriate steps to counter propaganda against Bangladesh and the Government ahead of the national elections.30
29. On 22 December 2022, special procedures mandate holders followed up on Odikhar’s application to the NGO Affairs Bureau for the renewal of its registration, the legal case against Odhikar and its Secretary, Mr. Khan and addressed allegations of intensified surveillance of Odhikar following the visit to Bangladesh by the United Nations High Commissioner for Human Rights in August 2022. (BGD 4/2022). The Government responded in detail to mandate holders.31
30. According to information received by OHCHR, on 8 June 2022, upon the Government’s non approval of Odikhar’s application for renewal of its registration, the Ministry of Foreign Affairs allegedly sent a note verbale to all diplomatic missions in Dhaka justifying the government’s action and accusing Odhikar of having engaged in maligning the image of the country. Reportedly, on 18 October 2022, Odhikar filed a Writ Petition before the High Court Division of the Supreme Court of Bangladesh challenging the decision not to approve its application. On 7 March 2023 the Writ Petition was reportedly added to the daily list of the High Court Division for fixing the date of a hearing before the High Court bench.
31. On 15 June 2022, according to information received by OHCHR, the 2013 case against Mr. Adilur Rahman Khan and Mr. Nasiruddin Elan under the Information and Communication Technology Act, 2006, was re-opened for investigation to allow further evidence upon request by the State Prosecution.32 Furthermore, during the visit of the High Commissioner, a film portraying Odikhar as an organization spreading misinformation and causing riots was screened to United Nations representatives by State officials of the Ministry of Home Affairs.
32. In its 2022 annual report, the Working Group on Enforced of Involuntary Disappearances (A/HRC/51/31) emphasized that the Government of Bangladesh must ensure that relatives of disappeared persons and human rights defenders and civil society organizations working on their behalf are protected from any threat, intimidation or reprisal and expressed particular concern about the Government’s decision not to renew the registration of Odhikar.