A/HRC/48/28
access to family correspondence, which other inmates allegedly have access to. Mr. AlSingace reportedly suffers the effects of polio and sickle-cell anaemia. The two human rights
defenders are allowed to speak with relatives via phone due to COVID-19 restrictions (BHR
2/2021). On 28 June 2021, the Government responded to mandate holders (translation
forthcoming).95
9.
On 2 August 2021, the Government responded to the note verbale sent in connection
to the present report and provided information on the judicial processes concerning the
individuals above including the judicial guarantees afforded to them. The Government
addressed in detail the health status of the three individuals indicating that they are regularly
monitored both by general practitioner and specialized doctors. The three have received
COVID-19 vaccines according to their wishes.
3.
Bangladesh
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.
4.
Burundi
12.
The cases of human rights lawyers Mssrs. Armel Niyongere, Dieudonné
Bashirahishize, Vital Nshimirimana and Lambert Nigarura were included in the 2020,
95
96
97
98
99
100
50
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36397.
A/HRC/45/36, para. 47 and Annex II, paras. 8-9; A/HRC/42/30, para. 40 and Annex II, paras. 11–12;
A/HRC/18/19, paras. 25–26.
BGD 9/2013; 10/2013; 15/2013; 2/2014; 6/2015, and 1/2017.
See A/HRC/42/30, Annex II para. 12;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31241;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32829.
https://lib.ohchr.org/HRBodies/UPR/Documents/Session16/BD/JS6_UPR_BGD_S16_2013_Jointsub
mission6_E.pdf;
https://www.ohchr.org/Documents/HRBodies/UPR/NGOsMidTermReports/JointsubmissionSolidarit
yGroup_Bangladesh.pdf.
https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/BGD/INT_CAT_CSS_BGD_35328
_E.pdf.