Nasiruddin Elan

Cases
Location of case in SG report
2021-010-003
Relevant SG report
Year of the report
2021
Country Geolocation

Latitude: 23.684994

Longitude: 90.356331

Country Geolocation (linked Cases)
Bangladesh
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
Dates of prior UN action
2013, 2013, 2013, 2014, 2015, 2017
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity
  1. 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 Secretary- General 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
  2. 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.
Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant, member of the security forces or of the judiciary?
No
Reported trigger of reprisal

Engagement with UPR

Engagement with UN body
  • Unclear
  • UN Human Rights Council: UPR
Dates of engagement
2009, 2013, 2018
Type of attempted engagement
  • Unclear
Dates of mentioned reprisals
November 2013
Location of mentioned reprisals
Bangladesh
Reprisal information
  1. 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 Secretary- General 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
  2. 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.
Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Detention/Imprisonment: Detention/Imprisonment - General
  • Surveillance
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
1
In which SG report was this case followed up on? 0
2022
Follow up information provided in SG report 0
  1. 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 and 2021reports of the Secretary-General22 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 detention and charges against Odikhar staff as well as threats, harassment, surveillance, and the killing of one of its staff have been addressed by special procedures mandates holders since 2013.23 Odhikar’s bank account was frozen under the Foreign Donations (Voluntary Activities) Regulations Bill of 2016.
  2. On 7 December 2021, special procedures mandate holders addressed developments in the ongoing legal proceedings against Mr. Khan and Mr. Elan related to the 2013 case against them under the Information and Communication Technology Act, 2006 (BGD 6/2021). Despite the application for Review to the Appellate Division filed on 12 September 2021, the Dhaka Cyber Tribunal resumed the trial and to date several witness hearings have taken place. If found guilty, Mr. Khan and Mr. Elan could face up to seven years’ imprisonment.
  3. 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).
  4. On 12 May 2022, the Government responded24 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.
  5. 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).
Followup Trends 0
Stayed same
Date of follow up 0
7 December 2021
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic