17. 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.
18. 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.
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 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.
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.2318. 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.

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 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 rightsmechanisms 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 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 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. 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”. 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”. 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 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 intensifiedsurveillance 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 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. 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. 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.