A/HRC/57/60
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”. 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
26
27
28
29
30
40
https://www.ohchr.org/en/press-releases/2023/07/bangladesh-must-end-harassment-human-rightsdefenders-un-experts.
Ibid.
https://www.ohchr.org/en/press-releases/2023/11/un-experts-urge-bangladesh-seize-human-rightscouncil-review-opportunity.
https://www.thedailystar.net/news/bangladesh/news/anti-state-propaganda-home-ministry-sends-listexpatriates-missions-abroad-3322811.
Ibid. and https://www.tbsnews.net/bangladesh/govt-working-counter-pre-election-propagandaagainst-bangladesh-foreign-ministry-684074.
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