The Observatory has been informedby reliable sources about the release on bail of Mr. Mohammad Abdul Kaium, a memberof the Human Rights Defenders Network of the humanrights non-governmental organisation (NGO) Odhikar[1], amember of OMCT SOS-Torture Network and of FIDH. Mr. Kaium is also a journalist at bdpress24.com and a web developer in Mymensingh District, Bangladesh.
According to the informationreceived, on July 2, 2019, the MymensinghCourt granted bail to Mr. Kaium and on July 3 around 1 pm Mr. Kaium waseffectively released from Mymensingh Central Jail.
The Observatory welcomes the release on bail of Mr. Mohammad AbdulKaium but recalls that he should never havebeen imprisoned, as his detention was arbitrary and merely aiming at preventinghim from carrying out legitimate human rights activities. The Observatory urgesthe authorities of Bangladesh to put an end to all acts of harassment,including at the judicial level, against him and all human rights defenders inthe country.
Background information:
On May 11, 2019, at around 5.30 pm, Mr. MohammadAbdul Kaium was arrested bythe Detective Branch of Police of Mymensingh after he had gone to see one ofhis clients, Mr. Mohammad Idris Khan, aka Idris Ali[2], to receive the balancedue by the latter for a news portal Mr. Kaium developed for him. Mr. Idris Khanoffered to pay Mr. Kaium in US Dollars, but the latter refused, saying that hewould only accept his payment in Bangladeshi Taka. Mr. Kaium was arrested as hewas leaving Mr. Khan’s office. The police officers accused Mr. Kaium ofcarrying US Dollars and being involved in “illegal business of foreigncurrency”. Despite that they could not find any US Dollars on Mr. Kaium, theystill arrested him and took him to the DetectiveBranch Police station of Mymensingh.
At 10.30 pm, the Detective Branch Officer-in-charge Shah Kamal, andSub-Inspectors Akram, Monju, Jewel, and Porimol asked Mr. Kaium to confessabout taking USD from Idris Khan, which Mr. Kaium refused to do. The latterthen asked to be produced before a court. The police officers became angry andthen Officer-in-charge Shah Kamal and Sub-Inspector Akram slapped and kickedhim. Later, Sub-Inspector Porimol asked Mr. Kaium to remove his belt and thenthe police officer started beating him with his belt, while Sub-Inspector Monjuhit him with a wooden chair and Sub-Inspector Jewel punched in his head. As Mr.Kaium still refused to confess anything, the officers went away.
On May 12, 2019, the police informed Mr. Kaiumthat he was arrested under Sections 23 (“digital or electronic fraud”), 25 (“publishing, sending ofoffensive, false or fear inducing data-information”)and 29 (“to publish, broadcast, […]defamatory information”) of the DigitalSecurity Act of 2018 and Sections 385 (“putting person in fear of injury inorder to commit extortion) and 386 (“extortion by putting a person in fear ofdeath or grievous hurt”) of the Bangladeshi Penal Code.
On May 14, 2019,the Mymensingh Court rejected Mr.Kaium’s bail application. On May 16, 2019, Mr.Kaium’s lawyer filed a bail application to the Sessions Judge Court inMymensingh, which again rejected the bail application on May 23, 2019.
How You Can Help
Please write to the authorities in Bangladesh, urgingthem to:
- Guarantee, in all circumstances, thephysical integrity and psychological well-being of Mr. Mohammad AbdulKaium as well as of all human rightsdefenders in Bangladesh;
- Carry out animmediate, thorough, impartial, and transparent investigation into theabove-mentioned allegations of torture against Mr. Mohammad Abdul Kaium in order to identify allthose responsible, bring them before an independent tribunal, and sanction themas provided by the law;
- Put an end to all acts of harassment,including at the judicial level, against Mr. Mohammad Abdul Kaium, as well as of all human rights defenders inBangladesh and ensure that they are able to carry outtheir activities without hindrance;
- Conform in all circumstances to theprovisions of the Declaration on Human Rights Defenders, adopted on December 9,1998 by the United Nations General Assembly, in particular its Articles 1 and12.2.;
- Ensure in all circumstances respect forhuman rights and fundamental freedoms in accordance with international humanrights instruments ratified by Bangladesh.
