BD concerned over OHCHR statement

The government has noted with deep concern that the High Commissioner for Human Rights and his office have taken an attempt to influence the outcome of the judicial process, saying: "these cases also represent an important test for the independence of the judiciary in Bangladesh".
"The independent judiciary of Bangladesh continues to ensure that judicial proceedings are conducted fairly, and that the rights of the parties are fully respected," said a statement issued by the Ministry of Foreign Affairs on Thursday, reports BSS.
It said, in line with the basic principles of independence, the judiciary of Bangladesh decides matters before them impartially, based on facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
The press briefing note issued by the OHCHR on September 05, drew attention of the government, said the foreign ministry.
Through the note, the High Commissioner for Human Rights and his Office expressed concern due to the 'continued intimidation and harassment of human rights advocates and civil society leaders through legal proceedings in Bangladesh', including Dr. Mohammad Yunus and two officials of the so-called human rights organisation- Odhikar.
The content of the note brings into question the way the OHCHR of the High Commissioner for Human Rights upholds the principles of universality, objectivity, neutrality, impartiality and non-selectivity in the work of the promotion and protection of human rights, said the release.
The government is also appalled to note the way the OHCHR seeks to influence the independent functioning of the judiciary of a state, by making comments over sub-judice matters.
The government considers the concerns expressed as flagrant disrespect to the "Basic Principles of the Independence of the Judiciary" of a country that the OHCHR claims to promote elsewhere.
While the cases against Dr. Yunus and Odhikar's officials are sub-judice, the government wishes to remind the OHCHR the basic principles that highlights that "respecting and observing the independence of judiciary is a duty of all governmental and other institutions" and that "there shall not be any inappropriate or unwarranted interference with the judicial process".
The government reiterates that Dr. Muhammad Yunus is one of the nationals of Bangladesh, upon whom the Constitution and the law are equally applicable.
He is treated equally in the eyes of law, and is subject to equal protection of the law. In fact, he availed himself of every possible legal recourse without any restraint.
By constitutional obligation as well as obligations from being party to 8 out of 9 core International Human Rights instruments, and most of the fundamental labour conventions of ILO, the government continues to promote a safe and enabling legal environment so that the victims enjoy the right to seek legal remedies when human rights are abused.
Therefore, any double standard that speaks of defending human rights of the victims on one hand and makes veiled attempts to protect the alleged violator on the other is not acceptable at all to the government.
In response to the concerns expressed regarding the two cases Dr. Yunus is facing, the government hereby further clarifies the following: The Anti-Corruption Commission (ACC) of Bangladesh filed one case under specific provisions of the Bangladesh Penal Code and Anti-Money Laundering Act, 2012.
The case was filed based on investigations concerning allegations of misappropriation of profits due to the workers and employees of Grameen Telecom Ltd.
The ACC investigation team had found that Dr. Muhammad Yunus, Chairman of Grameen Telecom Ltd. along with the Managing Director and other Board members, forged a settlement agreement to misappropriate and illicitly transfer Tk. 252 million.
Further, the Department of Inspection of Factories and Establishments, Dhaka filed another case under Bangladesh Labour Act, 2006.
The case was filed for multiple breaches, including for not setting up Workers' Contributory Fund and Welfare Fund as well as for not depositing 5% share of net profits to the concerned workers' welfare funds since 2006.
It needs to be further clarified that, in one of the tax evasion cases, Dr. Muhammad Yunus having lost in the High Court Division filed a petition at the Appellate Division of the Supreme Court, the highest court of the country.
The Appellate Division, having found no infirmity and illegality in the order of the High Court Division, rejected the petition, resulting in Dr. Yunus' paying the overdue tax amount to the National Board of Revenue (NBR).
There are now a few more pending tax evasion cases against him.
In the cases of depriving the workers of their rightful share of profit, Dr. Yunus went to the highest courts on two occasions - one challenging maintainability and another challenging framing of charge by the trial court.
In regard to the cases against Adilur Rahman Khan and Nasiruddin Elan of an NGO, Odhikar mentioned in the briefing note, the Bangladesh government has been thoroughly engaged with the OHCHR and the UN human rights mechanisms and adequately clarified the allegations brought against Odhikar.