BGD 001 / 0517 / OBS 051
Arbitrary detention /
Judicial harassment
Bangladesh
May 12, 2017
The Observatory for the Protection of
Human Rights Defenders, a partnership of the World Organisation Against Torture
(OMCT) and FIDH, requests your urgent intervention in the following situation
in Bangladesh.
Brief description of the information:

The Observatory has been informed by
reliable sources about the arbitrary detention of two journalists associated
with the human rights
non-governmental organisation (NGO) Odhikar, Messrs. Hasan Ali, a Kushtia District correspondent for Bangla Vision TV, and Aslam Ali, a staff reporter for Dainik Kushtia Dorpan.
According to the information received, on
May 9, 2017, Messrs. Hasan
Ali and Aslam Ali were taken into custody after surrendering before the Court
of Chief Judicial Magistrate at Kushtia District under Section 57(2) of the
Information and Communication Technology Act 2006 (ICT ACT - amended in 2009
and 2013)[1]. At
the time of publication of this Urgent Appeal, both remained detained in
Kushtia District Jail.
On March 30, 2017, Mr. Hasibur Rahman Riju, a police
informer, filed a complaint at Kushtia Model Police Station against Messrs.
Hasan Ali and Aslam Ali. He accused them of publishing an offensive post under
the Facebook name ‘Sultan Eslam’ by using the cell phone of a worker at a tea
stall at Thana Mor of Kushtia town. Mr. Hasibur Rahman Riju alleged that the
post defamed him and violated Section 57(2) of ICT Act.
On the same day, police Sub-Inspector Azizur Rahman
arrested Messrs. Hasan Ali and Aslam Ali, along with Mr. Moudud Rana, a Kushtia District correspondent for the daily Manab Kantho, without any warrant. The
three were briefly detained at the Kushtia Model Police Station. They were
released on the same day after dozens of journalists went to the police station
to investigate the arrests.
Police Sub-Inspector Azizur Rahman subsequently
recorded the complaint against Messrs. Hasan Ali and Aslam Ali as a case under
Section 57 of the ICT Act with Kushtia Model Police Station, based on a
statement taken from a boy who worked at a tea stall close to the police
station.
On April 11, 2017, Messrs. Hasan Ali and Aslam Ali
were granted anticipatory bail for four weeks from a High Division Bench of the
Supreme Court, composed of Justice AKM Asaduzzaman and Justice Razik Al Jalil.
On May 9, 2017, at the end of the four-week bail period, they appeared before
the Court of Chief Judicial Magistrate of Kushtia, which ordered their
detention.
The
Observatory condemns the arbitrary detention and judicial harassment of Messrs. Hasan Ali and Aslam Ali, which is only aimed at punishing
them for their legitimate human rights activities. Both have actively
cooperated with Odhikar, and Mr. Hasan
Ali has conducted several fact-finding missions in Kushtia District and
published many reports on various human rights violations, including
extra-judicial killings, torture, rape, and enforced disappearances.
The
Observatory urges the authorities to immediately and unconditionally release Messrs. Hasan Ali and Aslam Ali.
Background information:
On
October 6, 2013, the National Parliament of Bangladesh passed the Information
and Communication Technology (Amendment) Act, which prescribed prison terms of
seven to 14 years or a fine of 10 million Bangladesh Taka (about 114,000 EUR),
or both, for cyber-crimes. In addition, offenses under Sections 54, 56, 57, and
61 of the CT Act are now considered as cognisable and non-bailable. As a
consequence, law enforcers are empowered to arrest anyone accused of violating
the law without a warrant, in accordance with Section 54 of the Code of
Criminal Procedure.
Section
57 of the ICT Act is often used by the Bangladeshi authorities to target,
harass and imprison critical voices, including journalists and human rights
defenders.
In
its Concluding Observations on the initial report of Bangladesh, adopted on
March 22, 2017, the UN Human Rights Committee (CCPR) expressed concerns “at
limitations on the rights of journalists, bloggers, human rights defenders and
civil society organizations in the State party to exercise their right to
freedom of opinion, expression and association”. The CCPR was particularly
concerned over the arrest of journalists and human rights defenders under the
ICT Act, which the Committee called “a de-facto blasphemy law that limits
freedom of opinion and expression using vague and overbroad terminology to
criminalize publishing information online […]”[2].
Please write to the authorities in
Bangladesh, urging them to:
i.
Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Hasan Ali and Aslam Ali, as
well as of all human rights defenders in Bangladesh;
ii. Immediately and unconditionally release Messrs. Hasan Ali and Aslam Ali, as their detention is
arbitrary since it only aims at sanctioning their legitimate human rights
activities;
iii. Guarantee Messrs. Hasan
Ali and Aslam Ali’s right to due process and a fair trial;
iv.
Put an end to any kind of harassment - including at the judicial level -
against Messrs. Hasan Ali and Aslam Ali,
as well as all human rights defenders in Bangladesh;
v.
Ensure in all circumstances that all human rights defenders in Bangladesh are
able to carry out their legitimate activities without any hindrance and fear of
reprisals;
vi.
Repeal Section 57 of the ICT Act as well as other laws that are not compatible
with Bangladesh’s international human rights obligations;
vii.
Conform with the provisions of the UN Declaration on Human Rights Defenders,
adopted by the General Assembly of the United Nations on December 9, 1998,
especially its Articles 1 and
12.2;
viii.
Ensure in all circumstances respect for human rights and fundamental freedoms
in accordance with international human rights standards and international
instruments ratified by Bangladesh.
Addresses:
Please also write to the diplomatic
missions or embassies of Bangladesh in your respective country as well as to
the EU diplomatic missions or embassies in Bangladesh.
***
Geneva-Paris, May 12, 2017
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
The Observatory for the
Protection of Human Rights Defenders (the Observatory) was created in 1997 by
the World Organisation Against Torture (OMCT) and FIDH. The objective of this
programme is to intervene to prevent or remedy situations of repression against
human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu,
the European Union Human Rights Defenders Mechanism implemented by
international civil society.
To contact the Observatory, call the emergency
line:
·
E-mail: Appeals@fidh-omct.org
· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
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