BGD 001 / 0517 / OBS 051.1

Release on bail /

Judicial harassment

Bangladesh

June 2, 2017

The Observatory for the Protection of Human RightsDefenders, a partnership of the World Organisation Against Torture (OMCT) andFIDH, requests your urgent intervention in the following situation in Bangladesh.

New information:

The Observatory has been informed by reliable sourcesabout the release on bail of two journalists associated with the human rights non-governmental organisation(NGO) Odhikar, Messrs. HasanAli, a Kushtia Districtcorrespondent for Bangla Vision TV,and Aslam Ali, a staff reporter for Dainik Kushtia Dorpan.Both have actively cooperated with Odhikar, and Mr. Hasan Ali has conducted several fact-finding missionsin Kushtia District and published many reports on various human rightsviolations, including extra-judicial killings, torture, rape, and enforceddisappearances.

According to the information received, on May 29,2017, Kushtia District and Sessions Judgegranted bail to Messrs. Hasan Ali and Aslam Ali until the police file a report(Kushtia police case No. 38 of March 30, 2017). They had been detained underthe Information and Communication Technology Act 2006 (amended in 2009 and2013) since May 9, 2017 (See background information). The next hearing in their case is scheduled for June14, 2017.

The Observatory welcomes the release ofMessrs. Hasan Ali and Aslam Ali, but remains concerned over their ongoingjudicial harassment, which is only aimed atpunishing them for their legitimate human rights activities.

The Observatory urges the authorities in Bangladesh toimmediately and unconditionally put an end to all acts of harassment againstMessrs. Hasan Ali and Aslam Ali.

Background information:

On May 9, 2017, Messrs. Hasan Ali and Aslam Ali were taken into custody aftersurrendering before the Court of Chief Judicial Magistrate at Kushtia Districtunder Section 57(2) of the Information and Communication Technology Act 2006(ICT ACT - amended in 2009 and 2013)[1].

On March 30, 2017, Mr. Hasibur Rahman Riju, apolice informer, filed a complaint at Kushtia Model Police Station againstMessrs. Hasan Ali and Aslam Ali. He accused them of publishing an offensivepost under the Facebook name ‘Sultan Eslam’ by using the cell phone of a workerat a tea stall at Thana Mor of Kushtia town. Mr. Hasibur Rahman Riju allegedthat the post defamed him and violated Section 57(2) of ICT Act.

On the same day, police Sub-Inspector AzizurRahman arrested Messrs. Hasan Ali and Aslam Ali, along with Mr. Moudud Rana, a Kushtia Districtcorrespondent for the daily Manab Kantho,without any warrant. The three were briefly detained at the Kushtia ModelPolice Station. They were released on the same day after dozens of journalistswent to the police station to investigate the arrests.

Police Sub-Inspector Azizur Rahmansubsequently recorded the complaint against Messrs. Hasan Ali and Aslam Ali asa case under Section 57 of the ICT Act with Kushtia Model Police Station, basedon a statement taken from a boy who worked at a tea stall close to the policestation.

On April 11, 2017, Messrs. Hasan Ali and AslamAli were granted anticipatory bail for four weeks from a High Division Bench ofthe Supreme Court, composed of Justice AKM Asaduzzaman and Justice Razik AlJalil. On May 9, 2017, they appeared before the Court of Chief JudicialMagistrate of Kushtia, which ordered their detention, as their interim bailallowed by the Supreme Court expired on the day.

The Observatorywould like to recall that on October 6, 2013, the National Parliament ofBangladesh passed the Information and Communication Technology (Amendment) Act,which prescribed prison terms of seven to 14 years or a fine of 10 millionBangladesh 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 ascognisable and non-bailable. As a consequence, law enforcers are empowered toarrest anyone accused of violating the law without a warrant, in accordancewith Section 54 of the Code of Criminal Procedure.

Section 57of the ICT Act is often used by the Bangladeshi authorities to target, harassand imprison critical voices, including journalists and human rights defenders.

In itsConcluding Observations on the initial report of Bangladesh, adopted on March22, 2017, the UN Human Rights Committee (CCPR) expressed concerns “atlimitations on the rights of journalists, bloggers, human rights defenders andcivil society organizations in the State party to exercise their right tofreedom of opinion, expression and association”. The CCPR was particularlyconcerned over the arrest of journalists and human rights defenders under theICT Act, which the Committee called “a de-facto blasphemy law that limitsfreedom of opinion and expression using vague and overbroad terminology tocriminalize publishing information online […]”[2].

Actions requested:

Please write to the authorities in Bangladesh, urgingthem to:

i.Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Hasan Ali and Aslam Ali, aswell as of all human rights defenders in Bangladesh;

ii. GuaranteeMessrs. Hasan Ali and Aslam Ali’s right to due process and afair trial;

iii. Put anend to any kind of harassment - including at the judicial level - against Messrs. Hasan Ali and Aslam Ali, as well asall human rights defenders in Bangladesh;

iv. Ensurein all circumstances that all human rights defenders in Bangladesh are able tocarry out their legitimate activities without any hindrance and fear ofreprisals;

v. RepealSection 57 of the ICT Act as well as other laws that are not compatible withBangladesh’s international human rights obligations;

vi. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, especially its Articles 1 and 12.2;

vii. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Bangladesh.

Addresses:

· Ms. Sheikh Hasina, Prime Minister ofBangladesh. Fax: +880 2 8113243, Email: pm@pmo.gov.bd

· Professor Dr. Gowher Rizvi, Adviserto the Prime Minister (International Affairs), Bangladesh. Fax: +880 29111312 Email: advinternational@pmo.gov.bd

· Mr. Asaduzzaman Khan, State Ministerfor Home Affairs of Bangladesh. Fax: +880 2 9515541. Email: stateminister@mha.gov.bd

· Mr. Anisul Huq, Minister for Law,Justice and Parliamentary Affairs of Bangladesh. Fax: +880 2 7168557.Email: minoflaw@law.com

· Md. Shahriar Alam, State Ministerfor Foreign Affairs of Bangladesh. Fax: +880 2 9562188. Email: fm@mofa.gov.bd

· Justice Surendra Kumar Sinha, ChiefJustice, Supreme Court of Bangladesh, Fax: +880 2 956 5058 /+880 2 7161344,E-mail: chief@bdcom.com or supremec@bdcom.com

· Mr. Mahbubey Alam, Attorney Generalfor Bangladesh, Email: adv_mahbubey@yahoo.com

· H.E. Mr. Abdul Hannan, Ambassador,Permanent Mission of the People’s Republic of Bangladesh to the United Nationsin Geneva, Switzerland, Fax: +41 22 738 46 16, E-mail: mission.bangladesh@ties.itu.int

· Embassy of the People’s Republic ofBangladesh in Brussels, Belgium, Fax: +32 2 646 59 98; Email: bdootbrussels@skynet.be

Please also write to the diplomatic missions orembassies of Bangladesh in your respective country as well as to the EUdiplomatic missions or embassies in Bangladesh.

***

Geneva-Paris, June 2, 2017

Kindly inform us of any action undertaken quoting thecode 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 orremedy situations of repression against human rights defenders. OMCT and FIDHare both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Teland fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

· Teland fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

[1]Under Section 57 of the ICT Act, an individual can face up to14 years in jail for “publishing fake, obscene or defaming information inelectronic form’ or information which ‘prejudices the image of the state orperson”.

[2] See UN Document CCPR/C/BGD/CO/1, April 27, 2017.