NO SPACE FOR DISSENT ’S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE Amnesty International is a global movement of 10 million people who campaign for a world where human rights are enjoyed by all.

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First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK

Index: ASA 13/4294/2021 Original language: English amnesty.org CONTENTS

INTRODUCTION 4

MUSHTAQ AHMED: WRITER 6

AHMED KABIR KISHORE: CARTOONIST 7

RUHUL AMIN: LABOUR RIGHTS ACTIVIST 8

ABU ZAMAN: FARMER 9

MOHAMMAD EMON: TEENAGE STUDENT 10

RITA DEWAN: FOLK MUSICIAN 11

EMDADUL HAQUE MILON: BUSINESSMAN 12

MOHAMMAD MAHTAB UDDIN TALUKDER: JOURNALIST 13

SHAFIQUL ISLAM KAJOL: PHOTOJOURNALIST 14

DEWAN MAHMUDA AKHTER LITA: POLITICIAN 15

THE DIGITAL SECURITY ACT 2018 16

RECOMMENDATIONS 20 INTRODUCTION

People from all walks of life are facing reprisals in Bangladesh simply for exercising their right to freedom of expression online. Journalists, photojournalists, cartoonists, musicians, activists, entrepreneurs, teenage students and a farmer have been subjected to a wide range of human rights violations, including enforced disappearances, arbitrary detentions, torture and in one case even death in prison.

Bangladeshi authorities have imprisoned at least 433 backgrounds. The organization found that cases individuals under the country’s draconian Digital Security against eight out of 10 individuals have been filed by Act (DSA), according to the country’s Department of lawmakers, members of ruling party or Prisons as of 11 July 2021. Most of these prisoners or law enforcement officials. In all these cases, individuals at least 185 individuals are held for allegedly publishing were accused of publishing posts on social media offensive and false information online. that were critical of the government and ruling party politicians, including Bangladesh’s Prime Minister More than 1,300 cases have been filed against about and the country’s de facto founding or 2,000 people under Bangladesh’s draconian Digital first president . Security Act (DSA) and nearly 1,000 people have been arrested since the law was enacted in October In one case, a folk musician was accused of “hurting 2018. An analysis of print and online news by Amnesty religious sentiment” for criticising Allah (God). Six out of International shows that more than 100 journalists have 10 cases analysed by the organization featured criminal been sued under the DSA between January 2019 and defamation charges, where the complainant was either July 2021, and at least 40 of them were arrested. a law enforcement official or someone else other than the person said to be defamed. In those cases, the The DSA, a vague and overly broad law, has been authorities also included assumption that social media increasingly used to stifle dissent on social media, posts by the individuals were “about to” deteriorate law websites, and other digital platforms with punishments and order. Satire and criticism were treated as false, that go up to life imprisonment. The authorities have offensive or derogatory information under the law. targeted critical voices under the pretext of containing A law enforcement official told Amnesty International false, offensive, derogatory or defamatory information, that it is their responsibility to contain criticism against and it is being deployed as a tool for repression. the government. Yet, international human rights law Amnesty International analysed a selection of is clear that criticism of the authorities can never be cases against 10 individuals belonging to diverse legitimately punished.

Writer Mushtaq Ahmed died in Cartoonist Ahmed Kabir Kishore was Labour rights activist Ruhul Amin prison after languishing in pre-trial tortured and held in prison for 10 was arrested for organizing a detention for 10 months solely months for satirizing on Facebook movement in support of jute mill for criticizing the Bangladeshi the Bangladeshi government’s workers and protesting on Facebook government’s response to the response to the Covid-19 pandemic the death of writer Mushtaq Ahmed Covid-19 pandemic on Facebook. and making fun of certain in prison. politicians.

4 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE UNDER BANGLADESH’S DRACONIAN DIGITAL SECURITY ACT (DSA) HAVE BEEN FILED AGAINST ABOUT 1,300 CASES 2,000 PEOPLE NEARLY 1,000 PEOPLE HAVE BEEN ARRESTED SINCE THE LAW WAS ENACTED IN OCTOBER 2018

Farmer Abu Zaman is accused of Mohammad Emon, a high-school Folk musician Rita Dewan has criminal defamation for making student, was detained for sharing a been accused of hurting religious derogatory remarks about one sarcastic Facebook post. sentiment for her criticism of Islam neighbour to others in the in a musical performance uploaded neighbourhood. on YouTube.

Photojournalist Shafiqul Islam Kajol Businessman Emdadul Haque Journalist Mohammad Mahtab was detained for seven months Milon was detained for criticizing Uddin Talukder was arrested by and has been charged under the on Facebook the Bangladeshi the police for an unsubstantiated draconian Digital Security Act for his government’s invitation to Indian Facebook post about a lawmaker’s Facebook posts about a well-known Prime Minister Narendra Modi. arrest, despite deleting the post and sex scandal in Bangladesh. posting an apology.

Opposition political activist Dewan Mahmuda Akhter Lita has been arrested for campaigning against the ruling party and Prime Minister Sheikh Hasina on social media.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 5 MUSHTAQ AHMED WRITER

Mushtaq Ahmed, 53, wrote the “Diary of the Crocodile Farmer” and founded the country’s first crocodile farm in 2005. Besides writing and farming, his loving and caring nature made him an affectionate husband, a loving son and brother at home. Outside, his protest and activism against injustice made him a staunch human rights advocate. It is beyond anyone’s comprehension that his criticism of the government would cost him Four of those accused were I suppose that’s why he was writing/ his life, having died in prison arrested in May 2020. Although sharing Covid-19 related stuff on two were released on bail within Facebook,” said Ishrat Ara, elder after more than 10 months the next four months, Mushtaq sister of Mushtaq Ahmed. held without trial. Ahmed and Ahmed Kabir Kishore The authorities accused Mushtaq were denied bail six times. On 26 April 2020, Mushtaq Ahmed of publishing “false” Mushtaq Ahmed died in prison Ahmed wrote an opinion piece information and “propaganda on 25 February 2021, after criticising the role of public officials against the liberation war, the spirit at dealing with the pandemic languishing there for more than of liberation war and father of the in Bangladesh. A week after he 10 months solely for exercising nation,” that could “deteriorate published the piece, on 4 May his right to freedom of expression. law and order” by “supporting or 2020, Bangladesh’s paramilitary Probe reports conducted by organizing crime” under sections force (RAB) the government concluded that 21, 25, 31 and 35 respectively of picked up Mushtaq Ahmed from he died of natural causes and the Digital Security Act. his residence. The authorities only reportedly suffered a heart attack acknowledged his arrest a day inside the prison. In prison, Mushtaq Ahmed used later. He was accused of posting his time writing affectionate Ahmed Kabir Kishore, who was on Facebook comments critical letters to his wife. He got himself released within a week after of Bangladeshi government’s a pen customized with his wife’s Mushtaq Ahmed’s death, said response to the Covid-19 name on it, which he used for his both of them were tortured while pandemic, “rumours” about Sheikh writing. “He would write about his in the custody of one or more state Mujibur Rahman - the de facto or imagination of how he would come security agencies prior to their first president of Bangladesh -, the out from jail, places he would go arrest being officially recorded by country’s war of independence and with her,” said Ishrat Ara. RAB. RAB officials dismissed the “propaganda” tarnishing the image Whenever he called his family allegations of torture by saying to of the state and the government during his time in prison, Mushtaq a local media that “an aggrieved under Bangladesh’s draconian Ahmed shared his concerns about person can say anything.” Digital Security Act. Mushtaq his octogenarian parents and the Ahmed was among 11 people, “He was a free-spirited person risks they faced because of the including Bangladeshi cartoonist who loved his country a lot. pandemic. Less than two months Ahmed Kabir Kishore, who have He was genuinely scared and after the death of Mushtaq Ahmed, been accused in the same case. concerned about Covid-19. his father passed away too.

6 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE AHMED KABIR KISHORE CARTOONIST

Ahmed Kabir Kishore, 46, is a prominent Bangladeshi cartoonist known for his critical views of the authorities. Although police records say he was arrested by unit-3 of the Rapid Action Battalion (RAB-3) on 5 May 2020, the cartoonist has said he was picked up from his the torture he endured, he bled Ahmed Kabir Kishore and six through his right ear. In addition, he residence by men in others accused in the same has since experienced severe pain case could face up to 10 plainclothes three days prior in his left knee and ankle and has to the date stated in official years in prison with fines up difficulty walking. He has had to be to one million Bangladeshi records of his arrest. He under medical supervision since his has been accused under the release on bail. takas [USD $11,795] solely country’s draconian Digital for exercising their right The Rapid Action Battalion’s Security Act of satirising to freedom of expression spokesperson Lt Col Ashiq Billah online, if convicted. on Facebook powerful rejected the allegations of torture people and the Bangladeshi and simply dismissed Kishore’s Ahmed Kabir Kishore and six others government’s response to complaints as lies. Covid-19 pandemic. accused in the same case could Ahmed Kabir Kishore told Amnesty face up to 10 years in prison with He was tortured from 2 to 5 May International that he believes he fines up to one million Bangladeshi 2020 while in custody of state has been targeted for his critical takas [USD $11,795] solely for security agencies before the cartoons of powerful people. The exercising their right to freedom of authorities officially recorded his interrogators questioned him expression online, if convicted. The arrest. Someone from behind heavily about the caricature of a charges include publishing “false slapped on both sides of his head businessman he had drawn and information” and “propaganda with their palms of both hands inquired about his knowledge about against the liberation war, the during the interrogation. “Every a few individuals. spirit of liberation war, father of the time they were not pleased with nation”, which could “deteriorate Although Ahmed Kabir Kishore is an answer, they hit me on my law and order” by “supporting or concerned for the safety of his child legs, ankles and soles of my feet,” organizing crime” under sections and his family, he is determined Ahmed Kabir Kishore told Amnesty 21, 25, 31 and 35 of the Act. to seek justice for the horrific International. experience that he has been put Amnesty International has called on He was subsequently held in through and the loss of his friend the government of Bangladesh to pretrial detention for 10 months and Mushtaq Ahmed in prison. drop all charges against him and all released on bail a week after fellow those accused solely for exercising “I have been drawing political accused Mushtaq Ahmed died in their right to freedom of expression. cartoons for many years. Criticising prison on 25 February 2021. In addition, the authorities must the government does not mean promptly, thoroughly, impartially, Ahmed Kabir Kishore suffered being anti-national. Who will independently and transparently from severely high levels of blood explain this to these people? They investigate the allegations of torture sugar during his incarceration as understand nothing about cartoons,” and other ill-treatment and bring all he lacked timely access to insulin said Ahmed Kabir Kishore. those responsible to justice in fair medication that he required to Charged under the country’s trials and without recourse to the control diabetes. He told Amnesty draconian Digital Security Act, death penalty. International that, as a result of

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 7 RUHUL AMIN LABOUR RIGHTS ACTIVIST

A labour rights activist for five years, Ruhul Amin, 35, has been organizing movements to protest the Bangladeshi government’s decision to close 25 state- owned jute mills that employed about 73,000 workers. These movements have been underway since the government announced the closure of the jute and accused Ruhul Amin of “tarnishing against him of creating unrest sugar mills in July 2020. The the image of the state as well as and animosity among public is the government, using propaganda speculative and without concrete subsequent leasing of the to create confusion, hate, unrest evidence pointing towards a mills to private corporations and animosity among public and recognizable criminal offence. have subjected workers to attempting to deteriorate law and These are violation of the right loss of livelihoods, shrinking order” under sections 25(2) and to freedom of expression under wages and other benefits. 31(2) of the Digital Security Act. International Covenant on Civil and Political Right, to which Bangladesh Ruhul Amin was arrested by In the meantime, the Qatar-based is a state party. According to the the police three times between television network Al-Jazeera UN Human Rights Committee, April 2018 and October 2020 for released a damning documentary protection under right to peaceful carrying out campaigns to reopen in February 2021 about how “a assembly extends to “organization the mills. The death in prison of criminal gang is colluding with of, assemblies, for example online.” Mushtaq Ahmed on 25 February the security forces of Bangladesh 2021 had a big impact on Ruhul and profiting from links to Prime “Our movement was picking up Amin. The next day, he condemned Minister Sheikh Hasina”. Security momentum. I was arrested so that the writer’s death on social media officials interrogated Ruhul the movement stopped,” Ruhul and accused the government of Amin about his connection with Amin told Amnesty International. his death. Ruhul Amin posted a few individuals linked to the “We have been doing movements on Facebook an image calling on documentary. He told Amnesty for jute mill workers on one hand, people to join a protest in front International he was asked about on the other hand we have been of the National Parliament of his sources of income, about the talking about the state’s exercise Bangladesh that afternoon. The reasons of human rights work of control, suppression and message on the image read “March despite having completed a persecution of people.” of the corpse towards the National university degree and about his Ruhul Amin was released on bail Parliament in protest of the killing of political links. on 19 April 2021, after more than writer Mushtaq by the government Ruhul Amin’s arrest solely for 45 days in prison. The labour rights of Hasina and the state”. The post sharing information about a protest activist is still facing up to seven further said, “Repeal the Digital and the authority’s accusation years in prison if convicted. Security Act or arrest us”. Hours later, the Detective Branch of the police picked up Ruhul Ruhul Amin’s arrest solely for sharing information about a protest Amin from his home in Khulna, and the authority’s accusation against him of creating unrest a district in the southwest of and animosity among public is speculative and without concrete Bangladesh. Using reference of the post, the Detective Branch evidence pointing towards a recognizable criminal offence.

8 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE ABU ZAMAN FARMER

Abu Zaman, 50, is a farmer at Bajitpur village in Kishoreganj, near the capital Dhaka. After farming for nearly two decades in Saudi Arabia, he returned home around 2014. He and his family have faced harassment for nearly two decades due to a neighbour who has been trying to acquire the property where he lives with his family. This troubled relationship has led to several false accusations in police cases against him, Abu Zaman told Amnesty 15 April 2021 charged him for although he spent the six International that he has been defamation under Bangladesh’s years since his return without harassed for nearly two decades to Penal Code of 1860. give up the land in which he lived any new problems with his “We don’t have a yardstick to with his family. According to Abu neighbours. determine the damage from Zaman, the land where they live is an offence. His statements are On 19 October 2020, Abu Zaman’s part of his wife’s family ancestral defamatory. This is certainly neighbour filed a case against property. About 10 years ago, his a crime,” said SM Shahadat him at the Katiadi police station in neighbour purchased 75 percent of Hossain, the local police chief at Kishoreganj under Bangladesh’s the property but now, according to Katiadi police station to Amnesty Digital Security Act. The neighbour Abu Zaman, they want to take the International. accused Abu Zaman and another entire property away. person of sharing “false” and The use of criminal law to address “They trapped me into this case “defamatory” information about defamation allegations places because I understand nothing his late father on Facebook serious restrictions on the right to about it. I am not a literate person. messenger, claiming it “could freedom of expression. Therefore, I have no knowledge about deteriorate law and order” under defamation laws need to be Facebook,” said Abu Zaman. sections 25, 29 and 31 of the Act. defined precisely to avoid inhibiting Abu Zaman, who cannot read or The Digital Security Act not only legitimate criticism of government write and has no knowledge about violates Bangladesh’s international or public officials. The way in Facebook, could face up to 10 obligations to protect the right to which defamation is criminalized years in jail, if convicted. freedom of expression, but its vague under the Digital Security Act and overbroad provisions have shows the serious shortcomings of The casefile, seen by Amnesty created rooms for authorities and a criminal approach to defamation, International, carries no narration people in position of power and where the law has been further of the accusation against Abu privilege to exploit the law and use it instrumentalised to silence Zaman with the exception of a line as a tool to harass people. dissent. Amnesty International which states that the accused have therefore, calls on the Bangladeshi tarnished the image of one of his After failing to corroborate any authorities to ensure that neighbours by making derogatory evidence against Abu Zaman of defamation is treated as a matter comments about his father to other committing any criminal offence for civil litigation, not criminal. people in the neighbourhood. using a digital platform, police on

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 9 MOHAMMAD EMON TEENAGE STUDENT

Mohammad Emon, 15, is a high school student in Mymensingh, a northern district of Bangladesh. In June 2020, his mother bought him a smartphone to fulfil his wish to use Facebook. They were both unaware of the trouble someone could run into simply for expressing their The UN Human Rights Committee on the right to freedom of views online. expression has observed that the mere fact that forms of On 19 June 2020, roughly two expression are considered to be insulting to a public figure weeks after Mohammad Emon is not sufficient to justify the imposition of penalties. got his phone as a gift, he shared a Facebook post which stated, “For every 100 taka [USD $1.18] 2020 the case against Mohammad The UN Human Rights Committee recharged on phone, 35 to 25 taka Emon arguing that local leaders on the right to freedom of have to be given to Sheikh Hasina and political activists were expression has observed that the as widow allowance because her aggrieved by the teenager’s post mere fact that forms of expression husband is no more.” on Facebook. are considered to be insulting to a public figure is not sufficient to Mohammad Emon told Amnesty Within a day, local police sent justify the imposition of penalties. International that he saw this post Mohammad Emon to the juvenile The arrest and detention of on another person’s Facebook correction facility in Gazipur. Mohammad Emon merely for and shared it to get likes and Although he was released on bail sharing a post on Facebook with comments from his friends. The after 16 days, he appeared at undertones of sarcasm epitomises teenager said he had deleted the the court almost every month to the harassment that the Digital Facebook post within an hour of register his attendance. Security Act is capable of causing sharing it and wrote an apology on the advice of other people, but to “I have lost about 60,000 to to anyone who offers even the no avail. 70,000 takas [USD $700 to $825] faintest criticism of the government on legal fees and travel. I had to and public figures in Bangladesh. The authorities lodged a criminal borrow money to get my son out on Mohammad Emon has since case against him for sharing this bail,” said Khodeja Khatun, mother stopped using Facebook and said post of Facebook, and accused of the teenager. him of publishing “false” and he did not foresee the damage “defamatory” information “that After more than a year since the that sharing a joke on Facebook could deteriorate law and order” police lodged the case against him, could cause to him and his family. under sections 25, 29 and 31 of the investigation officer confirmed He hopes that the authorities will the Digital Security Act. A leader of to Amnesty International on 6 drop the charges against him the youth wing of Prime Minister July 2021 that they recently filed after seeing what this post was all Sheikh Hasina’s political party criminal charges against him for about: sharing a sarcastic joke by Awami League filed on 20 June his Facebook post. a teenager.

10 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE RITA DEWAN FOLK MUSICIAN

In February 2020, a YouTube channel uploaded video of a stage performance of (mystic) musician Rita Dewan. In the argumentative performance, the 39-year- old musician criticised Islam and the role of Allah (God). Soon after her recorded performance was uploaded on YouTube, she started receiving death threats on her mobile phone. Concerned by the messages, Rita Dewan issued an apology through the YouTube channel. display of the lack of respect for new performances. She has a religion or other belief system is performed less than 10 shows In the following 10 months, the impermissible to be used to prevent between February 2020 and 2021, authorities lodged four separate or punish criticism of religious whereas she would have 70 to 80 cases against Rita Dewan filed doctrine or tenets of faith. Similarly, shows in a year. While this has by four different individuals the UN Special Rapporteur on been partly due to the eruption under the Digital Security Act freedom of religion and belief has of Covid-19 pandemic, the cases and Bangladesh’s Penal Code. In stated that subjective feelings of against her also made organizers three of the cases, she is accused offensiveness against any religion or fear for their own safety. of “insulting religion”, “creating faith should never guide legislative outrage by insulting religious belief”, On top of this, Rita Dewan has run action, court decisions or other “provoking breach of peace” and into further financial constraints State activities. “making statements conducing to in the process of bearing costs of public mischief” under sections “I did not say anything to be at legal counsel for appearance in 295A, 298, 504 and 505 of the fault. After those cases were filed, multiple courts as the cases were Penal Code 1860. Another case I have not been able to perform filed in more than one district of under section 28 of the Digital at musical events that helped me Bangladesh. Security Act (DSA) accuses her support my parents and my family. The stress caused by the of “publishing and broadcasting I feel that I now have no option but harassment and intimidation has information hurtful to religious to beg,” Rita Dewan told Amnesty induced high blood pressure and values and sentiment”. International. increasing sugar levels for Rita, who Of the four cases, she was The cases pursued against Rita has chronic diabetes. The cases, acquitted in two under the Penal Dewan and the harsh consequence court appearances, fear of arrest Code after the individuals withdrew of the Digital Security Act looming and reduced number of shows the complaints. Nevertheless, she over her demonstrate how some have caused deteriorating mental could still face up to 10 years in jail domestic laws promote intolerance and physical health conditions, along with a fine of up to two million and create a framework for unduly harassment and financial insecurity Bangladeshi takas [USD $23,592] restricting people’s freedom if their for the musician. if convicted in only the case under action goes against mainstream As part of the draconian crackdown the DSA. political or religious views. on freedom of expression, artistic The UN Human Rights Committee Since the cases were launched, freedom is also under threat in has observed that prohibition of the Rita Dewan has struggle to secure Bangladesh.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 11 EMDADUL HAQUE MILON BUSINESSMAN

Emdadul Haque Milon, 35, is a pharmacist and contractor at Muktagachha in Mymensingh, a northern district of Bangladesh. On the evening of 3 March 2020, he was stopped by some unidentified men on a road adjacent to his pharmacy his dissatisfaction of the electronic “He [Emdadul Haque Milon] has on instruction of a local voting system. Emdadul Haque insulted a person. He does not political leader of the ruling Milon has denied sharing anything have a right to insult a person. Awami League party. Police about Obaidul Quader and said that He has posted a distorted image the police did not find such a post of our honourable secretary eventually arrived at the on his Facebook. [Obaidul Quader]. We have filed location and took Emdadul the case after consulting with the Police lodged against him a Haque Milon into custody, administration,” the ruling party case for publishing “offensive” based on the Awami League politician and plaintiff of the case and “defamatory” content and leader’s allegation that told Amnesty International. Emdadul Haque Milon made “deteriorating law and order” under sections 25(2), 29(1) and 31(2) of Under international human rights offensive remarks about the DSA. If convicted, he could face law, the mere fact that forms of a ruling party minister on up to seven years in prison and/or expression are considered to be Facebook. The next day, the a fine of up to 500,000 takas [USD insulting to a public figure is not local political leader came to $5,897]. sufficient to justify the imposition the police station and filed a of penalties. The use of defamation Biplob Kumar Bishwas, officer- case against Emdadul Haque laws with the purpose or effect in-charge of Muktagachha of inhibiting legitimate criticism Milon under the Digital Police Station in Mymensingh, Security Act. of government or public officials, where Emdadul Haque Milon whereas of heads of state, the The post that apparently sparked was detained, told Amnesty military, public institutions, flags the anger of the local politician was International, “When the or symbols, violates the right to in connection with the scheduled government is asking everyone to freedom of expression. trip of Indian Prime Minister refrain from commenting about Narendra Modi to Bangladesh in Indian Prime Minister Narendra Emdadul Haque Milon told Amnesty March 2020. Ahead of the visit, Modi…and the honourable International that he feels that the Emdadul Haque Milon posted secretary of Awami League case was filed by the ruling Awami on his Facebook account on [Muktagachha unit] has come to League party politician abusing his 27 February 2020 that “Inviting the police station to file a case, it power to stop him from submitting a Modi, an oppressor of Muslims means there is deterioration of law proposal for a government contract at the birth centenary of Mujib is and order.” that subsequently went to the an insult to the Bengali nation’s politician’s son-in-law. The police official’s explanation pride, Bangabandhu, and people of contravenes Article 19 of the Emdadul Haque Milon was Bangladesh will not welcome that.” International Covenant on Civil and released on bail on 26 March In addition to this Facebook post, Political Rights that clearly states 2020, after serving 23 days in the Awami League leader also that everyone has the right to hold prison. The case against him accused him for sharing a post with opinions without interference and to continued as of May 2021 as a satirical image of Bangladeshi freely share information and ideas police has not completed the minister Obaidul Quader to express of all kinds. investigation in more than a year.

12 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE MOHAMMAD MAHTAB UDDIN TALUKDER JOURNALIST

Journalist Mohammad Mahtab Uddin Talukder, 47, is the editor and publisher of the local newspaper Daily Haorancholer Kotha based in Sunamganj, a district located in north-eastern Bangladesh. Between 2019 and 2020, the journalist produced a series of 20 to 22 reports published in his newspaper about allegations of corruption against a lawmaker in his neighbouring constituency “As journalists, we have no protection from the in Sunamganj. According to government. This law breaches people’s right to Mohammad Mahtab Uddin Talukder, there was a Facebook freedom of expression and must be repealed,” post from his account on 4 May 2020 which stated that the He then went to the local police The case, now pending at the lawmaker was arrested by the station to file a complaint about his Cyber Crimes Tribunal, accuses state’s anti-corruption commission. Facebook account being hacked. the journalist of publishing “false” Mohammad Mahtab Uddin Instead of registering his complaint and “defamatory” information that Talukder claims his account was that evening, the police arrested could “deteriorate law and order” hacked and he had no knowledge Mohammad Mahtab Uddin by “supporting in organizing crime” of the existence of the post initially. Talukder at midnight on 5 May under sections 25, 29, 31 and 35 “I would corroborate such 2020 in a case under the Digital of the Act. The journalist could face information with relevant authorities Security Act. up to seven years in jail if convicted. and file a report in my newspaper “This case was filed against me “As journalists, we have no or television,” he told Amnesty because of publishing news against protection from the government. International, explaining why he the lawmaker. I have spent both This law breaches people’s right to believed his account was hacked as Eid festivals away from my children freedom of expression and must be he would not post such information in jail. My newspaper was closed repealed,” concludes Mohammad on Facebook. When a colleague for a long time. I have had to go Mahtab Uddin Talukder. informed him about the post through a lot of difficulty meeting coming out from his Facebook the legal and living expenses as well account, he had the post taken as the cost of my newspaper staff,” down with the help of a co-worker said Mohammad Mahtab Uddin and issued another post clarifying Talukder, who spent three months that his account was hacked. He and 23 days in jail until he was said that his knowledge about granted bail. Facebook was limited.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 13 SHAFIQUL ISLAM KAJOL PHOTOJOURNALIST

Shafiqul Islam Kajol, 50, is a Bangladeshi photographer and editor of a daily Dainik Pokkhokal. He has been charged under Bangladesh’s Digital Security Act (DSA) solely for his Facebook posts, which were critical of the government. He was detained on 3 May 2020, held in pretrial detention for seven months and denied bail at least 13 times during this Shafiqul Islam Kajol was not seen for 53 days after period. He was eventually he left his office on 10 March, raising concerns that released on bail on 25 December 2020. The case he was forcibly disappeared by the authorities. against him nonetheless continues, and he could face to return to his family, the police who feels the cases against him are up to seven years in prison, filed a case against him under politically motivated because he was sharing information that were if convicted. the Bangladesh Passport Order, 1973 for “trespassing” into his own exposing powerful people. country from neighbouring On 9 March 2020, a lawmaker from Amnesty International has called without passport. Bangladesh’s ruling Awami League on the Bangladeshi government party filed a case against Shafiqul Amnesty International obtained to drop the charges against the Islam Kajol and 31 others under CCTV footage of the moment that photojournalist and all those sections 25, 26, 29 and 31 of the Shafiqul Islam Kajol left his office accused solely for exercising their DSA for publishing “false, offensive, on 10 March 2020. The video right to freedom of expression. illegally obtained and defamatory” shows at least three unidentified content on Facebook that “could men approaching the journalist’s deteriorate law and order”. Another motorbike parked outside his office member of the ruling party filed and appearing to tamper with it, just a second case against him under moments before he is seen driving sections 25, 26 and 29 of the Act, away with it. His disappearance three hours after Shafiqul Islam and the multiple cases filed against Kajol was last seen leaving his office him follow a flurry of critical posts at 6:51PM on 10 March 2020. A he made on Facebook about the third case under the Act was filed involvement of ruling Awami League against him the next day. party members in a sex trafficking ring being operated out of a five-star Shafiqul Islam Kajol was not seen hotel in Dhaka. for 53 days after he left his office on 10 March, raising concerns that “All the three cases against me he was forcibly disappeared by the were related to posts shared on authorities. On 3 May 2020, the Facebook regarding a well-known Bangladeshi police said he was sex scandal. I posted information found 100 yards from the border that was already in the public with India. Instead of allowing him domain,” said Shafiqul Islam Kajol,

14 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE DEWAN MAHMUDA AKHTER LITA POLITICIAN

Dewan Mahmuda Akhter Lita, 34, is a politician and publicity secretary of the women’s wing of opposition Bangladesh Nationalist Party in Chattogram. The politician’s satirical posts and criticism containing caricatures on Facebook about the ruling party and Prime Minister Sheikh Hasina, among others in Bangladesh, landed her in jail for nearly two months in January 2019 in a case Political cartoons, regardless of being offensive to filed by Bangladesh’s paramilitary politicians, leaders and people in positions of power, force Rapid Action Battalion under the country’s draconian Digital are protected under the right to freedom of expression. Security Act. In the case documents, seen by legitimately subject to criticism and of Bangladesh’s High Court in Amnesty International, some of political opposition”. one of the cases under DSA. The the Facebook posts for which Cyber Tribunal in Dhaka dismissed Despite the safeguards stipulated in she has been arrested state that one more of the DSA cases filed international human rights law, this “an autocrat is teaching about against her. frontline politician of the opposition democracy by riding on the back party has been charged with “They arrested me because I was of another autocrat”, “Awami posting on Facebook “false” and vocal against the government’s League has won, democracy has “defamatory” information that were misdeeds. They arrested me to lost, democracy has been violated “about to deteriorate law and order” silence the opposition,” Dewan in broad daylight” and a caricature under sections 25, 29 and 31 of the Mahmuda Akhter Lita told of Bangladesh’s chief election Act. She could face up to 10 years Amnesty International. She also commissioner pressing the cover in prison if convicted. said that she was humiliated while on a coffin that reads “democracy”, in RAB custody. “They said that I Abdul Haque, the RAB official who as Prime Minister Sheikh Hasina am a street girl and that I worked filed the case against the young hammers a nail on it. for money. They asked me to politician told Amnesty International Political cartoons, regardless of divulge names of senior politicians that “our law enforcement agency being offensive to politicians, of my party who supported me. has a responsibility to contain leaders and people in positions My only offence is that I support criticism against an established of power, are protected under the BNP.” government.” right to freedom of expression. The UN Human Rights Committee has After spending two months in concluded that “all public figures, detention and being denied bail including those exercising the at least two times by the lower highest political authority such as court, Dewan Mahmuda Akhter heads of state and government, are Lita was released on bail on orders

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 15 THE DIGITAL SECURITY ACT 2018

The Government of Bangladesh enacted the Digital Security Act (DSA) in October 2018 with vague and overbroad provisions that criminalize legitimate forms of expression. Despite supporting recommendations at the Universal Periodic Review in May 2018 to bring the law in line with international human rights law and standards on the right to freedom of expression, the government has failed to reform or repeal the Act.

Bangladesh has 433 prisoners of the DSA as of 11 July The Cyber Tribunal based in Dhaka has recorded 2021. At least 185 individuals have been held for allegedly 199 cases for trial between 1 January and 6 May 2021. publishing false and offensive information online under Amnesty International has found that 134 of those Section 25, 162 persons have been imprisoned for cases clearly specified the sections under the DSA. criminal defamation under Section 29 and 163 persons Eighty percent of those cases or 107 out of 134 cases have been held under Section 31 of DSA for attempting were filed under both Sections 25 and 29 of the DSA, to deteriorate law and order by transmitting information which criminalizes “false, offensive, derogatory and online. The Department of Prisons said that some defamatory information” in contravention with prisoners are charged with multiple sections of the law. the ICCPR.

16 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE The tribunal has dismissed nearly 50 percent or 97 out of 199 cases during the period understandably for OR 107 OUT lacking merit and evidence. That, however, did not waive 8080 the human rights violations that people have suffered OF 134 CASES including facing detention for various periods even before the cases appeared for trial. * Source: Cyber Tribunal * Time: 1 January to 6 May 2021 UNDER* Amnesty International BANGLADESH’S screened all those cases that clearly specified sections under the DSA. Section 43 of the Act gives arbitrary powers to the police to search a place, seize devices and contents and arrest an DIGITAL SECURITY ACT individual without a warrant if they believe that an offence under the DSA has been or is being committed or if there ACCUSE INDIVIDUALS OF CRIMINAL is a possibility of the person committing other crimes or OFFENCE FOR PUBLISHING SATIRE destroying any evidence. OR CRITICISM ONLINE IN THE Amnesty International has found a concerning pattern in which the authorities are weaponizing sections 25, 29, PRETEXT OF FALSE, OFFENSIVE and 31 of the Act as a way to target and harass critical OR DEFAMATORY CONTENT. voices, which stipulate punishment of up to 10 years in prison and/or a fine up to one million Bangladeshi takas Source: Cyber Tribunal, Dhaka Time: 1 January to 6 May 2021 Amnesty International listed all those cases that clearly specified sections under [USD $11,795]. the DSA The UN Human Rights Committee has advised the The Act allows a maximum punishment of life States to avoid “penalizing or rendering unlawful untrue imprisonment under section 21 for holding views that may statements that have been published in error but without be seen as propaganda against Bangladesh's Liberation malice.” Furthermore, UN Special Rapporteur on freedom War, the de facto or first president of the country, the of expression has also observed that “[d]efamation national anthem, and the national flag using digital devices. concerns are not as strong on the Internet where the There are at least 13 prisoners charged under this section concerned individual can immediately reply to the article as of July 2021. to address the harm caused.” The law has no safeguards in place for people to seek Yet, false, offensive or derogatory posts on social media or redress when cases brought under the DSA constitute a any other digital platforms are a criminal offence under the human rights violation, including for undue restrictions on DSA that stipulates up to five years in prison and/or a fine the right to freedom of expression or breaches of privacy. of one million Bangladeshi takas under section 25 alone. Many people have been subjected to indefinite pretrial Defamation on a website or any other electronic format is detention as the police fail to complete the investigation also considered as a criminal offence under section 29 of within their stipulated timeframe of 75 days under section the DSA, which stipulates up to five years in prison and/ 40 of the Act. Amnesty International has documented a or a fine of one million Bangladeshi takas. Section 29 of concerning pattern in which those detained under the the DSA is governed by Bangladesh’s Code of Criminal DSA for expressing critical opinions of the authorities on Procedure, which under section 198 says that no court social media are denied bail and held in pretrial detention shall take cognizance of an offence unless the complaint for longer periods than those allowed under the law. is filed by the defamed person, with certain exceptions such as if the person is below 18 years old or is physically Following the death in prison of writer Mushtaq Ahmed on or mentally unwell, in which case some other person, 25 February 2021, the United Nations High Commissioner with the leave of the court, may make a complaint on for Human Rights Michele Bachelet criticised the DSA their behalf. Ruling party politicians and law enforcement and said, “Bangladesh urgently needs to suspend the officials are rampantly using this provision to accuse application of the Digital Security Act and conduct a people of defamation on behalf of third people, something review of its provisions to bring them in line with the that goes well beyond the narrow circumstances allowed requirements of international human rights law.” under Article 198 of the Code of Criminal Procedure. Diplomats of Canada, Denmark, European Union, France, The DSA further stipulates imprisonment of up to 10 years Germany, Italy, the Netherlands, Norway, Spain, Sweden, and/or fine up to one million Bangladeshi takas under Switzerland, the United Kingdom and the United States section 31 on speculation that an individual’s post on have expressed concern over the DSA and pledged to social media, a website, or any other digital format could continue to engage with the Bangladeshi authorities on cause a “deterioration of law and order”. The section fails their governments’ wider concerns about the problematic to explain the necessity of the action by establishing a provisions and implementation of the DSA, given its direct and immediate connection between an expression incompatibility with Bangladesh’s obligations under and the precise nature of threat. international human rights law and standards.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 17 THE DIGITAL SECURITY ACT 2018

Section 25 Transmission, publication, etc. of offensive, false or threatening data information. (1) If any person, through any website or any other digital medium, (a) intentionally or knowingly transmits, publishes or propagates any data-information which he knows to be offensive, false or threatening in order to annoy, insult, humiliate or malign a person; or (b) publishes or propagates or abets to publish or propagate any information, as a whole or partly, which he knows to be propaganda or false, with an intention to affect the image or reputation of the country, or to spread confusion, then such act of the person shall be an offence. (2) If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 3 (three) years, or with fine not exceeding BDT 300,000 (USD $3,540), or with both.

(3) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 5(five) years, or with fine not exceeding BDT one million (USD $11,795), or with both.

Section 29 Publication, transmission, etc. of defamatory information. 1) If any person publishes or transmits any defamatory information as described in section 499 of the Penal Code (Act XLV of 1860) in website or in any other electronic format, he shall be punished with imprisonment for a term not exceeding 3 (three) years, or with fine not exceeding BDT 500,000 (USD $5,897), or with both.

(2) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding BDT one million (USD $11,795), or with both.

Section 31 Offence and punishment for deteriorating law and order, etc. 1) If any person intentionally publishes or transmits anything in website or digital layout that creates enmity, hatred or hostility among different classes or communities of the society, or destroys communal harmony, or creates unrest or disorder, or deteriorates or advances to deteriorate the law and order situation, then such act of the person shall be an offence. (2) If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 7 (seven) years, or with fine not exceeding BDT 500,000 (USD $5,897), or with both. (3) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 10 (ten) years, or with fine not exceeding BDT one million (USD $11,795), or with both.

18 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE Disappeared, tortured, detained for ulterior reasons

was nowhere to be found, raising concerns For nearly two months, photojournalist Shafiqul Islam Kajol about an enforced disappearance. On 3 May 2020, the Bangladeshi police said he was found 100 yards inside Bangladesh’s border in the southwest with India. A ruling party lawmaker filed a case against him under the DSA a day before his disappearance. Two more DSA cases were filed in the subsequent days. Shafiqul Islam Kajol had posted on Facebook news links and lists that pointed fingers at ruling Awami League party members who were allegedly involved in a sex trafficking ring being operated out of a five- star hotel in Dhaka. “All the three cases against me were related to posts shared on Facebook regarding a well-known sex scandal. I posted information that was already in the public domain,” said Shafiqul Islam Kajol, who feels that the charges against him under the DSA are politically motivated because he was sharing information that were exposing powerful people.

Cartoonist Ahmed Kabir Kishore still bears marks of wounds on his legs allegedly from torture and has difficulty walking. He said he was picked up from his Dhaka residence by men in plainclothes, interrogated and tortured in custody of one or more security agencies for two days prior to 5 May 2020, the date stated in official records of his arrest. The interrogators questioned him heavily about a caricature of a businessman he had drawn, his knowledge about him, motive behind the drawing and inquired about his knowledge about a few other individuals. “Every time they were not pleased with an answer, they hit me on my legs, ankles and soles of my feet,” Ahmed Kabir Kishore told Amnesty International. Someone from behind slapped on both sides of his head with their palms of both hands during the interrogation. As a result of the torture, he said, he bled through his right ear and now requires a hearing aid.

Emdadul Haque Milon, a pharmacist and contractor, said that a local political leader of ruling Awami League party had him detained on 3 March 2020to stop him from submitting a proposal for a government project that subsequently went to the politician’s son-in-law. He was released on bail after 23 days.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 19 RECOMMENDATIONS

AMNESTY INTERNATIONAL URGES THE BANGLADESHI AUTHORITIES TO:

Repeal the Digital Security Act unless it can be promptly amended in line with international human rights law and standards, including the ICCPR to which Bangladesh is a state party;

Immediately and unconditionally release, and drop all charges against all those accused solely for exercising their right to freedom of expression;

Promptly, thoroughly, impartially, independently and transparently investigate the death in prison of Mushtaq Ahmed, and the allegations of torture and other ill-treatment of Ahmed Kabir Kishore and bring all those responsible to justice in fair trials without recourse to the death penalty;

Draft legislation or incorporate provisions within existing laws to provide an effective remedy and adequate reparations for human rights violations, including undue restrictions of the right to freedom of expression and breaches of privacy;

Ensure public participation, including members of the press, in drafting any legislation and policy related to cyber space before they are approved by the cabinet or passed at the parliament;

Decriminalize defamation and treat defamation as a matter of civil litigation;

End indefinite pretrial detention of people unless a court finds specific, concrete and compelling reason to do so in the interest of justice and safety. Such a decision must be reviewed frequently and be subject to appeal;

End the practice of unlawful arrest and detention of individuals under the DSA, in line with Article 9 of ICCPR and directive of the Appellate Division of the Supreme Court of Bangladesh;

Submit without further delay, for the consideration of the Human Rights Committee, the second periodic report under the International Covenant on Civil and Political Rights; Engage constructively with the UN Special Procedures, including by: • issuing a standing invitation to the UN Special Procedures and inviting the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to carry out an independent assessment of the situation, ensuring unfettered access to relevant stakeholders and locations; • responding to the numerous communications by UN Special Procedures, in particular to the communications from the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders regarding the compatibility of the DSA with international human rights law.

20 NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE AMNESTY INTERNATIONAL URGES UNITED NATIONS MEMBER STATES TO:

Raise concern at the ongoing crackdown on freedom of expression online against journalists, artists, students and activists in the form of enforced disappearance, arrest, indefinite detention, torture, and even death in prison of people solely for exercising dissent and encourage the implementation of the above recommendations;

Encourage Bangladesh to implement, as a matter of urgency, the recommendations they accepted at the Universal Periodic Review with regards to legislative reform and efforts to protect and promote the right to freedom of expression;

Hold Bangladesh to account for its obligations and commitments as a member of the Human Rights Council, including the specificvoluntary pledge to “preserve freedom of the press and promote the constructive role of civil society and print, electronic and social media in the promotion of human rights at all levels,” as well as its obligation to cooperate with the Special Procedures;

Explore ways to provide technical assistance and exchange of good practices to draft legislation or incorporate provisions within existing laws to provide an effective remedy and adequate reparations for human rights violation, including undue restrictions on the right to freedom of expression and breaches of privacy.

NO SPACE FOR DISSENT | BANGLADESH'S CRACKDOWN ON FREEDOM OF EXPRESSION ONLINE 21 22 Critical Crackdown: Freedom of Expression Under Attack in Malaysia AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT FOR HUMAN RIGHTS. WHEN INJUSTICE HAPPENS TO ONE PERSON, IT MATTERS TO US ALL.

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