Is Press Freedom at Stake in Bangladesh?
The acting editor of a politically-affiliated Bangladesh newspaper has been sentenced to six months in prison and a fine of about £920 for contempt of court. Mahmudur Rahman has been in pre-trial detention since June 1 after several of charges were brought against him in connection with his publication's work.
The judgment represents the first time the Supreme Court has jailed anyone for contempt, and the sentence imposed is the maximum permitted by law, sources said.
The sentencing comes two months after a court ruled that Rahman, along with four other staff members were in contempt of court, as the result of an article in Amar Desh published on April 21 which criticised the judiciary, according to local news reports.
The charge was brought by Supreme Court lawyers who filed the petition on May 2. On June 2 the Apex Court found four of the five journalists in contempt (a news editor was pardoned), according to a report in Bangladesh's Daily Star newspaper.
Under Bangladesh law, anything that maligns or scandalises the court of law in the eyes of the public is considered to be contemptuous, and the statement's truth is not a defence, a legal counsellor in Bangladesh said.
Rahman was originally arrested on June 1 during a raid on Amar Desh, but bailed the next day. Four further charges, however, relating to the obstruction of police business, were immediately brought against him and he was jailed pending trial, the legal counsellor said.
It is also alleged in the local media that he was tortured in the detention cell and during the remand period.
Constitutional guarantee
The move comes only a month after Government banned the pro-opposition private television network, Channel 1, accusing it of "violating rules". The last eighteen months have also seen the closure of Channel Jamuna TV, a prominent blog called DeshCalling, Youtube and Facebook on various pretexts.
In addition, several TV talk shows have been cancelled and broadcast restrictions imposed to prevent 'wrong' guests being invited on to television programmes. Newspapers editors have been asked not to print material criticising the Government and its policies.
These actions do not comply with the State's constitutional guarantee to promote and protect freedom of expression within "reasonable restriction". Journalists must attempt to minimise the abuse of power but the Government must also try to understand why and how press freedom can enrich human lives, enhance public justice, and even help to promote economic and social development.
Balanced reporting, looking at both sides of an issue, is the hallmark of journalistic integrity. To disallow criticism merely for partisan reasons, whether such censorship is enforced by the government or by powerful private citizens, is a betrayal.
The judgment represents the first time the Supreme Court has jailed anyone for contempt, and the sentence imposed is the maximum permitted by law, sources said.
The sentencing comes two months after a court ruled that Rahman, along with four other staff members were in contempt of court, as the result of an article in Amar Desh published on April 21 which criticised the judiciary, according to local news reports.
The charge was brought by Supreme Court lawyers who filed the petition on May 2. On June 2 the Apex Court found four of the five journalists in contempt (a news editor was pardoned), according to a report in Bangladesh's Daily Star newspaper.
Under Bangladesh law, anything that maligns or scandalises the court of law in the eyes of the public is considered to be contemptuous, and the statement's truth is not a defence, a legal counsellor in Bangladesh said.
Rahman was originally arrested on June 1 during a raid on Amar Desh, but bailed the next day. Four further charges, however, relating to the obstruction of police business, were immediately brought against him and he was jailed pending trial, the legal counsellor said.
It is also alleged in the local media that he was tortured in the detention cell and during the remand period.
Constitutional guarantee
The move comes only a month after Government banned the pro-opposition private television network, Channel 1, accusing it of "violating rules". The last eighteen months have also seen the closure of Channel Jamuna TV, a prominent blog called DeshCalling, Youtube and Facebook on various pretexts.
In addition, several TV talk shows have been cancelled and broadcast restrictions imposed to prevent 'wrong' guests being invited on to television programmes. Newspapers editors have been asked not to print material criticising the Government and its policies.
These actions do not comply with the State's constitutional guarantee to promote and protect freedom of expression within "reasonable restriction". Journalists must attempt to minimise the abuse of power but the Government must also try to understand why and how press freedom can enrich human lives, enhance public justice, and even help to promote economic and social development.
Balanced reporting, looking at both sides of an issue, is the hallmark of journalistic integrity. To disallow criticism merely for partisan reasons, whether such censorship is enforced by the government or by powerful private citizens, is a betrayal.
Condemnation abroad
The Government's restrictions over media freedom in general, including the banning of Amar Desh and the arrest and alleged treatment of its acting editor, Mahmudur Rahman, in particular have been seriously protested and condemned, both nationally and internationally.
The editors of 27 national dailies, weeklies, news agencies and periodicals in a joint statement on June 5 demanded the immediate withdrawal of the order cancelling the declaration of the daily Amar Desh and release of Rahman.
British and US diplomats in Dhaka have also expressed concerns at the Government's attempt to gag the media. In a statement, Reporters Without Borders, a Paris-based international media watchdog, said, "The night-time raid by armed police on the daily's headquarters and the use of force to arrest Rahman are all unworthy of a government that claims to respect the rule of law."
The International Press Institute (IPI), a Vienna-based organisation, also expressed concerns. "We are concerned that the Bangladeshi government is using administrative sanctions to limit the newspaper's ability to criticise its policies," said IPI Director, David Dadge. "I urge Prime Minister, Sheikh Hasina, to live up to her promises and ensure that journalists are allowed to distribute information and opinions free of harassment or intimidation."
Other organisations condemning their concern for Rahman and the closure of Amar Desh include: The Voice for Justice World Forum, Justice for Bangladesh, Journalist Rights International, Amar Desh Readers Forum, and the Campaign for Freedom of Press.
Government motives
According to journalist Shafiq Rehman, Amar Desh and Rahman are targets of Government vendetta for five reasons: The paper has published the following offensive material:
1. Regular reports on the deteriorating law and order situation exposing the criminal activities of its youth and student wings
2. Statistical reports on the increase in the price of essential items
3. A report on the connection of Sheikh Hasina's son Shajib Wajed Joy with the US oil giant Chevron and alleged corruption
4. A report that the father of Engineer Mosarraf Hossain, a minister and Sheikh Hasina's close relative, was a 'razakar'[traitor] (a fact also confirmed by Hasina's deputy Sajeda Chowdhury)
5. A report on the connection of state minister Kamrul Islam and his family with 'Hekimi' or 'Islamic' medicine business and other allegations. (Daily Naya Diganta, June 6) is helpless.
The responsibility of the media is to lead the people to the path of truth with accurate reports. A journalist's role is to speak for the oppressed, the poor, and victims of torture. The media must fight for the establishment and implementation of rule of law, the introduction of true democracy in state machineries and the political system. Let us allow our media to represent these diverse opinions freely without government interference, threat, and intimidation.
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