Punishing the dissenter


Concerns about Safety of Mahmudur Rahman

The chronology of events that led to the arrest of Acting Editor of Amar Desh is scandalous by the very nature by which government abused executive power misused legal instruments and scrapped constitutional rights.This will create serious problem in the efforts of the people to enable rule of law. Despite already precarious situation of Bangladesh, people intends to see  a reasonable space within the present nature of power to practice democratic values. Silencing the dissenting voice is also embarrassing for Bangladesh development partners who often sermon on human rights, freedom of thought, conscience and press. As we could notice, from the media the diplomatic community has expressed their concerns within the paradigm of their foreign policy objective in Bangladesh. But it is also clear that the blatant interventions that we used to the see during the past regime for wrong causes, of which Mahmudur Rahman was critical and vocal, is now pathetically timid and shy.

The government is filing one case after another against Mahmudur Rahman in order to keep him in the jail. A transparent judicial process free from the manipulation of the ruling regime could definitely conclude that all these allegations are simply fabricated, nasty tricks of politics. Nevertheless, what concerns us gravely is the repeated attempt to take Mahmudur Rahman for remand. Human Rights Defenders of Bangladesh are worried, because there were series of attempts on his life on several occasion. There is a culture of custodial torture and death in Bangladesh. In its latest update on Mahmudur Rahman the internationally acclaimed human rights organisation Odhikar in a statement issued on 6 June 2010 expressed their concern about the safety and life of Mahmudur Rahman. The Statement says:

Mahmudur Rahman, the Acting Editor of the Bengali Daily Amar Desh, was arrested under sections 419, 420 and 500 of the Penal Code under the Tejgaon Industrial Area Police Station Case No. 1(6)2010 and again under sections 143, 342, 332, 353, 186, 506, 114 of the Penal Code under the Tejgaon Police Station Case No 2(6)2010 on June 2, 2010. Mahmudur Rahman got bail in the first case but in the second case, which was filed after his arrest, he was not granted bail and sent to prison. On 2 June , 2010, a third case also filed against him, Case No.5 (6)2010 at the Kotwali Police Station. He was charged for obstructing government officials in their function, while he was already in custody. The prosecution prayed for seven days remand. On top of this, according to newspaper reports, the government is preparing a sedation case against him. The chain of events is very alarming. It is to be noted that Mahmudur Rahman has been physically attacked a couple of times. Heavy stones and bricks have been thrown at his car in Bangladesh and he was also attacked with a sharp object during his visit to London, which could have fatally injured him. Given this history the repeated attempts by the government to take him to remand is of grave concern to us.

Odhikar has always fought against custodial torture and death. Despite the fact that the government has made repeated promises to the international community regarding upholding human rights, gross violations of human rights have not abated in the country. In this context, Odhikar is deeply concerned about the life and safety of Mahmudur Rahman. We therefore, appeal to all the human rights defenders to write to the Prime Minister of Bangladesh to ensure the safety of Mahmudur Rahman and to stop all attempts to take him into remand, against the fundamental principles of human rights and international norms.

Ms. Sheikh Hasina

Honorable Prime Minister

Prime Minister’s Office

Old Sangsad Bhaban

Tejgaon, Dhaka-1215, Bangladesh

Tel: +880 2 8151157 (PS-I to PM)

Fax: +880 2 8153846

Email: info@pmo.gov.bd

According to the reports published in today's newspapers, another case has been filed against Mahmudur Rahman in Uttara police station, and the petitioner asked to take him to remand for 10 days. The repeated attempts to take Mahmudur Rahman to 'remand' is a very bad sign Unless human rights defenders mobilise opinion and protests we might be guilty of allowing a repressive government to indulge in grave human rights violation.

We have below recall the chronology of events that led to the arrest of Mahmudur Rahman to dispel government's claim that Amardesh has violated existing law regarding press and publications.


Chronology of Events

 

26 April, 2009: Amar Desh Publications Ltd informed the District Commissioner of Dhaka by a written letter stating that according to the decision of the Board of Directors the chairman of the Company Mahmudur Rahman is appointed as the Acting Editor of Amar Desh. It may be mentioned here that according to the Printing Press and Publication Act, 1973 the Ditrict Commissioner must be informed about appointing – withdrawal of Editor of Newspaper.

16 June, 2009: The Special Police- Super of Dhaka on behalf of District Commissioner informed Amar Desh Publications Ltd. that the District Commissioner has No Objection to the appointment of the Acting Editor.

3 September, 2009: The Amar Desh Publications Ltd applied to the District Commissioner to change of the name of Publisher, as per the Printing Press and Publication Act, 1973 and declared that in the court. At the same time, the replacement of the old publisher with the name of Mahmudur Rahman as the new publisher was formally notified to the District Commissioner in accordance with the law.

11 October, 2009: The Publisher Hasmat Ali Hashu went to the District Commissioner's office and signed the appropriate form stating his resignation as the publisher. This information was given by the District Commissioner in BBC interview.

5 November, 2009: The Film and Publications Directorate gave a No Objection Certificate for the change of publisher. The letter signed by Deputy Director Masuda Khatun stated, "The name of Alhaj. Hashmat Ali, publisher of Daily Amar Desh can be replaced with the name of Mahmudur Rahman".

15 March, 2010: The District Commissioner of Dhaka enquired to Amar Desh Publications Limited why the name of Hashmat Ali Hashu is still on the printer's line of the newspaper? In reply, Amar Desh informed that they were still waiting for the reply from the District Commissioner's office for their letter of notification to the District Commissioner. So they were compelled to continue the name of the earlier publisher according to the Printing Press and Publication Act, 1973. Accordingly, the company requested the DC office to expedite their decision.

1 June, 2010: The Tejgaon Thana Officer-in-Charge (OC) raided the press of the daily Amar Desh with armed forces and declared its closure by sealing the Press. They reported to the news media that since there was no legal publisher of the newspaper the declaration has been cancelled by the District Commissioner. However, they could not produce any paper in this regard. The papers were not even received by Amar Desh authorities from 1 June to 2nd June.

BBC (Bangla) Radio interview of the District Commissioner Mr. Muhibul Haque on 2nd June, 2010 is the only government version on the government action regarding the cancellation of the Declaration of Amar Desh.

The english translation of the transcript of the BBC interview

DC: Actually there is no publisher of Amar Desh at present. It means, there is no legal publisher. According to the Article 5 of the Press and Publication Act, 1973, any news paper must have a publisher and according to article 7, he must sign a declaration in our office. The publisher of this newspaper has signed a paper about his resignation as the publisher.

BBC: when did he do that?

DC: He signed on 11 October, 2009. The publisher was Alhaj Md. Hashmat Ali.

BBC: 11 October, 2009 ... and now it is 2010. So what happened all these days. Did you ask the Amar Desh the reason ......

DC: Yes, we wanted to know; we have given an official letter. They responded to us. They informed that there was no publisher; so this newspaper cannot be allowed ...... So I cancelled the declaration. I have done that.

BBC: So when you sent a letter to Amar Desh, did they agree in writing that that they did not have any publisher?

DC: yes, they did not have any publisher; they told us that they did not have a publisher.

BBC: And when did they inform you?

DC: They have informed us few days before

BBC: But who responded to your letter on behalf of Amar Desh. If they did not have a publisher?

DC: The Acting Editor

BBC: Amar Desh has told us that they sent a letter to you for your approval of the change of the publisher's name. Then what happened?

DC: Not for the change of publisher. The earlier publisher signed a form of resignation. Then another person wanted to become the publisher, but it did not fit into our criteria, therefore was refused. So now there is no publisher of Amar Desh.

BBC: What does it mean that it did not fit into your criteria? If you could explain the process of your refusal of the request for change of publisher's name...

DC: The process is that according to the Act, they have applied for approval, then we gave it for investigation. There was a negative response from the investigation. So we could not give approval to the publisher who has applied. Mahmudur Rahman has applied, but we could not appoint him...

BBC: Why was his application rejected? Can you please tell us, what was the problem found against him in the investigation...

DC: We have given an official letter regarding this. There are many issues here. This cannot be explained in such a short time....

BBC: When did you let him know about it?

DC: Today, we informed him....

..........................................

Amar Desh’s communication with DC

We have the letters that Amar Desh provided to the district administration to go by the existing Press and Publication Act. Till today, 7 June 2010, the interview given by the District Commissioner to BBC Bangla is the only position one could guess as government's position, that could hardly stand the court of law. This is the reason why government is desperate to fabricate various other cases against him.

In response to BBC’s 1st question the DC admitted that in 11th October 2009 the ex-publisher resigned formally. But what he hided is, 3 months before the resignation of ex-publisher, in 3rd September 2009 the authority of the Amar Desh Publications Ltd. formally informed district administration by written letter that, the company has changed the publisher and it is applying for the no-objection letter from the administration in this regard. The Deputy Commissioner is conspicuously silent on this matter in order to justify fabricated charge against Mahmudur Rahman. The claim that Amar Desh dos not have a publisher implies that through administrative inaction the District Commissioner intended to efface the existence of an editor as well as the on going administrative and legal process to regularise the change of ownership and appoinment of editoror other matters. The DC should either have clearly notified to the authorities of Amar Desh that Mahmudur Rahman is not acceptable. In that case the Amar Desh could come up with different name.

The DC said, “They informed that they (Amar Desh) have no publisher”. Nevertheless, in response of administrations 15th march’s letter there is no such word in Amar Desh’s letter. Furthermore, the newspaper authority reminded the administration that as they did not say anything at all about Amar Desh’s 3rd September 2009 letter regarding the alteration of publisher, they are writing the name of their old publisher. According to the Press and Publication Acts this was the only option available to Amar Desh.

The farce of the whole drama reaches the apex when DC told that, “we informed today (1st June)”. What it implies? It means by sending riot police into newspapers office to shut down the press and illegally breaking and entering into newspapers office without any warrant, beating journalists and later snatching the editor, the govt. indeed brutally communicated to Amar Desh authority that, “we could not approve Mahmudur Rahman to be the publisher”.

Reporters from Chintaa were present throughout the night along with other reporters from various media to witness the midnight raid and the brutality with which a dissent voice has been silenced. There was no official letter sent to Amar Desh’s office. It was blatantly an operation to demonstrate that government does not care about the rule of law, and have absolutely no hesitation to violate human rights, particularly the violation of the constitutional guarantee of freedom of thought, conscious and expression.

Prime Minister took charge of District Deputy Commissioner!

The information minister told parliament in 2 June, “It is the duty of DC to postpone newspapers declaration”. According to 1973 Printing Press and Publications act it is the duty of DC indeed. But, after the application of Amar Desh to the Film and Publication office of the government, although the intelligence agency gave clearance, the DC office was not giving clearance on the ground that Prime Ministers office did not give clearance. Off the record, the DC office officials admitted the fact that this issue was under judgment in prime ministers office. Our question is that when did the Prime Minister take the charge of Deputy Commissioner?

The fact might be that exclusively in the case of Mahmudur Rahman the prime minister has degraded her to the office of District Commissioner, a shame for both the government and the country. As if that was not enough she had to finally send police, disconnect satellite TV connection and escalator, create blockade, refuse food and water to be supplied to the people in the Amar Desh office, beat the journalists by batons, and vilently snatch the editor Mahmudur Rahman without any papers or warrant. Defiance of all constitutional rights, law and international norms of human rights the act of the government is hardly different from any armed criminals or terrorists. Proving again, that the state terrorism is the first and foremost evil people must confront if they are determined to create a democratic polity.

Whereas the police was supposed to be tried because of breaking and entering into a private establishment of newspaper illegally, the police filed new case against Mahmudur Rahman on the ground, what they call preventing police from their duties.

The closure of Amadesh and arresting Mahmudur Rahman signals the rapidly deteriorating political scenario of Bangladesh. It is urgent that the grievous threat to democracy and freedom of speech and media is condemned globally. It happened in a row of the closure of 2 TV channels and Facebook for so called sensitive reasons. This govt. did ban YouTube in the February 2009 as well.

Arresting the editor of Amar Desh by Riot Police and trying to take him to remand for the so called 'interrogation' at any cost demonstrate elements of virulence within certain section of the government and it is urgent that government is warned of this move. The remand system is notorious for inhuman torture and sometimes it makes lifetime trauma. The journalists and other democratic activists fear that the repeated remand application by a section of the people in the government is only to brutally assault Mr. Mahmudur Rahman, rsponsibility of which consequently will have to be shoulderd by the Prime Minister Sheikh Hasina and her government as a whole.

Government should come to its senses.

 

 


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