Activist harassed under political influence
Emdadul Haque Milon, 34, was arrested by the police on 3 March 2020. The next day, a case under the draconian Digital Security Act (DSA) was apparently filed against him by Billal Hossain Sarker, a ruling party politician in Muktagachha, Mymensingh. Amnesty International has earlier called on the Bangladesh government to release him without further delay. He has been released on bail on 26 March 2020 after serving 23 days in prison. The case against him however, continues.
Emdadul Haque Milon posted on his Facebook account on 27 February 2020 that “Inviting Modi, an oppressor of Muslims at the birth centenary of Mujib is an insult to the Bengali nation’s pride, Bangabandhu, and people of Bangladesh will not welcome that.”
The police used this Facebook post and accused that he also shared a post with a satirical image of Bangladeshi minister Obaidul Quader to express his dissatisfaction of the electronic voting system. Emdadul Haque Milon has denied sharing anything about Obaidul Quader and said that the police did not find such a post on his Facebook.
Police accused him for publishing “offensive” and “defamatory” content and “deteriorating law and order” respectively under sections 25(2), 29(1) and 31(2) of the DSA. If convicted, he could face up to seven years in jail and/or a fine of up to 500,000 takas.
“When the government is asking everyone to refrain from commenting about Indian Prime Minister Narendra Modi…and the honourable secretary of Awami League [Muktagachha unit] has come to the police station to file a case, it means there is deterioration of law and order,” Biplob Kumar Bishwas, officer-in-charge of Muktagachha Police Station in Mymensingh told Amnesty International.
The police official’s explanation contradicts Article 19 of the International Covenant on Civil and Political Rights that clearly states, “Everyone shall have the right to hold opinions without interference.”
“He [Emdadul Haque Milon] has insulted a person. He does not have a right to insult a person. He has posted a distorted image of our honourable secretary [Obaidul Quader]. We have filed the case after consulting with the administration,” said Billal Hossain Sarker, the ruling party politician and plaintiff of the case, to Amnesty International.
Under international human rights law, the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties. In particular, the UN Human Rights Committee has called on States to consider the decriminalization of defamation, and instead treat it as a matter of civil litigation.
The UN High Commissioner for Human Rights has called on Bangladesh to “urgently revise the Digital Security Act (DSA), to ensure that it is in line with international human rights law and that it provides for checks and balances against arbitrary arrest, detention, and other undue restrictions of the rights of individuals to the legitimate exercise of their freedom of expression and opinion”.
Emdadul Haque Milon feels that the case was filed by the ruling Awami League party politician abusing his power to stop him from submitting a proposal for a government contract that subsequently went to the politician’s son-in-law.