Shahidul Alam Granted Bail After 102 Days in Custody, Countless Petitions

A vocal critic of the Sheikh Hasina government in Bangladesh, the 63-year-old photojournalist had been arrested on August 5.

New Delhi: A court in Bangladesh has granted bail to 63-year-old Shahidul Alam, the award-winning photojournalist, teacher and activist  who was arrested on suspicion of spreading “propaganda and false information” during widespread student protests, in a case widely seen as a test for freedom of speech ahead of a general election next month.

“The high court granted his permanent bail considering his age and the time he spent behind bars,” the the Daily Star reported.

According to the Dhaka Tribune, “A bench of Justice Sheikh Abdul Awal and Justice Bhishmadev Chakrabortty passed the order on Thursday. Deputy attorney general Bashir Ullah appeared for the state while Sara Hossain and Jyotirmoy Barua appeared for Shahidul Alam during the court session.”

There is no legal bar for Shahidul to get released from jail following the high court verdict, Barua told the Daily Star.

Also read: ‘The Tide Will Turn’: Read Arundhati Roy’s Letter to Jailed Bangladeshi Photographer Shahidul Alam

“We’re delighted that ultimately the court has granted him bail,” Hossain said, adding she expected her client to be out soon.

The government’s top lawyer said it would appeal the high court decision. “We will soon appeal to the Supreme Court against this bail decision,” attorney general Mahbubey Alam said, adding Shahidul Alam had lowered the government’s image through his propaganda.

Also read: Why the Bangladesh Government Is Scared of Shahidul Alam

Alam was picked up from his home by plainclothes policemen without a warrant, hours after conducting two Facebook Live sessions and giving an interview to television channel Al Jazeera, in which he accused the government of extrajudicial killings and corruption – accusations the government dismissed.

(With inputs from Reuters)

On Day 100, 34 Eminent South Asians Write to Bangladesh PM for Shahidul Alam’s Release

“His arrest and continued detention appear to be manifestation of an intolerant political atmosphere, an attempt to threaten and silence the voice of Bangladeshi citizens.”

New Delhi: Exactly one hundred days ago on August 5, internationally recognised and award-winning photojournalist, teacher and activist Shahidul Alam was picked up from his home in Dhaka by plainclothes policemen without a warrant, just hours after he went live on Facebook to describe the student protests in the city and how he was attacked by members of the ruling party while covering a demonstration.

A vocal critic of the Sheikh Hasina government in Bangladesh, Alam has been in custody since despite many pleas from across the world to have him released. In the latest petition to Prime Minister Sheikh Hasina, 34 eminent South Asians have written to her, demanding that he be released.

Also read: Why the Bangladesh Government Is Scared of Shahidul Alam

The signatories, who include Arundhati Roy, Aparna Sen, Romila Thapar, Amitav Ghosh, Ramachandra Guha, Vrinda Grover, Vikram Seth and Raghu Rai, said: “It is clear to us that the case of Shahidul Alam is being used as a means to suppress criticism by others in civil society. His arrest and continued detention appear to be manifestation of an intolerant political atmosphere, an attempt to threaten and silence the voice of Bangladeshi citizens.”

The letter notes: “Shahidul Alam is a Bangladeshi citizen, but the rest of us in South Asia are also proud to call him our own, for the values of truth, justice and social equality he promotes.”

Accused of violating section 57 of Bangladesh’s Information and Communication Technology Act and ‘hurting the image of the nation’, Alam has been denied bail five times. Just a week after being arrested, The Wire carried a note written by his partner Rahnuma Ahmed which spoke of how Alam, when produced before the magistrate, told of how he had been tortured in custody.

Also read: Petition Demanding Release of Dr. Shahidul Alam Signed by Global Group of Intellectuals

“He was unable to walk by himself when he appeared in court in August, and he told friends that he had been beaten up by the authorities,” Amnesty had reported.

“As believers in the rule of law, we are shocked to learn that government lawyers continue to oppose Shahidul Alam’s release on bail using various stratagems and delays intended to deprive him of his fundamental rights to liberty and due process,” the letter reads. 

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The full text of the letter has been reproduced below:

Subject: Appeal for release of Shahidul Alam on 100th day in custody

Your Excellency:

As well-wishers of Bangladesh and supporters of its 166 million citizens’ struggle for dignity, social justice and prosperity, we are distressed by the continued imprisonment of photographer and cultural activist Shahidul Alam.

Since the founding of the nation in 1971, the people of Bangladesh have led by example, fighting poverty, ending social injustices and being standard-bearers of participatory development. This advance has been made possible by the democratic spirit of the people, who have challenged military rulers and autocrats alike. As well-wishers of Bangladesh, we fear that these gains are in danger due to the rising political intolerance and denial of fundamental freedoms.

Shahidul Alam is a Bangladeshi citizen, but the rest of us in South Asia are also proud to call him our own, for the values of truth, justice and social equality he promotes. His work and activism are respected all over our region and beyond, with innumerable friends who admire his concern for the voiceless and marginalised. One example is his latest work highlighting the tragedy of the Rohingya people, who have been given refuge in Bangladesh by your Government.

Since Shahidul Alam was forcefully taken from his home on the 5th of August, he was remanded first in Detective Branch custody for seven days and, then held at Dhaka Central Jail at Keraniganj. He is accused of ‘hurting the image of the nation’ while reporting on protests by young students demanding road safety.

It is clear to us that the case of Shahidul Alam is being used as a means to suppress criticism by others in civil society. His arrest and continued detention appear to be manifestation of an intolerant political atmosphere, an attempt to threaten and silence the voice of Bangladeshi citizens. With the country preparing for general elections, this is a time when there should be more space for debate and discussion, not less.

As believers in the rule of law, we are shocked to learn that government lawyers continue to oppose Shahidul Alam’s release on bail using various stratagems and delays intended to deprive him of his fundamental rights to liberty and due process. Across South Asia, politicians and citizens have fought for the right to speak, and to write, and it is astonishing to us that a government today, especially one which seeks to harness technology for progress, should choose to use a law to proscribe online speech to jail a citizen.

Prime Minister, we the undersigned urge you to ensure the release of Shahidul Alam on this, the 100th  day of his detention. We look forward to Bangladesh retaining its place as an exemplar of participatory democracy in South Asia.

Sincerely,

1.   Akram Khan, London

2.   Amar Kanwar, New Delhi

3.   Amitav Ghosh, Goa

4.   Anish Kapoor, London

5.   Aparna Sen, Kolkata

6.   Arundhati Roy, New Delhi

7.   Ashok Vajpeyi, New Delhi

8.   Buddhadeb Dasgupta, Kolkata

9.   Dayanita Singh, New Delhi

10. Ina Puri, Kolkata

11. Jayadeva Uyangoda, Colombo

12. Kanak Mani Dixit, Kathmandu

13. Laila Tyabji, New Delhi;

14. Manjushree Thapa, Toronto

15. Mohammed Hanif, Karachi

16. Moushumi Bhowmik, Kolkata

17. Nandita Das, Kolkata

18. Nimalka Fernando, Colombo

19. Patricia Mukhim, Shillong

20. Pooja Sood, New Delhi

21. Rachana Singh, New Delhi

22. Raghu Rai, New Delhi

23. Rajdeep Sardesai, New Delhi

24. Ramchandra Guha, Bangalore

25. Romila Thapar, New Delhi

26. Salima Hashmi, Lahore

27. Sanjay Kak, New Delhi

28. Sanjoy Hazarika, Shillong

29. Sankha Ghosh, Kolkata

30. Shabana Azmi, Mumbai

31. Sushila Karki, Kathmandu

32. Vijay Prashad, New Delhi

33. Vikram Seth

34. Vrinda Grover, New Delhi

Note: An earlier version of the article said there are 33 signatories to the petition; Vikram Seth’s name was missing.

Petition Demanding Release of Dr. Shahidul Alam Signed by Global Group of Intellectuals

Alam’s arrest came in the wake of student protests in Bangladesh after a speeding bus killed two teenagers on July 29.

New Delhi: After the unceremonious arrest of prominent Bangladeshi photographer Dr. Shahidul Alam, triggered by an interview with Al Jazeera, a group of scholars and lawyers has released a petition demanding his immediate release. Alam was arrested on August 5, hours after the video went up. The next day, he was charged under Section 57 of Bangladesh’s Information Communications Technology Act, a comprehensive law against electronic communication that “tends to deprave or corrupt” the state.

Also Read: Bangladesh: Concerns Over Free Speech Continue With Opposition-Linked Lawyer’s Arrest

Alam’s arrest came in the wake of student protests in Bangladesh after a speeding bus killed two teenagers on July 29. Protestors took to the streets to demand road safety in a country where, according to Al Jazeera, over 7000 people are killed in traffic accidents each year. In the interview, Alam argued that the protests were fueled by “larger” factors than simply road safety. Among the issues he highlighted were  “the looting of the banks and the gaggling of the media”, “extrajudicial killings, disappearings, bribery and corruption”. Perhaps most contentiously, he discussed the declining credibility of PM Sheikh Hasina Wazed, an unacceptable criticism in the eyes of the government.

The petition addressed to PM Wazed is reprinted below.

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To: Sheikh Hasina Wazed,

Hon’ble Prime Minister of Bangladesh

14, October 2018

PETITION DEMANDING RELEASE OF DR. SHAHIDUL ALAM

Madam Prime Minister,

We, the undersigned strongly condemn the detention of Dr. Shahidul Alam, Managing Director, Drik, since 5th August 2018. He was arrested after being interviewed on the Al-Jazeera English news channel, where he had criticized the Bangladeshi government’s response to student protests calling for safer roads after two students were killed and 13 others injured by a speeding bus while waiting at a bus stop. The student protests have been met by disproportionate police force, including the use of tear-gas and rubber bullets, resulting in more than two hundred students being injured.

Global protests on Dr. Alam’s incarceration continue unabated and have included statements made by 12 Nobel Laureates, many eminent citizens and journalists across the globe. We add our voices to theirs.

Dr. Alam has worked tirelessly for decades to promote the welfare of Bangladeshi citizens through his photography and journalism, and to bring national and international attention to their resilience in the face of adversity and oppression. His photographs echo the voices of the people. Dr. Alam’s continued detention is counter to the principles of democracy and freedom of opinion.

Continued detention of Dr. Alam is contrary to the foundational values of rule of law and fundamental rights embodied the Constitution of Bangladesh and its commitments under international law to uphold human rights, fundamental freedoms and civil liberties of its citizens. It is also gravely tarnishing Bangladesh’s image and reputation.

We call for the immediate release of Dr. Shahidul Alam and that all charges are dropped against him in this connection. We also condemn and call for a stop to all other human rights violations in Bangladesh including repression and/or arbitrary detention and to ensure freedom of expression, assembly and association for all.

Signatories:

1. Romila Thapar Professor Emerita, Jawaharlal Nehru University, New Delhi, India. Romila.thapar@gmail.com

2. Mark Sidel Professor, Law and Public Affairs University of Wisconsin-Madison, USA mark.sidel@wisc.edu

3. Rajeev Dhavan Advocate, Supreme Court of India rdhavan@gmail.com

4. Osama Siddique Executive Director, Law and Policy Network, Pakistan. dr.osamasiddique@gmail.com

5. Mitra Sharafi Professor of Law, University of Wisconsin Law School, USA mitra.sharafi@wisc.edu

6. David Lewis Professor of Social Policy and Development, Department of Social Policy lewisd100@gmail.com

7. Ali Riaz Professor of Political Science, Illinois State University, USA ariaz@ilstu.edu

8. Maya Jasanoff Professor of History and Harvard College Professor Center for European Studies Harvard University, USA. mjasanof@fas.harvard.edu

9. Aziz Rana Professor of Law, Cornell Law School, USA

10. Cyra Choudhury Professor of Law, Florida International University Law School, USA choudhuq@fiu.edu

11. Rohit De Assistant Professor, Department of History, Yale University, USA rohit.de@yale.edu

12. Surabhi Chopra Associate Professor, Faculty of Law, Chinese University of Hong Kong surabhic@cuhk.edu.hk

13. Chaumtoli Huq Associate Professor, CUNY Law School, USA

14. Prabhakar Singh Associate Professor of Law, Jindal Global Law School, India prabhakarsingh.adv@gmail.com

15. Usha Natarajan Usha Natarajan, Associate Professor, Department of Law and Associate Director of the Center for Migration and Refugee Studies, American University in Cairo, Egypt. unatarajan@aucegypt.edu

16. Narendra Subramanian Professor & Director of Undergraduate Studies, Department of Political Science, McGill University, Canada narendra.subramanian@mcgill.ca

17. Rituparna De Advocate, Calcutta High Court, India derituparna@yahoo.co.in

18. Sumudu Atapattu Director of UW Law School Research Centers, University of Wisconsin Law School, USA sumudu.atapattu@wisc.edu

19. Tariq Omar Ali Assistant Professor, History, University of Illinois at Urbana-Champaign, USA toali@illinois.edu

20. Neeti Nair, Associate Professor of History, University of Virginia, Global Fellow, Woodrow Wilson Center, 2018-20,USA nn2v@virginia.edu

21. Rachel Sturman, Associate Professor Department of History & Asian Studies Program, Bowdoin College, USA rsturman@bowdoin.edu

22. Amarta Ghose Advocate, Calcutta High Court, India. amarta_ghose@yahoo.co.in

23. Toby Goldbach Associate Professor, School of Law, University of British Columbia, Canada goldbach@allard.ubc.ca

24. Dina Siddiqi Clinical Associate Professor, Liberal Studies, New York University dms17@nyu.edu

25. Matthew Corrigan General Counsel, Australian Law Reform Commission, Australia Matt_corrigan@yahoo.com

26. Nusrat Chowdhury Assistant Professor of Anthropology, Amherst College, USA nchowdhury@amherst.edu

27. Shanthi Senthe Assistant Professor, University of Windsor Faculty of Law, Canada shanthisenthe@hotmail.com

28. Maryam Khan Institute of Development and Economic Alternatives (IDEAS), Pakistan Maryam.paro@gmail.com

29. Samiya Ahmed Selim Associate Professor and Director Center for Sustainable Development, University of Liberal Arts Bangladesh samiya@gmail.com

30. Srimati Basu Professor of Gender and Women’s Studies and Anthropology, University of Kentucky, USA Srimati.basu@uky.edu

31. Shahnaz Rouse Professor, Sarah Lawrence College, USA srouse@sarahlawrence.edu

32. Sanele Sibanda Senior Lecturer, University of the Witwatersrand, Johannesburg Sanele.sibanda@gmail.com

33. Mostofa Haider Lecturer, Law, Curtin University, Australia Mhaider2@gmail.com

34. Cristina Blanco Sío-López Global Young Academy Cristina.Blanco.Sio-Lopez@EUI.eu

35. Dr Kalpouzos Lecturer in Law, City University, U.K. ioannis.kalpouzos.1@city.ac.uk

36. Mircea Raianu Assistant Professor, Department of History, University of Maryland, U.S.A. mraianu@umd.edu

37. Subho Basu Associate Professor, Department of History and Classical Studies, McGill University, Canada subho.basu@mcgill.ca

38. Rishad Choudhury Assistant Professor, History, Oberlin College, USA Rishad.Choudhury@oberlin.edu

39. Melissa Crouch Senior Lecturer, University of New South Wales, Australia melissa.crouch@unsw.edu.au

40. Daud Ali Associate Professor, South Asian Studies, University of Pennsylvania, USA. daudali@sas.upenn.edu

41. Svati Shah Associate Professor, University of Massachusetts, Amherst svatipshah@wost.umass.edu

42. Auritro Majumder Assistant Professor, Department of History, University of Houston amajumder@uh.edu

43. Tania Saeed Assistant Professor, Lahore University of Management Sciences, Pakistan Tania.saeed@lums.edu.pk

44. Summaiya Zaidi Advocate, Sindh High Court, Pakistan Zaidi.summaiya@gmail.com

45. Nida Kirmani Associate Professor, Sociology, nidakirmani@gmail.com

School of Humanities and Social Sciences Lahore University of Management Sciences, Pakistan.

46. Waqas Butt Assistant Professor, Anthropology, University of Toronto, Canada waqas.butt@utoronto.ca

47. Hana Shams Ahmed Graduate Student, York University, Canada Hana.s.ahmed@gmail.com

48. Utpal Sandesara Graduate Student, Anthropology, University of Pennsylvania utpals@mail.med.upenn.edu

49. Natasha Raheja Postdoctoral Associate, Cornell University, USA nraheja@cornell.edu

50. Max Stille Research Scientist, Max Planck Institute, Germany. stille@mpib-berlin.mpg.de

51. Saad Quasem Graduate Student, Anthropology, University of Virginia, USA sqsnw@virginia.edu

52. Mizanur Rahman Graduate Student, Political Science, University of Illinois State University, USA mrahman@ilstu.edu

53. Cynthia Farid Graduate Student, University of Wisconsin Law School, USA farid@wisc.e

Why the Bangladesh Government Is Scared of Shahidul Alam

The photographer’s arrest shows that the government wants to make sure that not only will Alam keep his mouth shut in the future, but also ensure that other independent minded non-partisan individuals do the same.

The arrest of eminent Bangladeshi photographer Shahidul Alam by over 25 detective branch officers on Sunday night is a clear indication of an increasingly nervous and authoritarian government in Bangladesh as national elections approach.

Far worse things, of course, have happened to many more people in recent months and years under the current Awami League government.

Hundreds have been picked up by law enforcement agencies and disappeared for weeks or months at a time, with the whereabouts of many remaining unknown. Extra-judicial killings have been widespread, resulting in the deaths of over 200 people under the rubric of a war on drugs in the last few months. Many thousands of others have been arrested under false cases and detained for months before receiving bail for saying the wrong things or belonging to the wrong political party. And of course, just in recent days, students and journalists have been attacked by governing party student wing members, with some suffering serious injuries.

So, in the context of these widespread human rights abuses, the detention of Shahidul Alam – who has a significant national and international following demanding his immediate release – may not appear that significant.

However, it is.

This is because the government is scared of people like Alam who are not only independent minded, widely respected and non-partisan but also  willing to speak their mind. Whilst such people are few and far between in Bangladesh – it is difficult to think of many others with his boldness right now – the government of Bangladesh wants to make sure that this remains the case by scaring those few others who, like him, have the confidence, ability and eloquence to articulate a holistic critique of the current political situation.

It seems that the only rationale for Alam’s detention is that the government wants them to know that they too will be picked up, detained and charged if they try to do something similar.

The police have filed a case against the photographer for his social media comments under Section 57 of the Information and Communication Technology Act 2006 alleging that he “disseminated false, confusing and provocative statements that could deteriorate the law and order situation, as well as incite the sentiment of students to engage in destructive activities.”  Though it is unclear exactly which posts the police are referring to in making this allegation, the experience of similar prosecutions under this section – which results in a minimum sentence of seven years imprisonment on conviction – suggest that the police are very good at taking  “truth, clarity and good sense” and simply defining them as “falsehood, confusion and provocation”.

However, what the government must really be concerned about is what Alam said in an interview he gave on Al Jazeera Television just hours before he was picked up.

These are things that the government does not want others to say from within the country.

When asked about whether the protests, triggered by the death of two young school students about road safety, suggested that something “larger was going on”, he answered, “very much larger.”

He then set out a litany of concerns that people had against the government; starting with its “lack of a mandate to rule” as the majority of MPs were elected unopposed in the most recent 2014 elections since the opposition parties refused to take part. As a result, he said, the government “has been clinging on by brute force”.

Alam then went on to refer to, “The looting of banks, the gagging of the media …. the extra-judicial killings, the disappearances, the need to give protection money at all levels, bribery at all levels, corruption in education. It is a never ending list.”

He then talked about the lack of credibility held by the prime minister referring back to protests carried out earlier this year by university students against the use of quotas for government jobs that meant that general students were competing for just 46% of all the jobs. “Under pressure the prime minister offered reforms but them reneged on them,” Alam said. “So this time when students did go on protests [on road safety], … the prime minister has promised that she will cede to their demands, but of course people no longer believe. She has no credibility.”

He then went on to expose how the law enforcement agencies were allowing “armed goons” to attack the school and university students who were that day protesting on the streets.

“The police specifically asked for help from these armed goons to combat unarmed students demanding safe roads. I mean now ridiculous is that,” he said. “Today I was in the street and there are people with machetes in their hands chasing unarmed students and the police are standing by watching it happen. In some cases they are actually helping it out.”

One thing that Alam did not say – suggesting that even he was exhibiting some self-censorship – was that these armed men belonged to the student wing of the governing Awami League party.

The Al Jazeera presenter then asked Alam a question about how the government was going to deal with these student protests.

However tough his previous response, his final answers must have been the ones that most likely riled the government.

“I think the Government has miscalculated,” he said. “It certainly felt that fear was enough, repression would have been enough, but I think you cannot tame an entire nation in this manner.”

And then he talked about the forthcoming elections – which just about everyone in the country assumes will be rigged, but few dare to talk about.

“And of course, they are approaching elections, so the nearer it gets to elections, the more sensitive they are,” he said. “They know that if there is a fair and free election, they will lose. But they haven’t got an exit plan [and] as they have misruled for so long so that if they do lose, they will be torn apart. So, they have to hang on by any means, so that is exactly what they are doing. They are clinging on using the entire might of the system plus the armed goons at their disposal.”

Alam’s interview and the government’s response, should give pause to those who still think that the current Bangladesh government is anything other than an authoritarian regime

One need not agree with every word to recognise that this is a legitimate critique based on reality.

The international community has treated Bangladesh with kid gloves over recent years. The Awami League is a secular Muslim party, considered by many diplomats and liberal commentators as a preferred choice to the main opposition political party, Bangladesh Nationalist Party, that allies itself with a small Islamist party. Moreover, ever since the Rohingya crisis which resulted in as many as a million refugees fleeing to safety in Bangladesh from Myanmar government attacks, diplomats have soft-peddled even further on the Bangladesh government repressive conduct, desperate as they are to obtain government cooperation for their aid efforts. You now rarely hear a peep from them.

Alam’s interview and the government’s response, should give pause to those who still think that the current Bangladesh government is anything other than an authoritarian regime unwilling to hand over power peacefully in any future elections.

Of course the government could change course and take steps to open up the country to proper multi-party democracy and freedom of expression that could allow a free and fair election. There must be those within the government who think that this would be a far wiser course of action rather than the current autocracy and repression.

A first good step to this end would be to immediately release Alam, accept that they made a mistake, and drop the charges against him

A good next step – of course – would be unblocking The Wire and allowing it to be read in Bangladesh

David Bergman is a journalist who also runs the Bangladesh Politico blog. He happens to be married to one of the lawyers representing Shahidul Alam. Follow him on Twitter @davidbangladesh.