The Digital Security Act (DSA) needs to be liberalized to enhance freedom of press, according to a press release issued by Center for Governance Studies (CGS).
In the 668 cases, the number of the accused person is 1516, including 142 journalists, 35 teachers, 194 politicians, 67 students. CGS has been able to identify professions of 571 number of people. About 9.37% of total cases and 24.87%of those whose professions are identified are journalists.
Among those who have been arrested, the number of journalists is disproportionately higher. Of the 499 arrested persons, 42 are journalists, 55 politicians, and 32 students. Thirteen persons below the age of 18 are charged in the 668 cases CGS has tracked so far. A ninth-grade student was arrested and sent to a juvenile correction center on June 20, 2020 after being arrested under the DSA 2018 at Bhaluka in Mymensingh; allegedly insulting the Prime Minister on Facebook while commenting on the decision to impose an additional tax on the use of mobile phones. He was sent to a juvenile correctional center.
Overwhelming majority of these cases are not filed by aggrieved persons but by others, often by ruling party activists for their leaders. The political identity of the accusers that CGS has been able to identify shows that 85% belongs to the ruling Awami League. Law enforcement agencies have filed 76 cases, almost 20.32% of cases.
During the period under review, 74 cases have been filed for allegedly defaming Prime Minister Sheikh Hasina. Of these 13 have been filed by the law enforcing agencies while 61 cases have been filed by individuals. Political identity of the 36 accusers have been identified, they are affiliated with the ruling Awami League and its sister organizations. The largest number of cases have been filed for alleged defamation was in April 2021; a total of 13 cases. Previously in June 2020, 11 cases were filed. The second highest number in a single month. A total 44 individuals have been arrested on these charges, two have secured bail.
41 cases have been filed against individuals alleging defamation of ministers, of which only 4 have been filed by aggrieved party or his family, while 34 cases have been filed by other individuals. Seventeen people have been arrested, 3 have secured bail.
Section 29, Section 25, Section 35 and Section 31 are the most widely used for accusations. Politicians are the largest numbers of accused; followed by journalists.
The judicial process is extremely slow in trying these cases. Only 2 cases have been settled so far. Mushtaq Ahmed, a writer and social activist, died in prison on February 25, 2021 while being held under the DSA 2018. 35 people have been granted interim bail. It is also noted that bail petitions of the accused are denied by the lower courts. Mushtaq Ahmed was denied bail six times, one of the co-accused Ahmed Kabir Kishore was granted interim bail in March 2021 after the lower court denied for at least six times.
There are allegations that many were charged under the DSA after being picked up by plain clothed police and RAB. Kabir Ahmed Kishore alleged that he was picked up three days before he was officially handed over to the RAB. He alleges that during this period, he was severely tortured. He also said that Mushtaq Ahmed was tortured under the custody.
The law stipulates that an investigation report must be submitted within 60 days, with an additional 15 days. If the investigation is not complete within that time, another 30 days are allowed, subject to the approval of the cyber tribunal. But over the past three years, in many cases, the investigation report was not filed within the stipulated time, yet the accused is still in custody and effectively being punished before the trial. For example, Shafiqul Islam Kajol was charged after ten months of being arrested. Kajol was missing for 53 days after the first case was filed. He was found in a border town and was arrested, he languished in jail for seven months as the lower court continued to deny bail.
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