Conclusion

With the repeal of the DSA by the CSA, there is no legal basis for cases under the ICT Act to continue. Even in the case of ambiguity, the principle of construing criminal laws narrowly and in favor of accused persons should mean that ICT Act cases stand terminated (since the CSA’s savings clause failed to preserve them).

A majority of these cases are filed under Section 57 of the ICT Act––a law that violates international human rights norms––and therefore cases under this provision are per se contrary to international law.

The continuation of proceedings under the ICT Act leaves all those who have been charged under the law as vulnerable as ever. While the interim government has announced plans to withdraw “speech” cases under the ICT Act, such withdrawal should be undertaken as soon as possible.

Recommendations

The interim government has a historic opportunity to restore the rule of law in Bangladesh, in line with human rights guarantees. This report reiterates recommendations made by OHCHR to the interim government to “[t]ake steps to restore democratic order and rule of law through an inclusive and participatory process guided by human rights” and “allow media to operate freely and safely without intimidation or reprisals.”¹⁴²

Specifically, we call upon the interim government to take the following measures immediately:

• Withdraw all cases pending under the repealed provisions of ICT Act;
• Use objective criteria to categorise cases under the cyber-laws as “speech offence” related and “computer offence” related and make the basis of such categorisation public;
• Immediately and unconditionally release all those detained under the ICT Act, DSA or the CSA where charges are based on their online speech;
• Bring clarity in the implementation of Bangladesh’s cybercrime laws and reduce vagueness in laws.