Drop charges against Nur, Shariat

The Human Rights Watch yesterday called upon the government to drop charges against prominent Bangladeshi publisher Nur Mohammad and baul singer Shariat Sarker and release them from custody.

"Both appear to have been detained for having criticised the ruling party, and religious leaders, respectively," the HRW statement read, adding "The authorities should end all arbitrary arrests and a crackdown on freedom of expression under the draconian Digital Security Act (DSA)."

Nur, the owner of the Guardian Publications, was arrested on February 10, 2020 for "associating with" Enamul Haque Moni, who was arrested in 2018 for spreading "fake news and propaganda" about Prime Minister Sheikh Hasina and her son Sajeeb Wazed, and committing digital fraud, the rights body said.

Sarker has been in prison for over a month on charges of "hurting religious sentiments" after he criticised Muslim clerics who oppose singing, it added.

"The government has the responsibility to protect the right to speech and expression, not use its internet laws as an excuse to go after singers who criticize clerics or anyone who criticises the prime minister or her family," said Brad Adams, Asia director at the HRW.

"The ruling Awami League should not be silencing its critics," he said.

Nur could face a sentence up to life in prison for charges under section 25 of the DSA, which criminalises publishing any content with the intention of "tarnishing the image of the nation."

He has also been charged under section 31, which criminalises publishing or broadcasting any content that "destroys communal harmony" or "deteriorates or threatens to deteriorate the law and order" which carries up to 10 years in prison.

These terms are so vague and broad that the authorities can essentially arrest critics at will, effectively chilling free speech, HRW observed. 

The DSA was also used against the Shariat, for accusing Islamic clerics of misinterpreting the Quran to forbid music and for reportedly saying "Our great Prophet Muhammad was an ardent fan of music and went to sleep at night after listening to music."

If convicted, Sarker could face 10 years in prison.

The Bangladesh government has ignored repeated calls from the United Nations High Commissioner for Human Rights, the United States, the European Union, journalists within Bangladesh and many others to bring the law in line with Bangladesh's commitments under international law, said the HRW.