Bangladesh must end persecution of journalist Shafiqul, say UN experts

UN experts have expressed their concern over the ongoing persecution of photojournalist Shafiqul Islam Kajol in Bangladesh and his alleged forced disappearance previously, says a press release of the United Nations High Commissioner for Human Rights.

They warned that his detention and the ongoing criminal cases against him compound fears that Bangladesh government is using its Digital Security Act to stifle freedom of speech.

“Targeting of investigative journalists like Shafiqul Islam Kajol raises serious questions about Bangladesh’s commitment to a free and independent media. Such pursuit has devastating consequences for the journalists and their families – and also for society as a whole. Journalism is an essential element for the society, democracy and accountability,” the experts said.

Before his disappearance on 10 March 2020, Kajol had worked on a sex-trafficking story which reported links to politicians in Bangladesh. Social media posts on the story sparked police investigations against Kajol for breaching the Digital Security Act, after complaints filed by two senior politicians of the ruling Awami League.

The experts have already raised concerns with the Government over serious flaws in the investigations of the disappearance, and noted that the authorities in this period continued investigations against Kajol under the Digital Security Act for his journalistic approaches.

When found on 3 May at the Indian border, blindfolded and tied, Kajol was arrested and charged for illegally entering Bangladesh. Despite providing bail and given an order for his release, he was placed in pre-trial detention for fifteen days by court order. He has not yet been released even after the 15-days term ended.

“We express concern as to whether the legality of his detention has been subject to adequate judicial review, and that his detention continues seemingly without a legal basis. If confirmed, this would constitute a violation of human rights law. This is particularly concerning with heightened risk of COVID-19 infection that those detained are exposed to”, the experts noted.

“We urge the authorities to thoroughly probe into the matter and review its practice and the Digital Security Act in light of Bangladesh’s obligations under international human rights law,” the press release elaborated.

“We also urge Bangladesh to promptly and thoroughly investigate every case of alleged enforced disappearance in the country,” added the experts noting that the Working Group on Enforced or Involuntary Disappearances currently has more than 60 open cases from Bangladesh in its database.

The experts are David Kaye, special rapporteur on the promotion and protection of the right to freedom of opinion and expression; Agnes Callamard, special rapporteur on extrajudicial, summary or arbitrary executions; the Working Group on Enforced or Involuntary Disappearances: Luciano A Hazan (Chair), Tae-Ung Baik (Vice-chair), Houria Es-Slami, Henrikas Mickevičius, Bernard Duhaime; Dainius Pūras, special rapporteur on the right to physical and mental health.

The special rapporteurs, independent experts and working groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures' experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.