The human rights organization ARTICLE 19 has expressed deep concern about the Rangpur Cyber Tribunal's judgment of a total of 11 years of imprisonment under four sections of the Digital Security Act (DSA) along with a Tk30,000 fine against Poritosh Sarkar.
As all the sentences run concurrently, he will have to serve a maximum of five years in prison, the international human rights organization working on freedom of expression and the right to information, said in a statement on Thursday.
Earlier, in 2021, Poritosh Sarkar went through eight months of prolonged solitary confinement in pre-trial detention. At that time, he was a teenager.
Faruq Faisel, South Asia regional director of ARTICLE 19, said: “This is very unfortunate and shocking that a youth has been sentenced under a law that is incompatible with international standards. The facts were ignored that he was a teenager when the alleged incident took place, and he suffered inhumane and cruel punishment like solitary confinement in pre-trial detention, only reserved for the hardest criminals in exceptional cases, in the name of ‘safety'.
“I expect that he will get justice in the appellate court.”
He continued: “Solitary confinement has a severe negative impact on the body and mind. United Nations Standard Minimum Rules for the Treatment of Prisoners, 2015 advocates for the absolute ban of solitary confinement of juveniles and terms solitary confinement of juveniles a torture and violation of fundamental human rights.
“Article 35(5) of the Bangladesh Constitution provides that ‘no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.' Bangladesh is a signatory of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, and enacted the Torture and Custodial Death (Prevention) Act in 2013.
“However, government responsibility does not end with the enactment of laws, rather it has a principal duty to ensure rule of law to protect and promote the fundamental human rights of people.”
It is reported that on October 17, 2021, a mob vandalized and set fire to an entire village in Rangpur's Pirganj upazila allegedly because a Hindu teen, Poritosh Sarkar, had hurt the religious sentiments of the locals through a derogatory social media post.
He was arrested under the Digital Security Act and put into solitary confinement for eight months in the name of ‘safety.'
He could not step out of his cell for eight months, not for a single day. There was no window in the cell and he could only see some light three times daily when the authorities gave him meals through a small opening in the main door. He had no way of knowing whether it was day or night from inside the cell.
No one spoke to him during those days, not even his family members. He spent his day reading books but there came a day when the higher authorities forbade that too. He had to spend two and a half months without books or anything to do.
ARTICLE 19 said children and teenagers are also not exempted from cases under the Digital Security Act.
According to a Daily Star report, “60% of all those prosecuted for hurting religious sentiments” under the DSA belong to the Hindu community – meaning they are targeted more by this law than members of the religious majority, said ARTICLE 19.
ARTICLE 19 called on the government to drop the case against Poritosh Sarkar and take effective measures to create a tolerant and safe environment for all including the marginalized people.
It also appealed for a ban on solitary confinement in Bangladesh and demanded immediate and fair investigation and punishment against those involved in the incident.