The arrest and imprisonment of a woman entrepreneur in Mymensingh over remarks made during a Facebook Live session have raised concerns over the legal grounds for her arrest and the use of Section 151 of the Code of Criminal Procedure.
The Human Rights Support Society (HRSS) has called for an impartial investigation into the legal basis for applying the provision against Sathi Akter and for the findings to be made public.
In a statement issued on Wednesday, October 28, HRSS made its concerns and demands public.
According to the statement, media reports and HRSS's own fact-finding indicate that after Sathi Akter went live on Facebook following a theft that affected her, local Bangladesh Nationalist Party (BNP) leaders and activists gathered in front of her business establishment, staged a protest and demanded her punishment. Police subsequently took her to the police station, showed her as arrested under Section 151 of the Code of Criminal Procedure and sent her to jail through the court.
However, the officer-in-charge (OC) of the relevant police station told the media that there was nothing anti-government in the video and that she had not been arrested because of it. According to HRSS, these remarks and the sequence of events have raised questions about the actual reasons for Sathi Akter's detention and imprisonment.
HRSS said Article 39 of the Constitution of Bangladesh guarantees freedom of expression, while Articles 31, 32 and 33 provide protections relating to access to legal protection, personal liberty and arrest. Similarly, Articles 9 and 19 of the International Covenant on Civil and Political Rights (ICCPR) guarantee protection against arbitrary detention and freedom of expression.
According to the statement, Section 151 of the Code of Criminal Procedure may be applied under specific conditions to prevent the commission of a cognizable offense. Applying this power solely on the basis of public dissatisfaction or critical remarks is not acceptable, the organization said. It added that controlling public anger is the responsibility of the police and that curtailing a citizen's liberty because of such pressure is contrary to the rule of law.
HRSS has demanded an impartial investigation into the legal basis for Sathi Akter's arrest and imprisonment and the justification for applying Section 151, with the findings made public. The organization has also called for prompt legal remedies to ensure her bail and release.
The organization has further demanded accountability for those responsible if any irregularities or abuse of power by law enforcement are established, along with effective measures to prevent similar incidents from recurring. It has also called on the state to ensure citizens' freedom of expression and protection against arbitrary arrest.
The statement also called for ensuring the safety of Sathi Akter and her family and protecting them from all forms of threats and harassment.
HRSS said public safety and freedom of expression are not mutually exclusive. It said the state has a responsibility to protect citizens from public pressure and violence and ensure their constitutional rights. The organization called for transparency, accountability and effective legal remedies in the case.
