[bestbits] Bangladesh need your attention - Amendment of the ICT Act

[Shahzad Ahmad]

Dear colleagues,

Wish to draw your kind attention on the latest developments in Bangladesh.

Adilur Rahman is a personal friend and a renowned human rights defender. He
was picked by the police on 10th August 2013. Some details of the case are
here https://www.frontlinedefenders.org/node/23539

Following note has been sent to relevant UN Special Procedures and Mandate
Holders by concerned civil society organizations, however, it will be good
that you all are also aware and probably can help.

Best wishes and regards
Shahzad

PS: We dread policy laundering so re very very concerned.




---------- Forwarded message ----------
Dear Special Procedures Mandate Holders

This is to alert you regarding the ordinance titled Information and
Communication Technology (ICT) (Amendment) Act, 2013 being passed and
approved by the Cabinet of Bangladesh on 19 August 2013.

The cabinet has approved the proposed draft of the ³Information and
Communication Technology (ICT) (Amendment) Act, 2013² which seeks to make
significant changes to the existing legislation enacted in 2006
<http://www.prp.org.bd/downloads/ICTAct2006English.pdf> .

Initial reports indicate that some of the key provisions of the amendment
are as follows:

1. Section 76 of the present Act classifies all offences committed under the
Act to be Non-Cognizable. However, the 2013 amendment seeks to classify some
of the offences as cognizable. By doing so, the police could arrest persons
without issuing a warrant by invoking Section 54 of the Code of Criminal
Procedure <http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=75> .

 

2. Offences under the present Act are bailable, while the amendment seeks to
make the offences non-bailable.

 

3. The maximum period of imprisonment for offences under the Act has been
increased to 14 years as against 10 years under the present Act. Penalties
and fines are also to be enhanced.

 

Reports also suggest that the Ordinance is likely to receive the assent of
the President soon, after which the provisions will come into effect. As
soon as the copy of the Ordinance is made available to us we will share it
with you. 

We would further like to bring to your notice to the fact that this draft
amendment has been passed in a hurry by the cabinet while the Parliament is
scheduled to be in session soon on 12 September 2013. By doing so, the
government has denied the opposition parties the opportunity to discuss the
provisions of the amendment and raise objections.

We must also bring to your attention the recent arrest of Adilur Rahman
Khan, a prominent human rights activist on 10 August 2013 for the alleged
offences under the Information and Communication Technology Act, 2006. The
documents submitted before the courts in relation to his arrest also suggest
that the authorities seek to proceed against Adilur Rahman Khan for charges
similar to sedition.

We anticipate that further arrests of human rights defenders such as Adilur
Rahman Khan would be carried out soon after the Information and
Communication Technology (ICT) (Amendment) Act, 2013 ordinance is
promulgated by the President.

We therefore call upon your office to urgently intervene and urge the
Government of Bangladesh and the President of Bangladesh to refrain from
bringing the Information and Communication Technology (ICT) (Amendment) Act,
2013 into force. 

Please do contact us should you need any further information or
clarification.

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