101 citizens protest arrest and sentencing of 85 in Khilkhet raid, demand release and independent inquiry

A total of 101 citizens have expressed concern and protest over a late-night raid on the house of a senior police officer in Khilkhet in the capital, in which at least 85 people including 26 women were arrested and given jail sentences in summary trials. They have demanded the immediate release of those detained and sentenced, an independent investigation into the incident, and accountability for those who violated the law. They have also called for an end to interference in citizens' private lives, privacy and dignity.

In a statement sent to the media on Sunday, the citizens said the allegation that those arrested in the Detective Branch (DB) raid were not given the opportunity to consult a lawyer is also a matter of grave concern.

The signatories have asked on whose orders, for what purpose and on what legal basis the raid was conducted. They have demanded an independent and impartial investigation into who took the decisions to arrest and sentence, and whether law and due process were followed.

Citing media reports, the statement said the arrested men were given 30 days in jail and the women 15 days. But what charge was brought against each person and on what evidence they were convicted is not clear in the reports.

The statement said that in the name of an 'anti-drug raid' police are turning up with cameras at private gatherings. Instead of protecting the privacy and dignity of those present, their photos and identities are being presented to the media. The media is also presenting them as drug users before any crime has been proved.

According to the signatories, it is important to consider how necessary it is to publish personal information in the public interest in news reporting. Publishing identifiable photos and identities can violate the persons' rights to privacy, dignity and protection of personal information. Humiliating someone in public before a crime is proved is in effect imposing social punishment before trial.

The statement also said that socialising in a private setting, listening to music, dancing, or men and women taking part together in a social event is not a crime under the law of Bangladesh. Personal dislike of someone's clothing, lifestyle or entertainment cannot be made the basis for state punishment. They described this practice of controlling citizens' private lives and humiliating them socially in the name of law enforcement as 'moral policing'.

Citing Articles 31, 32, 33 and 35 of the Constitution, the signatories said the constitutional guarantees on protection of law, personal liberty, safeguards on arrest, and trial and punishment must be upheld. There is also protection against trespass and search of the home within the limits set by Article 43 of the Constitution.

The statement demanded the immediate release of those detained and sentenced. It also demanded that copies of the FIR, seizure list and sentencing orders be supplied immediately. It demanded that if lack of legal basis or necessary evidence, or a violation of law, is established, the sentences be cancelled and appropriate remedy including release be given. It also demanded action against the spreading of photos, videos and personal information including identities of those detained, and an impartial investigation into allegations of abuse of power and violation of law and citizens' rights in the raid, arrests and summary sentencing.

The statement said it is the state's responsibility to protect citizens' liberty, privacy and dignity. Interference in private life on the pretext of morality and the practice of punishing people en masse before a crime is established on the basis of testimony and evidence must stop.

The statement was signed by a total of 101 citizens including writers, professors, lawyers, journalists and media workers, and people linked to various professions and organisations in civil society. The signatories include TIB Executive Director Iftekharuzzaman, ALRD Executive Director Shamsul Huda, human rights activist Nur Khan Liton, human rights activist and organiser Khushi Kabir, Professor Anu Muhammad, photographer Shahidul Alam, Dhaka University professors Tanzimuddin Khan, Kamrul Hasan Mamun, Samina Lutfa and Fahmidul Haq, senior Supreme Court lawyer Sara Hossain, writer Rehnuma Ahmed, Kallol Mustafa, and lawyer and human rights activist Dilruba Sharmin, among others.