CJA Issues Strong Condemnation Over ICT’s Order for Continued Detention of Three Journalists in Bangladesh

The Commonwealth Journalists Association (CJA) has strongly condemned Bangladesh’s International Crimes Tribunal (ICT) for ordering three senior journalists to remain in jail pending trial in a “crimes against humanity” case linked to the July 2024 uprising.

The journalists are Shyamal Dutta, former editor of Bhorer Kagoj and a CJA vice-president; Mozammel Haq Babu, managing director and editor-in-chief of Ekattor TV; and Farzana Rupa, chief correspondent of Ekattor TV.

The CJA said it was particularly concerned by the apparent basis of the allegations, which include the journalists’ participation in a press conference held by then prime minister Sheikh Hasina at Ganabhaban on July 14, 2024. According to the prosecution, the journalists made “provocative remarks” while questioning Hasina, prompting her to describe protesters as “Razakars” and “children of Razakars.”

The CJA said questioning political leaders at press conferences, regardless of how contentious the questions may be, is a fundamental part of journalism and “cannot, in itself, constitute a crime against humanity.”

It warned that using the ICT as a means to prosecute journalists over their professional conduct would set “an extremely disturbing precedent” for press freedom in Bangladesh.

“The CJA calls upon the Government of Bangladesh and the judicial authorities to ensure that journalism is not treated as a criminal activity,” the association said, urging authorities to distinguish between genuine criminal conduct and journalists carrying out their professional responsibilities.

The tribunal on Monday sent Dutta, Babu and Rupa to jail after they were produced before International Crimes Tribunal-2. Defence counsel Palash Chandra Roy argued that there were no elements of crimes against humanity against Dutta.

Prosecutor Gazi Monawar Hossain Tamim alleged that the journalists’ remarks at the July 14 press conference contributed to the protests that erupted later that day.

Prosecutor Faruk Ahmed told the tribunal that production warrants had been issued against the three journalists on August 17 in connection with the case.

All three had already been arrested and jailed in August and September 2024 following the mass uprising that ousted Hasina and her Awami League led government, initially facing general murder cases related to deaths during the July-August protests.

The CJA said they were subsequently brought into broader ICT cases alleging crimes against humanity.

Additionally, the media association also raised concerns about the length and circumstances of their detention, saying the three journalists had already spent a prolonged period in custody amid questions over the evidence against them and the failure, according to reports, to file charge sheets substantiating the original allegations within the prescribed legal framework.

The CJA further highlighted their reported medical needs.

It said Dutta has documented cardiac and severe sleep apnea conditions requiring assessment and treatment, while Babu underwent major prostate cancer surgery in late 2023 and reportedly requires continuing medical care.

The association called for an urgent review of the proceedings, due process and credible evidentiary standards, and urged the authorities to release the journalists unless there is “clear and demonstrable evidence of an independently established criminal offence.”

“The independence of the media is not a privilege granted by governments,” the CJA said. “It is an essential condition of a democratic society.”

The association said it stood in solidarity with Dutta, Babu, Rupa and other journalists in Bangladesh seeking to carry out their professional duties without fear of arrest, imprisonment or political retribution.

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