12/16/02

Channel Four Update

Channel 4 Journalists back in Britain,
their Bangladeshi colleagues remain in prison
Update 13/12/02

Zaiba Malik, the Channel 4 reporter who was released from prison in Bangladesh on Wednesday along with her director/cameraman Bruno Sorrentino, has spoken of her concern for the Bangladeshi interpreter and fixer who are still in detention.

"We are very concerned that Priscilla and Saleem are still being held without charge. The authorities have accepted that we were not operating undercover but making a straight forward report about the political situation in Bangladesh. We employed Priscilla as our interpreter and Saleem as our fixer. That's all they were doing. We are relieved to have been released and it makes no sense to hold on to Priscilla and Saleem any longer. We appeal to the Bangladeshi authorities to release them too, and to ensure their future safety and their families' safety. We would also ask the Bangladeshi government not to take any further action against anyone else who helped us while we were in Bangladesh," said Zaiba Malik.

Ever since the arrests Channel 4 has made representations on behalf of all four detainees. We will continue to take the closest possible interest in Priscilla's and Saleem's situation.

Channel 4's lawyer in Bangladesh is maintaining close contact with Priscilla's and Saleem's lawyers and we will continue to offer them assistance.

Director/cameraman Bruno Sorrentino and reporter Zaiba Malik were arrested on Monday 25 November after spending three weeks filming in Bangladesh. Their interpreter Priscilla Raj was arrested on the same day and their fixer Saleem Samad was arrested later that week.

12/14/02

Holiday Comments on Foreign Journalist

Foreigners released, Bangladeshis not
Parallel laws when foreign pressures mount? Zayd Almer Khan

The government's decision on December 11 to deport the freelance
journalists, Briton Zaiba Naz Malik and Italian Leopoldo Bruno Sorrentino,
held since November 25, first in police custody and later in jail, is a
welcome move that has come much too late and via much too much of a
convoluted route than what was warranted. Much of the public relations
fiasco that the incident has caused could and should have been avoided by
deporting the foreigners immediately upon arrest.
In fact, the repair work needed to minimise the damage suffered by the
country's image internationally notwithstanding, the manner of the release
of the two, and the non-release of their two Bangladeshi 'accomplices', adds
further to the prevailing public perception that the government remains
largely inept and reckless in handling sensitive incidents such as this. The
handling of this particular episode also raises questions of 'parallel laws'
and discrimination against the State's own citizens.
At the packed press conference announcing the release of the foreigners, the
State Minister for Foreign Affairs, Reaz Rahman, refuted claims that the
government was giving in to foreign pressure in deporting the two. But when
queried about the fate of Salim Samad and Priscilla Raj, the two alleged
accomplices who have not been released, Rahman said, "Their cases are
altogether different." Haris Chowdhury, the political secretary to the Prime
Minister, elaborated that the cases of the two Bangladeshis would be "dealt
with as per the laws of the land", implying that the foreigners were not
subject to such technicalities as the law. Indeed, the two were handed over
to their respective diplomatic missions even before the Courts could grant
them bail later in the day.

Whether or not Rahman's claims of not giving in to foreign pressures are
true, the most obvious deduction could only be to the contrary of Rahman's
contention, as there has been no mention of any changes in the circumstances
or legal position between the time of the couple's arrest and of their
release. Except, of course, numerous pleas (some worded strongly enough to
qualify as veiled threats) by Bangladesh's diplomatic and development
partners, demanding their release. In fact, the latest, and the most ominous
of the appeals came from the hallowed US State Department, not more that 48
hours before the deportation. Is it then a far cry to assume that
international pressure goes as far as to supersede the laws of the land?
But where does that leave the two Bangladeshis held as 'accomplices'? Is
this not an example of gross discrimination that the main accused go off
scot-free because of the threats of the foreign governments, while the
'accomplices' remain in jail for lack of diplomatic clout? What an irony
that the two are treated as second class citizens in their own land, by
their own government, while non-citizens are given preferential treatment.
What makes the case for Salim Samad and Priscilla Raj's release from jail
stronger is the fact that the government is now claiming that the foreigners
were not charged with subversion, as first claimed, but were arrested under
the Foreigners Act. Then, if the main accused are cleared of the charge,
should the accomplices also not be cleared of the same?

One last point: If the foreigners were not charged with anti-state
activities, but instead for entering the country using false identities, why
were they not deported, or even arrested, immediately upon the government's
knowledge of the fact? Government intelligence agencies have claimed that
they had known of 'the impersonators' and had monitored their activities for
days before their arrest. The delay in action could be justified if the
government had been investigating subversive activities in the meanwhile.
But the charges are of simply entering the country under false pretence. In
that case, the delay, and the interim 'monitoring', could only be perceived
as an exercise in framing the two and/or their accomplices - a baiting of
sorts. Now that the foreigners have been allowed to leave, the only ones who
remain framed by the government are Samad and Raj.
Will the government so intent on adhering to the laws of the land in dealing
with the two, take a minute to check what the laws of the land have to say
about the government's entrapment of its own nationals!

12/13/02

Beena Sarwar on this arrests

Bangladesh crackdown

Free Raj and Samad NOW!

Beena Sarwar

Zaiba Malik and Bruno Sorrentino, the British and Italian journalists
working for Britain's Channel 4, arrested on Nov 25 by the Bangladesh
government, were released on Dec 11 and deported for entering the country on
false professional identities (arriving on tourist, rather than journalist
visas). They apologized for their deception, and promised not to ever
broadcast the footage (in police custody in any case) they had taken.

The initial charges against them of sedition (punishable by death) were
dropped under intense pressure from international media bodies and
governments, a pressure Dhaka denied. However, Foreign Minister Reaz Rehman
conceded that their deportation under the Foreigners Act was an
"extraordinary gesture".

The two Bangladeshi journalists assisting them were not so lucky. They are
still in police custody, facing sedition charges. Priscilla Raj, a young
woman hired to interpret for them, and Saleem Samad, a freelance journalist
working as a fixer, and a representative of the international media freedom
organization Reporters Without Borders, have not been given the privilege of
'Division' a better standard of the penitentiary which the foreign
journalists enjoyed. The Europeans were not physically harmed, but their
assistants are reportedly being tortured.

We've seen similar outrageous 'sedition' charges against our own journalists
for 'tarnishing the country's image' - Zafaryab Ahmed, who wrote on bonded
labour, and Najam Sethi, who gave a talk in Delhi, to name two.

The Bangladesh press has called for the immediate release of Raj and Samad:
if Malik and Sorrentino were not guilty of sedition, there are no grounds to
hold their assistants on this charge. The government contends that their
case is "altogether different".

Although by law detenues are required to be produced before a magistrate
within 24 hours of arrest, Raj, detained on November 26th, was not produced
even for scheduled court hearings on Dec 2 and Dec 5. A 'confession'
supposedly signed by her was released by the authorities, which she has said
made after physical torture and mental duress.

She finally met her lawyers and a relative on December 5. Electric shock
marks were visible on her legs and arms, according to sources who also
believe that Samad has also been tortured. Both were produced before a
magistrate on Dec 9. Raj, who appeared quite sick and in poor physical
condition, told the court she had been tortured. However, bail was again
denied to both.

The Channel 4 ostensibly wanted to make a documentary on the political
situation in Bangladesh, but independent journalists in Dhaka have
castigated them for their carelessness, since they appeared to have a
preconceived 'agenda': to portray the rise in religious fanaticism.
Unfortunately, this was also the perception of the jittery Bangladesh
government, propped up by right-wing political parties and already furious
over allegations that the country is used as an Al-Qaeda base - allegations
it denies.

Dhaka's sensitivity to such allegations is evident in the December 13 arrest
of Enamul Huq Chowdhury, Reuters stringer and correspondent for the official
news agency Bangladesh Sangbad Sangstha (BSS), who had quoted Home Minister
Altaf Chowdhury as saying that the possibility of Al-Qaeda being behind the
Mymnesingh cinema hall bombings couldn't be discounted. The Home Minister
later denied the statement. Reuters withdrew the story and initiated an
internal investigation. The reporter's wife and a relative were also
detained but later released.

The danger now is that such episodes will be used to further crush political
dissent.. The ongoing Army Operation Clean Heart against "criminal elements"
, initially welcomed by the people, has led to some 25 deaths due to 'heart
attacks'. Army Inquiry Committees are set up after each such death, the
cause of which victims' families claim is torture. Scores of arrests have
been made under the Special Powers Act, which allows for detention without
specific charges. Although by law those arrested have to be produced before
a court within 24 hours, this is not happening.

The government has seized on the cinema bomb blasts to intensify the
operation, leading to a situation that Bangladeshi observers find extremely
frightening. Recent arrests include journalist Shahriar Kabir, Prof.
Muntassir Mamun of Dhaka University, former Dhaka Bar Association secretary
Momtazuddin Mehedi, and opposition politician Tofail Ahmed. Some days ago
rumours of Mr Kabir's death in police custody fortunately turned out to be
unfounded - however, he has a heart condition and has complained of torture.

The 'war against terror' is clearly no longer an excuse just for powerful
governments to dominate the weak -- it is also used by governments to crush
dissent within their own societies.

Given the strong parallels between our countries, Pakistanis cannot afford
to silently watch the situation in what was once part of our own country.
Media and civil rights bodies must join our Bangladeshi counterparts in
challenging such blanket repression in the name of 'war against terror', a
campaign which can well be used as a precedent for similar crackdowns at
home.

12/12/02

Daily Star Commentary by Mahfuz Anam

The government did yesterday what it should have done at the very outset - send Zaiba Naz Malik and Leopoldo Bruno Sorrentino, the two foreign journalists who were in jail for the last 16 days, packing the moment it was discovered that they were here on false identity. That way we would have saved ourselves the bad press that we got and the repressed resentment among the international journalist community that may get reflected in the future.
However, better late than never; we have moved in the right direction for which we congratulate the government. As professional journalists we regret the fact our foreign colleagues resorted to lies and false pretense in order to get their story but we regret equally that less painful and humiliating ways of handling this mishap could not have been thought of. It must be said in their favour that once inside Bangladesh they did not hide their identity and had introduced themselves as journalists from the UK-based Channel 4 and also explained their story line to all those they interviewed. Anyway the whole episode was an immensely regrettable affair and we are glad that it is over - partially.

We say partially because the cases of the local freelance journalist Saleem Samad and the translator Pricilla Raj still remain unresolved. The government's press dence to support the allegations," Reaz said, referring to the statement given to the government by the two foreign journalists.

The two foreign journalists came here to film a current affairs programme for Channel 4 about the reported al-Qaeda presence in Bangladesh. On their arrest at the Benapole border, customs authorities seized films and other documents from them "intended to tarnish the image of Bangladesh".

"They (Malik and Sorrentino) stated that they had duly investigated allegations of al-Qaeda/Taliban activities in Bangladesh, but found no evirelease and the press briefing following the release of journalists completely deny that there was any 'sedition' charge against the two foreign journalists though the FIR showed them arrested under section 124 (A). In fact, we always thought the 'sedition' charge was quite outrageous and we are glad that it has been dropped. So now the crime of the two foreign journalists stands at entering Bangladesh under false pretence.

So the question is since there is no 'sedition' charge against the main offenders, how can those who helped them be guilty of sedition? Then again let us examine what Saleem and Pricilla helped them with. As it has turned out the Channel 4 journalists came to do a story on possible presence of al-Qaeda and Taliban and on communal relations. As revealed in the lawyer's statement made on their behalf before leaving Malik and Sorrentino said that they found no evidence of al-Qaeda and Taliban activities and of communalism. We quote, "During their stay in Bangladesh, my journalist clients investigated the story about alleged al-Qaeda activities but found no evidence to support the allegations. They also saw evidence of communal harmony in Bangladesh." If that be the conclusion of the two Channel 4 journalists then what wrong did Saleem and Pricilla do? In fact, it only proves that they did a good job of helping and guiding them which resulted in removal of whatever preconceived notions the two might have come with. The result was the foreign journalists found "no evidence" of al-Qaeda and Taliban activities and saw "evidence of communal harmony". It seems to us instead of punishing Saleem and Pricilla the government should be congratulating them for doing a professional job.

We must mention here that Pricilla, in her statement to the court on last Monday said that police had administered electric shock to extract confessional statement from her. We have reported earlier that she has not been given access to a lawyer for days after arrest and even when the so-called 'confessional' statement was being recorded in front of a magistrate she was not allowed to see her lawyer. (Shouldn't the court have ensured that?) To take a woman into custody who has had no previous record of any crime or even any record of infringement of even a minor law, then keep her in police remand for days and then administer electric shock to extract a confessional statement. What are we doing to our tradition of respect for law? What sort of an international press do we think this will get us? On the al-Qaeda issue, we have proven our point. But the incidents in police custody and the recent custodial deaths definitely put us on the wrong side of upholding justice. There are unconfirmed reports that Saleem Samad has also been tortured in police remand. Will our courts - at any level - please issue a suo moto order for an investigation into this allegation? In fact, the PM should do so on her own because we are sure she wouldn't want to preside over a law enforcement system that so easily tortures people in custody, especially women in remand. Also, this must be investigated for the sake of the 'image' of the country, to protect which government appears to be so eager and for which it launched this whole action.

We strongly urge that following the release of Zaiba Naz Malik and Leopoldo Bruno Sorrentino and because of what has now come out of their visit there is absolutely no ground to hold Saleem Samad and Pricilla. Already these two individuals have been punished for no fault of theirs. As the assumptions of the government about the possible story of the Channel 4 journalists have proven to be wrong, actions emanating from such assumptions have also been revealed to be wrong. Therefore, it is only morally right that a wrong be set right and that also immediately.

12/11/02

Release Saleem Samad and Pricilla Raj

Laila Arjumand Banu, Dhanmondi, Dhaka

I have been closely following the case of the two foreign journalists charged first with 'sedition; and subsequently with harbouring anti-Bangladesh conspiracies, assuming false identities. Frankly, I was really concerned not about this foreign duo but about the outcome of their activities.
The role of some Western journalists in the recent US-led hunt for Muslim terrorists has utterly disillusioned me about the quality of journalism some of them have proudly presented to the world. It has also made me painfully aware of the risks such journalists put others at. At another level I am also concerned about the sweeping dangers of the strategies our government takes to deal with such matters.

In this particular case I am acutely concerned about the two Bangladeshis, one a journalist, the other a translator who were arrested on a charges of assisting the foreign journalists. I am concerned about their fate now more than ever.

Yesterday as I was listening to the BBC Bangla evening news it did not come as a surprise that the government has let the two foreigners out and expelled them from Bangladesh while keeping their two Bangladeshi so called 'accomplices' still in jail. For them apparently, according to government spokesperson, 'the law will take its course.'

I always apprehended such a turn of events. After all the foreigners had the strength and backing of their governments while the two Bangladeshis have only got their families and friends pleading their cases.

Pricilla Raj's mother has so far given two statements to newspapers explaining her daughter's situation and I believe her. Pricilla had only worked with the foreign journalists as their interpreter for two days. Does that make her an 'accomplice' of whatever the two foreigners were trying to achieve by their amateurish teen-ager like adventurous journalism? Now that they have safely flown out of Bangladesh where does it leave Pricilla? And Saleem Samad too, for that matter?

The foreigners apparently did not think it necessary to refuse freedom and stand by the two persons who are suffering now on their account. Or perhaps they were not offered a choice. Before writing them off as essentially irresponsible on this count too, I'll grant them this benefit of the doubt while waiting to see what they do now for Pricilla and Saleem Samad.

I have always failed to understand conspiracy theories. But that does not spare me worries about the consequences such theories can bring to implicated individuals especially if they are helpless and powerless.

In this particular case I also fail to understand and that adds to my concerns, the course of justice as regards the two unfortunate Bangladeshis now left alone in the lurch. After all, the two main accused, the foreign journalists, have promised not to do the report they came here to do. Haven't they got their freedom on such conditions? If that is so why still hold the two charged as their mere assistants? Or do we need scapegoats as always?

Much as I would like to be proven wrong the world that we live in everyday throws at my face too many instances of the helpless being sacrificed as scapegoats. And yet every time I pray Oh God, prove me wrong at least this once.

--------------------------------------------------------------------------------

Release Saleem Samad and Pricilla Raj

Tanbir ul Islam Siddiqui, Shantinagar, Dhaka

The Government should immediately release the two local 'collaborators', freelance journalist and human rights activist Mr. Saleem Samad and NGO activist Ms. Pricilla Raj with due compensation.

The Bangladesh Government has lost all legal grounds to keep them under custody as 'accomplice' of the two foreign journalists and continue cases when the main 'accused' were freed from the main allegation 'sedition'. Now, no law should come as a bar to release Saleem Samad and Pricilla Raj. I wonder, soon after saying "no sedition charges were filed against the two foreign journalists, they were detained under the Foreigners Act and released after they gave undertaking and apologised", how the political advisor of the Prime Minister Mr. Haris Chowdhury said with a smiling face that "cases against Saleem Samad and Pricilla Raj would be dealt with as per law of the land and the court would decide their fate"! I can't understand and as per the statement of the political advisor, how their cases could be altogether different? Are we living in a fool's paradise?

It is not repairable what the Bangladesh Government has lost in terms of its credibility in the international arena after 'manhandling' the whole issue. It is not clear to us how the 'sedition case' could turn into 'Foreigner Act'?

Taking undertaking from the 'accused' persons under pressure or in custody in the name of 'voluntary statement' has got no legal value. People usually do so to avoid torture or to get released. The statement has been made before the Bangladesh Government by Ms. Zaiba Naz Malik and Mr. Leopoldo Druno Sorrentino through their legal advisor, could be changed soon after their departure from Bangladesh. The Government may have seized their documents but how will they 'delete' all the evidences and information already stored in their brain's 'hard disc'? If they are professional journalists they will write and tell to the world what they saw, gathered information and that is their 'professional obligation'.

I personally know Mr. Saleem Samad over the last 16 years as a colleague, friend as well as a human rights activist and Ms. Pricilla Raj for more than one decade. I strongly condemn the arrest of both of them and demand immediate withdrawal of the cases lodged against them and their release. This is not the way to protect al-Qaeda/Taliban activities in Bangladesh. We will have to go for realistic move without compromising the national interest as well.