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Harassment and try to proof guilty under media trials during the fascist era

Harassment and try to proof guilty under media trials during the fascist era

By Md. Zillur Rahaman

Whether an accused person commits murder, rape, robbery, embezzlement, drug trafficking, dowry demand, acid throwing or any other such serious criminal offence, s/he cannot be called a criminal in the eyes of law until s/he is proved guilty by a court of law. Even if s/he is a gruesome murderer or a big terrorist, s/he should be brought to justice through due process of law and then called a criminal, otherwise the rule of law and justice at home and abroad are highly questionable.

But during the erstwhile fascist Hasina regime, it was often seen that the concerned overzealous law enforcement forces published in the media the name, age, profession, father's name, even the photo of the house with the detailed address of any suspect who was highly discussed. In this case, often notorious would write the words militant, terrorist, murderer, rapist, robber and hang them around the neck of the arrested person and present them in front of the journalists. Human rights activists say that at various times, law enforcement agencies and the media have presented the accused in such a way that the accused are identified as guilty before the trial, which is not acceptable in the eyes of the law and is completely contrary to the fair trial of the accused.

It is a gross violation of human rights if suspects are presented in such a manner after arrest. In fact, the suspected accused person is presented as if s/he is being vilified or socially harassed in the name of media trial. Human rights activists say the suspects were presented by law enforcement agencies to promote themselves as demonic forces supporting the fascist regime, with the aim of prolonging power. But those who were presented as accused, none of them were criminals in the eyes of the law. They were presented to the media of the country and abroad by arranging various fictions and dramas.

During the last fascist Hasina era, many famous scholars and Islamic figures, dissident political activists, established lawyers, people of low-profile professions of the society were first dramatically disappeared without trial, then they were killed in the so-called crossfire, and they were framed as criminals and has been harassed in the media. Many a time, Ulama and Islamic personalities were presented in the media by staging militant dramas in such a way as to create a negative impression in the public mind. In fact, Hasina's regime's main objective was to destroy the image of Bangladesh abroad by staging militant dramas on these innocent people and prolonging its illegal power.

After the fall of the fascist Hasina era, the data published in the media revealed that, without any complaint or suspiciously or influenced by the influential, a person was arrested and forced to confess or for no reason, physical and mental torture was also carried out on that person. Many highly educated and respectable persons were also abused and subjected to unspeakable torture immediately after their arrest. Not only this, there were instances of coercive confessions in courts with extensive torture and in this case the concerned judge was also forced to accept the bullies taught by the law enforcement agencies.

As many may recall, in 2012, after a judge was arrested with Phencidil, the fascist government's High Court issued a clear order that no person should be presented to the media after being arrested or detained as a suspect, but in many cases it was not obeyed. In addition, on August 29, 2019, the High Court observed the permanent bail of his wife Ayesha Siddika Minni in the much-discussed murder case of Rifat Sharif in Barguna; totally against the principle of justice.In the observation, the court also said that many law and order forces arrested and presented to the media and held a press conference. Many police officials are seen giving enthusiastic speeches about the investigation of the case. No one can be called a criminal until the accused is proven guilty in the trial by appearing in the media. There needs to be a policy regarding the extent to which the progress of the investigation can be publicized in the media at the investigation stage. The High Court asked the Home Secretary and the IG of Police to take steps to formulate the policy.

Ironically, the members of the law enforcement force, who are tasked with maintaining law and order in the country and who need to obey the law the most, have shown the greatest contempt for the law, becoming the fascist government's biggest monster force. Not only did those arrested in violation of the High Court's directive appear in front of the media, but by describing their crimes, these arrested persons were identified as criminals in the society. Apart from the mass media, their own social media channels also disseminated photos and crime details of the arrested persons including members of the law enforcement agencies. But only if the charges raised against the detained person are proved in the court based on the evidence, that person can be considered as a criminal.

Article 27 of our Constitution guarantees that all citizens shall be treated equally before the law. The same article recognizes the right of all citizens to equal protection of law as a fundamental right. Besides, Article 7 of the "Universal Declaration of Human Rights" of 1948 mentions equal right to legal remedy without discrimination of any kind. Good governance is established in a country when every citizen of that country is equal before the law and enjoys equal opportunities and the right to the protection of law.

During the last fascist Hasina government, lawyers and human rights activists repeatedly raised questions about the fact that the suspects in these dramatic incidents were brought before the media immediately after their arrest. Referring to such incidents as a violation of human rights, they said that the High Court has also directed that no person should be brought before the media after being arrested or detained as a suspect. But then there was a culture of presenting the suspects in press conferences when the suspects were arrested in many cases without regard to the law.

Notably, in this case, not only the law enforcement agencies, but also the many partisan electronic, print and online media of our country presented the accused, trolled in various ways which was extremely humiliating for the victim, quite embarrassing for the social respect and gross violation of human rights. Especially for social figures, women and children, it caused long-term psychological stress and social wounds in their lives, which are irreparable losses and cannot be compensated even in crores of money.

According to human rights activists, naming someone as a criminal before the trial begins does not give the accused a chance to defend her/himself. A person has the right to defend her/himself if s/he is arrested. It is his legal protection and human right. S/he can do that when the trial starts. But it became the culture of the fascist regime to present the arrested and accused as criminals before the trial process began. Due to the so-called media trial, the accused were publicly identified as guilty before the trial, which is not acceptable in any way. Moreover, as the media saw during the trial, s/he was previously convicted and tagged variously. But at that time s/he could not defend her/himself because the trial had not started. Moreover, s/he was not given a chance to say anything.

Attacks, murders, disappearances, fake cases, extrajudicial killings in the name of crossfire etc. were regular occurrences during the previous autocratic fascist regime and the administration, police and judicial system were also alleged to be working at the behest of the previous regime. In the name of media trial, those who have been tainted with murder, disappearance, fake cases or have been sentenced in false cases by arranging alleged dramas, in fact, many of them were innocent and victims of the fascist government's vengeance. Transparency and accountability are key elements of good governance. It depends on government transparency and rule of law. But during the previous fascist government there was no problem with them, i.e, why the unvoted fascist government harassed people in the name of media trial and tried to prove the criminal before the trial process was over.

The writer is a, Banker and Columnist

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