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Bangladesh: Contempt of court notice against 23 persons for voicing concern over sentencing of Journalist David Bergman

2 April 2015

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The Daily Star - April 01, 2015

STATEMENT ON BERGMAN VERDICT
Tribunal initiates contempt proceedings against 23

Star Online Report

A tribunal in Dhaka Wednesday initiated contempt of court proceedings against 23 eminent persons for a statement they issued expressing concern over the sentence of Dhaka-based British journalist David Bergman for demeaning it.

The 23 people were among the 49 signatories who made comments expressing concern over the sentence of Bergman.

The tribunal on December 2 last year sentenced Bergman, editor (special reports) of the daily New Age, to imprisonment until the end of the court session on that day and fined him Tk 5,000 for two articles he posted on his personal blog.

The three-member International Crimes Tribunal-2 led by Justice Obaidul Hassan issued show cause notices upon the 23 people asking why they should not be punished for the contempt of court.

The court took the decision against them “for protecting authority and dignity of the tribunal and to keep the notion of the administration of justice untainted in the mind of public,†Justice Obaidul Hasan said.

The tribunal also asked the 23 persons to submit their reply before the court by April 23. Among them, those who are in Bangladesh have been asked to appear before it on April 23.

Zafar Ullah Chowdhury, Anu Muhammad, Shahidul Alam, Rahnuma Ahmed, Afsan Chowdhury, Anusheh Anadil are among the 23 people.

Meanwhile, the tribunal exonerated Rezaur Rahman, one of the 49 eminent citizens, today as he apologised unconditionally before the court for his statement. Earlier 25 eminent citizens were cleared of the charge.

Over two weeks after the Bergman judgement, 50 people issued the statement, observing that the tribunal’s order would restrict freedom of expression. One of them, Khusi Kabir, later pulled out her name.

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The Dhaka Tribune
April 2, 2015 >

BERGMAN’S CONVICTION
23 citizens issued contempt notice
Tribune Report

A war crimes tribunal yesterday initiated contempt of court proceedings against 23 eminent persons for expressing concern in a statement over the sentence of Dhaka-based British journalist David Bergman.

They are among the 49 signatories of the statement. Earlier, 25 noted citizens were cleared of the charge as they had tendered unconditional apology for their conduct. Yesterday, the court exonerated another person.

The court found that explanations furnished by the 23 citizens were coupled with a “defence†and rejected it.

The three-member International Crimes Tribunal 2 led by Justice Obaidul Hassan issued show cause notices upon the 23 people asking why they should not be punished for contempt of court.

The court made the decision against them “for protecting authority and dignity of the tribunal, and to keep the notion of the administration of justice untainted in the minds of public,†Justice Obaidul Hasan said.

The tribunal on December 2 last year sentenced Bergman, editor (special reports) of the daily New Age, to imprisonment until the end of the court session on that day and fined him Tk5,000 for two articles he had posted on his personal blog.

The court order said: “We are constrained to infer it prima facie that the 23 citizens in the name of expressing concern by making the impugned statement are not found to have expressed true remorse and repentance for their comment, by submitting explanation. Rather, they have made effort to justify their conduct they have shown by initiating the impugned statement.

“The tribunal finds the ‘regret’ they have expressed it to be without real and sincere remorse. The tribunal thus finds that it has been merely tendered as a ‘weapon of defence.’ It is to be noted that ‘regret’ and ‘justification’ or ‘defence’ cannot stand together. We are not convinced to accept it particularly when it is coupled with a ‘defence.’ Thus it is rejected.â€

The tribunal also asked the persons to submit their reply before the court by April 23. Among them, those who are in Bangladesh were also asked to appear before it on April 23.

The citizens are Masud Khan, Afsan Chowdhury, Ziaur Rahman, Hana Shams Ahmed, Anu Muhammad, Anusheh Anadil, Muktasree Chakma Sathi, Lubna Marium, Farida Akhter, Shireen Huq, Dr Zafrullah Chowdhury, Ali Ahmed Ziauddin, Rahnuma Ahmed, Dr Shahidul Alam, Dr CR Abrar, Dr Bina D’ Costa, Mahmud Rahman, Dr Zarina Nahar Kabir, Leesa Gazi, Shabnam Nadiya, Nasrin Siraj Annie, Tibra Ali, Dr Delwar Hussainthe.

The tribunal exonerated Rezaur Rahman, one of the 49 signatories, yesterday as he apologised unconditionally for his statement.

After over two weeks of Bergman’s conviction, 50 noted personalities issued the statement, observing that the tribunal’s order would restrict freedom of expression. One of them, Khusi Kabir, later withdrew her name.

The tribunal earlier also sought explanation from the daily Prothom Alo and The New York Times. The Bengali newspaper published a report on the statement on December 20 titled “50 people express concern over Bergman’s punishment.â€

P.S.

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