According to media reports, the International Crimes Tribunal-2 ordered the prison authorities on 17 August 2026 to produce the three detained journalists before the Tribunal on 24 August 2026, following an application by the prosecution. They are expected to be formally shown as arrested in the case over allegations concerning statements and the development of what prosecutors have characterised as an “alternative narrative” during the July uprising.
JMBF considers the apparent attempt to attach the extraordinarily serious label of “crimes against humanity” to journalistic speech, questioning, commentary, editorial positions, or political narratives deeply alarming unless the authorities can demonstrate, through credible and individualised evidence, conduct meeting the stringent requirements of applicable criminal law and international standards.
Journalism is not a crime. Political disagreement is not a crime. Criticism, questioning, commentary, and even controversial or unpopular expression cannot be transformed into crimes against humanity merely because such expression subsequently becomes politically objectionable.
JMBF recalls that Article 39 of the Constitution of Bangladesh guarantees freedom of thought and conscience, freedom of speech and expression, and freedom of the press. Although these freedoms may be subject to restrictions prescribed by law on constitutionally recognised grounds, such restrictions cannot legitimately become a mechanism for punishing journalists merely for their professional activities, political opinions, editorial judgments, questions posed at a press conference, or association with a particular media narrative.
The State has both the authority and obligation to investigate credible allegations of criminal conduct. However, criminal accountability must be founded on specific conduct, individualised responsibility, credible evidence, legality, due process, and a demonstrable connection between the accused person and the alleged offence. Political association, professional affiliation, journalistic presence, or expression alone cannot substitute for these fundamental requirements.
Bangladesh acceded to the International Covenant on Civil and Political Rights (ICCPR) in 2000. Article 19 protects the right to hold opinions without interference and the freedom to seek, receive, and impart information and ideas. Any restriction on expression must satisfy the requirements of legality, legitimate purpose, necessity, and proportionality. Restrictions cannot legitimately be imposed merely because an opinion is politically inconvenient, critical, unpopular, or contrary to an official interpretation of political events.
The UN Human Rights Committee, in General Comment No. 34, has emphasised the fundamental importance of freedom of opinion and expression to a free and democratic society. These protections are particularly important for journalists, whose responsibilities necessarily involve questioning political leaders, investigating public affairs, presenting competing interpretations of events, and communicating information that governments may find uncomfortable.
International human rights standards also establish a high threshold before expression may legitimately attract criminal sanctions for incitement. The Rabat Plan of Action identifies six relevant factors: context, the position of the speaker, intent, content and form, extent of dissemination, and the likelihood and imminence of resulting harm.
Therefore, describing speech as “provocative,” politically partisan, supportive of a government, hostile to a protest movement, or part of an “alternative narrative” cannot automatically establish criminal responsibility. Prosecutors must establish the legally required elements through credible evidence rather than inference based on professional affiliation or perceived political position.
JMBF is particularly concerned by the invocation of crimes against humanity, one of the gravest categories of international crimes, in proceedings involving journalistic expression. Under international criminal law, crimes against humanity concern specified acts committed as part of a widespread or systematic attack directed against a civilian population, together with the required elements of knowledge and individual responsibility.
Consequently, attaching such allegations to journalists requires an exceptionally rigorous demonstration of individual criminal responsibility. Mere reporting, attendance at a press conference, asking questions, expressing opinions, editorial advocacy, perceived political sympathy, or participation in a media narrative cannot, by themselves, be equated with participation in crimes against humanity.
International criminal justice must never be reduced to an instrument for settling political scores, suppressing journalism, intimidating dissent, or punishing competing political and historical narratives. Such misuse risks undermining public confidence in the justice system and trivialising the extraordinary gravity of crimes against humanity.
These proceedings also pose potentially serious consequences for press freedom throughout Bangladesh. When journalists fear that reporting, questioning, editorial decisions, or political commentary may expose them to prosecution for international crimes following a change of government, self-censorship becomes almost inevitable.
Today, it may be journalists perceived as sympathetic to one political camp. Tomorrow, the same precedent could be used against another. Press freedom cannot depend upon which political party controls the State.
JMBF unequivocally supports credible, independent, and impartial investigations into serious human rights violations committed during the July–August 2024 unrest, regardless of the political identity of alleged perpetrators. Victims deserve truth, justice, accountability, and effective remedies. However, accountability loses legitimacy when criminal justice appears to become an instrument of collective, professional, associational, or political punishment.
Every accused person is entitled to the presumption of innocence, equality before the law, effective legal representation, adequate opportunity to prepare a defence, and adjudication by a competent, independent, and impartial tribunal.
JMBF further recalls Article 19 of the Universal Declaration of Human Rights (UDHR), which recognises everyone’s right to freedom of opinion and expression. Freedom of expression is not simply a professional privilege enjoyed by journalists; it is a fundamental human right and an indispensable safeguard for democratic accountability.
Advocate Shahanur Islam, Founder and President of JMBF, stated:
“Crimes against humanity represent some of the gravest offences known to international law. Such charges must never be stretched beyond their legitimate legal boundaries to punish journalists for questions, opinions, editorial positions, or political narratives. Alarmingly, following the practices witnessed under the previous Muhammad Yunus-led interim government, the pursuit of crimes against humanity proceedings against journalists under the current Bangladesh Nationalist Party (BNP)-led government raises serious concerns that the criminal justice system is continuing to be used as an instrument of political retaliation and intimidation. Such a practice is deeply disturbing, incompatible with democratic values, and wholly unacceptable.”
He further stated:
“If credible evidence establishes that any individual personally committed a recognised criminal offence, that allegation must be examined through an independent, impartial, and fair judicial process. But journalism itself cannot be placed in the dock. A government genuinely committed to democracy must tolerate scrutiny, disagreement, criticism, and uncomfortable journalism. Freedom of the press means protecting competing voices, including those that governments and political majorities strongly dislike. No change of government should turn yesterday’s journalism into today’s international crime.”
JMBF’s Demands
JMBF calls upon the Government of Bangladesh and relevant authorities to:
Immediately release Shyamal Dutta, Mozammel Haque Babu, and Farzana Rupa where their continued detention lacks specific, lawful, necessary, and individualised grounds consistent with international human rights law;
Refrain from pursuing crimes against humanity charges based merely on journalism, political expression, editorial positions, questioning, reporting, or participation in a media narrative;
Ensure that criminal allegations are supported by specific and credible evidence establishing individual responsibility, rather than guilt by association, professional affiliation, or perceived political sympathy;
Guarantee the journalists the presumption of innocence, effective legal representation, and a fair hearing before a competent, independent, and impartial tribunal;
End prolonged detention, judicial harassment, and the use of extraordinarily serious criminal charges as instruments of intimidation against journalists; and
Ensure that journalists of all political viewpoints can work independently and safely without fear of arbitrary arrest, retaliation, judicial harassment, or politically motivated prosecution.
JMBF urges the United Nations, OHCHR, UNESCO, the UN Special Rapporteur on freedom of opinion and expression, the European Union, diplomatic missions, international press freedom organisations, and human rights organisations to closely monitor these proceedings and the broader situation of journalists in Bangladesh.
JMBF further calls upon Bangladesh’s international partners to raise freedom of expression, judicial independence, arbitrary detention, due process, and protection of journalists as urgent priorities in their engagement with the Bangladeshi authorities.
Justice must be evidence-based. Accountability must be individual. Courts must remain independent. And journalism must remain free.
In solidarity,
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