Tuesday, November 23, 2010

Detective Branch of Police raids Jamaat HQ

Tuesday, November 23, 2010
Police conducted an hour-long raid on Jamaat-e-Islami head office in the city's Moghbazar last night.

Sources said a joint team of police and Detective Branch (DB) of Ramna launched the raid around 7:00pm in a bid to arrest Rezaul Karim, president of Islami Chhatra Shibir.

The Shibir leader of Jamaat's student wing is accused in a number of cases including one for issuing threats to the government.

Shiblee Noman, officer-in-charge of Ramna Police Station, told The Daily Star that none was arrested and nothing was seized from the party office.

Jamaat protested and condemned the raid.

In a written statement Acting Jamaat Ameer Mokbul Ahmad and Secretary General ATM Azharul Islam alleged that police broke one of the almirahs during the raid and took away copies of the party constitution and several other publications.

The Jamaat leaders also termed the raid harassment of its leaders and activists.

http://www.thedailystar.net/newDesign/news-details.php?nid=163313

Saturday, November 20, 2010

Bangladesh: Politics of hate, An ancient vendetta continues to eat away at public life


Nov 18th 2010 | DHAKA

MORE than two years after the army aborted a dismal interregnum and released from jail the leaders of the country’s two rival political dynasties, the politics of hate and attrition grind away in Bangladesh. The thanks go mainly to the personal vendetta of the prime minister, Sheikh Hasina, one of the two leaders, against the other, Khaleda Zia.

On November 13th Mrs Zia was evicted from her home of nearly 30 years in Dhaka’s cantonment area. The move triggered a hartal, a protest strike called by Mrs Zia’s opposition Bangladesh Nationalist Party (BNP). Violence broke out between her supporters and those of Sheikh Hasina’s Awami League (AL). The country’s third political force, the army, has backed the High Court’s eviction order. Shrewdly, Sheikh Hasina has allocated the vast plot surrounding Mrs Zia’s home for housing for the families of 57 military officers killed in a mutiny early last year, soon after the AL swept to power.

The eviction is part of the League’s mission to break the BNP’s back. It is obsessed with airbrushing from history the legacy of the political dynasty founded by Mrs Zia’s late husband, General Ziaur Rahman, hero of Bangladesh’s war of independence against West Pakistan in 1971.

In February the government renamed Dhaka’s Zia International Airport after a respected Sufi saint. It has decided to “reprint” the 1972 constitution to reflect a landmark Supreme Court ruling in July which, among other things, declared null and void the rule of various military governments, including General Zia’s, following the assassination in 1975 of Bangladesh’s founding father, Sheikh Mujibur Rahman. (Sheikh Mujib, as he is usually known, happens to be the father of Sheikh Hasina.) In October a court issued an arrest warrant for Mrs Zia’s younger son in a money-laundering case. Four corruption cases stand against Mrs Zia, while 13 cases against Sheikh Hasina, filed during the army interregnum, have been withdrawn.

Yet the BNP was in a shambles even before the recent onslaught. The party has just 30 seats in a 300-strong parliament, which it boycotts. It is split: Mrs Zia can count only on the support of a minority of BNP leaders. Meanwhile, the leaders of the BNP’s main ally, Jamaat-e-Islami, Bangladesh’s largest Islamic party, have all been jailed. They stand accused of alleged atrocities during the country’s war of secession, and face possible execution. The alliance has hurt the BNP’s reputation, particularly internationally, says Moudud Ahmed, a former prime minister and Mrs Zia’s lawyer. Yet the BNP needs Jamaat-e-Islami’s electoral support.

Mrs Zia’s only hope is that people will get fed up with rising prices, power shortages and the open encouragement by Sheikh Hasina’s government of the kind of predatory capitalism not seen since, well, Mrs Zia’s rule in 2001-06. The government’s high approval ratings are on the slide. At some point, Mrs Zia appears to calculate, mass adulation will attach to her eldest son and heir apparent, Tarique Rahman, now in British exile. Yet Mr Rahman, who left army custody with a snapped spinal cord in 2008, is the symbol of Mrs Zia’s kleptocratic rule. He is loathed even among the BNP’s leaders.

Meanwhile, Sheikh Hasina’s vendetta has the support of the Indian government, with whom Bangladesh’s relations are much improved. The end to Mrs Zia’s political dynasty has become almost a tenet of national security for India, which sees her family meddling in India’s domestic affairs. This month Mr Rahman’s right-hand man told investigators that the Pakistan embassy in Dhaka and the United Liberation Front of Asom, a militant group fighting for an independent homeland for ethnic Assamese in India’s north-east, paid the BNP (for which, read Mr Rahman) and Bangladeshi spooks some $10m for the secret transshipment to Indian insurgents of ten truckloads of arms.

Western governments also oppose Mr Rahman’s return. They supported the thinly veiled army coup in January 2007, which prevented the BNP from stealing an election. The coup also brought in a crackdown on fringe groupings of Islamic extremists courted by the former BNP government. Continuing the crackdown is a centrepiece of AL policy.

Despite the government’s sliding ratings, popular support for Sheikh Hasina’s clan dwarfs that for Mrs Zia’s. And with such a tailwind, it is extraordinary how the League remains stuck in a divisive politics based on personal grievances that go back nearly four decades. Time, you might think, to get on with governing.

main news: http://www.economist.com/node/17525830?story_id=17525830

Saturday, November 13, 2010

'I was forced out'


haka, Nov 13 (bdnews24.com) — BNP chief Khaleda Zia broke down once again as she described how she had been, allegedly, dragged out of her cantonment house associated with most "intimate memories" of her life.

"They've uprooted me from my age-old memories," said Khaleda, referring to the eviction from her residence of 38 years from where she saw her husband, the military strongman Ziaur Rahman's rise and fall.

She claimed that the defence personnel had insulted her when she was being driven out of her house.

In a press conference at her political office on Saturday evening, the two-time prime minister claimed she was not given enough time to pack her bel;ongings.

BNP secretary general Khandaker Delwar Hossain, before her speech, had alleged that she was dragged out of the house, although the army said Khaleda Zia was leaving the house of her own volition.

"I have been living in that house for the last 40 years; a lot of memories of good and bad times are attached to that house."

"After president Zia gave his life for this country, the memories around that house became more vivid to me."

"Today, they have evicted me from that place full of nostalgia."

Terming the eviction as an atrocious act, the opposition leader said that she felt insulted and horrified by this "inhuman behaviour".

"They even did not hesitate to hit my family members."

If this is the way they treat the main opposition leader, you can well imagine what the situation of the common people is, she said.

The BNP chief claimed that law enforcers rammed the main entrance of her house.

"They have dragged me out after smashing my bedroom door."

Bursting into tears, Khaleda said law enforcers shoved her into the car.

"They [the government] are claiming that I left the house voluntary, which is nothing but a total lie."

bdnews24.com/sm/mi/pks/rhn/am/2100h

Friday, November 12, 2010

Name of Honorable Guests in the International Seminar on Human Rights Situation in Bangladesh






Mr Justice Mustafa Kamal, Former Chief Justice of Bangladesh from June first 1999 to December 31 1999,



Mr Justice Latifur Rahman, former chief justice of Bangladesh( 1st of January 2000 to 28th of February 2001) and former chief adviser of the caretaker government of the people’s republic of Bangladesh ( 15th July 2001 to 10th October, 2001)



-Mr Justice Mahmudul Amin Choudhury, former Chief Justice of Bangladesh (1st of March, 2001 to 17th of May 2002)



-Mr Justice K. M. Hasan, former chief justice of Bangladesh ( 23rd of May 2003 t0 26th of March 2004))



-Mr Justice T H Khan, Senior Advocate, supreme court of Bangladesh and Honorable Judge of the International Criminal Tribunal for Rwanda.



-Mr Rafiq-ul- Haq, Barrister- at- law and Senior Advocate of the Supreme Court and former Attorney General of Bangladesh



-Mr Ajmalul Hossain QC Senior Advocate of the Supreme Court of Bangladesh



-Mr Fida M Kamal, Barrister-at-Law, Senior Advocate of the Supreme Court, and former Attorney General of Bangladesh(5th February2007 to 18th July 2008)



we are honored to have member of the delegation of the United Kingdom Mr Steven Kay QC of 9 Bedford Row, he is the founding member of the International Criminal Law Bureau, a leading practitioner of International Criminal law and who also appeared before the International Criminal Tribunals for Yogoslavia and for the International Criminal Tribunals for RWANDA, and Mr Toby Cadman, Barrister at law and an international criminal law specialist who headed the prosecution section for war crimes in Bosnia and Herzegovina.



honorable president of the Supreme Court Bar Association Senior Advocate Khondkar Mahbub Hossen shall chair today’s seminar.

Steven Kay QC speech at sonargoan hotel seminar human rights bangladesh

part 1



part 2

Steven Kay QC speech at sonargoan hotel seminar human rights bangladesh part 3-4


Islamist oppositions are treated in this fashion

Part 3



Part 4


Islamist opposition are treated in this fashion

Steven Kay QC speech at sonargoan hotel seminar- human rights bangladesh

Part 5


Part 6

Toby Cadman Speech at Sonargoan hotel Seminar on Human rights in Bangladesh

Thursday, November 11, 2010

Amnesty International on ARBITRARY ARRESTS of Opposition in Bangladesh

AMNESTY INTERNATIONAL

PUBLIC STATEMENT


23 February 2010

For immediate release

AI Index: ASA 13/005/2010



BANGLADESH: POLITICALLY MOTIVATED ARBITRARY ARRESTS HAMPER IMPARTIAL INVESTIGATION OF CAMPUS VIOLENCE




The government of Bangladesh must refrain from arbitrary mass arrests, which appear to have been directed only at the opposition student activists. Criminal investigations must be impartial, regardless of the suspect’s political affiliation or party membership. Moreover, the authorities must ensure that the detainees are brought promptly before a court and allowed to challenge the legality of their detention, that they are not at risk of torture or other ill-treatment, and that they have access to their lawyers, families, and proper medical care.


Last week more than 300 supporters of Islami Chhatra Shibir, the student wing of the opposition party Jamaat-e-Islami, were arrested in Dhaka, Rajshahi, Chittagong and other cities. The majority of them were picked up from dormitories or rented accommodation in and around university campuses. It is not known if any of them have been charged with a recognizable criminal offence.


The arrests followed a wave of violence at major university campuses in Bangladesh, where rival student activists of the ruling Awami League party and opposition parties have fought each other over control of university halls of residence. At least four students, one from Dhaka, two from Rajshahi, and one from Chittagong universities have been killed in the midst of these clashes since early February.


The death of the first student on 2 February at Dhaka University was due to violent clashes between two rival factions of the Bangladesh Chhatra League, the student wing of the Awami League. No members of this group appear to have been investigated for his death. The government’s apparent reluctance to investigate in this case further highlights the political motivations underlying its response to the violence at the universities.



Bangladesh Chhatra League members have also been involved in clashes with the Islami Chhatra Shibir at Rajshahi, Chittagong and other university campuses. While members of the Islami Chhatra Shibir have been the main targets of the mass arrests, Bangladesh Chhatra League activists have continued to clash and attack opposition supporters, with no accountability.


Amnesty International acknowledges the responsibility of government authorities to prevent violence at the university campuses and bring those responsible for the killings to justice. However, the one-sided manner in which the police have carried out the arrests so far indicates that criminal investigations into the violence are unlikely to be impartial or fair.


Raids on student residences have been carried out at random and any Islami Chhatra Shibir supporters found there have been detained. People have reportedly been arrested arbitrarily as police have made no efforts at the time of arrest to separate ordinary student members of the Islami Chhatra Shibir from those suspected of involvement in the attacks.


The majority of the detainees are being held in jails. More than 70 of them are detained at the Dhaka Central Jail; up to 100 at the Rajshahi Central Jail; and up to 70 at the Chittagong Central Jail. More students have been picked up from other cities. According to reports, lawyers were not allowed to meet them, so they have effectively been deprived of the right to appoint legal counsel and apply for release on bail.


Between 30 and 35 of the Islami Chhatra Shibir detainees are reportedly in police custody under interrogation. Torture in police custody is widespread in Bangladesh. Detainees in police custody have no access to lawyers or family visits during the period of their remand even though there are legal provisions for such access.


The government’s politically motivated response to the violence has allowed attacks by members of the ruling party’s student wing to continue, including against news reporters covering these attacks. Bangladesh Chhatra League activists attacked and injured 11 journalists working for different Bangladeshi dailies who were covering Bangladesh Chhatra League’s incidences of beating of other students on the Rajshahi university campus on 11 February.


Background


Violence at university campuses is a frequent occurrence in Bangladesh. Groups involved in the violence are student wings of the main political parties. These student groups are mainly Bangladesh Chhatra League (BCL, affiliated to the Awami League, which has the majority of seats in Parliament but rules in coalition with 13 much smaller parties); Islami Chhatra Shibir, (Shibir, affiliated to Jamaat-e-Islami, currently in opposition), and Bangladesh Chhatra Dhal (BCD, affiliated to the Bangladesh Nationalist Party, currently in opposition). These groups have in the past reportedly kept arms and have used violence leading to deaths and injury of people. Political parties have pledged, but failed, to disarm them. None of the political parties has condemned the violence carried out by their own members, while often only blaming their opponents for the violence.

main article: http://goo.gl/AblRe

Amnesty International on Mirza Abbas's home torture


Bangladeshi security forces used excessive force during raid
Victims of the raid described sustained and unprovoked beatings

Victims of the raid described sustained and unprovoked beatings

© Amnesty International

Amnesty International has photographed male and female victims' injuries

Amnesty International has photographed male and female victims' injuries

© Amnesty International

30 June 2010

Bangladeshi security forces used excessive force during a raid on the house of a senior opposition politician on 27 June, Amnesty International said on Thursday.

The Bangladesh Rapid Action Battalion (RAB) carried out a violent attack on those gathered peacefully inside the house of Mirza Abbas, a leading Bangladesh National Party (BNP) politician and former mayor of Dhaka, according to testimony given to Amnesty International.

Victims of the raid described sustained and unprovoked beatings of activists and Mirza Abbas' family members, denial of medical treatment after arrests, and the eliciting of signatures on blank forms as a condition of release, which Amnesty International suspects are for the purpose of falsifying confessions.

Amnesty International has photographed injuries to male and female victims of the beatings.

More than twenty people were injured during the raid, including Mirza Abbas’ wife Afroza Abbas and his 85 year old mother.

BNP supporters had gathered at Mirza Abbas’s house after he been arrested and accused of involvement in violence during a general strike called by the party.

"The government should immediately investigate the circumstances surrounding this violent raid and ensure that any people hurt by security officials receive justice and appropriate compensation,” said Abbas Faiz, Amnesty International’s Bangladesh researcher, from Dhaka.

Amnesty International is calling on the authorities to order security forces to comply with their obligations to exercise restraint and avoid the use of excessive force as the country faces a series of clashes during protests.

At least 80 people have been injured over the past two days as police clashed with striking textile workers and protesters contesting the arrest of three top leaders of the opposition Jamaat-e-Islami party.

The main opposition party, the Bangladesh Nationalist Party (BNP), called for a national strike on 27 June. The strike, which was generally orderly, sparked off clashes between the police and demonstrators in some parts of the country, including in Dhaka.

Hundreds of people have been arrested on allegations of involvement in violence, including Mirza Abbas.

“There has been no evidence that the people in Mirza Abbas’ house were violating any law or in any way threatening anyone, so the violent actions of RAB seem totally unjustified,” said Abbas Faiz. “Given RAB’s history of using of excessive, even lethal, force, this incident demands an immediate and strong reaction from the authorities.”

The RAB claims that the security forces entered the ground floor office of Mirza Abbas after people had thrown pieces of bricks at them from that direction.

However, video footage taken by journalists and viewed by Amnesty International shows no sign of people attacking RAB officers in or around the house, but rather, shows RAB personnel attacking people inside the house.

One woman told Amnesty International that she was in the courtyard fetching water when RAB personnel stormed in and grabbed her: "They beat me on my back, the back of my thighs, my arms and my shoulders with a baton. I fell on the ground but the RAB people continued beating me."

She said four or five men beat her until she lost consciousness, and that she did not go to hospital out of fear of arrest there.

Another woman said she was handcuffed in front of the house, then was tied up with a rope and dragged into the courtyard where she was beaten.

She was detained for eight hours by police, denied medical treatment, and only released on condition that her husband sign a blank piece of paper that they feared would be used to manufacture false evidence.

A woman who ran to the bathroom to hide from the security forces told Amnesty International that the RAB chased her, forced the bathroom door open, dragged her out and began to beat her. "I kept asking why they were beating me, but they did not stop and did not answer."

A RAB official who spoke to Amnesty International said "perhaps there should have been more restraint; if there have been excesses, these would be investigated."

However, the government has so far ignored calls from BNP politicians and at least one MP of the governing Awami League to address RAB excesses in the raid.

"The government of Bangladesh must stop praising security forces for carrying out human rights violations, and instead make them accountable to the rule of law," said Abbas Faiz.

Amnesty International also called for investigations into any criminal attacks carried out by demonstrators during the general strike to be carried out through the criminal justice system, not punished by security forces outside of the due process of law.
main article: http://goo.gl/eGpXL

Tuesday, November 9, 2010

Bangladesh War Crimes Tribunal : A Wolf in Sheep’s Clothing? - Steven Kay QC



The International Crimes (Tribunals) Act 1973 was amended to become the International Crimes (Tribunals) (Amendment) Act 2009. It created a Tribunal “for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law” and imported internationally recognized crimes into the laws of Bangladesh.



(a) Jurisdiction

Section 3 gives the Tribunal jurisdiction over crimes committed before or after the commencement of the Act[OB11] .

By section 3(1) A tribunal shall have the power to try and punish any individual or group of individuals, or any member of any armed, defence or auxiliary forces, irrespective of his nationality, who commits or has committed, in the territory of Bangladesh, whether before of after the commencement of this Act, any of the crimes mentioned in subsection (2).





Bangladesh First Constitutional Amendments 1973



Article 47 (3) was introduced into the Constitution in 1973 and provided[OB12] that members of armed, defence or auxillary forces or prisoners of war detained or charged under any law or provision with genocide, crimes against humanity, war crimes or other crimes of international law which was inconsistent or repugnant to the Constitution, those laws or provisions could not be challenged as being void or unlawful.[3] This amendment had the effect of withdrawing constitutional rights from a particular group of people within Bangladesh society who were not even convicted but at the most were only suspected of such crimes and who could have been detained without the requirement of suspicion.[4] These crimes were international crimes which did not previously exist within the Bangladesh criminal laws and were being imported to deal with events arising from the war of independence as part of the doctrine of universality of such crimes.



Under newly introduced Constitution Article 47A(1)[5] other[OB13] guaranteed constitutional rights were also explicitly withdrawn from such people.[6] These were the rights given[OB14] to every citizen of the protection of the law; the universal right of nullem crimen sine lege[OB15] (no crime without there being a law in force at the time); and the right to an expeditious trial by[OB16] an independent and impartial court or tribunal. By new Article 47A(2)[7] these[OB17] persons detained or suspected or charged were also specifically denied the right to seek remedies available under the Constitution from the Supreme Court of Bangladesh.



The overall effect of these measures was to put persons questioned, detained, suspected of committing crimes or charged with crimes within the International Crimes (Tribunal) Act 1973 outside the norms of the national legal system. For[OB18] the first time inequality had been introduced into the Bangladesh justice system by the Constitution that claimed to promote equality.





The Crimes in section 3(2)(a) these are defined as being[OB19] :

Crimes against Humanity namely, murder, extermination, enslavement, deportation, imprisonment, abduction, confinement, torture, rape or other inhumane acts committed against any civilian population or persecutions on political, racial, ethnic or religious grounds, whether or not in violation of the domestic law of the country where perpetrated;

Crimes against Peace namely, planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;



Genocide meaning and including any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, religious or political group, such as:

(i) killing members of the group;

(ii) causing serious bodily or mental harm to members of the group;

(iii) deliberately inflicting on the group conditions of life calculated to

bring about its physical destruction in whole or in part;

(iv) imposing measures intended to prevent births within the group;

(v) forcibly transferring children of the group to another group;



War Crimes namely, violation of laws or customs of war which include but are not limited to murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population in the territory of Bangladesh; murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages and detenues, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

Violation of Geneva Conventions of 1949 of any humanitarian rules applicable in armed conflicts laid down in the Conventions;

Any other crimes under international law;

Attempt, abetment or conspiracy to commit any such crimes;

Complicity in or failure to prevent commission of any such crimes.

The crimes within Section 3 have been defined by many international courts since 1993 when the UN Security Council established the International Criminal Tribunal for the Former Yugoslavia[8]. This was the first of the many international criminal courts and tribunals that have now been established and the definitions of these crimes have been more carefully revised from the model of the Nuremberg Charter from which the ICTAA 2009 is derived.[9]

By Presidential Order No.16 of 1973, the[OB20] liberating forces were given immunity from prosecution under the ICTA 1973. The objects of the prosecutions were thereby defined as being only those from the Pakistan forces. The[OB21] amendments to the Act in 2009 did not incorporate the Presidential decree so as to show with transparency the full terms of this statute. This is a clear attempt to hoodwink the international community into believing these are impartial laws. In fact, there can be no clearer indication of the intention to apply these legal procedures in a discriminatory way and in defiance of the constitutional duties to equality.[10]

(b) Liability for crimes

Section 4 sets out the definition of joint criminal liability and command responsibility[OB22] .

As to joint liability it does not distinguish between offence and crime and so the extent of intended criminal liability is unclear:



4. (1) When any crime as specified in section 3 is committed by several persons, each of such person is liable for that crime in the same manner as if it were done by him alone.



In relation to command responsibility the level of knowledge when connected with “plans and activities involving the commission of such crimes” is also unclear.



4. (2) Any commander or superior officer who orders, permits[OB23] ,

acquiesces or participates in the commission of any of the crimes

specified in section 3 or is connected with any plans and activities

involving the commission of such crimes or who fails or omits to

discharge his duty to maintain discipline, or to control or supervise

the actions of the persons under his command or his subordinates,

whereby such persons or subordinates or any of them commit any

such crimes, or who fails to take necessary measures to prevent the

commission of such crimes, is guilty of such crimes.

(c) Official Position [OB24]

5. (1) The official position, at any time, of an accused shall not be considered freeing him from responsibility or mitigating punishment.

(2) The fact that the accused acted pursuant to his domestic law or to order of his Government or of a superior shall not free him from responsibility, but[OB25] may be considered in mitigation of punishment if the Tribunal deems that justice so requires.

(d) The Tribunal

6. (1) For the purpose of section 3, the Government may, by notification in the[OB26] official Gazette, set up one or more Tribunals, each consisting of a Chairman and not less than two and not more than four other members.

(4) If any member of a Tribunal dies or is, due to illness or any

other reason, unable to continue to perform his functions, the

Government may, by notification in the official Gazette, declare the

office of such member to be vacant and appoint thereto another

person qualified to hold the office.

(5) If, in the course of a trial, any one of the members of a

Tribunal is, for any reason, unable to attend any sitting thereof, the

trial may continue before the other members.

(6) A Tribunal shall not, merely by reason of any change in its

membership or the absence of any member thereof from any sitting,

be bound to recall and re-hear any witness who has already given

any evidence and may act on the evidence already given or

produced before it.

(8) Neither the constitution of a Tribunal nor the appointment of its

Chairman or members shall be challenged by the prosecution or by the accused persons or their counsel.

Conflicts of interest or bias or prejudice or bad behavior of any Judge may not be raised by the parties in order to challenge the fairness and impartiality of the trial. The Bangladesh Constitution Article 35(3) which was in accordance with ICCPR Article 14.1 and UDHR Article 10 giving the right to be tried by an independent and impartial court or tribunal was amended in 1973 so that this right was withdrawn from these cases.[11] New Articles 47(3) or 47A(2) of the Constitution prevents challenge in the Supreme Court to enforce rights normally within the Constitution. These restrictions are also relevant to ICTAA 2009 sections 6(4), 6(5) and 6(6) which permits proceedings to continue notwithstanding the absence of a Judge as well as the substitution of a Judge in the event of indisposition due to death or illness.[12] It is very clear that such arrangements during an ongoing trial may raise genuine issues of capacity for a Judge to be able to try a case fairly in such circumstances. It would at least be in the interests of justice for the court to provide justification and be held accountable for any decisions it made under these provisions

The lack of right to challenge and inability to request the Tribunal to be accountable for its conduct at the time of the trial can also be seen in ICTAA 2009 section 10(h), which restricts the rights of parties to object or question a witness questioned by a Judge.[13] A party may have good grounds for objection to the conduct or action of the Tribunal which may be unfair – for instance if a question contrary to rules of evidence, is unfair, wrong in fact, irrelevant to the issues or misleading to the witness or capable of misinterpretation.

(e) Investigation[OB27]

8. (5) Such person shall be bound to answer all questions put to him[OB28]

by an Investigation Officer and shall not be excused from answering

any question on the ground that the answer to such question will

criminate, or may tend directly or indirectly to criminate, such

person: Provided that no such answer, which a person shall be compelled to give, shall subject him to any arrest or prosecution, or be proved

against him in any criminal proceeding.

Although section 8.5[14] restricts the effect of such questioning to the provision of information, as it is now 40 years since the events concerned there can be no justification based upon national emergency to support such a rule. The[OB29] Bangladesh Code of Criminal Procedure section 161 (2), provides for protection against self-incrimination within the national criminal law of Bangladesh and this is an example of the divergent standards of justice.[15]

(f) Commencement of Proceedings

Download powerpoint presentation version :

Saturday, November 6, 2010

Committee to Protect Journalists reports; In Bangladesh, newspaper shut down, editor arrested


New York, June 2, 2010—The Bangladeshi government must fully explain the circumstances that led police to close the Bengali-language, pro-opposition daily Amar Desh based in the capital, Dhaka. Police cited supposed publishing irregularities when they arrested acting editor Mahmudur Rahman early today, news reports said, but the shutdown appears to be politically motivated.

On Tuesday, the newspaper’s publisher, Hashmat Ali, filed a fraud complaint against Rahman, saying the daily was being wrongly published in his name, news reports said. Rahman told reporters that intelligence officials had forced Ali to file the charge as a pretext for closing the paper.

Dhaka Deputy Commissioner Muhibul Haque signed an order Tuesday night cancelling the newspaper’s publication rights on grounds it had no authorized publisher, according to local news reports. Police went to the paper’s production facility later that night and ordered it to stop printing, reports said. More than 200 police separately stormed the paper’s offices, according to the local English-language newspaper The Daily Star. Antigovernment protesters outside the building and journalists inside tried to bar them from entering, but Rahman was eventually arrested and led away at 4 a.m. today, the Star reported.

Rahman was granted bail in the fraud case, but was kept in custody on separate charges filed against him and colleagues at the newspaper for obstructing police, according to the local news Web site bdnews24.

“Using 200 police to shut down a newspaper in the middle of the night over alleged publication irregularities is excessive and suggests the government is trying to suppress a critical media outlet. There needs to be a full explanation of the motives behind such a drastic move,” said Bob Dietz, CPJ’s Asia program coordinator. “Amar Desh should be allowed to resume publishing.”

Rahman served as energy advisor to former Prime Minister Khaleda Zia when her Bangladesh National Party (BNP) led a four-party alliance government from 2001 to 2006. Rahman, the major shareholder of Amar Desh and the paper’s acting editor since 2008, and his staff have been charged with more than 20 counts of defamation in all, in connection with articles about the ruling Awami League party, which came to power in December 2008, according to local news reports.

In the fraud case, Ali’s complaint alleged that Amar Desh continued to be published under his name for several months after he withdrew from the post in writing—leaving him liable in the multiple legal cases filed against the paper, according to The Daily Star. Rahman’s application to publish the paper in his own name was declined because of the pending defamation suits, the Star reported. Rahman told reporters at a Tuesday afternoon press conference that National Security Intelligence (NSI) officials had detained Ali for at least five hours and had forced him to file the charge. Local news reports citing unnamed family sources said Ali went missing on Tuesday morning. NSI officials and police denied that had detained Ali when contacted by local journalists.

Friday, November 5, 2010

War crimes law 'falls short' said International Bar Association

By David Bergman

Dhaka, Mar 14 (bdnews24.com)—An expert panel of international lawyers, including a former war crimes prosecutor, has submitted a legal opinion to the government setting out reasons why Bangladesh's legislation for planned war crimes trials is not compatible with international standards.

The lawyers recommend a further 17 changes to the recently amended International Crimes (Tribunals) Act 1973, arguing that it contains "significant omissions" regarding protection of rights of those on trial and "out of date" definitions of war crimes.

The legal opinion, written by the War Crimes Committee of the International Bar Association (IBA), was formally submitted at the end of February to the Bangladesh government by the UK's All-Party Parliamentary Human Rights Group who had requested the legal advice.

The UK parliamentary group told bdnews24.com that the Bangladesh High Commission in London had confirmed 12 days ago that it had sent the legal advice to the "relevant government authorities" in Bangladesh.

A spokesperson from the group said, "We are now waiting for a more substantive reply from the relevant government authorities."

Law minister Shafique Ahmed who is out of the country could not be reached for comment, but state minister Kamrul Islam told bdnews24.com on Sunday he had not yet seen the legal opinion.

"I have not officially received a copy of the document. When the law minister returns and we receive a copy, we will review it."

Trial of 1971 war crimes was among the top election pledges of Sheikh Hasina's Awami League government. The government, since coming to power in January last year, has taken a number of steps to put Bangladeshis in the dock who face charges of genocide, rape, arson, looting and abetting the Pakistani occupation forces during the 1971 liberation war.

Among these steps was the amendment of the International Crimes (Tribunals) Act 1973. Law minister Shafique Ahmed tabled the bill for its amendment in parliament last July 8, following a process of consultation with the Law Commission. The parliamentary standing committee on law was given one night to scrutinise the bill, before its passage the following day.

AREAS OF CONCERN

The IBA's War Crimes Committee comprises a 20-member expert advisory board, including Justice Richard Goldstone who was a former chief prosecutor for the International Criminal Tribunal for former Yugoslavia and the International Criminal Court.

They recommend 17 changes to the International Crimes (Tribunals) Act 1973, amended by the government last year, though they do acknowledge that the legislation "provides a system that is broadly compatible with current international standards".

The IBA's "area of greatest concern" in the amended Act involves the rights of individuals on trial where there are "some significant omission of the accepted international standards", according to the legal opinion submitted to the government.

The Act should not allow tribunals to continue in absence of any of its members, the lawyers argue. The accused must also have the right to challenge the constitution of the tribunal as well as the appointment of its members if "possible prejudice" arises during the trial, say the international lawyers.

The provisions concerning the process of investigation, in particular the rules relating to self-incrimination, are "complicated", "confusing" and "should be removed as unnecessary", the legal opinion says.

The lawyers advise that sections of the Rome Statute of the International Criminal Court dealing with rights of suspects during investigations should be included in the Act. They also propose that Article 14 of the International Covenant on Political Rights which sets out "fundamental principles which protect the rights of individuals before a court of law", should be incorporated.

The legal note raises concerns about definitions of two offences in the Act. It states that the definition of "crimes against humanity" used in the Act "misses an important element of the more modern definition" which says the crimes must be "widespread or systematic" and the accused person must have had "knowledge" of the crimes.

It also says that the offence of "crime against peace" should be deleted as it contains "outdated statutory language which remains undefined in most recent statutes in international criminal law".
http://www.bdnews24.com/details.php?id=155832&cid=2

opinion of Michael J Beloff QC on War Crimes Tribunal in Bangladesh

Michael J Beloff QC was specifically instructed to advise with regard to the constitutionality of Articles 47(3) and 47A of the Constitution as introduced by Constitution (First Amendment) Act, 1973. Under Article 47(3) of the Constitution, the provisions of the International Crimes (Tribunals)
Act, 1973 (“the 1973 Act”) cannot be challenged as being contrary to the Constitution. Moreover, under Article 47A persons accused under the 1973 Act do not have the right to move the Supreme Court to seek enforcement of their fundamental rights. It was the opinion of the Hon. Michael J Beloff QC that Judicial Review was a basic structure of the Constitution of Bangladesh. Articles 47(3) and 47A, restricted the constitution powers of the
High Court Division to judicially review administrative actions of the Government and legislations passed by the legislature. As such he concluded in his opinion “that Article 47(3) and 47A are unconstitutional
in so far as they abrogate judicial review in the circumstances therein defined”.
The Hon. Michael J Beloff QC was also of the opinion that section 6 of the 1973 Act offends against the requirement that a Tribunal be independent. The Tribunal members do not enjoy security of tenure guaranteed to mainstream members of the judiciary (Article 96 of the Constitution). To that extent it falls short of appropriate standards. The lack of security of tenure could predispose
(or be thought to predispose) the Tribunal to be partial to the Government prosecutor. Moreover the inability to challenge the constitution of the Tribunal (Section 6(8) of the 1973 Act) albeit shared by the prosecution as well as the defence could still result in a Tribunal with the actuality
or appearance of bias, (contrast e.g. The Rome Statute permitting such a challenge: Article 41.1 and 2(b). The 1973 Act contains no articulated presumption of innocence. The absence of an express provision
puts it out of alignment with the Universal declaration of Human Rights and the International Covenant of Civil and Political Rights.
Finally, there is no provision for bail in the 1973 Act; Section 11(5) deals only with powers of detention of an accused. However, freedom pending trial is the presumptive position. Provisions as to bail are required expressly by Article 9.3 of the International Covenant of Civil and Political
Rights and by Article 9 of the Universal Declaration of Human Rights.

IBA's Opinion on Consistency of Bangladesh’s International Crimes (Tribunals) Act 1973 with International

opinion of the International Bar Association:INTERNATIONAL BAR ASSOCIATION, WAR CRIMES COMMITTEE TO THE UNITED KINGDOM PARLIAMENT HUMAN RIGHTS GROUP on

Consistency of Bangladesh’s International Crimes (Tribunals) Act 1973 with International Standards



DATE: 29 December 2009
REQUEST FOR REVIEW AND OPINION:
A request has been made by the UK Parliament Human Rights Group to the War Crimes Committee
of the International Bar Association to conduct a legislative review of the Bangladesh International
Tribunal Act 1973, as amended by the Amendment Act 2009, and provide an opinion as to whether
it is consistent with current international criminal standards.
PRELIMINARY OBSERVATIONS:
i. The War Crimes Committee (WCC) of the International Bar Association (IBA) consists of lawyers
practising or with a special interest in international criminal law. It includes prosecutors, defence
lawyers and academics.
ii. This Opinion considers only the consistency of the Bangladesh legislation with current inter
national standards. It does not consider the wider political justification for holding such crim
inal trials in Bangladesh.
iii. The WCC, as a part of the International Bar Association, is committed to the prosecution of
those responsible for violations of international criminal laws. Such prosecution must however
be based upon international standards of fair trial, both in the identification of accused and
the conduct of the investigation and trial process.
CONCLUSIONS:
i. The 1973 legislation, together with the 2009 amending text, provides a system which is
broadly compatible with current international standards. However, there are some areas
which now appear out of date, having fallen behind the more recent practice in i n t e r n a -
tional tri bunals. This includes the basic definition for some of the crimes, as well as the penalty
available upon conviction.
ii. The area of greatest concern is with respect to the rights protecting the interests of individuals
on trial. Here there are some significant omissions of the accepted international standards.
The most basic account of those standards is set out in Article 14 of the International Covenant
on Civil and Political Rights. Although a number of those standards are included within the
1973 legislation, there are others which are not, and would therefore leave a Bangladesh
tribunal open to criticism.
iii. Moreover, the rights of an individual during the investigation stage (as opposed to during
trial) are separately identified in the text which established the International Criminal Court.
These are missing from the Bangladesh legislation.
Opinion of IBA
14
SUMMARY OF RECOMMENDATIONS:
xv. The definition for Crimes against Humanity should be amended to read:
Crimes against Humanity means any of the following acts when committed as part of a wide
spread or systematic attack, with knowledge of the attack: murder, extermination, enslave
ment, deportation, imprisonment, abduction, confinement, torture, rape or other inhumane
acts committed against any civilian population or persecutions on political, racial, ethnic or
religious grounds, whether or not in violation of the domestic law of the country where per
petrated;
xvi. Section 4 of the 1973 Act should be amended to include the words ‘knew or should have
known’ in the definition of superior responsibility, which would bring the section into line
with the more recent statutes.
xvii. The Tribunal’s jurisdiction should be extended to cover criminal responsibility for civilian
superiors, not just military commanders.
xviii. Subsection 6(5) of the 1973 Act should be amended so that if any one of the Tribunal members
is unable to attend a hearing, the trial is adjourned.
xix. A provision should be added allowing for challenges to the constitution of the Tribunal or
appointment of its Chairman or members based on impartiality. A different chamber (preferably
a Court of Appeal) should adjudicate challenges to Tribunal members within a limited
and fixed timeframe to ensure a speedy recommencement of the trial itself.
xx. Subsections 8(5) and (7) of the 1973 Act should be removed on the basis that they are
unworkable and unnecessary.
xxi. Subsection 11(2) should be amended so as not to allow the Tribunal to draw a negative in
ference from an accused person’s silence.
xxii. Section 18 should be removed.
xxiii. Protection against self-incrimination for accused persons should be made explicit. Similar
protection should be provided for witnesses as well.
xxiv. A provision should be added to section 10 to allow defense counsel to make an opening
statement.
xxv. The rights provided in Article 14 of the ICCPR should be added to the 1973 Act. At minimum,
section 12 of the 1973 Act should be amended to include mandatory language. For example,
the amended provision could read as follows:
Where an accused person is not represented by counsel, the Tribunal shall, at any stage of the
case, direct that a counsel shall be engaged….
xxvi. The provision in the 1973 allowing for the death penalty to be used against a convicted
accused person should be removed from the legislation.
Opinion of IBA
15
xxvii. The legislation should be amended so that convicted persons are provided the right to appeal
to an appellate court apart from the regular judicial structure.
xxviii. Subsection 19(1) should be deleted from the 1973 Act.
xxix. Special evidentiary provisions regarding proof of historical facts should be added to the
legislation.
xxx. The duties and powers of the prosecution set out in Article 54 of the Rome Statute should be
added to the 1973 Act.
xxxi. The rights of a suspect during the investigation stage set out in Article 55 of the Rome Statute
should be added to the 1973 Act.
AUTHORITIES AND REFERENCES:
i. The London Charter of the International Military Tribunal (Nuremberg Charter): 8 August 1945;
ii. International Covenant on Civil and Political Rights: adopted by United Nations General Assembly,
16 December 1966; came into force 23 March 1976.
iii. Rome Statute for the International Criminal Court: 17 July 1998; and

International Bar Association on the Legality of War Crimes Tribunal of Bangladesh

An international expert panel which includes international lawyers and former war crimes prosecutor has submitted a legal opinion to the government about legislation for war crimes trials. According to the report Bangladesh legislation for war crimes trials is not compatible with international standards. Whit this legal opinion the expert lawyers panle has recommended a further 17 changes to the recently amended International Crimes (Tribunals) Act 1973. Changes contains "significant omissions" regarding protection of rights of those on trial and "out of date" definitions of war crimes.

The War Crimes Committee of the International Bar Association (IBA) formally submitted the written legal opinion at the end of February to the Bangladesh government. The UK's All-Party Parliamentary Human Rights Group, who had requested the legal advice from Govt., has presented the written opinion.

The UK parliamentary group confirmed press that the Bangladesh High Commission in London had confirmed 12 days ago that it had sent the legal advice to the "relevant government authorities" in Bangladesh. A spokesperson from the international expert also said, "We are now waiting for a more substantive reply from the relevant government authorities."
Shafique Ahmed, the Law minister could not be reached for comment as he is staying out of country now but the state minister Kamrul Islam mentioned he had not yet seen the legal opinion. The state minister said "I have not officially received a copy of the document. When the law minister returns and we receive a copy, we will review it."

Trial of 1971 war crimes was among the top election pledges of Sheikh Hasina's Awami League government. The government, since coming to power in January last year, has planning for war crimes trials.

20-member expert advisory board from The International Bar Association (IBA) recommend 17 changes to the International Crimes (Tribunals) Act 1973, amended by the government last year, though they do acknowledge that the legislation "provides a system that is broadly compatible with current international standards".

The IBA's "area of greatest concern" in the amended Act involves the rights of individuals on trial where there are "some significant omission of the accepted international standards", according to the legal opinion submitted to the government.

The provisions concerning the process of investigation, in particular the rules relating to self-incrimination, are "complicated", "confusing" and "should be removed as unnecessary”.

The legal note raises concerns about definitions of two offences in the Act. It states that the definition of "crimes against humanity" used in the Act "misses an important element of the more modern definition" which says the crimes must be "widespread or systematic" and the accused person must have had "knowledge" of the crimes.


The Act should not allow tribunals to continue in absence of any of its members. The accused must also have the right to challenge the constitution of the tribunal as well as the appointment of its members if "possible prejudice" arises during the trial.


The lawyers advise that sections of the Rome Statute of the International Criminal Court dealing with rights of suspects during investigations should be included in the Act.

Another proposal is that Article 14 of the International Covenant on Political Rights which sets out "fundamental principles which protect the rights of individuals before a court of law", should be incorporated.

It also says that the offence of "crime against peace" should be deleted as it contains "outdated statutory language which remains undefined in most recent statutes in international criminal law".



Source: International Bar Association (War Crime Committee), Bd News24
Key words: War Crimes Committee, War Crimes, international lawyers, International Bar Association, war crimes trial, War Crime Tribunal

http://tazakhobor.com/bangladeshi-news-views/1-bangladeshi-news-views/93-warcrimelaw

Lord Eric Avebury on Bangladesh war crimes


International Bangladesh Foundation

Patron Lord Dholakia Chair Lord Avebury

315 Collier Row Lane, Romford, Essex RM5 3ND

Tel: 01708 448055 Fax 01708 470 256

http://hem.bredband.net/secularvoice/

30 May 2010

PRESS RELEASE PRESS RELEASE PRESS RELEASE

Bangladesh has made all preparations for war crimes trial: Syed Ashraf

Syed Ashraful Islam, LGRD minister, who is here in London on a short visit, met Lord Avebury, Vice Chair of UK’s All Party Parliamentary Group on Human Rights, Chairman of Bangladesh International Foundation & Co-Chair, Chittagong Hill Tracts Commission on Friday 30 May 2010 to discuss issues of mutual interest.

He informed Lord Avebury that Bangladesh has made all preparations to seek justice for the victims of Bangladesh War of 1971.

Syed Ashraful Islam said in order to initiate trial against those accused of war crimes, crimes against humanity, genocide, torture, rape and murder of civilians, tribunal and prosecution teams have been established. Prosecution team has already started its work.

Lord Avebury supported the initiative taken by the government to try the war criminals but enquired about concerns raised about the trial process in a report by the International Bar Association (IBA) to the Parliamentary Hyman Rights Group Syed Ashraf said the Bangladesh government had amended the 1973 Act to bring it into conformity with international judicial norms including rights of appeal and open and transparent court proceedings. The Government had ratified the Rome Statute on the International Criminal Court to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, but this applied only to crimes committed since the Rome Statute came into force such as the attempted assassination of Sheikh Hasina. Syed Ashraful Islam said members of the IBA would be welcome to visit Bangladesh.

On Chittagong Hill Tracts Syed Ashraf said the he had recently visited Chittagong to ensure the peaceful coexistence of both indigenous population and Bengalis. The Rohingya issue was also discussed. It was agreed that the land issue was critical, and Lord Avebury re-emphasised the conclusion of the CHT Commission in their last report, that the settlement of individual disputes between holders of land by traditional communal title and those who were later granted individual plots by District Commissioners should be settled before the CHT Land Commission launched its general survey.

The meeting was attended by Joint Secretaries of International Bangladesh Foundation Sujit Sen & Ansar Ahmed Ullah, human rights activists Sunahwar Ali from Bangladesh and Raktim Das from the Russian Federation.

Syed Ashraful Islam formally invited Lord Avebury to Bangladesh who gladly accepted the invitation, but said it would have to be later than his next visit as vice-chair of the CHT Commission in the summer.

End

War Crimes trials should comply with international standards said Lord Avebury, Vice-Chair, Parliamentary Human Rights Group UK


020-7274 4617
ericavebury@gmail.com
ericavebury.blogspot.com

Statement by the office of Lord Avebury, Vice-Chair, Parliamentary Human Rights Group

June 24, 2010

War Crimes trials should comply with international standards

At the request of the All-Party Parliamentary Human Rights Group (PHRG), the War Crimes Committee of the International Bar Association (IBA) examined the compatibility with international standards of the legislation under which the government of Bangladesh intends to hold trials of persons accused of war crimes and crimes against humanity in the war of independence in 1971 . The purpose was not to challenge the right of Bangladesh to try the perpetrators of these crimes, but to ensure that no objection to the proceedings would be likely to arise on the grounds that the 1973 Act was not in conformity with developments in the legal standards developed over the last 37 years.

At the end of 2009 the War Crimes Committee reported its findings to the PHRG, and after internal consideration, the report was sent to the Bangladesh High Commissioner under cover of a letter from the Chair of the PHRG, Ms Ann Clwyd, requesting that it be transmitted to relevant Ministers in Bangladesh, and asking for their comments.

A seminar was held on June 24 in Committee Room 3 of the House of Lords to discuss the IBA report, and the High Commissioner finally sent his government’s comments on June 21. He was unable to attend the seminar or to send a representative.

The main speakers were:

Stuart Alford, Chair of the War Crimes Committee of the International Bar Association
Khandker Mahbub Hossain, President of Supreme Court Bar Association of Bangladesh
Christopher Keith Hall, Senior Legal Adviser, International Justice Project, Amnesty International
Toby Cadman, International Bar Association

The representatives of the IBA reiterated that they would be ready to give detailed advice to the government of Bangladesh on how the legislation could be amended so as to comply with recent norms of international law, in line with models such as the Rome Statute on the International Criminal Court, the International Criminal Tribunal on the former Yugoslavia, the International Criminal Tribunal on Rwanda, and national tribunals such as those in East Timor and Sierra Leone. They added that there no doubt were other international legal authorities who would be prepared to offer constructive advice if it were requested.

Lord Avebury undertook to convey this offer of a dialogue to the authorities in Bangladesh


Ends

Jordans Oposition Party Calls on Bangladesh to lift restrictions


Dr Hammam Saed from the Islamic Action Front MB offshoot in Jordan called on the Bangladesh Prime Minister to lift the imposed restrictions on the political Islamic groups and media there.


Dr Hammam Saed from the Islamic Action Front MB offshoot in Jordan called on the Bangladesh Prime Minister to lift the imposed restrictions on the political Islamic groups and media there



He stressed that the group were a positive force in the development of the nation and the continued arrests and prosecutions on the group and other political and humanitarian activists is shameful



Saed maintained that the Bangladeshi and Pakistani nations had always advocated Islam and the government's constant violating of human rights thwarted the continued efforts for progress

Muslim Brotherhood official web on "War Crime" tribunal in Bangladesh


Islamists in Bangladesh face constant suppression

Since its coming into power in early 2009, there have been numerous reports that the Awami League in Bangladesh has been torturing leaders of opposition political parties in an attempt to suppress dissent voices and intimidate further opposition.


Since its coming into power in early 2009, there have been numerous reports that the Awami League in Bangladesh has been torturing leaders of opposition political parties in an attempt to suppress dissent voices and intimidate further opposition

Under the previous Awami League government during the 1970's, all newspapers except for four under government control had been closed with the ban of other political groups. The current regime has been following similar methods thwarting opposition's political activities and rallies and shutting down television channels including Channel-1 and Jamuna TV, and the widely-circulated newspaper Amar Desh.

The Awami League has been brutal in its treatment of opposing political parties' members and leaders. Opposition leaders including former foreign secretary and Ambassador Mr. Shamsher Mobin Choudhury who is partially disabled were arrested, tortured by police and the ruling regime’s party men and are currently detained

On 29 June 2010, the regime also arrested three senior leaders of Jamaat Islam on blasphemy allegations, which were unfounded and pointless. The regime is perpetrated to leaders and political activists and opposition parties including Bangladesh Nationalist Party and Bangladesh Jamaat Islam and their student organizations. The continued human rights violation ranging from rapes to unlawful tortures are turning Bangladesh into a failed state. Despite a High court rule ordering the government not to arrest or harass them two other central Jamaat leaders have also been arrested while all central leaders of Jamaat have been unlawfully barred from going abroad.

If the international world chooses to remain silent to the constant repression on opposition political leaders and activists the country could be facing a civil war.

source: http://www.ikhwanweb.com/article.php?id=25797

Report of Turksih Human Rights Organization on Bangladesh "War Crime" trial


Chairman of the Oppressed (Mazlumder) Ahmet Faruk Unsal have made a statement in order to put an end to the ongoing Following irregular Judgments to acting as a legal political party in Bangladesh, the Islamic Jamaat

War Crime Trials of the Jamaat-e Islami in Bangladesh violate the Rights of the opponents



Bangladeshi Prime Minister Sheikh Hasina spoke of the establishment of the International Criminal Court for crimes allegedly committed during 1971 Bangladeshi War of Independence in his speech at the United Nations General Assembly on 24 September Friday 2010. Bangladeshi Prime Minister Sheikh Hasina spoke of the establishment of the International Criminal Court for crimes allegedly committed during his speech at the 1971 Bangladeshi War of Independence of the United Nations General Assembly on Friday 24 September 2010. Prime Minister Sheikh Hasina stated that the prosecution of war crimes would correspond to the spirit of the Rome Statute of the International Criminal Court which Bangladesh ratified. Prime Minister Sheikh Hasina stated that the prosecution of war crimes would correspond to the spirit of the Rome statute of the International Criminal Court which Bangladesh ratified. Prime Minister's Hasina's claims are unfounded. Prime Minister's Hasina's claims are unfounded. According to Rome Statute the jurisdiction of the International Criminal Court does not cover any crimes over 39 years. According to the Rome statute of the International Criminal Court the jurisdiction to cover not does any crimes over 39 years. Furthermore, war crimes files of those who cooperate with Pakistan Army during the war of separation of Bangladesh -then called East Pakistan - from united Pakistan were examined in the years 1972 and 1973 in Bangladeshi courts and issue was solved following the recognition of Bangladesh by Pakistan in 1974. Furthermore, those who cooperate with war crimes files of Pakistan Army during the War of the separation of Bangladesh-then called East Pakistan - from united Pakistan were examined in the years 1972 and 1973 in the Bangladeshi courts and issue was solved Following the recognition of Bangladesh by Pakistan in 1974. None of the accused today have been charged with nor convicted of that day. None of the accused have been charged with nor convicted of that day today. In addition, four of the five arrested top-level manager of the Jamaat were students during 1971 Bangladeshi War of Independence and one had joined Jamaat in 1973. In addition, four of the five top-level manager of the Jamaat were arrested during student '1971 War of Independence and one Bangladeshi Jamaat had joined in 1973.



3 prominent leaders of Jamaat, President Maulana Motiur Rahman Nizami, Vice President Allama Delwar Hossain Sayedee, and the Secretary General Ali Ahsan Mohammad Mujahid were arrested on 29 June 2010 on charges of exploiting people's religious values. Three prominent leaders of the Jamaat, Maulana Motiur Rahman Nizami President, Vice President Allama Delwar Hossain Sayedee, General Ali Ahsan Mohammad Mujahid and the Secretary, were arrested on 29 June 2010 on charges of Exploiting people's religious values. On 29 July 2010 while those people were in detention, Bangladesh War Crimes Tribunal declared it had has the jurisdiction to judge crimes allegedly committed in 1971 and issued arrest warrants for On 29 July 2010 while those people were in detention, Bangladesh War Crimes Tribunal declared it has had the jurisdiction to judge crimes allegedly committed in 1971 and Issued Warrants for arrest the leaders of the community without any reasonable cause. The leaders of the community without any reasonable cause. It is published in all the dailies and electronics media that they are being tortured in custody. It is published in all the dailies and electronics media, that they are being Tortured in custody.



Awami League was in power in Bangladesh in the years 1972-75 and 1996-2001 periods, but no action was brought against current defendants in that period. Awami League was in power in Bangladesh in the years 1972-75 and 1996-2001 periods, but no action was brought against defendants in that current period. In fact, leaders of Awami League acted together with the opposition leaders currently being tried on charges of war in the mass demonstrations to strengthen democracy in 1980's and later 1990's. In fact, leaders of the Awami League acted together with the opposition leaders currently being tried on charges of war to strengthen democracy in the mass demonstrations in the 1980's and later 1990's.



A common belief is that the trial of alleged war crimes after 39 years is an operation of political intimidation to suppress legitimate opposition against the government of Awami League, instead of removing the protection on criminals, the true meaning of revealing human rights violations and establishing the justice. A common belief is that the trial of the Alleged war crimes after 39 years of political intimidation is an operation to suppress legitimate opposition against the government of the Awami League, instead of removing the protection on Criminals, revealing the true meaning of human rights violations and establishing the justice. In addition, these discussions further aggravate the country's socio-economic backwardness. In addition, these are further aggravate the country's socio-economic backwardness Discussions. Prevent any kind of investment and stability. Prevent any kind of investment and stability. All these developments show that in fact the people of Bangladesh is real loser. All These Developments in fact show that the people of Bangladesh is the real loser.



MAZLUMDER believes that to inspire not to violate the rights of opponents and put an end to ongoing improper trials against Jamaate Islami acting as a legal party and calls international community to contribute positively to the process. MAZLUMDER believes that not to violate the rights of opponents and inspired to put an end to the ongoing trials against improper Jamaate acting as a legal Islamic party and calls international community to contribute positively to the process.



Best Regards Best Regards



Ahmet Faruk ÜNSAL Ahmet Faruk ÜNSAL

Chairman of MAZLUMDER Chairman of the Oppressed
Main Article: http://goo.gl/VggsP

A STUDY ON HUMAN AND DEMOCRATIC RIGHTS SITUATION IN BANGLADESH ( 27th June to 13th July, 2010)




INTRODUCTION


Human rights situation has been worsening day by day alarmingly. From bureaucracy to professionals, public procurement to conducting of public examination, politicization and criminalization are going rampantly everywhere. Various institutions are objected to malfunctioning at political will causing further deterioration of institutionalization contrary to the good governance and a healthy culture. Lax law enforcement panics people. Victims not going police for harassment fear moreover police are being used as political tools to suppress the opposition. After the first countrywide strike of the opposition parties on 27th June government showed nude face to the nation and started state violence to the people and opposition. A brief account on human rights and constitutional rights violation in last 16 days are given below.

More than 4 thousands opposition leaders and activists were arrested in last16 days including top BNP and Jamaat leaders, besides thousnads of activists have been assaulted and injured by police and Bangladesh chattra League the student wing of Awami League. In the name of hurting the religious sentiment, on 29th June, police arrested Jamaat e Islami Ameer Motiur Rahman Nizami, its secretary general Ali Ahsan Mohammod Mujahid, and Nayebe Ameer Maolana Delawar Hossain Saidee. All three were arrested in connection with a flimsy case filed by an Awami League activist in which he accused them of hurting religious sentiment referring to the Prophet of Islam. The fact is that neither Maulana Nzami, nor Mujahidi was present at that seminar in which Jamat's city Ameer made the comment. The event was organized by its student front Islami Chhatra Shibir. The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago.
How ever, in the name of provoking the vandalism of vehicles and firing flame before 27th June daylong countrywide strike (hartal) police sent to custody some BNP top leader including Mirza Abbas, Somser Mobin Choudhury, Shahid Uddin Choudhury Anee, and some BNP activists. Interestingly, everyone was arrested first on a simple case but within a short period of time police made half a dozen cases to the leaders and showed them shown arrest. It is published in all the dailies and electronics media that they are being tortured in custody.
During the opposition party human chain on 7th July one person was killed in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Party activists at the various places.The law enforcers also picked up more than a hundred leaders and activists, including the BNP’s central leader Syed Moazzem Hossain Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. Within three hours of High court order not to arrest the Jamaat leaders, violating the order of High Court police arrested two assistant secretary general of Jamaat Islami Md Kamaruzzaman and Abdul Kader Molla on 13th July from the High Court area.


A BREIF ACCOUNT OF HR VIOLATIONS FROM 27TH JUNE TO 13TH JULY


27TH JUNE, 2010


Chaatra League activist attacks on BNP lawmaker Shahid Uddin Choudhury Anny on 27th June during countrywide day long strike (hartal) under the protection of police at Shahbag area in Dhaka city. Photo; the Daily Kalerkantha 28/06/2010


BNP's Vice Chairman Shamsher Mobin Chowdhury, a freedom fighter, and former foreign secretary of Bangladesh is arrested. Photo: The Weekly Holiday 9th July

BNP standing committee member Mirza Abbas is arrested
Police assaulted a woman in the residence of Mirza Abbas
Chhatra League activist beating BNP lawmaker under the protection of police
Photo: the Daily Nayadiganta 28/06/2010

Law enforcing agency assaulting a woman in the residence of BNP standing committee member Mirza Abbas on 27th June. Photo: The Weekly Holiday 02/07/2010

Woman is being assaulted by police
• Opposition activist is assaulted and arrested
• BNP lawmaker is injured by the assault of BCL and he is brought to hospital
• Police through gas to the activists


30TH JUNE, 2010Top Bangladesh Jaamat Islami leaders were arrested on 29th June on the charge of a flimsy case. Photo; The Daily Sangram 30/06/2010

01ST JULY, 2010
The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago. Photo: the Daily Sangram 01/07/2010

Police action against Jaamat procession in Dhaka city; Photo: The Daily Sangram, 01/07/2010


03RD JULY, 2010
Police arrested the Shibir activist from a peaceful procession, Photo: The Daily Nayadiganta 04/07/2010





07TH JULY, 2010

•Police assaulted and arrested the women activists of BNP from a peaceful human chain on 07th July against the arrest of BNP top leaders and activists. Photo: The Daily Jugantar 08/07/2010


Police arrested the activists of Bangladesh Islami chaatra shibir in such a way which is totally anti human. They were arrested from a living mess of Barishal division. Photo: The Daily Nayadiganta 08/07/2010

Police action against peaceful human chain which was observed against government’s political violences.
• Inset photograph of a BNP leader killed on 07th Human chain
Section -1

Some photographs of human chain




Section 1
VIOLATION OF HUMAN RIGHTS

• Torture in custody
Extracting confessional statement is a severe violation of human rights as well as of the UN Convention against torture and other cruel, inhuman or degrading treatment or Punishment, that Bangladesh ratified the on October 5, 1998. Political leaders are being tortured in the custody. Jaamat Secretary General Ali Ahsan Mujahid and Nayebe Ameer Maolana Delwar Hossian Sayedee alleged that they were tortured nine days continuously in remand period and could not take rest due to the torture of police in custody. (The Daily Nayadiganta, 11/07/2010) About one thousand leaders and activists of opposition were arrested and detained in last 16 days.

• Torture by law enforcing agencies
Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning.Witnesses said Omar had fallen down on the road when the law enforcers chased the BNP activists about 11:30am. He was then taken to a private hospital where he died later. (The Daily New Age, 8th July, 2010). Law enforcing agencies especially RAB and police severely tortured household people in the residence of BNP standing committee member Mirza Abbas on 27th June. Thousands of opposition party leaders, activists and general people were tortured by the law enforcing agencies in whole country from 27th June. “Referring to police action at BNP standing Committee member Mirza Abbas home on hartal day former Law minister and a leading Awami League leader advocate Abdul Matin Khasru said he was shocked and ashamed of it as he saw the TV footage in news telecast. In fact RAB personnel carried out the violence inside his home destroying family artifacts and beating women including his old mother now over 75. Suranjit Sen Gupta also took exception to such brutalities when many other critics tend to equate the RAB action with that of the dreaded 'Rakhi Bahihi' which Sheikh Mujibur Rahman had set up in early 1970s to destroy the opposition JSD that time. But home minister advocate Sahara Khatun simply downplayed the RAB action saying she was not aware of it although all TV channels repeatedly showed the footage of the violence throughout the day. Five BNP influential leaders including Mirza Abbas, 12 female party activists including ward councilors were among 167 persons whom police, RAB and special branch officials took to custody on the day.” (Faisal Rahim, AL's politics of vengeance, brutalities, Holiday: 2nd July, 2010)

• Law Enforcing agencies are used by the government
BNP called for a totally peaceful human chain formation on Weddnesday to protest against the government's misrule and demand release of its leaders and workers arrested during June 27 hartal. The government, however, responded violently engaging police and partymen to obstruct and attack the opposition programme in Dhaka and other places leaving at least one person killed and more than one hundred persons injured. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had attacked the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. The BNP's senior joint secretary general Mirza Fakhrul Islam Alamgir at a press briefing in the party's central office at Naya Paltan said Omar had died in police attack.
The Naogaon police superintendent, Mohammad Mofazzal Hossain, admitted to stopping BNP leaders and activists from forming the human chain but said that 'It was a natural death. He might have died of heat stroke in the hot weather.' Meanwhile, the law enforcers picked up the party's central leader Syed Moazzem Hossain Alal, also the Jatiyatabadi Juba Dal President, as he tried to form human chains in Sukrabad area in the capital city.
The day's main programme was held in front of the National Press Club in Dhaka where the police did not allow BNP men, led by the opposition chief whip in the parliament, Zainul Abdin Farroque, on the pavement, leading to a scuffle that continued for some time.Policemen in riot gears took position in front of the National Press Club and pushed the activists inside the club. Some allies of the BNP also joined the programme at the National Press Club. Jamaat-e-Islami leaders Mujibur Rahman and Tasnim Alam, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Pradhan, and Bangladesh Jaitya Party secretary general Shamim Al Mamun, were at the press club.
At the Supreme Court building, some 50 to 60 BNP-backed lawyers, led by the Supreme Court Bar Council president, Khandker Mahbub Hossain, former parliament speaker Jamiruddin Sircar, and the party's standing committee member Moudud Ahmed formed the human chain and the police immediately cordoned them off. Opposition BNP faced police obstruction to its human chain protests in Dhaka, Chittagong, Rajshahi, Khulna, Barisal, Sylhet jessore and other places on Wednesday, the party leaders said. The programme was set to start at 11am but police barred the opposition activists in Dhaka in front of the National Press Club, Farmagate, Ittefaq crossing and Shapla intersection in Motijheel.
Police charged baton to disperse hundreds of leaders and activists including BNP chairperson Khaleda Zia's adviser Prof M A Mannan, Ahmed Azam Khan, former MP Selim Reza Habib and Juba Dal general secretary Saiful Alam Nirab near Pragati Centre at Farmgate. Forner MP Selim Reza Habib alleged that police obstructed them from standing on the road. "Police charged batons on the demonstrators and picked up four of our activists," he said.
BNP joint secretary general Amanullah Aman, Opposition Chief Whip Zainal Abdin Farroque, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Prodhan and Bangladesh Jaitya Party secretary general Shamim Al Mamun took position in front of the main entrance of the National Press Club from 11am. But they were cordoned off by police, Officer-in-charge of Shahbagh police station Rezaul Karim told newsmen that they were ordered not to allow anybody to take position in front of the Press Club.
In Chittagong, BNP leaders and workers were obstructed at Bahddarhat, Agrabad, Dewanhat, Pathantuly, Dampara and Lalkha Bazar. Police used batons to disperse the gathering and arrested about 25 persons. ( The Weekly Holiday, 9th July, 2010 Police obstruct BNP's human chain programme Special Correspondent )


Section-2
POLITICAL VIOLANCE

• The activists of ruling Awami League and its front organisations on midday Sunday ransacked, looted and set ablaze Jamaat office at Hizla upazila town. Maulana Abul Hashem, upazila Amir of Jamaat and Gobindapur union parishad chairman alleged that the activists of AL and its front organisations attacked and set the Jamaat office on fire. He alleged that the activists of the ruling party had taken out a procession in the town led by Hizla upazila chairman and AL secretary Sultan Mahmud Tipu. He said that the activists from that procession attacked the Jamaat office at about 12 noon chanting anti Jamaat slogans. ( The Daily New Age, 05 July, 2010 AL men ransack, set afire Jamaat office at Hizla, Correspondent . Barisal)
• Chaatra League activist attacks on BNP lawmaker Shahid Uddin Choudhury Anny on 27th June during countrywide day long strike (hartal) under the protection of police at Shahbag area in Dhaka city.
• Countrywide vandalism of Awami League leaders and activists against oppositions.
• Awami League leader and Textile and Jute Minister A L Siddiqui inclined BCL to attack opposition activists not to clash among themselves.
• Activists of ruling Awami League (AL) and its front organisations yesterday ransacked and 'set fire' on inventories of Jamaat-e-Islami's Hizla upazila office, alleged the upazila Jamaat Ameer Maulana Abul Hashem.The ruling party men, who brought out a procession demanding trial of war criminals in the town, went on the rampage around 11:00am, he said. (The Daily Star, 5th July, 2010)


SECTION 3.
VIOLATION OF DEMOCRATIC RIGHTS :

The article 38 and 39 of the constitution guarantee any citizen of the state to form a political or an organization and organize political activities in a peaceful manner such act shrink democratic space and create obstacle towards protecting democratic rights. The intention to victimize Bangladesh Jamaate Islami, one of largest political party having around 12% popular vote,is particularly noteworthy. With gross violation to the article, the ruling party governement are hell-bent on harassing and intimidating the opposition BNP and Jamaat leaders by not withdrawing mostly fake and motivated litigations by the military-backed Caretaker Government and terrorising the rival party workers through violent means.


• Politically motivated graft cases :
In the name of hurting the religious sentiment, on 29th June, police arrested Jamaat e Islami Ameer Motiur Rahman Nizami, its secretary general Ali Ahsan Mohammod Mujahid, and Nayebe Ameer Maolana Delawar Hossain Saidee. All three were arrested in connection with a flimsy case filed by an Awami League activist in which he accused them of hurting religious sentiment referring to the Prophet of Islam. The fact is that neither Maulana Nzami, nor Mujahidi was present at that seminar in which Jamat's city Ameer made the comment. The event was organized by its student front Islami Chhatra Shibir. The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago.
How ever, in the name of provoking the vandalism of vehicles and firing flame before 27th June daylong countrywide strike (hartal) police sent to custody some BNP top leader including Mirza Abbas, Somser Mobin Choudhury, Shahid Uddin Choudhury Anee, and some BNP activists. Interestingly, everyone was arrested first on a simple case but within a short period of time police made half a dozen cases to the leaders and showed them shown arrest. It is published in all the dailies and electronics media that they are being tortured in custody.
During the opposition party human chain on 7th July one person was killed in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Party activists at the various places.The law enforcers also picked up more than a hundred leaders and activists, including the BNP’s central leader Syed Moazzem Hossain Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. Within three hours of High court order not to arrest the Jamaat leaders, violating the order of High Court police arrested two assistant secretary general of Jamaat Islami Md Kamaruzzaman and Abdul Kader Molla on 13th July from the High Court area.

• More than 4 thousand were arrested

• Three thousands shibir men are arrested: In a press briefing of 10 July Islami Cahttro Sibir central president Md Rezaul Karim demanded that since last 27th June Police arrested 3 thousands 47 of their leader s and activists, among them in Dhaka city 516, Chittagong 355, Khulna 75, Sylhet 115, Barisal 55, Rajshahi 305, Nowakhali 65, Sirajgongh 25, Kustia 48, Jinaidah 51, Jessore 65, Satkhira 195, Bagherhat 15, Kisorgong 25, Jalakathi 21, Chapainobabgogn 55, Rangpur 45, Rajbari 94, Faridpur 37, Mymenshing 35, Netrokona 55, Moulovibazar 76, Kumilla 115, Lokkhipur 30, Cox’s Bazar 15, Rangamati 20, Narayongong 45, Chandpur 36, Feni 11, Kurigram 27, Brammonbaria 46, Gazipur 45, Tangail 25, Jamalpur 07, Nator 39, Pabna 56, Nilfamari 47, Narshindi 15, Joypurhat 07 etc.
• One killed, 100 hurt as police attack BNP human chains


One person died in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Bangladesh Nationalist Party activists at places during the party’s human chain on Wednesday (7th July) .The law enforcers also picked up more than a hundred leaders and activists, including the party’s central leader Syed Moazzem Hossain Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27.
Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning.Witnesses said Omar had fallen down on the road when the law enforcers chased the BNP activists about 11:30am. He was then taken to a private hospital where he died later. The BNP’s senior joint secretary general Mirza Fakhrul Islam Alamgir at a briefing in the party’s central office at Naya Paltan said Omar had died in police attack.
The Naogaon police superintendent, Mohammad Mofazzal Hossain, admitted to stopping BNP leaders and activists from forming the human chain but he brushed aside the allegation that the chase by the police had caused the death of the Juba Dal leader. ‘It was a natural death. He might have died of heat stroke in the hot weather.’ The day’s main programme was held in front of the National Press Club in Dhaka where the police did not allow BNP men, led by the opposition chief whip in the parliament, Zainul Abdin Farroque, on the pavement, leading to a scuffle that continued for some time. Policemen in riot gears took position in front of the National Press Club and pushed the activists inside the club. The BNP leaders and activists entered into an altercation with the police and shouted slogans against the government’s move to suppress opposing voice and they all sat on the road. The police tried to pick up some people from the spot but failed. After the programme, the party’s secretary general Khandaker Delwar Hossain alleged police action on a peaceful programme such as human chain was carried out at unofficial instruction of the government.Delwar said police had barred the party’s peaceful demonstrations across the country. ‘They charged with truncheons at the activists and detained them. This is how the government is torturing the opposition by giving unofficial instructions to the police. Such incidents of torture are keeping the government off the people,’ he said, urging the government to refrain from such action. The police did not allow BNP activists at any spot in Dhaka but the entrance to the Supreme Court building. The police charged with truncheons at the activists at Gabtali, Shyamali, Asad Gate and Farmgate. The Jatiyatabadi Juba Dal, Syed Moazzem Hossain Alal, was also picked up by the police. At the Supreme Court building, some 50 to 60 BNP-backed lawyers, led by the Supreme Court Bar Council president, Khandker Mahbub Hossain, former parliament speaker Jamiruddin Sircar, and the party’s standing committee member Moudud Ahmed formed the human chain and the police immediately cordoned them off.
Some allies of the BNP also joined the programme at the National Press Club. Jamaat-e-Islami leaders Mujibur Rahman and Tasnim Alam, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Pradhan, and Bangladesh Jaitya Party secretary general Shamim Al Mamun, were at the press club In Chittagong, the police picked up five BNP activists. The city unit BNP formed human chains at Kalamia Bazar, Bahaddarhat, Muradpur, Dewanhat, Chowmohani, Barik Building, Saltgola, EPZ and WASA crossings. In Rajshahi, the police intercepted BNP and its front organisations at Saheb Bazar. After the police had stopped the opposition leaders from forming a human chain, they brought out a procession that ended at Bhuban Mohan Park where they held a rally. Former Rajshahi mayor Mizanur Rahman Minu, also the city BNP president, and general secretary Shafiqul Huq Milon addressed the gathering. At least 20 leaders and activists of the Khulna BNP were injured in an attack allegedly by the Juba League and the Chhatra League near the Power House crossing in the Khulna city. The Khulna BNP formed human chains at 17 points in the city.
At least 30 leaders and activists of the BNP and its front organisations were injured in police action on the human chain in Jessore. Thirteen leaders and activists of the BNP and Islami Chhatra Shibir were picked up by the police in the town.
The police also dispersed human chains of the BNP in Barisal. In Narayanganj, at least 50 BNP activists were injured as the police charged with truncheons at a procession about 11:00am. The police also foiled the BNP’s human chain in Manikganj. At least 10 activists of the BNP, Chhatra Dal and Juba Dal were injured in police action when they tried to form a human chain in front of the central mosque in Jaipurhat.( The Daily New Age, 8th July, 2010)

Barriers on holding meetings/procession
• Government is adamant not to hold and demolish all the meetings and processions. Previous photographs and reports are the glaring examples of this.







Section -4
HUMAN RIGHTS VIOLATION : INSTITUTIONAL MOVES

Human rights Commission
The Government passed the bill of Human Rights Commission on july 9 2009. For selection procedure govt formed a body where are 6 out of 7 belongs to ruling party and only 1 from opposition. It means that much expected HRC will be subservient institution to Government will. the commission, under the bill, has also been toothless tiger. According to the bill it can only suggest punishment against those who has been proved guilty. There is no activities even no comment on the violation of human rights by political government in last 16 days.

Anti corruption Commission
measures underway to curb it’s independence and area of functioning

Abuse of Anti terrorism Law
the government in a cabinet meeting on February 19 2009 approved Anti terrorism Bill to make it into law. No feedback was taken from any corner. In the bill the anti terrorism ordinance promulgated by military backed Care taker Government was redefined. The given definition was so wide and ambiguous that it provides enough room for misuse.




CONCLUSION

Democracy cannot function effectively in the absence of good governance. Both are complimentary to each other. For good governance first required is good polity, responsive civil society, conscious and aware citizen. At a thorny time of extreme insecurity for Opposition leaders, activists and workers, when full-throated canards and vitriolic diatribes laced with brazenly concocted stories against the leaders of the Opposition BNP and BJI within as well as outside parliament by the ruling Awami League (AL) leaders hang in the air ad infinitum, suddenly the nation experienced a pleasant surprise that rekindled people's fading faith in the virtues of human values again after a yawning gap of some 18 months. During the past one and a half year violations of fundamental human rights that has invited worldwide condemnation for closing down the Bengali daily Amar Desh and the private satellite TV network Channel One to suppress the voice of dissent. On the basis of a flimsy case government arrested the top BJI leaders and later on charged on some graft cases made the ill motive of the government clear to all.
According to Swedish writer, politician and member of European Parliament, Cecilia Wikstrom, “Journalists are not safe from the attack from power corridors. Two newspapers and a television channel have been shut down by the Government should come up to help those media houses survive.If there was any legal weakness, that could be solved in court. This is a bad sign that caused unemployment. That will definitely disturb the road to democracy.” (The Weekly Holiday, 2nd July, 2010, Anisur Rahman Human rights, tolerance and democracy
Referring to police action at BNP standing Committee member Mirza Abbas home on hartal day former Law minister and a leading Awami League leader advocate Abdul Matin Khasru said he was shocked and ashamed of it as he saw the TV footage in news telecast. In fact RAB personnel carried out the violence inside his home destroying family artifacts and beating women including his old mother now over 75.
Suranjit Sen Gupta also took exception to such brutalities when many other critics tend to equate the RAB action with that of the dreaded 'Rakhi Bahihi' which Sheikh Mujibur Rahman had set up in early 1970s to destroy the opposition JSD that time. But home minister advocate Sahara Khatun simply downplayed the RAB action saying she was not aware of it although all TV channels repeatedly showed the footage of the violence throughout the day.
So, Awami League is becoming more alarmed and also more despotic. But will it be able to save the party at the end or end up only destroying business and investments, wonder analysts now watching the country's deteriorating political situation.