Minus two formula and remote controlled justice

Extra-ordinary scenes were in Dhaka yesterday as the freshly released ex Prime Minister Sheikh Hasina met with four advisers and had a telephone chat with the Chief Advisers to demand quick election in Bangladesh. She is is on her way to the United States today to be received by her son in Boston.

Sheikh Hasina was arrested 11 months ago in connection with an extortion case and was sent to a sub-jail on the Jatiya Sangsad Bhaban premises. She was also charged with 14 more cases in the course of time.

The Daily Star claims:

The court orders came after a government-formed medical board examined Hasina on June 5 and recommended the next day to send her abroad for better treatment of her ear. Acting on the recommendations, the government yesterday freed her for eight weeks on parole.

According to Prothom Alo the government can cancel the decision of temporary release of Hasina (the executive order under section 401/4A of criminal act) anytime without showing any reason.

However only last Sunday (8th of June) a special court rejected the bail prayer of Sheikh Hasina in the Niko graft case.

Tacit comments in Drishtipat blog:

Sheikh Hasina has been given neither bail nor parole. The courts have exempted her from showing up in person for the trials, but absent a bail or parole, she should still be in jail. Unless there is a secret order somewhere labeling Sudha Shadhan a subjail, Sheikh Hasina is currently, de jure, a runaway from the law.

Cholishnu Bidda Kalpadroom comments:

In this process a new type of parole has been invented in Bangladesh. It is called the “politicized parole”.

So what had instigated this extra-ordinary freedom of Sheikh Hasina? Lots of speculations are on the board like Sheikh Hasina will not return to avoid detention. If Awami League gets the majority in the next election then she can be brought back to the parliament using by-election and eventually select for the Prime Minister post.

The most important thing is that Awami League has decided to participate in the dialog organized by the government and eventually the election. Another information is that Sheikh Hasina's Canadian Visa was also arranged by the government. So it is clear that Awami League has reached some sort of deal with the Government.

The release of Hasina has been welcomed by many as it will create a cooling breeze into Bangladeshi politics. However the whole fiasco only questions the independence of the judiciary in the country which is clearly still being manipulated politically.

A New Age editorial marked the decline:

On Wednesday, April 23, the Appellate Division curtailed the authority of the High Court Division to hear bail petitions in cases under the Emergency Powers Rules, in a judgement that has sparked furore among legal experts and practitioners, and been dubbed as the last nail in the human rights coffin.

Another commenter in Drishtipat says:

I want to talk about the so called “independent” judiciary in Bangladesh. This has been claimed as THE MOST SIGNIFICANT of the reforms of the current government. But ever since the judiciary became independent, even the high court is more aligned with the government. (The lower court has always been with the government, with or without independence).

According to Odhikar, a human rights organization (BDNews24):

"The way the caretaker government has fast-tracked the judicial process by getting courts to issue orders in a day exempting former prime minister Sheikh Hasina from personal appearance has exposed, yet again, use of judicial process for extraneous purposes. These hurried decisions have seriously undermined the judiciary and the judicial process in the people's perception.

It is obvious that political calculation has overwritten both the emergency and the ordinances by which the regime is ruling the country, but most importantly the normal process of the judiciary. Manipulation of state organs and institutions for preconceived outcomes has seriously undermined peoples' confidence in the regime and Bangladesh is already hanging on a very risky margin."

And this does not end here. Khaleda Zia also wants her two sons released and sent abroad. It remains to be seen that even charged with many high profile and evidence filled corruption cases, with what excuse Khaleda Zia's sons would be shown their way to freedom.

So it seems it is the minus two formula in effect in the expense of an independent judicial system.

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Bangladesh: Bloggers discussing cinema, politics, health, photography and history

(First published in Global Voices Online)

The Bangladeshi film industry nicknamed Dhallywood used to produce decent films for the Bangladeshi society. But with the competition of superior quality pictures from Hollywood and Bollywood, which conquered Bangladesh market and the people with the help of cheap bootleg VCD/DVDs, Dhallywood was in trouble in the last decade. Keeping the strict censorship rule in a predominantly Muslim society in mind, the Dhallywood producers invented new ways to attract viewers with saucier and violent scenes as well as stories and using colorful explicit posters.



Shafiur of imperfect world 2008 shares 8 posters from his collection of almost 500 posters to let us have an idea of what Dhallywood offers now- a- days. Click on the image to view those.

Politics

“The rule of law is essential for society to live without fear. For it to apply, it must start at the top.”

World renowned photojournalist Shahidul Alam comments the above in a photo essay on the existing rule of law (or the absence of it) in Bangladesh. Click here for the photo essay.

Health

Recently an email about maltreatment and death of a patient in a Dhaka clinic was widely circulated among the Bangladeshis. Life in Eskaton posts it to portray the sorry state of the private clinics who are just cash mongers and negligent in service.

The blogger shares another story about his father’s MRI investigation in a diagnostic center in Dhaka. Being a heart patient he had to take some cautions. His mother detected that from a display in a board and rushed to alert doctors before they proceeded with the investigation.

He asks:

"Lucky for us, my mother is a sensible woman. And a person who could read English instructions being used as decorative items inside the hospital. What if it was some innocent man from a rural area who can’t read? How can one accept negligence of this magnitude from doctors who appear so smart and intelligent?"

Photography



Russell John posts in BP Blog (Official Blog of Bangladeshi Photographers) a collage of 110 photos which are on display in the Sidr Aid Photography Exhibition 2008 being held in Dhaka.

History

There is a controversy in Bangladesh brewed by the dynastic political descendants of two architects of Bangladesh’s liberation - the father of the nation and ex-prime minister Sheikh Mujibur Rahman and ex-president General Ziaur Rahman, on the issue of who declared the independence of Bangladesh. We have seen text books have been rewritten during the tenure of BNP (headed by Zia’s wife Khaleda Zia) and Awamy League (headed by Shiekh Mujib’s daughter Sheikh Hasina) claiming their versions of the history.

Blogger Mashuqur Rahman and freedom fighter and liberation war historian M. M. Rahman Jalal did an extensive research on this and published the revealing facts. Please read the post to find out the truth.

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The state of the leadership

Ahmede Hussain interviews Sajeeb Wajed Joy, Sheikh Hasina's son. He says:

"I believe that the Awami League is going to come to power. The party is far stronger now than it has ever been. My mother is within the party and so even while she is outside the country, the party will follow her leadership. I believe the people of our country will oppose this regime just as they opposed the attempted rigged elections."

However, the reality might be different as the law adviser Mainul Hosein says about the failed exile attempt of Sheikh Hasina and Khaleda Zia:

"The government was told by people from within the parties that if the two leaders stay in the country, necessary reforms in the parties cannot be carried out."

So Shadakalo's earlier prediction that fractions within Awami League and BNP will benefit from the exile of the two leaders may be true. How Hasina will tackle them?

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Breaking News: Bangladesh Government scraps exile plan: Lifts ban on Hasina, Spares Khaleda Zia

BDNews24 reports:

The military-backed government Wednesday lifted the ban on Sheikh Hasina's homecoming and said there were no restrictions on Khaleda Zia's movement.

In a statement, the home ministry said the ban on Hasina's return was temporary and the authorities have decided to lift it because of "views from the media and other quarters".

The other quarter meant includes, I presume, the US department of State. Sean McCormack, spokesman for the US Department of State said Tuesday at a news briefing in Washington.:

"If the caretaker government does not take right decisions, there is a real possibility that this can threaten Bangladesh democracy and nobody wants to see that."

I welcome this decision as it will put an end to an unnecessary drama.

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The drama continues

British Airways has clarified why they have denied Sheikh Hasina from boarding the flight bound for Dhaka. The statement says:

"Our right to refuse carriage is contained within our general conditions of carriage for passengers and baggage. This action was necessary as on April 18, 2007 we received written notification from the Civil Aviation Authority of Bangladesh that Sheikh Hasina had been barred from entering Bangladesh."

This statement was made after Sheikh Hasina threatened to sue BA. Tomorrow a writ petition will be filed in the Bangladesh Supreme Court against the bar.

Anyone have any idea on the next move? This has been heard at the BDMillitary forum:

"There is going to be a crackdown on corrupt judges who are trying to save Hasina, Khaleda and other corrupt people. In the past many high profile criminals were released after judges received bribes from the guilty party. The interim government is also considering a special military tribunal composed of civilian and military judges. It will oversee the prosecution of 1971 war criminals and is said to be modeled similarly along the lines of the famous Nuremberg trials of Nazi war criminals who murdered millions of innocent people".

(via Tasneem Khalil)

There you have the plot of more episodes.

Meanwhile Hasina's remark that "she does not support the pressure on Khaleda for going into self-exile" has been welcomed by BNP leaders (The Daily Star). They remembered the joint anti-autocratic movement of the two parties during the late 1980s.

Asif explains in Drishtipat how this exile plan backfired:

"What is the outcome of the whole drama that unfolded last few days? Among others, the following ones are the ones that are obvious.

* The two leaders, whose popularity was perhaps on an all time low before this incident, have become heroes for their non compromising stand.
* The credibility of the interim government is shattered.
* They have completely now lost the moral ground on key issues like independence of judiciary and fundamental human rights and press freedom.
* The popularity of the CTG has taken a dive.
* The genuine cases against the corrupt leaders will now be seen as fake.

Its a big shame. Because, with a huge popular backing, this government really had a chance to bring in genuine reforms."

Its not too late. I think they should scrap the idea of exiling the leaders and relieve us from the soap opera.

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Hasina denied boarding pass

The Bangladesh Government is trying its best to keep Sheikh Hasina from entering the country.

BDNews24 reports:

Awami League chief Sheikh Hasina was denied a boarding pass Sunday by British Airways to fly to Dhaka from London. The AL president reached Heathrow Airport at 7:00pm Bangladesh time to board the aircraft, but airline officials told her that British Airways was not in a position to carry her as Bangladesh government requested the carrier not to take her to Dhaka.

Meanwhile news from earlier this day:

A Dhaka court Sunday ordered the police to arrest Awami League chief Sheikh Hasina and two other 14-party alliance leaders for their suspected roles in the killings of Shibir activists in the 2006 Paltan rioting.

The arrest warrants were timed with the former prime minister's planned return to Bangladesh defying a government ban on her homecoming.

It just proves why the separation of judiciary from the administration is so crucial. So many times the court has been used by so many government.

Mash reports:

The British High Commission in Bangladesh has sought clarification from the Bangladesh government regarding the exile attempts. No such clarification has been sought by the Bush Administration.

So what will Sheikh Hasina do now?

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Can Sheikh Hasina return to Bangladesh?

AP is reporting:

"We've ticket in our hands with confirmation," Abdus Sobhan Golap, Hasina's close aide, told The Associated Press by phone from London. Hasina is scheduled to board a British Airways flight at Heathrow airport on Sunday to arrive in Bangladesh on Monday.

Her son Sajeeb Wajed urges the Bangladeshis to raise their voices against this unlawful ban of the Caretaker Government.

Now the question is can Hasina defy the ban?

I have got another email alert which prescribes how to block Hasina's return:

Phase 1
Two BAF F-7BG AC will escort out the aircraft from the BD airspace to further south towards the Bay of Bengal.

Phase 2
If the Phase 1 fails,the DAC air traffic control will not give clearance to the aircraft carrying Hasina to land and following Phase 1.

But it is important that the aircraft does not land at the first place. The whole action can be performed legally under all international laws and charters.

It is allowed under international law to deny entry to any aircraft to one's airspace. Iran has recently denied entry of an aircraft carrying Iraqi PM. US homeland security regularly excercise this option to prevent people from coming to the US who it believes to threaten us national security.

Should we pay notice to these hoaxes? Remember the last hoax turned out to be true.

Can international pressure make a difference here? Shafiur reports that Hasina met Lord Avebury, a British MP and Vice Chair of Parliamentary Human Rights group and he tells:

Under international law, a person cannot be denied entry to his or her own country [Article 12(4) of the International Covenant on Civil and Political Rights, of which Bangladesh is a signatory].

But the UK Government is yet to comment on this officially Mash writes a brilliant article pointing to the double standard of USA:

The deafening silence from Washington as an Islamic country of 150 million people has its democracy gutted by the military, combined with words of encouragement from the Ambassador, can only help to embolden the Generals in Bangladesh.

So this is Mr. Bush’s freedom agenda. When a lone "journalist" named Salah Uddin Shoaib Choudhury was arrested in Bangladesh, then under civilian rule, on charges of sedition and then released on bail, free to publish to his heart’s content, the neocons persuaded the United States government to pressure the Bangladeshi government to drop all charges against the man and cancel his upcoming trial. Bangladesh was threatened with aid cut-off if it did not buckle to American pressure. The United States House of Representatives overwhelmingly passed a resolution demanding that Bangladesh drop all charges against this man. The State Department highlighted this man’s cause. All because he was being given full due process by the democratically elected government of Bangladesh.

So with the international community silent it is likely that Hasina's will not be able to return.

Related stories:

* Bangladesh leader vows to return.

* Bangladesh: Caretaker Government Targets Dynastic Politics

* Sheikh Hasina has the Right to go back to Her Homeland.

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