The prisoner of Dhaka
This illegal incarceration should be a global cause celebre, but instead there is a shameful silence
"There is a decent, brave man sitting in a dungeon in a country where the British empire began - a country of poets, singers, artists, free thinkers and petty tyrants. I have known him since a moonless night in 1971 when he led me clandestinely into what was then East Pakistan and is now Bangladesh, past villages the Pakistani army had raped and razed. His name is Moudud Ahmed and he was then a young lawyer who had defended the Bengali independence leader Sheikh Mujibur Rahman".
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
4 comments:
Moudud Ahmed is a British trained Barrister who has defended many human rights cases of individuals whose only fault was to be supporter of a political party or criticize the government in Bangladesh. He has never been associated with any undemocratic practices. To change political parties may be his ownly shortfall or 'crime' as viewed by those who oppose him since they are not themselves in favour of democacry, human rights and rule of law.Or perhaps they are representing the present regime backed by the military and holding on to the government illegally by putting all politicians inside jail surpassing all past records of torture and human rights abuse. Read Human Rights Watch report and Amnesty report. The courts where politicans and supporters are being tried are kangaroo courts each one being monitored by army officilas who take note and threaten lawyers and judges whenever they like. The courts are practically closed, relatives and journalists are not allowed. Media is strictly controlled and encouraged to write negative stories about politicnas. I am not defending corrupt politicians no due process of law is being followed although the USA and UK Foreign Offices are periodically cautioning the present government in Bangladesh. If the army ruled and backed government feels so confident why don't they lift emergency and let the normal rule of law and courts decides the fates and why not declare election date? At the end of the day let the people of Bangladesh decide who and how they want to be ruled. There is no alternative to democracy. The liberty minded and democratic governments in the west will not protect or support this illegal government for very long.Read Economist how Generals are looking for exit. Why blame politicians only of corruption? Army is deeply involved in corruption and businesses but no one dare talk about it. There is more corruption now then ever before. People are struggling with everyday life, and are afraid to complain and demonstrate when their leaders are all locked up and there is no rule of law under emergency only the ignorants and collaborators of the military government will say that life is good now and that people like Mr. Moudud Ahmed is a crook. People like Moudud Ahmed can expose this government much better than anyone else and that is why he is in prison without charge, trial and bail.Thank you John Pilger for breaking the silence.
Thank you John for defending Moudud Ahmed, he represents hope for Bangladesh not what the vested interest group supporting the army jaunta says in this blog. People of Bangladesh will rise and prove that Bangladesh is not a failure state. There is no room for military rule directly or indirectly. Look for an honourable exit now while you. The western donors would be well advised to help restoration of democacry, human rights and rule of law as quickly as possible to avoid the inevitable violence to come. John your courage will not be in vain. Bangladesh will rise again.
The British Prime Minister should not seem partisan and pro military by inviting Dr. Fakhruddin Ahmed, the illegal head of a military backed caretaker government, to tea at 10 Downing Street. The tea is stained with the blood of Bangladeshis who are suffering under the present regime. Let democaracy be free and let the epole of Bangladesh decide.
> Denial of Justice and fair trial
> Drive against so-called corruption and victimization of
> politicians in Bangladesh under the Emergency Power Rules
>
A case was instituted against Moudud Ahmed, as John gives details, for having alcohol at his residence and once the proceedings as being malicious were stayed by the Supreme Court he was served with an order of detention without trial and when after 4 months the detention order was also declared illegal by the Supreme Court he was not released on bail because of the Emergency Rules.In the meantime having found no other allegations the government has filed a fictitious case against him alleging that he has more wealth than his income just to harass him although he has shown a lawful income of 40 million taka in excess than his wealth and he claims to be one of the most honest politicians of the country. Mr. Ahmed has already been in jail for 11 months without any bail or trial. Mr. Ahmed has been denied to consult with his lawyers for nearly
months despite his repeated request letters written to the Home Secretary through the jail authorities which was contrary to the right guaranteed under Article 33 of the Constitution. Since December 2, there has been a total ban imposed on any lawyer to visit Mr. Ahmed for consultation.
Public entry including media to the courtrooms are extremely
restricted making it almost a camera trial, whereas Article 35(3) of the
Constitution guarantees a public trial.
The Judges are not able to function freely because of the
presence of officials of a special force in every trial court monitoring
the proceedings, which amounts to interference with the administration of
Justice and independence of Judiciary in violation of the Constitution.
In many cases cross-examination of prosecution witnesses are not
freely allowed nor all the depositions are recorded, whereas the existing
law says that they must be free and fully recorded.
In each and every case till now all the principal accused
persons have been awarded the highest sentences disregarding the value and
quality of evidence and depositions as the courts are Kangaroo Courts
influenced and dictated by the military.
>
Under the existing laws every citizen enjoys a right to bail at
the discretion of court in any kind of criminal proceedings and can go to
the Supreme Court if the trial court commits any illegality at any stage
of the trial caused to the disadvantage of the accused or against any
abuse of the process of court but now a total ban has been imposed on bail
for any offence tried under the Emergency Power Rules and no act of
illegality committed by the trial court can be challenged in the Supreme
Court under Rule 19(e) of the said Rules.
The stripping of the century-old inherent powers of the Supreme
Court under Rule 11(3) of the Emergency Power Rules 2007, from granting
bail or staying the judgment and order of the trial court even after the> Appeal is admitted, are not only contrary to the existing laws but make
the Appeal meaningless. During the pending of such an Appeal, contrary to
the existing laws, the appellant is debarred from contesting in any
election under Rule 11(5) of the Emergency Power Rules.
Senior lawyers of the country are enlisted, mostly blackmailed
under threat of being prosecuted for non-payment of tax by the
Anti-Corruption Commission and other agencies, to work for the government
so that they cannot appear for the accused persons. Responsible high
officials have made statements in public urging the lawyers not to defend
the persons accused for any offence under the Emergency Power Rules. A
handful of lawyers who have come forward to defend the arrested persons
are continuously threatened by military agencies not to do so. Even the
personal staff of the accused persons who do the leg work for their
defence are threatened in the same manner and there are many examples
where they have been arrested and physically tortured without producing
them before any court of law. The lawyers and staff of Mr. Ahmed are also
working under constant threats and one of his staff has already suffered
physical assault and torture of extreme nature.
>
CV MOUDUD AHMED
Date of birth: 24 May 1940
>
> Education: B. A. (Hons) and M. A. Dhaka University.
>
> Barrister-at Law, Lincoln's Inn, England
>
> Profession: Senior Advocate, Supreme Court of Bangladesh.
>
> Fellowships: Oxford University: Queen Elizabeth House, 1993
>
> Harvard University, Center for International
> Affairs, 1980-1981 and Fairbank Asia Center,
> 1998
>
> Heidelberg University: South Asia
> Institute, 1976, 1980, 1996 (and offered during 2007)
>
> Visiting Professor: Bland Visiting Professor of International
> Affairs, Elliot School of International Affairs, The George Washington
> University, Fall 1997.
>
> Publications: South Asia: Crisis of Development-The Case of
> Bangladesh, University Press Limited, Dhaka, 2003
>
> Democracy and the Challenge of Development: a Study of Politics and
> Military Interventions in Bangladesh, University Press Limited, Dhaka,
> 1995
>
> Bangladesh: Era of Sheikh Mujibur Rahman, South Asian Institute of
> Heidelberg University and University Press Limited, Dhaka, 1983
>
> Bangladesh: Constitutional Quest for Autonomy, South Asian Institute of
> Heidelberg University, 1976 and University Press Limited, Dhaka, 1979
>
> Shangshade Ja Bolechi (speeches made in Parliament), University Press
> Limited, Dhaka, 2005
>
Published by Concerned Citizens of Bangladesh
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