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Bangladeshis Must Not Be Silenced by Their Government

Posted: 08/02/2013 15:22

A government should always be held to account, which is why Khaleda Zia, leader of the main political opposition in Bangladesh, wrote an article in an American newspaper last week highlighting the threat to democracy in Bangladesh under prime minister Sheikh Hasina and her Awami League government. Only two days later, there were calls in Parliament by Awami League MPs for Zia's arrest. Her comments, measured enough to warrant publication in a respected newspaper, amount to, in the words of one MP, a 'deep conspiracy' and 'sedition'. Thankfully, a Metropolitan Magistrate has refused to issue a citation, but the threat remains ever present.

Her article addressed unease at the increasingly authoritarian tendencies of Sheikh Hasina's Awami League government. It also raised doubts over the continuation of the government-installed International Crimes Tribunal (ICT), a locally administered court, set up to adjudicate crimes committed during the 1971 Liberation War. There has been widespread criticism of judicial and prosecutorial misconduct at the highest level.

The ICT has now passed its second guilty verdict, that of a senior opposition politician, Abdul Quader Mollah. This verdict raises serious concerns, particularly after the tribunal's credibility was repeatedly questioned by international legal experts. Last week Ed Miliband expressed concern and promised further investigations. So far, the FCO has applied minimal diplomatic pressure, with Baroness Warsi stating she is "aware of concerns expressed by some human rights NGOs and legal professionals."

This stance underestimates the perilous state of Bangladeshi democracy, best represented by the Awami League's vitriolic reaction to Khaleda Zia's article. Their attempt to muzzle opposition politicians demonstrates a clear challenge to freedom of speech.

To stem this authoritarian trend it is deemed imperative that a caretaker government is installed to guarantee transparent elections in eleven months. These caretaker administrations have been constitutionally guaranteed to halt government interference during elections. Whilst Bangladeshis protest on the streets, pressure must also be exerted from donor nations like Britain. If not, Sheikh Hasina will ride roughshod over the will of millions, and attain re-election despite popular opposition to her rule.

This is not the first time political enemies have been targeted by Sheikh Hasina's government. First, it was Nobel Laureate Muhammad Yunus, who was stripped of his position as Managing Director of Grameen Bank, an institution that has pulled millions of Bangladeshis out of poverty.

Opposition parties have been subjected to worse treatment. In May last year 33 members of the Bangladesh National Party (BNP) were arrested and denied bail. These charges were the beginning of a series of arrests aimed at suppressing both principal opposition parties - BNP and Jamaat-e-Islami.

There has been no let up. This month, two Jamaat activists were hacked to death by ruling party members during a strike. Further deaths have followed this week, as citizens held hartal - or general strikes - to protest against attacks on freedom of expression.

Meanwhile, censorship continues through the ICT. The court has only sought to try those politically opposed to the regime. Despite the leaking of e-mails and Skype conversations between members of the prosecution, judges and external actors - a scandal that drew global coverage - the first two guilty verdicts have been passed in the last few weeks, much to the alarm of international observers.

Even civil society and NGOs have reported harassment. Treatment has been particularly harsh for those that challenged the government's record on freedom of speech. Human Rights Watch recently articulated this paranoia at the heart of Sheikh Hasina's rule: "The government seems to view every critic, including reputable domestic NGOs, as part of some vast conspiracy to topple it, instead of organizations genuinely interested in improving the country."

Meanwhile the media remain under constant censorship. Newspaper editor Mahmudur Rahman, who reported the tribunal leaks, was charged with sedition. Amnesty International and Reporters without Borders remain dismayed at the unbaiting rates of arrest, torture and murder of journalists within Bangladesh.

Next month Lord Carlyle will lead a delegation from the House of Lords to Bangladesh. They will be expected to report their findings to the All Party Parliamentary Group on Human Rights and the UN Human Rights Council. If it reflects the reality on the ground, it may provide a wake up call to those in the British Government who choose to wish this problem away. Unfortunately, it is now quite clear that the Awami League government has no interest in a fair election, as much as it wishes to stem fair trials at the Tribunal. Their denial of an interim caretaker government reflects this entirely.

So the British Government has one task - to remain steadfast in their call to the government of Bangladesh to protect the right of free speech. Labour MPs, many whom represent sizeable Bangladeshi communities, must apply similar pressure on Ministers.

The restoration of the caretaker government system, as foreign a concept as it may appear to the outside, is the only way to ensure Bangladeshis are guaranteed a fair vote. If the UK stands idly by, many more in Bangladesh will be threatened with arrest for exercising their right to free speech. Bangladeshi politicians, media, NGOs and individuals must be allowed to express their views on who should govern their country. George Orwell was indeed right: '"If liberty means anything at all, it means the right to tell people what they do not want to hear."

 

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A government should always be held to account, which is why Khaleda Zia, leader of the main political opposition in Bangladesh, wrote an article in an American newspaper last week highlighting the thr...
A government should always be held to account, which is why Khaleda Zia, leader of the main political opposition in Bangladesh, wrote an article in an American newspaper last week highlighting the thr...
 
 
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01:36 AM on 03/05/2013
This is such a shockingly biased news full of factual errors that it will hurt the credibility of Huffington Posts editorial process. Please Huffington post, have some minimum fact checking before allowing someone to use your platform and a pure propaganda springboard.
04:59 PM on 03/02/2013
This is totally biased article. Jamat-e-islami has started violence throughout the country and they are attacking government and police. They are burning houses, shops and temples and looting all their goods to create. They are creating anarchy, spreading violence throughout the country and going directly against the state. Police has taken action to save themselves from jamat shibir attackers. Many of the polices have been killed by them. Very few people want caretaker government. Toby has said against the mass people of Bangladesh. Everyone except the supporters of war criminals want the death sentence of them. Mahmudur Rahman is responsible for initiating the recent violence in Bangladesh. He is a yellow journalist.
07:01 PM on 02/15/2013
Shahbagh protests get world wide public support Bangladeshis living all across the world UK America Italy- the lead opposition party BNP are joining the shahbag protesters according to BBC news reports.
is it too little too late?
http://en.wikipedia.org/wiki/2013_Shahbag_Protest
06:30 PM on 02/15/2013
Part2: His double standard went to the point of being hilarious when he derived ‘media censorship’ from Mahmudur Rahman being charged with sedition. Even if I assume that despite being a barrister, he’s unaware of the consequent risks of criminal and civil prosecution following unauthorized interception and recording of private communication without consent (that was how the leaks were obtained), what has that got to do with censorship? Mahmudur Rahman’s newspaper is still in circulation (as of Feb 11, 2013) without any censorship claims even by that very newspaper, or any other for that matter! No attempts have yet been made to arrest Mr. Rahman or shutdown his newspaper – the daily ‘AmarDesh’. Funny, Mr. Cadman calls for protection of ‘the right of free speech’ here – too bad Julian Assange chose wrong barristers in UK. (Before anyone gets me wrong, Mr. Rahman’s caliber is no way near Mr. Assange’s, and the difference of magnitude of the leaks in both cases is distinctive).
I liked the end quote though, “If liberty means anything at all, it means the right to tell people what they do not want to hear”. I enjoy the right I have to say to people like Mr. Cadman: Bangladesh became independent against all odds (including UK opposition culminating in sending the aircraft carrier ‘Eagle’ on December 10, 1971 towards the Bay of Bengal – 6 days shy of independence), the new generation (ref: shahbag.org) gives us hope that it will remain so despite all propaganda.
06:27 PM on 02/15/2013
nice comment by
@sanjay

Part 1: In scientific writing world – with which I’m a bit more familiar; author’s ‘conflict of interest’ disclosure is at least courteous, if not considered mandatory by many. Naturally, I was quite surprised to find out that neither the huffingtonpost nor Mr. Cadman found it necessary to disclose that the latter is the British barrister representing the five leaders of the Jamaat-e-Islam charged by the ICT in Bangladesh. However, knowing my country’s situation far better than any foreign barrister on payroll of the now-convicted war criminal Quader Mollah, I was prompted to do a Google search

on the author by the time I reached the third paragraph of his article – and was rendered surprised, aforementioned.
There are of lots of giveaways on the rest of the article too. Like, when a barrister prejudges ‘deaths under police investigation’ as ‘hacked to death by ruling party members’ while raising ‘serious concerns’ about a constitutional ‘tribunal's credibility’ with regard to an actual ‘verdict’ – which btw went against his own client; is it that hard to smell the fish?
01:26 AM on 02/15/2013
Im not saying that the accused are guilty, of course not, thats for the Judge to decide but people have showed their desire for a trial by voting in a government who made it a part of their manifesto, they won by a landslide majority. who are you to state that this process was wrong?
11:28 AM on 02/15/2013
It seems like the judge decided along time ago they were guilty when he was discussing judgements that were to be written BEFORE all the evidence had been heard. I point you tio the Economist investigation. What a stitch up - call that justice? I'm sure you would have a different opinion if it was someone you new at the dock in this joke of a court.
03:36 PM on 02/15/2013
that does not prove anything, these individual were said to be the leaders and their involvement was well known, convicting many footmen would be a harder task i agree, does Adolf Hitler need to stand trial for us to know he was a war criminal?? i think everybody knew well before their trial that they were more then guilty but it was more of a PR issue '' how are we going to punish these people''.
03:43 PM on 02/15/2013
I read the BBC news report and it did not say anything about missing witnesses, and even if witnesses were claimed to be missing, surly that story could have just been made up by the defense lawyers. in any court case you need to make sure your witnesses show up, that not the responsibility of the judge or the prosecution to chase after your witnesses.

again let me clarify that im not here to say whether the accused are guilty or not thats for the court and supreme court judge to deiced we as normal public who do not have access to the full documents and statement of all the witness should refrain from following our party political loyalties for the sake of truth and justice for the innocent that have died in 1971.
01:16 AM on 02/15/2013
Toby Cadman you have dedicated a lot of you time trying to stop this ICT court, article after article youtube documentary, aljazera interview, anyone would think you got a dog in this race. People of Bangladesh have been waiting for justice for the killings of their loved ones for well over 40 years, during this time have you ever thought of advocating for their plight? its all to easy to keep the fire burning supporting the protagonists and antagonist so they have the oxygen to fight and destroy a country. what the people of Bangladesh need is closure.
11:23 AM on 02/15/2013
what sort of closure is it for the victims when the process is so obviously flawed? (I point you to the numerous reports by HRW, Amnesty, United Nations...)
04:00 PM on 02/15/2013
well 40 years have passed there has been no attempt by HRW, Amnesty, United Nation to bring to justice the criminal of 1971-- by the way i have seen few articles that Amnesty are in support of the War crimes tribunal but they would wish to see it more inline with international standards.-- so its hardly flawed, another thing is that many of these international laws are not suitable to try individual cases of genocide or criminality-- hence even the USA sowed its two fingers at the international human right groups during the war-on-terror, camp x-ray- camp-delta, Gauntanamo bay, Iraq, Afghanistan, Abu-Grabe, drone attacks, CIA renditions, water-boarding, torture etc etc. these one-size-fits-all rules don't always work, even the Nuremberg trials into Nazi war crimes were said to fall below international standards.
01:04 AM on 02/15/2013
Toby Cadmen quotes Khaleda Zia the opposition leader who wrote a letter to the Washington Post asking for America to intervene in what is clearly an internal issue, she states in her letter that America was the first country to recognize Bangladesh, which could not be further from the truth, as the USA dragged its heal due to good relations with China and Pakistan in the region whereas India was building good relationship with Russia. as a result Bangladesh was recognized by Russia. Actually USA's foreign minister at the time famously called Bangladesh ' A basket Case.' Khaleda Zia clearly does not read her own history.

Today's BBC report states that the BNP members have actually joined the Lalbhag demonstration, now fearing that they could actually loose vote come election day for the sake of supporting Jamat-e-islam. Jamat-e- islam only managed to get two seats in the last election out of 300 seats.
01:19 AM on 02/14/2013
One of our freedom fighter who has got the title 'Bongabeer' Kader Siddikee said that It is totally injustice to give sentence to whoever has been brought in allegation of war crime where the main war criminals are in own house of present government like Home-minster MOKHA ALOMGEER who was the former of war criminals, SHJEDA CHAWDHURY, DILIP BORUA, Low minster KAMRUL, shekh Hasina's daughter's father in low MUSHARROF. Unfortunately our Govt. wants to ban all opposition parties and to establish the dictatorship. We most of people truly condemn this. We are unable to oppose about it because of govt. supported police forces and human right is being violated badly everywhere in Bangladesh...
01:04 AM on 02/15/2013
Actually im pretty sure that the sentences are not handed to people based on allegation alone, there are international legal observes and the case is being looked in by Supreme Court Judges. international observes have only this far said that 'it falls short of international standards', which is a common statement even expressed in the Nuremberg trials into Nazi war crimes.

we must be careful of not mixing the statements of supreme Court Judges with that of the common man or we will be in a right mess, not trusting anyone except our own party leaders for information.
11:26 AM on 02/15/2013
mmm ok...the abduction of witnesses, the falsification of evidence, the refusal to allow the defnece to cross-examine or even verify the existence of witnesses, the collusion between judges and the prosecution, the interference of government ministers. THis is all reported and fact, not gossip or accusation. If you think this serves justice for those victims, that is a very sad conclusion to draw.
12:56 AM on 02/14/2013
Thanks to Mr Toby Cadman for your brave article. It is reflecting the voice of the people of Bangladesh, the citizen of Bangladesh being suppressed, oppressed and tortured by the Awami league Govt last 4 years.by the name of justice the government trying to do injustice.they abused human rights and without any reason killing innocent people on the street within 2 weeks 9 people have been killed by police.after skype scandal it already proved that the Govt was cheating and lieing with the nation. Because it does not want the justice of war criminals, it just want to take the political revenge in the name of trial for war crimes. The people who have been arrested for war crimes, they are all opposition leaders. Not a single person has been arrested from AL,The innocent Jamat leaders have been arrested.they were elected MP and ministers by the people after 1971.
06:37 PM on 02/12/2013
I'm neither a big fan of Ms Hasina nor her equally corrupt opponent Ms Zia especially not their friend/foe the head honchos of Jammat Islami Bangladesh. I'm a simple citizen of Bangladesh. I like the fact that you spoke in favor of democracy. But I as well as all citizens of our country strongly disagree with your views about Mr. Quader and his fellow figureheads of Jamaat Islami Bangladesh. These people are not victims here. They are tyrants and systematic oppressors. Have you ever tried finding out about what horrendous acts of violence these "God fearing men" had done to innocent men, women and children back in 71? If you speak with the victims and look into the liberation war archives of our country you will very well know that these men arent innocent. If they were innocent millions of people minus any political motive wouldn't have taken the street for peaceful protests in favor of punishing these men. I'll urge you to at least go through the neutral newspapers of our country to witness the brand of "democracy" Mr. Abdul Quader and his fellow party members promote. This links is from today's news http://theindependentbd.com/index.php?option=com_content&view=article&id=155417:jamaat-shibir-go-on-rampage-clash-with-cops-leaves-35-hurt&catid=129:frontpage&Itemid=121. If you call people who shoot innocent people in the name of protest innocent and victims of political injustice then Allah Bless you and your sense of reason.
05:47 AM on 02/12/2013
You said about dr Mohammed Younus. He is not a political figure. He is a Nobel Laureate. We are proud of him even our prime minister herself. She disagrees about the interest rate of this kind of loan which is borrowed by the poor people. "Empty vessel sounds much" you are the example of this quote. First please learn what is net present value, inflation, study our GDP. After learning you will get your answer.

Good luck to 'Shahbag' protesters who are trying to make clean our nation.
05:51 AM on 02/12/2013
and you are the paid lawyer of Jammat. zero tolerance on Jammat and you
08:31 AM on 02/12/2013
nice to know reasoned argument is alive and well again... !
05:54 AM on 02/12/2013
১. আজ বাংলাদেশ সময় বিকেল ৪.০০ থেকে ৪.০৩, বিশ্বের যে যেখানে আছেন, দাঁড়িয়ে সংহতি প্রকাশ করবেন আমাদের এই গণজাগরণ মঞ্চের সাথে। আপনি কি চান একাত্তরের খুন-ধর্ষণ-অগ্নিসংযোগকারীদের সর্বোচ্চ শাস্তি মৃত্যুদণ্ড নিশ্চিত করতে চান? আপনি কি একাত্তরে আমাদের স্বাধীনতা বিরোধীতাকারি, বুদ্ধিজীবি হত্যাকারী রাজনৈতিক দল জামায়াত-শিবিরের নিষিদ্ধকরণ চান? তাদের সন্ত্রাসী কর্মকান্ডের অর্থের উৎস হিসেবে ব্যবহৃত বিভিন্ন ব্যবসায়ীক প্রতিষ্ঠানের রাষ্ট্রিয় করণ চান? তবে নিজ নিজ কর্মস্থল থেকে দাঁড়িয়ে সংহতি প্রকাশ করতে পারেন আপনারা আমাদের এই দাবির সাথে, যে যেখানে আছেন, সেখানে দাঁড়িয়ে।

২. আজ থেকে ৪০০ জন বীর মুক্তিযোদ্ধা এসে যোগ দেবেন প্রজন্ম চত্বরে আমাদের মাঝে। একসাথে এত বীর দেখার সৌভাগ্য হয় কখন? তাই আসতে ভুলবেন না কোনো ভাবেই।

৩. আন্দোলন চলছে, চলবে। রাজপথ ছাড়িনাই, ছাড়বো না। যতক্ষণ সকল যুদ্ধাপরাধীদের সর্বোচ্চ সাজার ব্যবস্থা নিশ্চিত হচ্ছে। অতিমধ্যেই অবশ্য আমাদের বেশ কিছু দাবি মানা শুরু হয়েছে, কিন্তু চূড়ান্ত বিজয়ের আগে মাঠ ছাড়া চলবে না কোনো ভাবেই।

৪. জামায়াত শিবির আজ দেশব্যাপী বিক্ষোভের ডাক দিয়েছে। বিভিন্ন স্থানে তারা জমায়েত হবে। দেশব্যাপী গড়ে ওঠা গণজাগরণ মঞ্চগুলোতে তাই আপনার উপস্থিতি নিশ্চিত করে দেখিয়ে দিন, তাদের বিরুদ্ধে দেশবাসী একতাবদ্ধ, ঐক্যবদ্ধ এবং আমাদের সংখ্যা তাদের চেয়ে বহুগুণ বেশি।

৫. এসএমএস, ইমেইল, ফেসবুক শেয়ারের মাধ্যমে যতটা সম্ভব এই ম্যাসেজটি ছড়িয়ে দিন সবার মাঝে। আর কন্ঠে তুলুন স্লোগানঃ

লাখো শহিদের বাংলায়
রাজাকারের ঠাঁই নাই।
মুক্তিযুদ্ধের বাংলায়
রাজাকারের ঠাঁই নাই।
জয় বাংলা।
05:14 AM on 02/12/2013
"Truth is treason in an empire of lies."
Mr Cadman, you wrote a long false story of Bangladesh. George Orwell said "Enlightened people (like you) seldom or never possess a sense of responsibility." KHALEDA JIA is supposed to be convicted of treason because she wrote in her article "...It is time for the world, led by America, to act and ensure that democracy is saved in Bangladesh." This is the last line of her article. What does it mean? We , the people of Bangladesh, do not expect such a nonsense request to any other country from her being a formal prime minister and a opposition leader.
In South Asia, Bangladesh is a good example of a democratic country, so our elected government knows how to organize a good election. So just hold your tongue and suggest your government to introduce the caretaker government system in uk as the last election your opposition party said it was not fair election because of fake voter. Oil your own machine.
ICT is doing their fair judgments because we, PROJONMO 71 in Shahbag, fully support ICT. Go and see how we are raising our voice against war criminals and ,Jammat, the political party, is fully motivated by al Kayda and Muslim brotherhood party.so they don't have any right to hold Hartal to protest against attacks on freedom of expression. If you think jammat have right to do their activities why your government banned SAYDEE in uk.
08:33 AM on 02/12/2013
'Bangladesh is a good example of a democratic country'. Are you joking? Have you looked at Transparency International corruption index. Or the reports by Amnesty International or Human Rights Watch. Hasina's supporters have their heads in the sand...
12:52 PM on 02/12/2013
GSheti@ Can you tell me why only Hasina's supporters have their heads in the sand??!!
03:57 AM on 02/13/2013
I said "... In South Asia...." Transparency international corruption index?????? Have u seen the organization write against USA or Uk? When these two countrys fought against Iraq for the issue of necular weapon .... where were human right watch????? That time these so called organizations have their heads in sand with you
12:26 AM on 02/15/2013
Khaleda Zia also wrote 'America you were the first to recognize Bangladesh,' i mean does she even know her country's history? America dragged its heals in recognizing Bangladesh in 1971 because of talks with China which Pakistan arbitrated. secondly it is treason surly to be asking another country to depose a elected leader ??? I used to be against Awame-league but now i really support and respect Shaikh Hasena.
03:32 AM on 02/12/2013
The International crimes tribunal (ICT) has flawed, because of the Govt's corruptions and cheating. It has failed to provide the fair and independent trial for war crimes. The tribunal is controversial now, as a result neither the Govt's party nor the oppositio parties can believe the tribunal. Both groups/parties are on the street now against the tribunal. Therefore, it is necessary to get involved the UN and other international organizations to arrange fair and independent trial under their direct supervision. Then people would believe and satisfied with the trial of war criminals.
12:31 AM on 02/15/2013
ok so your are a supreme court judge 'supervisor', have looked at the whole case? your ridiculousness! just blind loyalty to a mullah without knowing the facts. he has been found guilty in the court of law, who will you believe? only members of the Jaamati islam propaganda?
03:08 AM on 02/15/2013
Well, Firstly- if the judges really found him guilty ( beyond the doubt) then he would be sentenced to death, not life long imprisonment. Because, according to charges he is liable for killing more than 300 people. So, he should be sentenced to death. But In reality he was not found guilty, he was given this punishment by the instruction of the Govt.
Secondly- the tribunal is not independent and fair. It has been formed by the Govt's sided judges, prosecutions and investigations team. And it was clear by the skype conversation of the ex-chairman of the tribunal and Mr Zia Uddin. After all these corruptions how can a sensible person can beleive this tribunal ??