Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1089 Sun. June 24, 2007  
   
Point-Counterpoint


Have the priorities of CTG been redefined?


In February 2002, the then foreign minister of Bangladesh visited Montreal in Canada to meet his party's local supporters. He was greeted in the city by a hostile group of protesters, protesting the oppression of minorities and the political opponents in the aftermath of October 2001 general election.

In the same congregation, a local reporter asked the minister if his government had any plan to bring home the absconding convicted killers of Bangabandhu. The minister flatly answered no, since, in his opinion, his government had other important pressing priorities. In their tenure, the minister kept his words and no effort was ever made to open the death reference in the Supreme Court and consequently no endeavour was made to bring any of the fugitives back to the country.

In his maiden speech to the nation, the CA of the current CTG while outlining his government's priorities emphasised more than once his government's unwavering commitment to establishing "rule of law and justice on a firm footing," "respect for human rights," and letting "the judiciary uphold its dignity."

Contrary to the commitment underscored in the CA's speech, there has been no government move for bringing back the convicted killers of Bangabandhu Sheikh Mujibur Rahman absconding abroad in the last five months. It also did not take any action to bring back Mohiuddin Ahmed, one of the convicted killers who was forced to come back on June 18 as the US government rejected his appeal for political asylum and deported him.

Since the US court stayed his deportation order in May, Mohiuddin was trying to get asylum in Canada. Mr. Irwin Cotler, an opposition Liberal Party MP and former justice minister pleaded his case and was able to bring his case to the House of Commons.

The Bangladeshi community in Canada came to know about it through a sensational news in Canada's most widely circulated daily Toronto Star (May 29) by its Washington bureau chief Tim Harper that read: "Time running out to save man facing 'unjust death.'"

Mohiuddin's family members misled the media and his lawyer by a sensationalised appeal the he would be taken to the gallows right after he lands at Dhaka Airport. His lawyer argued in the media that "the judicial system in Bangladesh was corrupt and trial for Mohiuddin was conducted in a Kangaroo court while his government appointed lawyer never contacted him."

Unfortunately, Bangladesh High Commission in Canada presumably was not instructed to issue any rejoinder vis-à-vis casting aspersions on the judicial system in Bangladesh in general and the openness and impartiality of the Bangabandhu murder trial in particular.

To score points with the Canadian Immigration policy, his lawyer further asserted that the final phase of trial was over and there is no more avenues left for him to prove his innocence.

The reaction of the Bangladeshi community members from all across Canada was swift and categorical, with memorandums, e-mails, phone calls, and faxes to the immigration minister, prime minister, foreign minister, leaders of the both the official opposition and the others, and hundreds of MPs of the House of Commons, by hundreds of our compatriots urging not to give asylum to a convicted killer.

The main emphasis of the communications centred around two aspects: firstly, the trial was conducted in a open court with full access to both national and international media, with absolute legal access on the part of the accused, which deliberated for almost two years with hundreds of witnesses and thousands of documentary evidences before the verdict was issued.

The Supreme Court of Bangladesh has still to hear the appeal before the sentence is carried out.

Secondly, Canada is a country where rule of law always reins over everything else and this great country must not be transformed into a den for any convicted killer who has taken away the right of his fellow humans' right to live, in cold blood.

As the convener of Canadian Committee for Human Rights and Democracy in Bangladesh, I was interviewed by a number of electronic and print media, including CBC and Toronto Star, to hear the other side of the story.

In Toronto, a protest demonstration was held in the city's Bengali inhibited area and a group of our citizens also met with the opposition Liberal leader and Irwin Cotler and explained to them the factual side of the story. The leader for the Liberal party was convinced and immediately instructed his party's MP to withdraw from the case. The Conservative government of Canada also yielded to the overwhelming demands of its own citizens, by rejecting the appeal for asylum, re-emphasising, once again in clear terms, the greatness of Canadian democracy.

It was indeed a great sigh of relief to see the fugitive landing in Dhaka's central jail. In conformity with the high expectation of our people, it was expected that the stalled trial process for the convicts would roll once again in consonance with the re-emphasised commitment of CA to upholding rule of law and respect for human rights.

This expectation of the nation has received a severe jolt through a comment of the law adviser of the CTG when he said: "The case as an old one and political in nature, dating back to 1975, and something that is not on the list of priorities of the caretaker government."

At this time, however, the law adviser is representing a government which is determined to erase the black chapter of the history and wants to move ahead with firm determination to uphold the rule of law and dignity of the judiciary. Moreover, if the judiciary has been made independent, as boasted by the CA in his speech, it is the prerogative of the of the Supreme Court to wrap up the trial process if there are enough judges in the appellate division to hear the case.

Any step contrary to this would not only hinder the judicial process undermining the much-trumpeted triumph of CTG in separating the judiciary from the executive branch, but would be tantamount to obstruction of justice. The onus now reposes on the government and specially the chief adviser, the prime asset of this CTG, to apprise the nation if the priorities of his government have been redefined since his maiden speech.

Dr. Mozammel H. Khan is the Convenor of the Canadian Committee for Human Rights and Democracy in Bangladesh.