A LAWYER'S TALE: HUMAN RIGHTS IN BANGLADESH

By William Sloan

"The Army is not a good school for democracy" - Pierre Eliot Trudeau

     I have been a member of the American Association of Jurists (AAJ) since 1987, President of the Canadian branch since 1997. The AAJ is a human rights NGO of lawyers, judges, professors and students of law throughout the Americas, with consultative status at the UN. It was founded in 1975 in Panama as the regional affiliate of the International Association of Democratic Lawyers (IADL).

     I left Montreal on Feb. 14, heading for Bangladesh to observe the human rights situation there, especially the trials of Sheikh Hasina. The country's Prime Minister from 1996-2001, Sheikh Hasina faces corruption charges which her Awami League party says have been trumped up to prevent her from taking part in elections which were recently postponed.

     After 19 hours of travel in economy class, I arrived in Dhaka at 2 am on Feb. 16. I travelled on a simple tourist visa because the Bangladesh authorities have a habit of impeding visits by human rights activists, most notably Asma Jahangir in 2002.

     I was pulled out of the passport line-up and taken to be questioned. I named two Canadian citizens as friends, Bengali journalists who sought refuge in Canada during General Ershad's military dictatorship in the 1980s. I told them that I would be meeting with Sultana Kamal, winner of Canada's John Humphrey Freedom Award in 1996.

     They expressed concern about the activities two weeks earlier of Payam Akhavan, Professor of International and Criminal Law at McGill University. He had come to Bangladesh as foreign Counsel for Sheikh Hasina. I told them that I had no clients in Bangladesh, that I would be performing no work-related activities in Bangladesh. My expenses were paid, but I donated my time pro bono while continuing to pay my office expenses in Montreal.

     I first engaged in this kind of "tourism" in July 1987, travelling to Chile during Pinochet's dictatorship one month after the massacre known as "Operation Albania". I have done it since in Guatemala (4 times), El Salvador, Colombia, Ecuador (twice), Haiti (3 times), Dominican Republic, Mexico, and Bangladesh in 2002 and 2005.

     I was warned that any "non-tourist" activities on my part would result in enforcement action by the government. Members of the Bangladesh Democratic Lawyers Association (BDLA, an affiliate of the IADL) were waiting to meet me, and two television reporters wanted to interview me as I left the airport. I told them that I did not want to comment on the situation before meeting with the local people, but that I had a mandate from the AAJ and IADL because of concerns about violations of due process, right to counsel and judicial independence.

     Two days later I was approached at the door of the hotel by a Major Zakir, an officer of the DGFI - Bangladesh's much feared military intelligence - to invite me to meet with his boss, Brigadier Amin. He showed me his official DGFI picture ID card. I begged off but agreed to meet him in a room in the Hotel Business Centre.

     We had a frank discussion of the purpose for my visit. He told me that as long as I stuck to due process issues, he had no problems.

     During my time in Bangladesh I was openly and constantly followed by the DGFI, sometimes with more than one vehicle.

     On the afternoon of the 19th, I arrived for a hearing at the Special Court Emergency Tribunal, inside the security perimeter of the Parliament buildings. But an officer told me that he was sorry, that he had orders that I was not to be allowed inside the court building. As I left the security perimeter, I was faced with a wall of cameras, microphones and photographers. Television stations were ordered not to run the audio of this informal press conference.

     I requested a meeting with the government's Law Advisor. I was told that he had orders not to meet with me.

     On Feb. 20 I went to the Supreme Court building to meet with a few BDLA lawyers in the office of the Supreme Court Bar Association. As the room filled up we moved to a larger room, but as word spread of my presence, we moved again to a large hall where I spoke with about 150 lawyers.

     At 4:30 pm on the 22nd, I was to hold a press conference with the President of the BDLA. As we were meeting to prepare, the Hotel Sonargaon administration informed us that the government had cancelled the press conference. The Hotel apologized, saying this had never happened to them before. I nevertheless met in my room with the BDLA leaders to prepare a brief oral statement.

     At 3:30 I was told that the police wanted to see me in my room. I went down to the lobby and sent an email to the AAJ and IADL. As I finished, a casually clad officer approached and told me that I had to return to my room and stay there until my scheduled departure for the airport that night.

     I was detained in my room, the corridor lights dimmed, by up to six casually clad officers in the corridor and near the elevators, including the service lift. The press and lawyers who had come for the conference were kept away from the hotel by a cordon of police. This last I only learned in Montreal by reading the next day's papers on the internet.

     Three police officers travelled with me in the vehicle to the airport, with three police vans accompanying us. I was taken directly to the airport Immigration office, where I was detained until boarding time. I was not informed of any immigration or other legal proceedings. An ordinary exit stamp was put on my passport.

     I am fearful for the safety of Monwar Hossain, the young man who was my interpreter/guide during the trip. I last saw him in the lobby as I was passing through to leave. He was in police custody and though usually bubbly, he appeared terrified.

Found at: http://www.peoplesvoice.ca/articleprint14/13.%20A_LAWYER'S_TALE__HUMAN_RIGHTS_IN_BANGLADESH.html