BANGLADESH: 14 years’ detention without trial invokes Bangladesh to reform its rule of law institutions

The Prothom Alo, a vernacular national daily newspaper of Bangladesh, reports in its 27 May’s online edition that a person was held in detention for 14 years in the Bagerhat District Jail without trial.

Quoting the jail officials and the detained, the newspaper reports that the Mothbaria police of the Pirojpur district arrested Mr. Md. Moslem Bishwas on 11 August in 1994  as was allegedly preparing to carrying out a crime. On the following day Moslem was shown arrested by the Sharonkhola police of the Bagerhat district in an illegal arms possession case and another case lodged under the Special Power Act of 1974 along with five other persons. The rest of the accused persons managed to get a stay order from the higher courts on 23 June 2002 by lodging a Miscellaneous Case and were granted bail accordingly. Moslem was acquitted from the first case against him but he did not have the capacity to spend money and involve dependable persons for pursuing the other two cases. He had to suffer detention without trial of his pending cases until he managed to make a petition with a High Court Bench of the Supreme Court, comprising Justice Mr. Shikdar Mokbul Haque and Justice Mr. Md. Fazlur Rahman, on 5 May only that granted bail to him. On 26 May the Bagerhat jail authority received the order from the Supreme Court and released Moslem.

Having been released 60-years-old Moslem told the newsmen that he was produced before the Bagerhat court only once in last 14 years of detention. Moslem claims that the charges against his were false following instigation by some of his relatives led by a chairman of a local union council.

The story of prolonged detention of Moslem without trial of two alleged fabricated cases against him shows the degree of irresponsibility and arbitrariness of the officers of the rule of law institutions of Bangladesh. It also represents innumerable undisclosed sufferings of people in the country.

The Asian Human Rights Commission (AHRC) urges the authorities of Bangladesh to conduct a thorough investigation into the alleged incident of fabrication of charges against Mr. Moslem Bishwas. The officers involved in the incident should be identified and held accountable following the investigation, if found guilty. Impartial investigations may unveil many such cases that requiring immediate attention. The concerned professionals including the members of the civil society should mobilize massive public awareness aimed at drastic reforms to the institutions including systemic changes in the policing, prosecution, judiciary and prison management of Bangladesh.

Document Type : Statement
Document ID : AHRC-STM-150-2008
Countries : Bangladesh,