MOUDUD'S WORDS FROM PRISON

Here is the latest message we have received from Moudud(22 May 2008):

I am not much worried about the NIKO case. Now they have submitted their false charge sheet alleging that I have more wealth than my income by deducting a wild, imaginary and fictitious amount as my personal-family-social-political expenses from the income I have shown which the law does not permit them to do. I never thought that they would file this kind of case against me. I had a clear 4 crore [about us dollars 588 thousand] margin of excess income over my assets during the nearly thirty  years this case is meant to cover [about usd 20 thousand per year, when Moudud was the leading commercial barrister in Bangladesh for the last 30 years]. We have one house built in 1976-1977 and 2 flats purchased in 1994 and 1997, all when I was not in the government. They have filed so far 100 cases but in none of them they have deducted expenses from income but they have done so in my case only to make out one. I am the author of this law. Any account of expenses has been deliberately avoided in the law because such account is not humanly possible to submit, of past 20-30-40 years and secondly any such law would be extensively misused and abused as they are doing it now against me even without the sanction of law. Annual personal expenses are assessed every year by the income tax department and I have paid regularly all through these years on the assessed personal expenses. These are the reasons why submission of statement of expenses is not included in the law nor there is any definition for it nor there is any prescribed form for this purpose. If there was no emergency and the trial was held under the normal existing laws, the supreme court would have  intervened immediately but now it has no independence. Bangladesh is the only country in the free world where even the highest court of the country cannot grant bail once arrested under the emergency rules even on "suspicion" , not to speak of any specific case. Thousands of people are in jail now without trial. We will try to take this matter to the supreme court and see what happens. Otherwise once the trial starts, the conviction is inevitable in these kangaroo courts where army officers monitor the judges, to debar me from running in the election.

Contrary to what I had said in my last letter the political situation is getting worse and uncertain. The offer of dialogue is only an eye-wash. They made it only to fail and force the major political parties to decline to take part in the election. With Khaleda, Hasina and now Nizami heads of 3 parties who enjoyed 91% of votes cast in the last election, in jail, how would one expect a free and fair election in the country? Instead of pursuing an honest intention, the regime has adopted a path which will endanger the very existence of this nation. We do not know who is behind this mischievious conspiracy to turn Bangladesh into a 'failed state' but the present process of depoliticisation will only lead to that .

Moudud Ahmed sends the following information from inside prison (12 May, 2008):

About myself: I have not been allowed to consult any lawyer from December 2, 2007 for about 6 months now and this unofficial ban will continue.

Inside the Dhaka Central jail the conditions are intolerable. Lock up time is now 7 PM instead of 9 PM as per jail code. Kitchen closes at 5 PM instead of 8 PM for the last 2 months now. Now we have to sleep at night with the lights on – and many other restrictions have been recently introduced. Even the worst tyrants have a human face but this government does not have that. No sympathy for the health or family members including children, they just don’t care. So I have given up raising the issue of my health although I have to go to hospital almost every week.

About NIKO: Having found no other charge in the last one year the government has brought a new charge against me for giving a routine opinion as the Law Minister in respect of a Canadian Oil Company NIKO which happened to a client of mine (as most leading multinational companies were my clients ) many years ago. The present case against me is so much bogus that in the charge-sheet they could not submit name of any witness nor documentary evidence against me. How can there be any case against me? (Attached is more information on NIKO case)

About political situation: The government has come to realize that they have failed miserably in running the country in all sectors and if they do not go for a credible election there will be an upheaval in the country, the ‘minus two’ theory (minus Hasina and Zia, two formidable leaders of the two leading parties) has not worked. Now they have started talking to the two ladies late at night for a political settlement. Very soon formal dialogue
With the parties will start. But again in politics you cannot predict anything. The hawks are always in the wings waiting. Economy has declined in all areas. The GDP growth rate has gone down, inflation is running at 11% and the prices of essentials have gone up by 100%-270%. Most alarming is in last one year at least 20% which is 30 million people, have gone back to below poverty line making it now a total of 60% population (90 million) living below poverty line which will take at least 15 years to recover to return to the 2006 level, It has happened due to large scale unemployment, a drastic fall in the purchasing capacity and rise in prices of everything. There has been no fresh investment and not a single new factory has been built in the last one year.

The less we talk about human rights and rule of law is better. Emergency itself is a total negation of both. They cannot co-exist. The interventions of the military in civil affairs and the rigors of the Emergency Rules have exceeded any past record. The fundamental rights having been suspended the Supreme Court cannot enforce any right. Independence of judiciary is gone as all courts including the highest court Supreme Court function under the constant watch of the military agencies and the Emergency Rules.

In a recent judgment the Supreme Court has held that no citizen can get any bail under the Emergency in any court not only after conviction but also before the trial which means once arrested no bail even if there is no case against him as long as the Emergency is continued, like myself. (Moudud Ahmed has been arrested under fictitious charge of alcohol smuggling and has been in prison since April 13, 2007 with out charge or trial.)
Trials are held under Emergency rules in a very closed and restricted manner and not under existing laws. It is totally unfair.

Below are Moudud's own words about his arrest and subsequent detention, which have just been transmitted to us(december 2007)

I, Moudud Ahmed, former prime Minister and Vice President of
Bangladesh was taken by joint forces on 14.4.07 blind folded to an unknown
destination and most inhumanly treated. I was interrogated blind folded
for days and nights by those whose identity were not known, recorded the
conversation, taken picture by movie camera and was taken to a place where
others were being beaten up and the victims screaming, I was
under physical threat complelled to sign a typed paper containing
allegations against myself. This is the example of justice in Bangladesh. 

Physical torture in custody has surpassed any past record. Thousands are
in detention without trial.

I was denied any consultation with lawyers for more than three
months despite  repeated request written to the Home Secretary through
jail authorities. Public entry including media to the court rooms are
extremely restricted making it almost a camera trial. The judges are not
able to function freely because of the presence of army officers and
officials of a special force in every trial court, monitoring the
proceedings.I am not allowed to communicate with any outsiders, including my own family.

In the cross examinations of prosecution, witnesses are not freely allowed
nor all the dopositions are recorded. In each and every case till now all
the principal accused persons have been awarded the highest sentences
disregarding the depositions and evidence adduced.

Besides the ban on bail, no act of illegality committed by the trial court
to the disadvantage of the accused can be challenged in any higher court
under 19(C) of the Emergency Power Rules, 2007.

Senior lawyers of the country are enlisted mostly against their wish by
the Anti Corruption Commission and other agencies so that they cannot
appear for the accused persons and sometimes resposponsible high officials
make statements in public and request the lawyers in privately over
invited dinners not to represent the accused persons. A handful of lawyers
who have come forward to defend the arrested persons are threatened by
various means not to do so. Even our personal staff Shaidul Islam was
taken in and physically tortured. Those who do the leg work of the defence
of the accused persons are threatened in the same manner and sometimes
physically tortured. Special forces apparently sit in my  law
office and give directions, most of the lawyers have left and staff gone,
except one or two.

The curtailment of powers of the higher courts to grant bail or stay the
judgement and order of the trial court at the appeal stage under Rule 11
(3) of the Emergency Power Rules 2007, however unfair the trial has been,
amounts to a blatant denial of justice.

Incidentally, there is no charge against me but if I am found to be
embarrassing the government they will stop at nothing, manufacture
anything to tarnish my good name. The daughter of Sec gen of BNP, a doctor
at BIRDEM where her father was being treated, has been given notice and
withdrawn because she has spoken with the press regarding the BNP
secretariat coup which came out in Bengali papers today.

This is how the trials are going on under the present government. I am 70 years old and my health is failing under the jail conditions. I am a
scholar and a writer. I should be released immediately as per order of
the High Court so that I can look after my health, family and my law
business. I shall appreciate greatly if you kindly take this case of how
justice is being denied.