BDG DRAFTS ANTI-TERRORISM LEGAL AMENDMENTS

C O N F I D E N T I A L DHAKA 002061

SIPDIS

E.O. 12958: DECL: 04/28/2015
TAGS: PTER PHUM PGOV AFIN BG BG
SUBJECT: BDG DRAFTS ANTI-TERRORISM LEGAL AMENDMENTS


Classified By: P/E Counselor D.C. McCullough; Reason 1.4(d)


1. (C) The Law Cell of the Ministry of Home Affair (MHA) has
drafted amendments to Section 121 of the Penal Code
redefining "waging or abetting war" and to Section 3 of the
Special Powers Act concerning sabotage to broaden their
coverage and thereby their utility for counter-terrorism. A
MHA lawyer told us that, in light of a series of bombing
incidents the past year against political and religious
targets, the BDG recognized it needs to update its laws from
their colonial-era focus on sedition.


2. (C) The amendments are still in the drafting stage, and
the drafters appear amenable to suggestions. When RLA noted
that the "waging or abetting war" language (which is
primarily concerned with insurgency movements) could be
strengthened by criminalizing financial aid to such
movements, the drafters promptly made the changes.


3. (C) COMMENT: MHA is acting at the behest of the PMO and
Bangladeshi intelligence services. We will provide whatever
assistance we can to raise Bangladeshi law to international
standards and promote the development of an effective
anti-terrorist legal regime. The draft amendments make no
specific reference to terrorism, which is consistent with the
BDG's public stance that there is no international terrorism
in Bangladesh. Bangladeshi laws do not appear to require
substantial overhaul, but amendments to other laws are
needed, especially to the 2002 Anti-Money Laundering Act
(AMLA). A draft of an amended AMLA law with substantial
input by DOJ attorneys is, according to BDG officials, "under
review." RLA will continue to work through informal channels
to push amendments to these and other laws to give
prosecutors and investigators better laws to secure
convictions in counter-terrorism cases.
CHAMMAS