CORRUPTION TRIAL AGAINST SHEIKH HASINA CONTINUES

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 001986 SIPDIS SIPDIS E.O. 12958: DECL: 12/31/2017 TAGS: PHUM PGOV KGOV KDEM BG SUBJECT: CORRUPTION TRIAL AGAINST SHEIKH HASINA CONTINUES REF: DHAKA 1234 Classified By: Charge d'Affaires a.i. Geeta Pasi; reasons 1.4 (b) and ( d) ¶1. (U) SUMMARY. The corruption trial of former prime minister Sheikh Hasina of the Awami League recommenced with hearings on the framing of charges, when the prosecution presented its evidence for defense examination. Sheikh Hasina used her courtroom appearance to pass a public message through her lawyers condemning the proceedings yet again as a contrived plot to remove her from the political scene. END SUMMARY. AFTER MUCH WRANGLING, TRIAL MOVING FORWARD ========================================== ¶2. (U) On December 26, the trial of Awami League president and former prime minister Sheikh Hasina reconvened at the special court facilities on the grounds of Parliament. Judge Md Azizul Haque of the Dhaka Metropolitan Sessions, who is presiding over the case, resumed hearing to accept the charges -- in Bangladesh, the "framing of charges" -- against Hasina, her cousin Sheikh Fazlul Karim Selim, and her sister Sheikh Rehana. (NOTE: Rehana, resident in London, is being tried in absentia. END NOTE.) ¶3. (U) The framing of charges was delayed because Hasina's lawyers challenged the government's decision to relocate the proceedings from the Dhaka Metropolitan Sessions Court to a special facility on the grounds of Parliament, reportedly for security reasons. The Supreme Court Appellate Branch December 13 upheld the change of venue, clearing the way for the trial to commence. ¶4. (U) During the December 26 hearing, the chief prosecutor accused the three defendents of three charges, including extorting 29 million taka ($425,000) from a local businessman whose company was bidding to construct a power plant in 2001, during Hasina's term as prime minister. When court reconvened on December 31, the prosecution presented evidence, including seized cabinet committee notes and other documents, for defense review. During the December 31 hearing, Sheikh Hasina became ill and was taken back to her special jail on the Parliament grounds to recover. The hearing continued without her. The media reported she was suffering from a fever. HASINA AGAIN CLAIMS TRIAL IS BIASED =================================== ¶5. (U) Through her lawyers, Sheikh Hasina once again claimed she was innocent and condemned the proceedings as a way to stop her from taking part in national elections scheduled for late 2008. "I know the case is already decided," she said through her lawyers. "It will be of no use making arguments and counter-arguments in this case." She further claimed the government was prosecuting Rehana to prevent her from taking the reins of the Awami League should Hasina be convicted. AWAMI LEAGUE INTERIM LEADERSHIP ALSO CONCERNED ============================================= = ¶6. (C) Awami League Acting Secretary General Syed Ashraf told us the party has not yet decided on a course of action if Hasina is convicted, but said the change of venue and other government actions left them concerned about the fairness of the proceedings. "There was no reason to move the trial if they have nothing to hide," he said. "Not letting observers see the trial makes it look like they are afraid of a free and open trial." He said if the trial was perceived to be rigged, the party would have to consider its options. COMMENT: TRIAL SHOULD MOVE FORWARD QUICKLY IN 2008 ============================================= ===== ¶7. (C) With most procedural obstacles now removed, Hasina's trial should move more quickly in early 2008. According to the Emergency Power Rules under which the trial is being prosecuted, the court has 45 days (plus an additional 15 if needed) to hear the case after the framing of charges. The media is rife once again with speculation that Awami League DHAKA 00001986 002 OF 002 and its principal rival, the Bangladesh Nationalist Party (BNP),are preparing to take to the streets early in the new year -- perhaps after Hasina's trial -- to agitate for the release of their respective leaders. We do not believe that street protests are likely in the short term. Both Awami League and BNP leaders have told us in private that they do not want to provoke an open confrontation with the army at this time. They want to keep their options open, including the possibility of participation in elections later this year. The embassy has sent a diplomatic note to the Ministry for Foreign Affairs requesting permission to observe the trial, because it is taking place in a special venue which requires special access. We will continue to monitor the trial closely in the coming weeks and to emphasize the importance of adhering to due process in the conduct of these high-profile corruption cases. Pasi