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