STRINGENT EMERGENCY POWERS YET TO BE TESTED, MAY

C O N F I D E N T I A L DHAKA 000081 SIPDIS SENSITIVE SIPDIS E.O. 12958: DECL: 01/16/2012 TAGS: PREL PGOV KDEM ASEC PHUM BG SUBJECT: STRINGENT EMERGENCY POWERS YET TO BE TESTED, MAY BE RELAXED Classified By: DCM Geeta Pasi, reason para 1.4 d. ¶1. (SBU) Summary: On January 11, President Ahmed issued an Emergency Power Ordinance that gave the government sweeping powers of arrest and detention, restricted individual liberties ranging from freedom of commerce to freedom of the press, authorized the confiscation (as needed) of private property, and provided government officials with immunity during the state of emergency. The government, however, has yet to issue detailed rules of implementation, and has indicated sensitivity to concerns for protecting indidivual liberties, particularly freedom of the press. End Summary. ¶2. (SBU) On January 11, President Ahmed declared a state of emergency followed by the Emergency Power Ordinance 2007 (EPO 2007). The ordinance is expected to remain in force for the duration of the state of emergency, and authorizes governmental authorities to declare ordinances to restrict activities believed to: -- subvert the state; -- create panic in public life; -- hamper relations of Bangladesh with foreign countries; -- disrupt the peace in any part of Bangladesh; or -- create enmity, hatred, or confrontations among different sections of society. ¶3. (SBU) The ordinance also authorized the government to suspend the activities of political parties, trade unions, clubs and associations, ban strikes and lockouts, and control dissemination of any news or information and authorizes the seizure of printing or media equipment. In addition, it authorized the government to control, disrupt or block any message or news through any media, including the Internet. ¶4. (SBU) The ordinance enacted broad powers of arrest and detention for violations of rules and orders, and punishment for violations included jail sentences, life terms, and capital punishment. The ordinance restricted the movement of people within Bangladesh and controlled the entry, stay and visit of any person to Bangladesh, authorized control of trade and business, and supply, generation and use of electricity. It also empowered the government to seize management of any organization of essential services and take measures against hoarding, black marketing, and profiteering. ¶5. (SBU) Officials acting under this ordinance are immune from prosecution, and the legality of orders cannot be challenged in court. ¶6. (C) As of January 16, the government has yet to establish detailed procedures for the administration of the ordinances during the state of emergency, though Attorney General J.A. Mohammad Ali told us they "would be framed soon." Caretaker Government Advisor Moinul Hossain told us he expects many of the ordinance's strict provisions will be relaxed within days after additional advisors are selected. ¶7. (C) Comment: With all political parties lying low for the time being, the ban on political activities is yet to be tested. Moreover, the arrest since the publicly popular imposition of the state of emergency of several thousand "criminals" and thugs associated with both major political parties with a Caretaker Government normally does during an election period. At least two Caretaker Government advisers have publicly acknowledged the need to preserve press freedom, and several prominent dailies have promised to resist any government restrictions. For our part, we have urged the Caretaker Government to implement the state of emergency in a manner that protects the everyday civil liberties of Bangladeshis. So far, the new ordinance has not had a significant impact on normal life, but we, and Bangladeshis, are watching closely for signs of government bias or authoritarianism. BUTENIS