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