Identifier
Created
Classification
Origin
07DHAKA86
2007-01-17 09:17:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Dhaka
Cable title:
AS JUDICIARY FINALLY SEPARATES, ERSHAD CASE ENDS
how-toVZCZCXRO9906 PP RUEHCI DE RUEHKA #0086 0170917 ZNR UUUUU ZZH P 170917Z JAN 07 FM AMEMBASSY DHAKA TO RUEHC/SECSTATE WASHDC PRIORITY 3000 INFO RUEHNE/AMEMBASSY NEW DELHI 9570 RUEHIL/AMEMBASSY ISLAMABAD 1449 RUEHKT/AMEMBASSY KATHMANDU 8883 RUEHLM/AMEMBASSY COLOMBO 7729 RUEHLO/AMEMBASSY LONDON 1603 RUEHCI/AMCONSUL CALCUTTA
UNCLAS DHAKA 000086
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM KDEM PGOV BG
SUBJECT: AS JUDICIARY FINALLY SEPARATES, ERSHAD CASE ENDS
WITHOUT MORE JAIL TIME
UNCLAS DHAKA 000086
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM KDEM PGOV BG
SUBJECT: AS JUDICIARY FINALLY SEPARATES, ERSHAD CASE ENDS
WITHOUT MORE JAIL TIME
1. (SBU) On January 17, Jatiya Party president Ershad
confirmed to us that a district court has ruled that his time
served has fully satisfied the sentence he received for his
conviction in the Japanese boat purchase corruption case.
Ershad, who ruled Bangladesh from 1982 to 1990 as a military
dictator, is therefore not subject to renewed incarceration
in this case. After years of appeal, Ershad said, he has
finally received justice.
2. (SBU) Attorney General Muhammad Ali told us the lower
court exceeded its authority in making this determination,
but doubted the government would pursue the matter since it
comes on the heels of President Ahmed's actions last night
formally separating the judiciary from the executive.
3. (SBU) Separation of the judiciary comes after five years
of foot-dragging by the pervious Bangladesh Nationalist Party
government. The next step towards implementation is an
amendment of the Criminal Procedure Code, either by
parliament or a presidential ordinance. Once separation is
fully achieved, the magistrates who now fall under executive
branch control will come under the authority of the Supreme
Court. The lower courts will also become independent.
4. (SBU) Comment: Ershad still has approximately one dozen
corruption cases hanging over his head, but the latest ruling
apparently frees him to be a candidate in parliamentary
elections -- at least until his next anticipated corruption
case hearing in about ten days. Separation of the judiciary
is a long sought reform widely viewed as crucial to improved
governance and a depoliticized judiciary. By acting again
where the previous Caretaker Government had failed to tread,
the new regime has made a strong statement about its
independence and commitment to change.
BUTENIS
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM KDEM PGOV BG
SUBJECT: AS JUDICIARY FINALLY SEPARATES, ERSHAD CASE ENDS
WITHOUT MORE JAIL TIME
1. (SBU) On January 17, Jatiya Party president Ershad
confirmed to us that a district court has ruled that his time
served has fully satisfied the sentence he received for his
conviction in the Japanese boat purchase corruption case.
Ershad, who ruled Bangladesh from 1982 to 1990 as a military
dictator, is therefore not subject to renewed incarceration
in this case. After years of appeal, Ershad said, he has
finally received justice.
2. (SBU) Attorney General Muhammad Ali told us the lower
court exceeded its authority in making this determination,
but doubted the government would pursue the matter since it
comes on the heels of President Ahmed's actions last night
formally separating the judiciary from the executive.
3. (SBU) Separation of the judiciary comes after five years
of foot-dragging by the pervious Bangladesh Nationalist Party
government. The next step towards implementation is an
amendment of the Criminal Procedure Code, either by
parliament or a presidential ordinance. Once separation is
fully achieved, the magistrates who now fall under executive
branch control will come under the authority of the Supreme
Court. The lower courts will also become independent.
4. (SBU) Comment: Ershad still has approximately one dozen
corruption cases hanging over his head, but the latest ruling
apparently frees him to be a candidate in parliamentary
elections -- at least until his next anticipated corruption
case hearing in about ten days. Separation of the judiciary
is a long sought reform widely viewed as crucial to improved
governance and a depoliticized judiciary. By acting again
where the previous Caretaker Government had failed to tread,
the new regime has made a strong statement about its
independence and commitment to change.
BUTENIS