PROMINENT HUMAN RIGHTS ADVOCATE DISCUSSES CURRENT

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000258

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/26/2018
TAGS: PHUM PGOV KGOV KDEM BG
SUBJECT: PROMINENT HUMAN RIGHTS ADVOCATE DISCUSSES CURRENT
SITUATION IN BANGLADESH

REF: DHAKA 250

Classified By: Charge d'Affaires a.i. Geeta Pasi; reasons 1.4(d)


1. (C) SUMMARY. Elena Khan, a barrister and current head of
the Bangladesh Society for the Enforcement of Human Rights
(BSEHR),discussed the current state of affairs in Bangladesh
and her own personal legal concerns. She expressed concern
for the health of BSEHR's incarcerated former secretary
general Sigma Huda, and discussed her organization's
preliminary investigation into the recent death in custody of
a local Dhaka ward commissioner. END SUMMARY.

DENIAL OF BAIL A LINGERING PROBLEM
==================================


2. (C) Elena Khan, secretary general of the Bangladesh
Society for the Enforcement of Human Rights (BSEHR),one of
Bangladesh's most prominent human rights organizations,
recently discussed the current human rights situation with
POLOFF. Khan expressed concern about the denial of bail to
corruption suspects under the state of emergency's Emergency
Powers Rules, though she said a "small positive" was the
government's decision last fall to lift the bail prohibition
for family members accused of abetting corruption. (NOTE:
Earlier in the state of emergency, this provision had
resulted in the jailing of the cancer-stricken wife of one
politician, and the 16-year old daughter of another. END
NOTE.)

CONCERN FOR SIGMA HUDA
======================


3. (C) Khan herself has been charged with corruption and
extortion, though since she was not charged under the
Emergency Powers Rules she was granted bail. Sigma Huda, the
president of BSEHR and a close associate of Khan's, has been
convicted on extortion and bribery charges and is currently
undergoing another trial. Khan said she was concerned about
Huda's health. (Reftel) BSEHR has a close working
relationship with the Inspector General of Prisons (IGP),
with whom it implements several prison training programs.
Khan raised the issue of Huda's deteriorating medical
condition with the IGP. According to Khan, the IGP wants to
move Huda into a medical facility for treatment, but "the
government" wouldn't allow it. Khan believes Sigma may have
run afoul of some in the government in the conduct of her
human rights advocacy, and may also have earned herself
enemies. Regardless, Khan fears if something isn't done to
address Sigma's medical needs, the government could have a
serious problem on its hands. (NOTE: When Khan went to see
Sigma in court after our meeting -- the first time she
visited since Sigma was arrested -- Sigma accused Khan of not
doing enough to help her, and refused to speak with her any
further. END NOTE.)

PRISON SYSTEM "OVERWHELMED"
===========================


4. (C) According to BSEHR, the prison system has been
overwhelmed by the number of VIP prisoners, which have
multiplied under the state of emergency from a handful to
over 200. For the first time, they are also faced with
handling several female VIP prisoners, including the two
former prime ministers. VIP prisoners require more
attention, and more guards, than other prisoners, putting a
strain on the system. Despite numerous requests, the IGP has
not received additional manpower or resources from the
government to cope with this situation. This manpower
shortage also means there are not enough escorts to accompany
VIP prisoners to private hospitals to seek medical care,
hence the prison authorities' attempts to limit strictly the
number of prisoners sent outside the prison for care. (NOTE:
A recent meeting with the IG of Prisons will be reported
septel. END NOTE.)

GOVERNMENT OVERREACH LED TO CURRENT TRAVAILS
============================================


DHAKA 00000258 002 OF 002



5. (C) Khan believes during the first six months of the
caretaker government, it enjoyed the support of the people,
but excesses since then have had an impact on its popularity.
Rather than hone in on a realistic set of priorities, the
government tried to do too much at once, setting expectations
too high and then falling short. According to Khan, the
attempt to play politics and divide the two parties
distracted the government from its anti-corruption agenda and
made it appear partisan.

DEATH IN CUSTODY ALLEGEDLY LINKED TO QUESTIONING
============================================= ===


6. (C) Khan and POLOFF discussed the recent death in custody
of Mohammad Quayyum Khan, a Bangladesh Nationalist Party
(BNP) ward commissioner in Kafrul, a part of Dhaka abutting
the military cantonment. According to BSEHR, Quayyum was
arrested shortly after the state of emergency was declared in
January 2007, and held for over a year without any specific
charges being pressed. A court ordered his release in
January 2008. Immediately upon release, he was re-arrested
by police and handed over to the military cantonment in Dhaka
for interrogation. He was transferred back to the Dhaka
Central Jail. Quayyum, who suffered from a heart condition
and diabetes, alleged to fellow prisoners he was beaten
during questioning. On February 8 he collapsed and died at
the prison. According to a fellow prisoner, before he
collapsed Quayyum said he had been informed he was being
transferred back to the cantonment for a further round of
questioning.

COMMENT
=======


7. (C) BSEHR is one of Bangladesh's most prominent human
rights organizations and is an important source of
information and statistics for the Human Rights Report. At
the moment BSEHR appears to be on the defensive and suffering
from low morale, the result of Sigma Huda's legal problems,
the organization's own alleged illegal property deals, and
Elena Khan's legal cases. Khan's frustration with the
mistakes of the government was palpable, in comparison to her
more cautiously optimistic assessment last year. She put up a
strong defense of the IGP, insisting the government and
military were tying his hands to prevent him from helping
Sigma, and she also expressed concern arrests were on the
rise again.
Pasi