The newly elected Government of Bangladesh led by the Bangladesh Awami League has announced its decision of withdrawing “politically motivated” cases that are pending before the courts across the country.
Quoting the country’s Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed the local media reports that the government wishes to unburden the courts of politically-motivated cases that were lodged during the previous governments – led by the Bangladesh Nationalist Party (BNP) and the military-controlled emergency regime. The government has reportedly formed committees in central and districts levels to receive applications from the aggrieved persons regarding politically-motivated cases. The authorities have stipulated 45 days to receive applications after a gazette notification is made and another 45 days for scrutinizing the withdrawal-applications by the committees.
The decision of withdrawing certain cases might be welcomed by the victims of politically fabricated cases who had been seeking relief from diversified types of harassment as a result of the cases. It is considered as a “quick executive remedy” to the victims of such cases as well as a relief is going to be given to the courts of the country, according to the statement of the Law Minister of Bangladesh.
Withdrawal of cases naming “politically-motivated cases” is not a new incident in Bangladesh. It is also learnt that the BNP led government constituted similar committees after the party voted to the power in 2001. The then government reportedly withdrew around 5,888 cases to release around 73,541 persons having politically affiliated with the BNP and its allies. At the same time names of the party supporters who were made accused in around 945 criminal cases were also withdrawn by the government. All those cases were lodged during the previous regime of the Awami League between June 1996 and July 2001.
The withdrawal of such large numbers of cases on the basis that they were fabricated charges for political reasons is a clear admission on the part of the government of Bangladesh that its criminal investigation divisions and prosecution divisions are fundamentally flawed. Since every government engages in the dismissal of such cases as they come to power it is a clear indication that both political parties are aware of the defective nature of the investigations and prosecution branches of their country.
As the new government has declared that it wants to uphold rule of law then one of the primary tasks of the government should be to address the problems of its Criminal Investigation and prosecution branches. To admit that the functioning of these branches is fundamentally flawed and to do nothing about this issue would be a clear abdication of the responsibilities of a government. All governments so far, have not shouldered this most basic responsibility and it is now the opportunity of the Bangladesh Awami League to part with this entrenched negligence and take appropriate steps to improve the system.
In dealing with an issue like this, what is needed most is political will. The governments political will is demonstrated by its public policies. The new government should make a matter of priority among its policies to undo extreme defects in its criminal investigation and prosecuting branches. It will be the duty of the cabinet lead by the prime minister to make a public policy statement to this effect. Without the adoption of a policy in this regard and the proclamation of that policy to the nation these extreme defects of the system remain unaddressed. To allow this problem to go unaddressed is to condone the present situation and, in fact, to contribute to its perpetuation.
Given the magnitude of the problem and its national importance the government must immediately begin a period of national consultations in order to allow the public to air its views on this problem. Obviously as this is a matter that has affected everyone the people could have a lot to say it the government provides the opportunity for them to submit their views and observations on the problems affecting the criminal investigations and prosecutions in the country. Particularly the Ministry of Home Affairs and the Ministry of Law, Justice and Parliamentary Affairs should take the primary responsibility for ensuring the development of a public policy and the implementation of such a policy in order to undo the counter-productive system that exists at present.
It is above all the duty of all civil society organisations and the human rights community in particular to take an active role in making public opinion in order to achieve this change. Research, publications, public meetings and seminars and all other forms of public expression should be used in order to give this problem of great national importance the priority of attention that it deserves.
It is also time for global attention to be drawn to this issue as all the basic issues faced in Bangladesh are very much linked to the resolving of the crisis relating to the defective nature of the investigation and prosecution branches.
If the present government proves capable of dealing with this issue it will not be necessary in the future, when a new government comes into being to release large numbers of accused persons by executive action on the basis that these case are fabricated due to political reasons.
