The military-controlled interim government of Bangladesh has revoked the State of Emergency from early morning of 17 December 2008. The President of the country Prof. Iazuddin Ahmed promulgated the ordinance on 15 December to withdraw the State of Emergency.
“Whereas the president is satisfied that it is expedient and necessary to revoke the State of Emergency proclaimed in exercise of the powers conferred by Article 141A(1) of the constitution, the President does, hereby, revoke the State of Emergency, proclaimed on January 11, 2007, in exercise of the powers conferred by Article 141A(2)(a) of the Constitution, the proclamation reads.
According to the Emergency Power (Repeal) Ordinance-2008 the State of Emergency is to be revoked from 17 December 2008. The ordinance said that “the ordinance number 1 of 2007 a.k.a. Emergency Power Ordinance-2007 is hereby repealed in this ordinance”.
Under a clause named “Repeal and Preservation of Emergency Power Rules-2007″ it is mentioned in Sub-Section (1) that the Emergency Power Rules-2007 is hereby repealed along with the aforesaid ordinance (2) despite repealing the said Rules all the inquiries, investigations, trials and appeals pending under the Rules would continue in their respective stages as if the Rules had not been repealed. For their disposal, the laws and rules would be applicable which could have been applicable if the rules had not been framed”.
Under “Dissolution and Preservation of the National Coordination Committee” in Sub-Section (1) it is mentioned that the National Coordination Committee, which was formed on March 8, 2007 under 21A (3) of the said Rules, shall be deemed as dissolved.
Sub-Section (2) says, “despite the dissolution of the National Coordination Committee under Sub-Section (1) the pending administrative activities of that National Coordination Committee can be continued until 1 January 2009, and after that date all functions of it shall finally be concluded.”
In “Preservation of Section 6 of the Ordinance number 1 of 2007″ it is mentioned that “despite the repeal of the said ordinance the indemnity given under Section 6 shall remain in effect in such a state that the ordinance had not been repealed.
By promulgating the State of Emergency (Repeal) Ordinance-2008, the President of Bangladesh, whose country was under the grip of a military-controlled, interim government, officially ended the longest State of Emergency in the country. The State of Emergency from 11 January 2007 to 16 December 2008 at least 705 days, leaves in its wake hundreds of thousands of victims. These are people who had been illegally arrested, arbitrarily detained and implicated in fabricated cases sustaining permanent or temporary disabilities as well as inestimable financial losses. The withdrawal of the State of Emergency was long overdue because of its unconstitutional, illegal and abusive nature. Like the people of Bangladesh, the Asian Human Rights Commission is aware of the extent of the pain that the State of Emergency has caused to ordinary citizens as well as to political activists in the country.
The Asian Human Rights Commission (AHRC) welcomes the long delayed withdrawal of the State of Emergency from Bangladesh. The AHRC condemns the indemnity given to the perpetrators of massive human rights abuses in the Emergency Power (Repeal) Ordinance-2008.
It is generally suspected that by keeping the National Coordination Committee (NCC) in effect until 1 January 2009, the current government leaves room for further manipulation of military power prior to the general election as well as the post-election situation in the country. It is feared that the NCC will be a bridge between the military and the government for illegal intervention in the election process and ensuring permanent impunity from the 9th parliament of Bangladesh.
The AHRC is aware that the Parliament of Bangladesh enacted laws ensuring impunity to the perpetrators of gross human rights abuses in the past. Such a culture of impunity further motivates the military to conduct a coup in the country again, in which the entire nation suffers. However, on the other hand, it benefits only a very few individuals of the armed forces, the police and the politicians and not the ordinary citizen.
The Asian Human Rights Commission urges members of the civil society, including professional bodies like journalists, lawyers, NGO activists and academics of the country, to protest against further indemnity and demand prosecution of the perpetrators. Indemnity can only serve two purposes. First, it will further increase the deterioration of institutions operating within this dysfunctional rule of law. Second, it will further demoralize all relevant professionals concerned within these institutions.
