Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/BANGLADE.TXT

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TITLE: BANGLADESH HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995


                           BANGLADESH


Bangladesh is a parliamentary democracy headed by Prime
Minister Khaleda Zia, leader of the Bangladesh Nationalist
Party (BNP).  Opposition parties include the Awami League, the
Jatiyo Party, the Jamaat-E-Islami, and several smaller
parties.  The opposition began to boycott Parliament in March,
demanding that the Government establish a caretaker government
to conduct national elections in early 1996.

The Home Affairs Ministry controls the police and paramilitary
forces which bear primary responsibility for maintaining
internal security.  The army and paramilitary forces are
responsible for security in the Chittagong Hill Tracts (CHT),
where a tribal force has waged a low-level insurgency for 20
years.  There were fewer violent incidents in the CHT in 1994
than in the past.  A cease-fire between government forces and
insurgents generally held throughout the year.  Because the
Government strictly controls access to the CHT, it is not known
whether security forces there committed abuses in 1994.

Bangladesh is a poor country; approximately 40 percent of its
122 million people exist on incomes insufficient to meet
minimum daily needs.  Sixty percent of the work force is
involved in farming, which accounts for approximately
40 percent of the gross domestic product.  Efforts to reform
the economy have been stymied by political stalemate, public
sector enterprises, and other entrenched interests.

The Government continues to restrict or deny many fundamental
rights.  The Government's issuance of a warrant for the arrest
of Bangladeshi author Taslima Nasreem for insulting religious
beliefs, and its failure to prosecute those who made death
threats against her, drew international attention and raised
questions about the Government's commitment to freedom of
expression.  The Government continued to use national security
laws to detain political opponents and other citizens without
formal charge, although the Government allowed the
Antiterrorism Act to expire on November 5.  Police routinely
use torture and other abuse in interrogating suspects.  Some
victims died in police custody.  The Government rarely convicts
and punishes those responsible for torture or causing unlawful
deaths.  Violence against women remained a serious problem.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

According to government figures, 64 persons died while in
custody.  In cases where post mortems were performed, there was
no evidence that any prisoner died from maltreatment.  However,
continual reports of police abuse and deaths of prisoners
indicate that this claim is deceptive and masks serious abuse.
For example, on March 4, police arrested a truck driver in
Nishindara and reportedly beat him to death.  Eight police
officers were suspended as a result of this incident; however,
there is no indication of further punishment.  On November 27,
a 21-year-old man died while in police custody (see Section
1.c.).

Violence, often resulting in killings, is a feature of the
political process.  Demonstrators from all parties, and even
within parties, often clash during rallies and demonstrations.
Violence among student political groups reportedly resulted in
27 deaths, 1,500 injuries, and the closure of 45 educational
institutions.  On July 26, 4 people were killed and over 100
injured at a rally in Chittagong when forces of Jamaat-e-Islami
clashed with supporters of the All Party Students Unity.

     b.  Disappearance

There were no reports of disappearances resulting from
government actions.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the Constitution prohibits torture and cruel, inhuman,
or degrading punishment, police systematically employ
psychological and physical torture and other abuse during
arrests and interrogations.  Torture may consist of threats,
beatings, and, occasionally, the use of electric shock.  On
November 27, the police reportedly beat to death a 21-year-old
male detainee; but official sources alleged that the man died
of cardiac arrest.  The Goverment has ordered a second autopsy
and an investigation is under way.  In the past, some police
officers have been suspended for abusing detainees.
Nonetheless, a climate of impunity remains a major obstacle to
ending torture and abuse.

Most prisons are overcrowded and lack adequate facilities.
There are three classes of cells:  A, B, and C.  Common
criminals and low-level political workers are generally held in
C cells which often have dirt floors, no furnishings, and poor
quality food.  The use of restraining devices on prisoners in
these cells is common.  Prisoners in the C cells reportedly
suffer the worst abuses, including beatings or being forced to
kneel for long periods.  Conditions in B and A cells are
markedly better; A cells are reserved for prominent prisoners
(including former President Ershad).  A government-appointed
committee of private citizens monitors prisons monthly but does
not release its findings.

Former President Ershad is serving a 20-year sentence.  In 1992
his supporters filed a writ of habeas corpus in the Supreme
Court asserting that his living conditions were inhumane and
that he has been denied proper medical care.  The Court has not
yet rendered judgment.  The Government maintains that Ershad
receives competent medical care and that his condition has
improved and is satisfactory.

     d.  Arbitrary Arrest, Detention, or Exile

The Government continued to use national security legislation
to detain citizens without formal charges, though to a lesser
extent than the past.  The two most widely used statutes are
the Special Powers Act of 1974 (SPA) and the Suppression of
Terrorist Offenses Bill of 1992, often called the Antiterrorism
Act.  The Government allowed the Antiterrorism Act to expire in
November, claiming that the law had achieved its purpose.

Under the SPA, the Government may detain anyone deemed "a
threat to the security of the country" for 30 days.  At the end
of that time, it must either charge or release the detainee.
In practice, detainees are sometimes held for longer periods
without charge.  If the Government files charges, detainees
have 15 days to appeal the detention order to the Home
Ministry, which may grant early release.

After 6 months, a review panel examines detainees.  If the
Government adequately defends its detention order, the detainee
remains imprisoned; if not, the detainee is released.
Detainees are allowed to consult with lawyers while in
detention, although usually not until a charge is filed.
Detainees may receive visitors, and incommunicado detention is
not practiced.

From January to September, the authorities detained 1,498
persons under the SPA.  As of October, the courts reviewed
1,100 cases and ordered 789 detainees released.  The courts
upheld the detention orders in the other cases.

In the first 9 months of 1994, the authorities arrested
856 persons under the Antiterrorism Act and filed charges in
289 cases.  However, the courts adjudicated only 14 cases, 7 of
which ended in conviction.  Between its inception in 1992 and
September 15, the authorities arrested 3,358 persons under the
Antiterrorism Act, and filed 1,394 cases.  On November 5, the
date on which the Antiterrorism Act expired, 489 cases were
pending.  The Government has introduced legislation to dispose
of those cases.

     e.  Denial of Fair Public Trial

The court system has two levels, the Low Court and the Supreme
Court.  Both hear civil and criminal cases.  Trials are
public.  The Low Court consists of magistrates, who are part of
the administrative branch of government, and session judges,
who belong to the judicial branch.  The Supreme Court is
divided into two sections, the High Court  and the Appellate
Court.  The High Court hears original cases and also reviews
cases from the Low Court.  The Appellate Court has jurisdiction
to hear appeals of judgments, decrees, orders, or sentences of
the High Court.  Rulings of the Appellate Court are binding on
all other courts.

The judiciary displays a high degree of independence,
especially at the higher levels.  It often rules against the
Government in criminal, civil, and even politically
controversial cases.  In one politically sensitive case, an
appellate court in June upheld the April 1993 High Court
decision to restore the citizenship of Jamaat-E-Islami leader
Golam Azam.  The Government argued that Azam did not qualify
for full citizenship because he allegedly committed or condoned
war crimes while fighting on the side of Pakistan during the
war of independence.

The law provides the accused with the right to be represented
by counsel, to review accusatory material, to call witnesses,
and to appeal verdicts.  In practice, the largely rural,
illiterate population does not always understand these rights,
nor do the authorities always respect them.  There is a system
of bail.  However, if bail is not granted, the law does not
specify a time limit on pretrial detention.  State-funded
defense attorneys are provided in only a limited number of
cases, and there are few legal aid programs to offer financial
assistance.

The largest problem of the court system is the overwhelming
backlog of cases.  As of September, over 500,000 cases were
pending in criminal and metropolitan courts; in Dhaka alone,
approximately 25,000 cases were pending trial.

The Government claims that it holds no political prisoners.
However, it has arrested some opponents under the SPA for
political reasons.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The law requires authorities to obtain a judicial warrant
before entering a home.  However, human rights monitors assert
that the police rarely obtain warrants and officers violating
the procedure are not punished.

In addition, the SPA permits searches without a warrant.  Some
opposition members and CHT tribal leaders maintain that the
intelligence services illegally monitor their telephones and
mail.  Sheikh Hasina, leader of the opposition Awami League,
charged that the Government taps her telephones and has her
under surveillance.  The Government denied tapping her
telephone, but admitted that the "surveillance" was provided
for her protection.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

The Shanti Bahini, a tribal group, has waged a low-level
conflict in the CHT since the early 1970's to deter Bengali
settlers who seek to exploit the Tract's fertile and
unpopulated land.  Government settlement programs increased the
number of Bengali inhabitants in the CHT from 3 percent in 1947
to an estimated 45 percent in 1994.  Although the Government
prohibits further settlement of the area, some settlers
continue to move in.

All sides--indigenous tribes, settlers, and security
forces--have accused each other of human rights violations.  It
is difficult to verify facts in specific incidents because
government travel restrictions, tight security, difficult
terrain, and unsafe conditions created by the insurgency limit
access to the area.

In November 1993, violence erupted in the remote town of
Naniarchar when a tribal group demonstrated for removal of a
security checkpoint.  A group of Bengali settlers reportedly
attacked the demonstrators and other persons in the town and
looted and burned tribal homes.  At least 27 people were killed
and 100 injured before the police and army restored order.  At
the end of 1994, a government commission which investigated the
violence had not issued an official finding.

There were no major violent incidents in the CHT in 1994.  The
Government continued its talks with Shanti Bahini's political
wing, the Jana Sanghati Samiti (JSS), and the two sides agreed
on December 26 to extend their cease-fire until March 31, 1995,
when talks between the two groups are scheduled to resume.  The
Government also extended the amnesty for insurgents until March
31, 1995.

The Government facilitated the return of Chakma members who had
fled the conflict in the CHT and sought shelter in refugee
camps in India.  More than 2,000 refugees had returned by
midyear.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech, expression,
and press, subject to "reasonable restrictions" in the interest
of security, friendly relations with foreign states, public
order, decency, or morality, or to prohibit defamation or
incitement to an offense.  The Government generally respects
freedom of speech, with the exception of perceived criticism of
Islam (see below).

There are frequent public rallies and speeches in opposition to
government policies.  Opposition political parties used public
rallies as the main venue to express their views after they
walked out of the Parliament in early 1994.

Newspaper ownership and content are not subject to government
restriction.  The press, numbering hundreds of daily and weekly
publications, is a forum for a wide range of views.

The Government seeks to influence newspapers by the placement
of advertising.  The Information Minister has publicly stated
that one criterion for the placement of government advertising
is the "objectivity" of a newspaper's reporting.  Some editors
complain that the Government's use of its advertising budget to
punish critical newspapers leads to self-censorship.

The Government also owns the only newsprint mill in the
country, giving it the power to shut down a newspaper by
denying it newsprint.  It determines how newsprint is
allocated, and, until recently, prohibited its import.

Foreign publications are subject to censorship.  An issue of
Time magazine was banned in January, reportedly for publishing
a photo of a model wearing a dress with verses from the Koran
embroidered on it.  On the other hand, the authorities
permitted entry of foreign newspapers carrying editorials
critical of the Government's handling of the Taslima Nasreen
case (see below).

The Government arrested several journalists for "offending the
religious sentiments of the people"--a violation of Section
295(a) of the Penal Code.  Three editors of the daily
Janakantha were arrested for printing a satirical fable mocking
Islamic clerics who misinterpret the Koran.  One editor was
granted bail; the others were imprisoned for several weeks.
Their case is still pending.  The authorities issued warrants
for the arrest of a reporter and editor of Ajke Kagoj and sued
the editor for publishing an article critical of the
Jamaat-i-Islami, an Islamist political party.

Two editors were threatened with legal action.  In one case the
editor of Bangla Bazaar Patrika, Motiur Rahman Chowdhury, wrote
a story about the alleged involvement of Special Advisor to the
Prime Minister Morshed Khan in a banking scandal.  Khan brought
a case against Chowdhury, who was arrested and released on
bail.  The case has not yet come to trial.  In the second case,
the editor of Ajker Kagoj, Kazi Shahed Ahmed, wrote stories on
the alleged role of leaders of the Jamaat-i-Islami Party as
collaborators with the Pakistanis during Bangladesh's 1971 war
for independence.  Charges brought by Jamaat partisans resulted
in warrants for Ahmed's arrest.  He surrendered to the court
and was granted bail.  The case remains in the court system.

Several media organizations and bookstores were attacked with
stones and Molotov cocktails by groups of Islamic
fundamentalists because they were allegedly "against
religion."  The Information Minister condemned the attacks, but
the Government took no legal action against the instigators.

Some fundamentalist groups threatened a number of journalists,
set fire to newspaper offices, intimidated newspaper sellers,
and offered rewards for the murder of well-known writers and
editors.  The Government did not fully investigate such
incidents and failed to prosecute the perpetrators.

In May, while visiting India, author Taslima Nasreen became the
target of Islamists' ire after the Indian newspaper, The
Statesman, quoted her as saying that the Koran should be
revised.  Nasreen had gained prominence in 1993 when the
Government banned her book "Lajjya" ("Shame"), a fictional
account of atrocities committed against a Hindu family by
Muslim neighbors, for inciting communal misunderstanding and
violence.

After The Statesman interview, Nasreen claimed that she had
stated only that Islamic law should be changed to improve the
lot of women, and that the Koran was "out of place and out of
time"--rather than in need of revision.  Nonetheless, Nasreen
became the object of death threats and protests staged by
fundamentalist groups.  In June the Government issued a warrant
for her arrest, citing the section of the Penal Code which
stipulates punishment of anyone who intentionally insults
religious beliefs.  As a result of the arrest warrant and death
threats, Nasreen went into hiding.

International media, human rights groups, and foreign
governments criticized the Government for failing to take
action against those calling--and offering money--for Nasreen's
death.  The Government finally warned the public against making
death threats.  On August 3, Nasreen appeared under heavy guard
before the High Court which granted her bail and police
protection.  Following a court order voiding her arrest
warrant, Nasreen departed Bangladesh on August 9 for Sweden and
did not return to Bangladesh in 1994.  Nasreen's trial
continues, although in January 1995 the High Court ruled that
the Government must provide a special sanction for the charges
because Nasreen's acts allegedly took place in a foreign
country.  The Government has not yet responded to this order.
By law, Nasreen may be tried in absentia.

The Government owns and controls all the broadcast media which
provide more favorable coverage of the Government than of the
opposition.  This was particularly true of government
television's very slanted coverage of January mayoral elections
in Dhaka and three other major cities.

The availability of Cable News Network (CNN) and the British
Broadcasting Company's (BBC) international news and features
for several hours a day on government television has
considerably increased the public's access to international
news.

The Government's film censor board continues to exercise
control over films.  In May it banned a locally produced
documentary on Chinese prodemocracy movements because the film
would injure the "susceptibilities of foreign nations."

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the right of every citizen to
form associations, subject to "reasonable restrictions" in the
interest of morality or public order.  In practice, individuals
are free to join private groups, but a local magistrate must
approve public meetings.  Occasionally, the Government
prohibits rallies for security reasons.

The Government frequently interferes with opposition rallies
and public meetings.  Police in Dhaka broke up a planned Jatiyo
Party rally on August 23 on the grounds that the organizers did
not have a permit.  Government officials also often cite a
statute which allows public assemblies to be prohibited--to
prevent possible violence--if two or more parties have
scheduled rallies for the same time and place.  Opposition
leaders claim that the ruling party, after learning of planned
opposition public gatherings, frequently schedules other
rallies for the same time and place.  Government authorities
then cancel both events, effectively thwarting the opposition's
right to free public assembly.

The Government and the opposition in October entered into a
political dialog in which one agenda item was agreement on a
code of conduct that would address issues such as public
assemblies.  The dialog failed when the opposition refused to
compromise on its demand for a caretaker government to
supervise the next national elections.

     c.  Freedom of Religion

Approximately 90 percent of Bangladesh's 122 million people are
Muslim.  The Constitution establishes Islam as the state
religion but also stipulates the right to practice the religion
of one's choice.  However, some members of the Hindu,
Christian, and Buddhist minorities believe the establishment of
Islam has led to hostility toward them and increased religious
tension (see Section 5).

The law permits citizens to proselytize.  However, strong
social resistance to conversion from Islam means that much of
the non-Muslim missionary effort is aimed at Hindus and tribal
groups.  The Government allows various religions to establish
places of worship, train clergy, travel for religious purposes,
and maintain links with coreligionists abroad.  Foreign
missionaries may work in Bangladesh, but their right to
proselytize is not protected by the Constitution.  Some
missionaries have encountered difficulties in obtaining
residence permits or reentry visas from the Government.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Except for certain areas within the CHT, citizens are able to
move freely within the country.  Travel by foreigners is also
restricted in the CHT and some other border areas.
Bangladeshis are generally free to travel abroad and emigrate.
In some instances the Government prohibits persons considered
to be security risks from traveling abroad.  The right of
repatriation is observed.

Approximately 250,000 Rohingyas (Muslims from Burma's Arakan
province) crossed into southeastern Bangladesh in late 1991 and
early 1992, fleeing Burmese repression.  Approximately 120,000
Rohingyas remain in 17 camps in the area of Cox's Bazar.  Camp
security officials subjected refugees in the camps to
intimidation and physical abuse in attempts to coerce the
Rohingyas to return to Burma.  The Government took substantial
steps to curb these abuses in mid-1994 at the urging of the
United Nations High Commissioner for Refugees (UNHCR) and some
foreign governments.  Efforts to repatriate the refugees gained
momentum due to a new willingness of the Burma Government
during the second half of 1994 to accept the refugees.  In
November alone, almost 20,000 refugees were repatriated and the
UNHCR indicated it hopes to continue to repatriate about 5,000
refugees per week.

There are about 238,000 non-Bengali Muslims, known as Biharis,
who remain in Bangladesh pending resettlement to Pakistan  (see
Pakistan report).

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Bangladesh is a multiparty, parliamentary democracy in which
elections by secret ballot are held on the basis of universal
suffrage.  Members of Parliament are elected at least every 5
years.  The Parliament has 300 elected members, with 30
additional seats reserved for women who are chosen by
Parliament.  Women are free to contest any seat in Parliament,
and some were elected in their own right in the last national
election, so there are more than 30 women members.  While seats
are not specifically reserved for them, other minority groups,
such as tribal peoples, are represented in the legislature.  In
the current Parliament there are 12 members from minority
groups out of a total of 330.

The last national elections were held in 1991 after the fall of
the government of H.R. Ershad.  The BNP won a plurality of
seats.  It cooperated with the Jamaat-i-Islami party to elect
enough women legislators to give the BNP a slim majority and
enable it to form a government.  The opposition is led by
Sheikh Hasina Wajed and her Awami League party.  While there
are a large number of minor parties, the most significant
opposition parties are the Awami League, the Jatiyo Party
(former President Ershad's party), and the Jamaat-i-Islami, the
major Islamic political party which holds 20 seats.

The Awami League and other opposition groups charged the BNP
with intimidation and vote-rigging in a parliamentary
by-election in the district of Magura, which the BNP won.  They
began a boycott of Parliament and have tried, thus far
unsuccessfully, to force the Government to resign in favor of a
caretaker government, which would oversee new elections.  The
opposition Members of Parliament resigned en masse on December
28.