It expresses concern over her health

Guarantee fair trial rights to Khaleda Zia, Amnesty to govt

Guarantee fair trial rights to Khaleda Zia, Amnesty to govt

Amnesty International has expressed concern about the health condition of former prime minister Khaleda Zia and urged Bangladesh government to ensure that she is treated in accordance with the UN Standard Minimum Rules on the Treatment of Prisoners.

“Amnesty International is therefore urging Bangladeshi authorities to allow Begum Khaleda Zia access to the specialized health care she requires and ensure her fair trial rights are fully respected,” it said issuing a statement.

Citing various media reports, the international human rights organization said Khaleda’s personal doctors advised her specialized treatment for severe arthritis problem at a private hospital where she used to undergo treatment before her detention.

“…However, despite repeated requests from Khaleda Zia and her family to the authorities, to allow her to receive specialized treatment at a private hospital as per the recommendation from her personal doctors, the government has declined,” the statement said.

It said this is inconsistent with the provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners (UN Standard Minimum Rules, also known as Nelson Mandela Rules), which stipulates that: “Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals.”

In the statement, it mentioned that Khaleda Zia’s family members told Amnesty International that the government had refused to disclose her official medical reports to them.

This is deeply concerning and also inconsistent with the UN Standard Minimum Rules, which provides that: “the health-care service shall prepare and maintain accurate, up-to-date and confidential individual medical files on all prisoners, and all prisoners should be granted access to their files upon request. A prisoner may appoint a third party to access his or her medical file.”

It also said, according to Rule 24 of the UN Standard Minimum Rules the “provision of health care for prisoners is a State responsibility” and that prisoners “should enjoy the same standards of health care that are available in the community” and without discrimination.

Khaleda Zia is facing a total of 36 cases filed on various grounds -- five corruption-related, 16 concern arson and bomb-attacks, four for defamation, three for murder, two concerning ‘defamatory statements’, two on sedition charges and four on other charges, the right organization said adding that four of the total cases were filed during the 2007-08 military-backed caretaker government and 32 cases were filed subsequently under the current administration.

It also said some charges against her are not consistent with international law and standards – such as hurting religious sentiments, making “defamatory statement” on Bangabandhu Sheikh Mujibur Rahman, celebrating Khaleda Zia’s ‘fake’ birthday, undermining national flag, and for commenting on the number of liberation war martyrs.

The rights organization said Khaleda has secured bail in the 34 cases that have yet to proceed to the trial stage. “There are concerns regarding infringements of Khaleda Zia’s right to a fair hearing. For instance, a High Court division bench granted bail in the Charitable Trust case on 12 March 2018, taking into consideration the severity of the sentence, her age and medical condition. However, the bail order was hastily stayed by the Appellate Division of the Bangladesh Supreme Court, led by the Chief Justice, on 14 March 2018 without hearing the defendant’s lawyers and by only allowing the prosecution to present their case.”

Khaleda Zia’s counsel declared such a step unprecedented, it said.

According to international law, where a defence lawyer is excluded from a hearing where the prosecutor is present, this is in violation of the principle of “equality of arms” between the accused and the prosecution in the context of the adversarial proceedings, it said.