TNAG-0559-FCO40-654-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-into-othe-1975 — Page 164

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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There have been political show trials in Indonesia, the Philippines and in the Republic of Korea.

Bangladesh

Following increasing civil disturbances, combined with an economic crisis aggravated by extensive flooding this summer, the government imposed a number of extreme measures during the past year. On 23 July 1974, the government introduced the death penalty for persons found guilty of specific crimes before special tribunals. On 28 December 1974, a state of emergency was declared and approved by Parliament, and this was followed by presidential rule one month later.

Until then, Bangladesh had been the only country in the sub-continent not under emergency rule. But the December 1974 declaration suspended the enforcement of all fundamental constitutional rights and introduced provisions for indefinite detention without trial on very wide grounds, without facilities for bail or review by an advisory board that existed under previous legislation.

The Fourth Constitutional Amendment of 25 January 1975 established the presidential form of government, but at the same time introduced serious curbs on the independence of the judiciary. Although habeas corpus petitions can still technically be made, Supreme Court powers to act upon them have in practice been seriously limited. On 24 February 1975 the formation of the only national party, the Bangladesh Krishak-Sramik Awami League (Baksal), was announced, and all other political parties were proscribed.

According to reliable reports, 2,000 persons have been arrested under the new emergency powers. They include the well-known civil rights lawyer Moudud Ahmed, who had defended Sheikh Mujibur Rahman (now President of Bangladesh) in the Agartalla Conspiracy case in 1968. He was, however, released early in March.

Amnesty International Secretary General Martin Ennals discussed the recent constitutional changes, and the state of emergency with the President Mujibur Rahman and the Ministers of Law and Foreign Affairs during his visit to Dacca from 25-28 March 1975. While expressing his concern about the wide powers of arrest and detention recently assumed, Mr Ennals urged that prisoners arrested under preventive detention legislation should be brought to trial at the earliest opportunity.

In this context, he raised the cases of four members of the Jatiya Samajtantric Dal (JSD) who were arrested on 17 March 1974 and are still held without trial in Dacca Central Jail. Their cases are presently being investigated by AI

groups. Mr Ennals also discussed the serious curbs on fundamental rights, and discussed the position regarding the Biharis in Bangladesh and their prospects for leaving the country.

Mr Ennals asked the Law Minister about the existence of rules of conduct governing the conduct of the Rakkhi Bahini, a para-military force largely responsible for law and order and political arrests. The Secretary General said that a number of allegations of brutality and reports of persons disappearing after arrests by the Rakkhi Bahini had reached AI. The Supreme Court of Bangladesh, in its judgement of the Shahjehan case, had seriously criticized the conduct of

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