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Friday, February 1, 2008

[chottala.com] Hasina trial 'wholly without merit': Akhhavan

Hasina trial 'wholly without merit': Akhhavan
Fri, Feb 1st, 2008 1:33 pm BdST

Professor Payam Akhavan

Payam Akhavan
 

Payam Akhavan is internationally renowned in the area of human rights particularly in the international criminal law area. He has been involved in the prosecution of war criminals before the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court.


Dhaka, Feb 1 (bdnews24.com)—Shiekh Hasina's trial was "wholly without merit", while there was "pressure to get her convicted", her Canadian counsel Payam Akhavan said on Friday.

He urged the government to free Sheikh Hasina immediately as the Awami League president was not implicated by the plaintiff Azam J Chowdhury.

"I had reviewed the file of the Azam Chowdhury case and found the prosecution case to be wholly without merit," Akhavan told reporters at a press conference at Hotel Sonargaon prior to his departure from Dhaka ending his five-day visit to Bangladesh.

"There is pressure to get her convicted. There is no basis for keeping her confined. Sheikh Hasina must be immediately released", he said.

"I should note that my observation that this trial falls far short of human rights standards is by no means isolated or unprecedented".

He said if there was no interference in the judicial process, Sheikh Hasina should be freed tomorrow.

"I come with no political agenda beyond asking that her rights to a fair trial and fundamental freedoms be respected in accordance both with the constitution of Bangladesh and its obligation under the United Nations human rights covenants to which it is a signatory," he said.

Terming the makeshift court trying Sheikh Hasina a "semi-camera court", Akhavan asked the government to allow public access to the trial.

"This is a semi-camera court in the sense that a few people were allowed to witness the trial. Even the court was smaller. Hundreds of people, who were barred by the police, have the right to witness the trial," said the Canadian lawyer.

Payam Akhavan, a former lawyer of the International Court of Justice in The Hague, hoped that his client would get a fair trial.

"My optimism is conditional. I have deep regard for Bangladesh's judiciary which is the guardian of the rule of law," said Akhavan.

He said he would continue his legal fight to free Sheikh Hasina.

"I will spare no effort in utilising the procedure of the United Nations human rights system, to ensure that her fundamental human rights are respected in accordance with international law," the lawyer said, adding that a travesty of justice is not a precedent that would usher in a new era of transparency and accountability.

Canadian Payam Akhavan was appointed as international counsel for Sheikh Hasina in August last year. He came to Bangladesh at the invitation of the detained AL president's lawyers to assist in the legal battle.

Former prime minister Sheikh Hasina was arrested on July 16 last year.

She was later shown arrested in a Tk 3 crore extortion case filed by businessmen Azam J Chowdhury against Hasina and Selim.

Chowdhury alleged that Sheikh Selim collected the money from him in the name of Sheikh Hasina to accelerate a government contract on construction of a power project implemented by a Russian company of which Chowdhury was the local agent.

However, the plaintiff Chowdhury testified in the special court on Jan 30 that he had filed only against Sheikh Selim for extortion, and knew no others involved in the case
 
Q & A - Payam Akhavan

International Human Rights Law – From Rhetoric to Reality

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