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C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 001986 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 12/31/2017 
TAGS: PHUM PGOV KGOV KDEM BG
SUBJECT: CORRUPTION TRIAL AGAINST SHEIKH HASINA CONTINUES 
 
REF: DHAKA 1234 
 
Classified By: Charge d'Affaires a.i. Geeta Pasi; reasons 1.4 (b) and ( 
d) 
 
¶1. (U) SUMMARY. The corruption trial of former prime minister 
Sheikh Hasina of the Awami League recommenced with hearings 
on the framing of charges, when the prosecution presented its 
evidence for defense examination.  Sheikh Hasina used her 
courtroom appearance to pass a public message through her 
lawyers condemning the proceedings yet again as a contrived 
plot to remove her from the political scene.  END SUMMARY. 
 
AFTER MUCH WRANGLING, TRIAL MOVING FORWARD 
========================================== 
 
¶2. (U) On December 26, the trial of Awami League president 
and former prime minister Sheikh Hasina reconvened at the 
special court facilities on the grounds of Parliament.  Judge 
Md Azizul Haque of the Dhaka Metropolitan Sessions, who is 
presiding over the case, resumed hearing to accept the 
charges -- in Bangladesh, the "framing of charges" -- against 
Hasina, her cousin Sheikh Fazlul Karim Selim, and her sister 
Sheikh Rehana. (NOTE: Rehana, resident in London, is being 
tried in absentia. END NOTE.) 
 
¶3. (U) The framing of charges was delayed because Hasina's 
lawyers challenged the government's decision to relocate the 
proceedings from the Dhaka Metropolitan Sessions Court to a 
special facility on the grounds of Parliament, reportedly for 
security reasons.  The Supreme Court Appellate Branch 
December 13 upheld the change of venue, clearing the way for 
the trial to commence. 
 
¶4. (U) During the December 26 hearing, the chief prosecutor 
accused the three defendents of three charges, including 
extorting 29 million taka ($425,000) from a local businessman 
whose company was bidding to construct a power plant in 2001, 
during Hasina's term as prime minister.  When court 
reconvened on December 31, the prosecution presented 
evidence, including seized cabinet committee notes and other 
documents, for defense review. During the December 31 
hearing, Sheikh Hasina became ill and was taken back to her 
special jail on the Parliament grounds to recover.  The 
hearing continued without her. The media reported she was 
suffering from a fever. 
 
HASINA AGAIN CLAIMS TRIAL IS BIASED 
=================================== 
 
¶5. (U) Through her lawyers, Sheikh Hasina once again claimed 
she was innocent and condemned the proceedings as a way to 
stop her from taking part in national elections scheduled for 
late 2008.  "I know the case is already decided," she said 
through her lawyers.  "It will be of no use making arguments 
and counter-arguments in this case."  She further claimed the 
government was prosecuting Rehana to prevent her from taking 
the reins of the Awami League should Hasina be convicted. 
 
AWAMI LEAGUE INTERIM LEADERSHIP ALSO CONCERNED 
============================================= = 
 
¶6. (C) Awami League Acting Secretary General Syed Ashraf told 
us the party has not yet decided on a course of action if 
Hasina is convicted, but said the change of venue and other 
government actions left them concerned about the fairness of 
the proceedings. "There was no reason to move the trial if 
they have nothing to hide," he said. "Not letting observers 
see the trial makes it look like they are afraid of a free 
and open trial." He said if the trial was perceived to be 
rigged, the party would have to consider its options. 
 
COMMENT: TRIAL SHOULD MOVE FORWARD QUICKLY IN 2008 
============================================= ===== 
 
¶7. (C) With most procedural obstacles now removed, Hasina's 
trial should move more quickly in early 2008.  According to 
the Emergency Power Rules under which the trial is being 
prosecuted, the court has 45 days (plus an additional 15 if 
needed) to hear the case after the framing of charges.  The 
media is rife once again with speculation that Awami League 
 
DHAKA 00001986  002 OF 002 
 
 
and its principal rival, the Bangladesh Nationalist Party 
(BNP), are preparing to take to the streets early in the new 
year -- perhaps after Hasina's trial -- to agitate for the 
release of their respective leaders. We do not believe that 
street protests are likely in the short term.  Both Awami 
League and BNP leaders have told us in private that they do 
not want to provoke an open confrontation with the army at 
this time.  They want to keep their options open, including 
the possibility of participation in elections later this 
year.  The embassy has sent a diplomatic note to the Ministry 
for Foreign Affairs requesting permission to observe the 
trial, because it is taking place in a special venue which 
requires special access.  We will continue to monitor the 
trial closely in the coming weeks and to emphasize the 
importance of adhering to due process in the conduct of these 
high-profile corruption cases. 
Pasi