Irwin Cotler's Editorial

JUSTICE: HUMANITARIAN RELIEF

Shouldn't Canada intervene? Ottawa must step in to save a former Bangladeshi diplomat facing U.S. extradition

IRWIN COTLER

MP for Mount Royal and Opposition critic for human rights Mohuiddin (Din) Ahmed is not a household name, but his case is becoming a cause célèbre on both sides of the Canadian-U.S. border. The former Bangladesh diplomat is in imminent danger of being deported from the United States to Bangladesh, where he is likely to be executed for a prior wrongful conviction in absentia, a politically motivated hearing utterly devoid of the fundamental right to a fair trial.

An urgent Canadian intervention could stay the deportation and save his life. His immediate family, including Canadian relatives, have appealed to Ottawa for just such humanitarian relief.

Mr. Ahmed's situation has its roots in a 1975 coup that claimed the lives of Bangladeshi prime minister Sheikh Mujibur Rahman and his family. A military officer at the time, Mr. Ahmed was stationed at a roadblock 1½ kilometres from the prime minister's residence the night of the coup, ignorant of the events transpiring inside, a fact corroborated by witnesses.
After leaving the military, Mr. Ahmed became a senior member of the diplomatic corps. In 1996, Mr. Rahman's daughter,

Sheik Hasina Wajed, became prime minister and ordered criminal prosecutions against anyone she suspected of involvement in the 1975 coup, including Mr. Ahmed. When he was ordered to return from his diplomatic posting abroad, Mr.
Ahmed knew his life was in danger. He fled with his wife and daughter to the United States, where his son was a university student.

Meanwhile, in Bangladesh, a politically motivated show trial began with Mr. Ahmed's court-appointed Bangladeshi counsel – allied with the Prime Minister – denying his client the fundamental rights to a fair trial. In particular, his lawyer:

• Never raised any defences, including factual innocence;
• Failed to conduct an investigation and identify exculpatory witnesses or evidence;
• Failed to contact Mr. Ahmed or his family to inquire about the charges, or to inquire about his whereabouts on the night of the coup;
• Waived cross-examination of most of the witnesses who testified against Mr. Ahmed;
• Failed to object to hearsay evidence and other prejudicial and unreliable testimony.

In short, the trial was a complete miscarriage of justice, culminating in a wrongful conviction. However, the question might well be asked: Why should Canada intervene? Should we not respect the decisions of the U.S. courts and immigration
process? Is this not a matter of U.S.-Bangladesh bilateral concern, rather than one of Canadian humanitarian relief?
In fact, there is a clear connection to this case that warrants Canadian intervention.

First, this is a humanitarian protection issue of the first order – a man's life is at stake. Canadian policy prohibits capital punishment or the transfer to a jurisdiction where it may take place. Canada should not be a bystander when
its intervention can make a difference.

Second, Mr. Ahmed has immediate family in Canada, including nieces in both Nova Scotia and Toronto. I met yesterday with his niece Jinat Jahan and his daughter Sabrina, who were in Ottawa to appeal for government officials
to intervene by allowing Mr. Ahmed's formal application for refugee status to proceed, or by providing immediate relief on humanitarian and compassionate grounds. The United States could be asked to stay its deportation order.

Third, Mr. Ahmed's plight arises from an initial wrongful conviction. That miscarriage of justice should not now be allowed to morph into a wrongful execution. The U.S. State Department observed in a 2006 report that Bangladesh's courts were “plagued by corruption … conditions [that] effectively prevented many persons from obtaining a fair trial due to witness
tampering, victim intimidation, and missing evidence.” Inexplicably, the State Department assessment that the U.S. Immigration Court used to deny asylum to Mr. Ahmed did not adhere to its own evaluation of the Bangladesh justice system, while ignoring the specific miscarriages of justice that culminated in this wrongful conviction.

Fourth, Canada has a partnership agreement with Bangladesh to assist in matters relating to the protection of the rule of law, the protection of the independence of the judiciary and due process in the criminal justice system. While justice minister, I met twice with my Bangladeshi counterpart to advance and oversee our engagement in the protection of the rule of law.

This understanding provides yet another rationale.There is no appeal from capital punishment. No wrongful conviction ending in death can ever be redeemed. Canada should act now to provide the necessary humanitarian relief, allow the ends of justice to be served and save this man's life.

Irwin Cotler is a former justice minister and attorney-general. He acts as counsel to the Ahmed family.