The New Nation - Internet Edition

It is most unusual for a criminal lawyer to argue the case out of court and hold a press conference for making political statements. But this is exactly what Canadian lawyer Prof. Payam Akhavan, who has reportedly been appointed Counsel for Sheikh Hasina by her family did when he addressed a press conference at a posh hotel in Dhaka city on Tuesday.

The fact that he is not a practicing lawyer explains a lot about his conduct at the press conference. It is suggested that he is also a human rights activist. It is also most unusual for practicing lawyers seeking help from non-practicing law academics.

Prof Payam said the charges brought against Sheikh Hasina were 'politically motivated' and intended to throw her out of politics and the next parliamentary election. 'It is not for the caretaker government or the international community to decide who will be the leaders of this country. It is the people who will decide their leadership, and it is the democracy,' he said. There is no alternative to establishing democracy in the country but it (democracy) has now been confined to jail, Payam remarked.

He complained that 'manipulation of judicial system' in Bangladesh is a great concern. The due process of law has not been followed in trying Hasina and this could hinder establishing democracy. Prof Payam Akhavan said he would try to bring to UN notice the legal and human rights situation in Bangladesh.

Prof. Payam Akhavan has made statements like a political activist, and has sought to see Sheikh Hasina in jail. The Inspector General of Prisons has said to newsmen that the jail code is against giving a foreign lawyer access to a detainee in jail. Only a foreign prisoner could be seen by a foreign lawyer, at the instance of a relevant foreign diplomatic mission, provided the government opts to allow this, the IG (Prison) said.

Sheikh Hasina's Counsel, Barrister Shafique Ahmed told newsmen that the Canadian lawyer would not participate in the hearing of the case involving charges of extortion made by businessman Azam J Chowdhury. Prof. Payam Akhavan's activities, it may be noted, would remain restricted to offering advice to Sheikh Hasina's lawyers.

The law point so far made by Prof. Payam Akhavan remains confined to his assertion that the extortion case is not maintainable since it is based on a single witness. But any good practicing lawyer will not agree with him. One single witness if believable is enough for a conviction. Whether Sheikh Hasina will be found guilty is not for us to comment one way or the other. What he has said besides this at the news conference is all political and not related to law or evidence.

Even as professor of law Mr Akhavan, definitely knows that even his home country would not allow political statements by a foreign lawyer. He told reporters that apart from his acting as an adviser to Sheikh Hasina's lawyers in the case, he would also observe as to whether any human rights have been violated. He might not know there are many human rights NGOs to oversee human rights.

Prof. Payam Akhavan has expressed his intention to speak to reporters again on Friday before leaving Dhaka. What he has said about elections and the authority of the caretaker government to hold trial of Sheikh Hasina are his opinions which are political. By making controversial political statements Prof Payam has abused his position as a lawyer. He has done a disservice to his client by being political.