The New Nation - Internet Edition

Health threat from bird flu again

THE threat of bird flu menaced Bangladesh in 2007 and the greater part of 2008. The contagion was considered under control only in recent months and after heavy losses from consumers' rejection and forced culling, the poultry industry here started showing signs of recovery. But bad news is again on the horizon from the reported outbreak of the disease in Indian states close to Bangladesh. With H5n1virus again ravaging the poultry population in the Indian neighbouring states, there are strong reasons for Bangladesh to fear reentry of the virus and afflicting its poultry industry.

According to reports, bird flu has been detected in thousands of dead chickens in the Indian state of West Bengal and 300,000 chickens and ducks culled in Assam. The danger stems from the fact that notwithstanding monitoring by security forces at the borders, chickens and eggs still find their ways into the country through the long and porous borders. Thus, vigil by BDR and other security forces need to be raised to the highest level to block such infected agents from passing into Bangladesh. Side by side, the people should be warned through the mass media to be vigilant.

The ominous news published in this paper on Thursday is that some 100 people in Assam have been hospitalised with fever and respiratory problems. They are suspected to have contracted bid flu. This is very alarming since all countries have been trying with a great deal of success to prevent the mutation of the disease from birds to humans. Millions of humans could die rapidly if the mutated form of the virus spreads among them which is possible in a densely populated country. Thus, Bangladesh has to be extremely efficient in checking the resurfacing of bird flu.

Completing circular waterway

THERE was much enthusiasm for the circular waterway project when it was inaugurated two years ago. The first phase of it was completed at a cost of Taka 36 crore and work was done on 29.50 km of the river routes. But works on its second phase, covering 40 km of waterways at a cost of Taka 103 crore, was brought to a close from the ECNEC refusing to approve it. For all practical purposes, the circular waterway project has been abandoned. It would likely add to the number of promising but aborted projects which are many in number. The decision is causing loss on two counts. First, the amount of money spent already can turn into a waste of precious resources. The inability to fully implement the project will mean that a very large number of people who could surely benefit can no more expect the same.

Inadequacy of mass transportation is a very big problem faced by the residents of Dhaka city. All parts of the city face continuous traffic jams which will only get worse with the city's population growing further. Thus, creation of the circular waterway would mean relief for the city's commuters. But this prospect stands frustrated. One will only hope that residents of Dhaka will create a clamour for a full revival of this vital project. Mass transportation problem in Dhaka city is turning from bad to worse and every effort needs to be made to contribute towards solving it on a sustainable basis. Thus, the promising circular waterway project needed to be only implemented in time and it deserves a fresh appraisal for follow-up actions taken expeditiously to restart work with a view to completing it at an early date.

Witness plays vital role in dispensing rule of law

K.M. Mukta

Victim and witness protection is condition precedent for fair trial. Witnesses are often intimidated by people or parties whose interests are being threatened. Witness protection program and witness protection laws are simply the need of the hour. To ensure fair trial and the administration of justice is the obligation of the country, under international (ICCPR article 14) as well as domestic law. Victim and witness protection is essential to fair trial. It therefore follows that states are obliged to provide such protection. When their time for deposing or the giving of evidence comes, the lawyers examine and cross examine them as if they themselves are the perpetrators of the crime. Many times the wretched witness has to flee from the normal life as his life, family and property become jeopardized.

Witness is a person who testifies under oath in a court of law. Witness protection is protection of a threatened witness, before, during and after a trial, usually by police and other state machineries. While a witness may only require protection until the conclusion of a trial, some witnesses are provided with new identity and may live out the rest of their lives under government protection.

Witness protection is provided only for witnesses whose testimony is determined to be essential to the successful prosecution of a criminal case and in which the witness's life or the life of his family is at risk.

Witness protection is usually required in trials against crime and other sensational cases where law enforcement sees a risk for witnesses to be intimidated by colleagues of defendants or any segment. It is also used at war crime trials. But it should be noted that witness protection might be essential in cases wherever the witness's life and security is at stake.

To depose in the court to find out the fact is a civic responsibility but, of course, it should not be in exchange of one's right to life. To establish and uphold rule of law, witness protection measures have unparallel and distinctive role. Through dynamic and fruitful witness protection matrix the alleviation of scar of lowest conviction rate, free, fair and spontaneous deposition of the witnesses could be ensured. To demolish muscle man's undue influence, black money's arrogance, hooliganism of vested group in administration of justice, the mechanism of witness protection should be taken on priority based. To secure life and property of the witnesses, state should take sufficient measures through legal, financial, rehabilitative or any other mood. Humanly, it is not possible to become indifferent towards life threatening fear and depose in court culminated in negation of justice to the commonalty which is a constitutional promise and nourished dream of independence. Wisdom and legitimate expectation would not support that one would not be able to tell the truth to co-operate court for justice due to the fear of frustrating the entity as it goes against the opponent.

Lack of Witness protection maneuver, we discover the jeopardization of witnesses' invaluable life and property. The concerned and vital witnesses do not appeared court to depose resulted in the lowest conviction rate. All victims of crimes are also witnesses. In fact, as eyewitness to the incident, they are the most important witnesses to the case; some cases are not able to be proved without eyewitness testimony.

Not all witnesses however, are victims; they may be bystanders or relatives of victims. They can however, become victims of threat and intimidation for testifying in court. Witness protection is therefore an essential part of ensuring justice and fair trial. Today the witnesses are harassed a lot. Not only that the witness is bribed, threatened, abducted, even maimed or done away with. For all these reasons and many more, a person abhors from becoming a witness. The present judicial system has taken the witnesses completely for granted. Witnesses are summoned to the Court regardless of the fact that they have no money, or that they cannot leave their family, children, business etc. and appear before the Court.

On reaching the Court, some are told that the case has been adjourned and the respective lawyer politely gives them a further date for their next appearance.

In the matter of Swaran Singh v. State of Punjab, the Supreme Court observed,

"A witness has to visit the Court at his own cost, every time the case is differed for a different date. Nowadays it has become more or less fashionable to repeatedly adjourn a case. Eventually the witness is tired and gives up."

To ensure fair trial and the administration of justice is the obligation on Bangladesh under international (ICCPR article 14) as well as domestic law in a sporadic way as there is no specific legislation as such.

Furthermore, international law also obliges states to ensure that victims of human rights violations have recourse to effective remedies (ICCPR, article 2(3)). Remedies for any violation must include the prosecution and punishment of perpetrators, as well as suitable reparation for victims.

In seeking these remedies, victims and witnesses must not be intimidated or threatened. Other obligations under the ICCPR that hinge upon states having an effective witness protection programme include the right to life, freedom from torture and cruel, inhuman or degrading treatment of punishment, right to security of person and freedom of movement .

Unfortunately, witness protection is substantially a barren chapter in Bangladesh and begets murder, disappearance, declination of testifying, damaging property, etc. which is the surname of bowing head to injustice and might is right.

Witnesses and whistle blowers must be protected because they are key elements in providing evidence in court. Implementation of the rights guaranteed under international law requires effective legislation and competent authorities. There should be specific enactment in this regard. Other legislation needs to be amended and developed to complement the Witness Protection Act, such as the Criminal Procedure Code, Evidence Act, etc.

This must include more express provisions on the penalties for intimidating witnesses, and criminalizing acts that obstruct the course of justice.

Only enactment of law is not enough, the public needs to know about witness protection in general. If the Witness Protection legislation is enacted, it will become an important source of protection for people intending to expose a variety of criminal activities. There should be Witness Protection legislation defining key words clearly. The witness protection office should be given managerial and administrative power over witness protection with necessary logistic support. Legal and medical professionals should also be trained on witness protection. Very often the first persons to have contact with victims and witnesses in need of protection are public prosecutors and other lawyers, or doctors and other medical staff. There should be special efforts to inform these persons on witness protection, and incorporate them into relevant procedures.

A doctor treating a person who has allegedly suffered torture, or a public prosecutor who has been assigned to their case should know to contact the Witness Protection Office without delay, and make arrangements for staff from the office to visit the person immediately. Lawyers should be able to explain to a client about witness protection and advise whether or not the client should request it. Judges should be taught to identify cases of possible torture or intimidation and be given explicit powers to take additional steps to protect the rights and interests of the accused, including by ordering independent physical and psychological examinations before a defendant is released on bail or detained to await trial. Professional associations such as the Bar Council can play an important role in advancing knowledge of witness protection among their members.

In one such instance, the Delhi High Court, has on 14th October 2003, issued certain guidelines to the police in providing protection to the witnesses in cases pertaining to life imprisonment or death sentences. The ruling is an attempt to check witnesses from turning hostile under threats from the accused. The Delhi High Court has given the following guidelines in giving witness protection:

'The Court has also made it compulsory for the investigating officer of a case to inform the witness about the new guidelines. The Court has appointed the Member Secretary of the Delhi Legal Services Authority to decide whether a witness requires police protection or not. The competent authority shall take into account the nature of security risk to him/her from the accused, while granting permission to protect the witness. Once the permission is granted, it shall be the duty of the Commissioner of Police to give protection to the witness.' The High Court said that its order would operate until legislation is passed in this regard.

Therefore, a person who has given or has agreed to give information or evidence or participates or has agreed to give information or evidence or participates or has agreed to participate in a matter pertaining to inquiry into the investigation or prosecution of an offence and who may require protection because of the risk to the security of the person arising in relation to the inquiry, investigation or prosecution be given witness protection by the police.

These may include relocation, accommodation, and change of identity in order to ensure the security of the protectee or to facilitate the protectee's re-establishment or his/her becoming self-sufficient.

Protecting witnesses is a duty of the state. This is a fundamental and globally-established principle. Where the state declines to protect witnesses, it denies justice to society.

The state must find the people, money and means to do this. Witness protection regimes and programmes in Canada, Switzerland, Republic of China, New Zealand, etc. might be the model in this regard for Bangladesh. Go, NGO and all stakeholders should come forward in this regard setting aside traditional lackadaisical ness.

Gaza: The untold story

Ramzy Baroud

It's incomprehensible that a region such as the Gaza Strip, so rich with history, so saturated with defiance, can be reduced to a few blurbs, sound bites and reductionist assumptions, convenient but deceptive, vacant of any relevant meaning, or even true analytical value.

The fact is that there is more to the Gaza Strip than 1.5 million hungry Palestinians, who are supposedly paying the price for Hamas's militancy, or Israel's 'collective punishment', which ever way the media decide to brand the problem.

More importantly, Gaza's existence since time immemorial must not be juxtaposed by its proximity to Israel, failure or success in 'providing' a tiny Israeli town - itself built on conquered land that was seen only 60 years ago as part of the Gaza Province - with its need for security. It's this very expectation that made the killing and wounding of thousands of Palestinians in Gaza a price worth paying, in the callous eyes of many.

These unrealistic expectations and disregard of important history will continue to be costly, and will only serve the purpose of those interested in swift generalizations. Yes, Gaza might be economically dead, but its current struggles and tribulations are consistent with a legacy of conquerors, colonialism and foreign occupations, and more, its peoples collective triumph in rising above the tyranny of those invaders.

In relatively recent history, Gaza became a recurring story following the 1948 influx of refugees, who were driven from their homes by Zionist militias or fled for their families' sake, hoping to return once Palestine was recovered. They settled in Gaza, subsisting in absolute poverty, a situation that continues, more or less, to this day.

The history of Gaza, and the place itself was largely irrelevant, if not revolting from the point of view of the refugees who poured into the Strip mostly from the south of Palestine, for it represented the pinnacle of their loss, humiliation and, at times, despair.

It mattered little to the peasant refugees as they fled to Gaza that that they probably walked on the same ancient road that ran along the Palestinian coast when Gaza was once the last metropolis for travelers to Egypt, just before they embarked on an unforgiving desert journey through Sinai. So what if Gaza was described as the city, as told in the Book of Judges, where Samson performed his famous deed and perished.

Christianity was relevant to the refugees insofar as a few of Gaza's ancient churches provided shelter to the tired bodies escaping snipers, bullets and massacres.

Even the strong belief amongst Muslims that Prophet Mohammed's great-grandfather, Hashem, died on one of his journeys from Mecca to the Lavent and was buried in Gaza, was largely sentimental.

His shrine in Gaza City was visited by numerous refugees, who kneeled and prayed to God that they, some day soon, would be sent back to their humble existence, and their ways of life from which they have been forcefully estranged.

But Gaza's history became more relevant to the refugees when it appeared that their temporary journey to the Strip was likely to be extended. Only then the areas' many stories of conquerors, tragedies, triumphs but also sheer goodness, became of essence.

A pilgrim to the Holy Land, who passed through Gaza in 570 AD, wrote in Latin, "Gaza is a splendid city, full of pleasant things; the men in it are most honest, distinguished by every generosity, and warm to friends and visitors."

Gaza's history became even more relevant when the refugees realized that their violent encounters with Israel were not yet over, and that they needed the moral tenacity to survive what would eventually be viewed as one of most severe humanitarian catastrophes in recent memory. And indeed, there was much history to marvel upon, and from which to extract strength and substantiation.

Conquerors came and went, and Gaza stood where it still stands today. This was the recurring lesson for generations, even millennia. Ancient Egyptians came and went, as did the Hyksos, the Assyrians, the Persians, the Greeks, the Romans, the Ottomans, the British, and now the Israelis. And through it all, Gaza stood strong and defiant. Neither Alexander the Great's bloody conquest of 332 BC, nor Alexander Janneus's brutal attack of 96 BC broke Gaza's spirit or took away from its eternal grandeur. It always rose again to reach a degree of civilianization unheard of, as it did in the 5th century AD.

It was in Gaza that the Crusaders surrounded their strategic control of the city to Saladin in 1170, only to open up yet another era of prosperity and growth, occasionally interrupted by conquerors and outsiders with colonial designs, but to no avail.

All the neglected ruins of past civilizations were only reminders that Gaza's enemies would never prevail, and would, at best, merely register their presence by another neglected structure of concrete and rocks.

Now Gaza is undergoing another phase of hardship and defiance. It's modern conquerors are as unpitying as its ancient ones. True, Gaza is ailing, but standing, it people resourceful and durable as ever, defiant as they have always been, and hell-bent on surviving, for that's what Gazans do best. And I should know, its my hometown.