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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 188
May 7, 2005

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Law News

Bangladesh and Myanmar exchange prisoners

Dr. Udatta Bikash

Bangladesh and Myanmar (formerly Burma) exchanged 192 prisoners on 27 April 2005. This was done following a flag meeting in the border town of Tekhnaf in Cox's Bazar between the Nasaka, Myanmar border security forces and Bangladesh Border Security force.

Bangladeshi authorities handed over 172 Myanmar prisoners to the Nasaka Officials while Myanmar authority handed over 20 Bangladeshi prisoners to the BDR. The Myanmar prisoners included one child and 3 women.

According to different sources including the Narinjara News, Bangladesh-based e-news service run by exiled Rakhine, about 572 Myanmarese prisoners have been languishing in different jails including Cox's Bazar, Chittagang, Bandarban and Comilla jails etc. Some are even in detention for years after serving the jail terms. According to press reports, the Myanmar authorities, in the first round of exchanges accepted only 172 released prisoners.

The fates of 400 remaining Burmese prisoners in Bangladeshi jails are unknown. Some even are not interested to go back to Myanmar fearing arrest, detention and persecution by the authority concerned.

It is learnt that there are 43 Bangladeshi prisoners in different jails in Myanmar. Out of them 20 are already handed over. Among them, 16 were fishermen who were arrested by Nasaka on 4 April 2005 and four were woodcutters.

On 12 March 2005, Myanmar and Bangladeshi authorities have agreed to exchange each other's prisoners. However, the Myanmar authorities continually postponed the date of exchange due to their doubt regarding the number of Myanmarese prisoners in Bangladesh. It is learnt that the Myanmar authorities used to interrogate Myanmarese prisoners released from Bangladeshi jails when they arrive back at their homeland, Narinjara News quoted a teacher from Maungdaw as saying. So, the fate of the handed over Myanmareses, may be few are totally at risk of being persecuted.

Considering the human rights record of Myanmar which is ruled by the military dictators over the years and where there is presence of gross human rights violations, the authorities in Bangladesh should be more cautious and responsible for the sake of human rights. There should a system of screening to verify those who really fear persecution in Myanmar and really are in need of international protection. Bangladesh government should take the assistance of the Office of the United Nations High Commissioner for Refugees (UNHCR). The national human rights organizations should also come forward in this regard. Unfortunately, generally these organizations are not interested to the plight of the unfortunate Myanmarese including the Rohingyas who fled the country due to gross discrimination against them and with a well-founded fear of persecution. According to official figure, the number of the remain Rohingya refugees are around 21,000. However, more than 200,000 of them have been staying in Bangladesh illegally and with out any status as estimated.

The author is human rights advocate.

 
 
 


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