What Ain o Shalish Kendra says about Saddam denied parole to attend funeral of wife, child
ASK notes that the precedent set by this incident conflicts with the principles of a constitutionally recognised, democratic, and human rights-based state
The Ain o Salish Kendra (ASK) has said denying parole to Bagerhat Chhatra League leader Jewel Hasan Saddam to attend the funeral of his wife and nine-month-old child was a clear violation of both the constitution and international human rights law.
In a statement issued today (25 January), the rights body highlighted that Article 27 of the constitution guarantees equality before the law and equal protection, while Article 31 ensures the right to legal protection.
It also noted that Article 35(5) prohibits cruel, inhuman, or degrading punishment or treatment. "As a prisoner under trial, Saddam is entitled to these constitutional safeguards," it said.
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ASK also referred to the Ministry of Home Affairs' parole policy, issued on 1 June 2016, which allows temporary release for prisoners and detainees of all categories in the event of the death of close relatives, including parents, parents-in-law, spouses, children, and siblings.
The rights body emphasised that these safeguards are reinforced under international law.
"Bangladesh is a party to the International Covenant on Civil and Political Rights, which prohibits cruel, inhuman, or degrading treatment under Article 7 and requires humane treatment of all persons deprived of liberty under Article 10(1)," the statement said.
Chhatra League leader gets 5 minutes to bid farewell to deceased wife, infant at Jashore jail gate
"Allowing a grieving detainee to see the bodies of his wife and child for only five minutes at the prison gate, while denying him the right to attend the funeral and burial, is incompatible with these constitutional and international provisions," ASK added.
The organisation stressed that citizens have the right to know under which law, regulation, or executive order "Saddam's parole was denied, despite the family's application." It said the rule of law requires transparency, clear reasons, and accountability.
ASK noted that the precedent set by this incident conflicts with the principles of a constitutionally recognised, democratic, and human rights-based state.
Calling for clear explanations and accountability, ASK added that there is scope for the High Court to take suo motu action in the matter.
Last evening (24 January), Saddam was not granted parole to attend the funeral despite the family submitting an application to the Bagerhat deputy commissioner's office. However, the Jashore prison authorities allowed six close relatives to accompany the bodies inside the jail on humanitarian grounds, citing jail rules.
The incident that sparked widespread discussion and condemnation on social media, with many netizens arguing he should have been granted parole.
What the home ministry says
The home ministry has clarified that no application was submitted for the parole release of prisoner Jewel Hasan Saddam following the death of his wife and child.
In a statement issued this afternoon, the ministry said neither Saddam's family nor any representative applied to the Jashore deputy commissioner and district magistrate or to the Jashore Central Jail authorities seeking his release on parole.
The ministry added that reports circulating in various media outlets and on social media claiming that such an application had been made are incorrect.
What Bagerhat DC, Jashore jailer say
Meanwhile, Bagerhat Deputy Commissioner Golam Md Baten said the parole application reached his official residence on Friday. Upon being informed, he consulted the local prison authorities, who clarified that Saddam is currently imprisoned outside Bagerhat district.
Under the Prison Act, 2016, a prisoner held outside the district concerned cannot be released on parole by local authorities, making such a release legally impermissible, he explained.
Abid Ahmed, jailer of Jashore Central Jail, said, "On humanitarian grounds, the family members were allowed to enter with the bodies, and Saddam was given five minutes to see his wife and child for the last time at the jail gate."
He explained that the authority to grant parole rests with the district commissioner and that a prisoner can only be released upon receipt of a formal letter from the district administration.
"They [the family] did not have such a letter," he added.
