Denial of parole to Saddam a clear violation of human rights: ASK

Human rights organisation Ain o Salish Kendra (ASK) said that refusing parole to a detained student leader to attend the funeral of his wife and infant child amounted to a clear violation of Bangladesh’s Constitution and international human rights law.

In a statement on Sunday (January 25), ASK said Jewel Hasan Saddam, president of the Bagherhat Sadar upazila unit of the Bangladesh Chhatra League, was denied temporary release despite a family request following the deaths of his wife and nine-month-old child. Authorities reportedly allowed him to see the bodies briefly at the gate of Jashore Central Jail but did not permit him to attend the funeral or burial.

The statement, issued by ASK Chairperson and Supreme Court lawyer Z I Khan Panna, said the decision violated constitutional guarantees, including Article 27 on equality before the law, Article 31 on the right to legal protection, and Article 35(5), which prohibits cruel, inhuman, or degrading treatment.

ASK said that as an undertrial detainee, Saddam remains entitled to full constitutional protection. Denying parole during an exceptional humanitarian situation constituted degrading treatment, it added.

The organisation also cited the Home Ministry’s 2016 parole policy, which allows temporary parole for prisoners and detainees in the event of the death of close family members, including spouses and children.

ASK said administrative discretion under the policy cannot be exercised arbitrarily or without providing reasons.

Referring to international law, ASK said the incident contravened the International Covenant on Civil and Political Rights (ICCPR), particularly Article 7, which prohibits inhuman or degrading treatment, and Article 10(1), which requires humane treatment of all detainees.

ASK called for authorities to explain the legal basis for denying parole, warning that the lack of transparency raises concerns about arbitrariness and discrimination. It said the incident undermines constitutional and human rights standards and noted that the High Court may take suo motu notice of the matter.