Tuesday, November 20, 2012

14 Aug 2012: Quasem Ali applications

After passing the orders relating to Sayedee, the tribunal then heard two applications relating to Mir Quasem Ali - one for direction to the jail authority to take him to Birdem hospital and the other for transport in suitable vehicles.

Application for BIRDEM treatment 
It was argued that the accused is a long term diabetic patient requiring regular medical assessments to ensure that his blood sugar level is kept under control and that he is also suffering from high blood pressure. He has recently undergone surgical operation in his knee and the applicant also suffers from a chronic oral condition which necessitates regular 'Dental Scaling' every three months. Although there is a a dentist in Central Jail but there is no equipment for performing this procedure, and the dentist refuses to refer him to an outside dentist. An application by the son on 11 August 2011 to the jail authority has not been successful

The prosecutor Zead Al Malum said that dental scaling was not a disease. He said that the prosecutor has never opposed any application for medical treatment for those accused. He however said that he noted that the defense referred to the hospital BIRDEM 6 times and they seem to want to pass their leisure hours in BIRDEM under the guise of Dental Scaling treatment. There is no proof that the application of 11.08.12 was received by the jail authority and he should apply to the Jail Authority first

The defense lawyer said that it was not correct that that his client did not approach the Jail Authority first. The prosecutor has admitted that dental scalling for a diabetic patient is risky. BIRDEM is specialised for diabetic patients. This is why we are asking for BIRDEM.

Application for transportaion in health friendly vehicle
The defense argued that this application was about transportation of the Accused in suitable motor vehicles or ambulances. He said that the applicant was not well and has been transported by the jail authority from jail to the Tribunal in prison vans which are not only poorly maintained but also completely unfit to be driven on the streets. The prison vans have no windows and the only scope of ventilation is through the narrow openings near the top of the van. It is stated that such openings have often caused the Applicant to be subjected to rain and dust whilst being transported from one place to another, thereby aggravating his medical conditions. Moreover due to lack of proper ventilation, the inside of the prison van becomes extremely hot causing the Applicant extreme suffering. Furthermore, in the absence of seat-belts in the prison vans, the Applicant is subjected to constant ‘jerking’ and ‘shaking’ in the cramped interior of the prison van whilst being transported from one place to another. In some of the prison vans the seating is so cramped, that the Applicant has to sit side-ways which causes severe back pain. Due to the recent surgical operation in his knees it is very painful for the Applicant when he is transported by the Prison van. He said that on 11th August 2012 the Applicant’s son made an application to the jail authority for this but it has been refused

The prosecutor said that he opposed the application as the journey to court is not that far.

The chairman said that the defense should submit the medical documents, and then he would make an order

After this Eid Vaactions started, and the next tribunal hearing was due to happen on 26 August

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