Violation
of human rights is a common phenomenon in Bangladesh. People of this land are
harassed frequently by government agencies. However, citizens of this country
have certain fundamental rights guaranteed by the Constitution. In addition, a
National Human Rights Commission (NHRC) has already been constituted to monitor
human rights condition of the country under the National Human Rights
Commission Act, 2009. Now, every citizen can complain to the NHRC in case of
infringement of his/her human rights.
What are human rights: Human
rights are those minimum rights of a human being which are inalienable and without
those no one can alive as a human with dignity and integrity i.e. right to
life, freedom of speech, right to a fair trial, right to movement etc. Every
human of this universe have inherited all of these rights by born. These are
universal rights irrespective of any identity and these rights are all interrelated,
interdependent and indivisible.
However,
there is a distinction between crime and human rights violation. All crimes are
not human rights violation; a crime would be an infringement of human rights
when it happened by state mechanism or when state is being failed to prevent
such violation. Nonetheless, every state has obligation to honour, uphold and
fulfill human rights. Furthermore, an omission to prevent a crime may also be treated
as violation of human rights.
Who can file complaint:
Any person or organization can bring allegation regarding any violation of
human rights to the National Human Rights Commission. Hence every human is
entitled and have equal access to the NHRC irrespective of his/her race, sex,
gender, religion, ethnicity, place of birth, literacy, ability etc. Moreover,
NHRC has power to take action suo moto
against any such violation; even it can take allegation from a news of a news
media.
Against whom allegation may be brought:
Any person or organization may be liable for violation of human rights and a
complainant may bring accusation against him/them to the NHRC. In this regard
his/her designation, identity, cast, financial ability will not be barrier to
prosecute the violator. Mere involvement with the incident is sufficient to
file complaint. Even any Govt. post holder or any organization could be
responsible for infringement of human rights if s/he abets or provokes to the
violence. An aggrieved person can also file complaint against any employee of
the commission if he/she is connected with the incident.
Which complaint can be filed:
It may be related with right to life, liberty, equality, arbitrary arrest,
detention, whimsical decision of any Govt. authority, inhuman/degrading
treatment by the law enforcement agency, torture, abuse, enforced
disappearance, abduction, kidnap, harassment, extra judicial killing etc.
Even
you can file complain before the occurrence of real incident, mere apprehension
of infringement of a human right is sufficient to bring allegation. Sometimes
we see that police are reluctant to take case, rather they advice to file a
general diary. In that case if consequently any incident took place then the
police will be liable for such omission. Because they were willfully evade and
neglect the matter and were disinclined to prevent such occurrence.
Procedure to bring allegation:
A complainant can file complaint through application addressing the chairman of
the commission on prescribed from (available on its web site) or on white paper
and can submit through post or personally. Even s/he can take aid of facsimile/email
to complain.
In
that case s/he will receive a complain number after sending the complaint and
can use that number for further reference. Also the applicant would be able to
know about the status of his/her complaint by using that number.
In
the application, s/he need to write the name and address of the complainant;
name and address of the victim (if the person is different from the
complainant); reason to complain/reason to apprehend; nature of violation,
gravity of offence; date, time and place of occurrence; present condition of
the victim; name and address of the suspects (if identified); description of
the violators (if not identified); designation and office of the violator (in
case of govt. employee); any action taken by the law enforcement
agencies/govt.; proof of allegation (if any) etc.
There
is a selection committee in the NHRC to scrutiny the legal aspects of the
allegation within 24 hours. If it finds that the allegation is beyond their
jurisdiction then they will write the reason and contact with the complainant
within three days from the date of receiving the application. In that case they
also advice him/her about his/her required steps to get redress. Moreover, they
may assist you by providing essential legal supports and fess to conduct the
case.
Commission’s power to settle the
matter: National Human Rights Commission is a distinct
autonomous and independent state organization run by the money of the taxpayers
of the country and all services provided by this organization is fully free of
cost. The commission has power to summon and interrogate any person, take
evidence after oath, inspect any document and can conduct necessary inquiry.
Moreover
the commission can mediate the matter between the victim and the alleged
perpetrators. If the initiative is failed, then it can recommend to the concern
authority to lodge a case against the violator. In addition, it can recommend
to take such necessary steps to prevent these types of violation and to provide
compensation to the victim.
It
can fine the culprit or can recommend the govt. to take necessary action
against him/her. The government is bound to satisfy that recommendations under
the commission’s law. Further, the commission can visit prison, safe custody,
juvenile correction home, hospital, orphanage etc. and can recommend the govt.
to develop their human rights condition.
Points to remember: The
state has power to impose restriction upon the enjoyment of some human rights
in some certain circumstances by maintaining due process of law. However, that
step must ensure greater interest of the populace of the country and must be
corroborated by reasoned decision and bona fide intention. Nevertheless, the
Govt. has no power to limit some basic rights like: right to life in any excuse
or in any circumstance.
The
NHRC cannot take any matter in their authority in case of a matter pending
before a court of law. In addition, it cannot entertain any matter of a public
servant which is try able under the Administrative Tribunals Act, 1980. Under
the mentioned Act all civil servants will seek all of his/her service related
remedy to the Administrative Tribunal; otherwise if it is connected with human
rights issue, he/she may come to the NHRC.
One
may file the complaint without disclosing his/her identity and in that
circumstance the commission will keep the matter confidential. If you feel any
risk of security after lodging the complaint you can inform it to the
commission and commission will order the law enforcers to provide sufficient security.
As a citizen it should be borne in mind that right and duty is correlated with
each other. Hence, you have duty to respect other’s human rights when you enjoy
your rights.
The
office of the commission is situated at GulFeshan
plaza (11th floor), 8, Shohid Sangbadik Seleena Parvin Sorok, Mogbazar,
Dhaka-1217. You can fax or email your complaint to 88-02-8333219 and nhrc.bd@gmail.com or can call to lodge
complain or to get more information to 028331494 and can take more assistance from
its web site e.g. www.nhrc.org.bd.
