Sayed Taufiq Ullah's profile

Human Rights in Bangladesh Perspectives.

If war necessary for peace?Lets start war!
s.T.ullaH
1.
Section 13(3) of the Actencompassed the jurisdiction of the civil court in respect of the informationcommission. The commission can issue summons to anyone to enforce theattendance of persons and also can compel to produce oral and written documentsor other things as required by the information seeker or the commission itself.

Moreover, it can examine and inspect the information provided to informationseeker or to the commission. The veracity of the information may be subject tothe inspection of the commission.

The commission can receive evidence on affidavit, bring any information fromany office, issue summons for witnesses or documents etc to give effect to theAct.

In addition to the above, the commission can take any steps as per rules forcarrying out the purpose of the Act. Therefore, the powers vested to it arewide considering the scope and jurisdiction of the commission.

The functions of the information commission were elaborated in section section13(5) of the Act. In this section, the commission has got a colossal of scopesto deliver for providing the right to information. In a nutshell, it can dowhatever need to ensure people’s right to know in the country.

However, formation of the commission is another area which should be free andfair and in a nonpartisan manner. To form an independent and effectiveinformation commission, the law prescribed for a selection committeeconstituting five members including a judge of the Appellate Division nominatedby the Chief Justice.

The cabinet secretary of the government is a member of that selectioncommittee. Another fine tuning of the Act is the inclusion of political leadersin the appointing procedure of the (Chief) information commissioners. As perthe Act, a member will be nominated from the ruling party and another from theopposition party in the parliament. Both of these party men will be nominationby the speaker of the parliament. The fifth member shall be from the professionof journalism having experience in this field.

Following the recommendations of the selection committee, the president shallappoint the chief information commission and other commission.

The post of CIC and other commissioners are equivalent to the post of the judgeof the supreme court of Bangladesh.

Secretarial role will be played by the information ministry which is adependency of the commission. To make the commission independent, it shouldhave its own secretariat.


However, there is a clear path of financial independence of the commissionwhich will be vested to the commission subject to law made in this regard.Financial independence is the major yardstick of an organization to evaluateits credibility.

All other procedures from seeking information to other issues related to rightto information are mentioned in the Act. Therefore, this act is a comprehensiveone towards acknowledgement of people’s right to information.

The commission has proved its upbeat stance for the protection and promotion ofthe right to information. It has been availing the telecom and ICT facilitiesto aware the people for their right to information. It is a proactive measuretaking by the commission. It has already developed a comprehensive websitewhich is up-to-date and rich. However there are some areas of improvement inthe site as well.

Of late, the High Court has upheld the verdict of the Information Commissionfining a government official to refuse to provide the information to anindividual. Against the decision of the commission that particular officerfiled a writ petition. But the HC has ruled that the officer is bound tofurnish information to anybody within 20 days or within 30 days in particularcases after filing of the application as per the RTI Act. This is anotherachievement for the commission considering the colonial mindset towardspeoples’ right.

So fast we can ensure the right to information, so even our path to democracywill be built.

2.Human Rights at FrontierViolation of human rights in theIndo-Bangla frontier areas is not a new trend which in many times has affectedthe bilateral relations between these two neighbors. Violation of every normwhich were to be followed in the border areas are challenged by the BSF.
Human rights of the people of theeastern front have been trampled down by the security forces of Indian borderand for long with impunity. Many international human rights watch bodies have criticizedthe security forces of the Indian side for their elongated malpracticethroughout the whole world’s fifth longest border.

It is unfortunate for us as we (Bangladesh and India) share the world’s bloodiest border asopined by international observer and human rights watch group around the world.However, we (Bangladesh) are smug enough to have a warm bilateralrelation between these two tested friends.

Very recently, a Bangladeshi was killed by the BSF in the Dinajpur district.Many such incidents can be cited where killing followed by torture and inhumantreatment to the detainees. The border force of Bangladesh has always protested those incidents andthe counterpart as usual has expressed their regret for those incidents aswell. And what is most unfortunate for us is the continuance of such incidents.
An article published on April 18last years depicted the sorrowful story of this border. It also said that thedeath toll between these two democracies dwarfed the number killed attemptingto cross the inner-German border during the cold war. According to Human RightsWatch, India’s border force has killed almost 1,000Bangladeshis over the past ten years. There exists always a tension through thefour thousand kilometers border areas.
More than one year has elapsed since we have lost Felani. But killing andtorture is still a reality. Almost all the international human rights watchbodies and even the people of India are for the neutral investigation of thoseincidents and are advocating to bring those perpetrators to justice. Both thegovernments should undertake a speedy, fair, and transparent criminalinvestigation into fresh allegations of killings, torture, and other abuses bythe Border Security Force (BSF) at the border with Bangladesh.

3.Human Rights Watch World Report: Bangladesh PerspectiveThe human rights world reportcriticized the government of Bangladesh for its failure to protect human rights ofthe people which is also a deviation from its significant parliamentary mandateby the election of 2008. Violation of human rights continues with impunity. Thereport criticized RAB for alleged extrajudicial killings. The governmentinstead of prosecuting members of the Rapid Action Battalion (RAB), who engagein extrajudicial killings, the home minister chose to deny that such violationsoccur, even in cases where internal ministry investigations found evidence ofwrongdoing. In addition to this, some other law enforcing agencies are beinginvolved in new form of torture, arbitrary arrest, and enforced disappearances.

The government in 2011 tightened controls over civil society organizations byprosecuting labor union leaders and delaying foreign grants to NGOs.

The report alleged that International Crimes (Tribunals) Act of 1973 is not performingits role duly. It claimed that the ICT still falls short of some internationalstandards. The definitions of war crimes, crimes against humanity, and genocidedid not conform to international standards and the government failed to amendthe law to ensure due process.

Violence against women and children are continuing unabated. Discriminationstill persists to them under personal law. Domestic violence is a threat to thewomen folk of the country. The laws and rules are not implemented properly.

The Bangladeshi government has failed to introduce minimum protection measuresfor the migrant workers abroad during training or recruitment. They areviolated in and are denied from their minimum human rights.

The report urges the government to carry out proper investigation and to upholdthe human right.

4.Right to Privacyand Delay in ‘Persona’ Investigation
When a customer accused Persona for setting CC camera inservice area of the beauty parlor, it rang alarm bell. Although setting CCcamera has become a common practice in superstore and big shops, there ishardly a piece of law regulating the process. As a result, threat to privacyremains a major concern. It is equally alarming that Persona firstly mistreatedthe complainant and later made every attempt to resist the process ofinvestigation. Though it has been state in the Article 27 of the constitution,“All citizens are equal before law and are entitled to equal protection oflaw”; influential quarters have helped Persona escaping justice so far.

An exclusive attempt made by banglanews24.comrevealed an unprecedented delay in completing the investigation process. Eventhough it was ordered to complete the investigation by 3 days, there is littlesign of submission of the investigation report even after 2 and half months.

Following the row over alleged breach of privacy, the High Court ordered theauthorities concerned of all beauty parlors across the country to uninstallclose-circuit (CC) cameras from their premises. An HC bench comprising JusticeFarid Ahmed and Justice Sheikh Hasan Arif passed the orders on a writ petitionfiled over the incident of taking video footage of a lady customer of PersonaBeauty Parlor.

Information Commission in UKis responsible for regulating capture of images for security purposes. There,all CCTV controllers are obliged to register with the Information Commissionerin order to make sure that they are operating in compliance with the provisionsof the Date Protection Act. In absence of a law and regulation, it is hard toregulate business operating high-tech instruments for security purposes in Bangladesh.

Moreover, consumers are frequently ignored in the country. When the incidenttook place and the complainant along with her husband wanted to examine thefootage, authority of the Persona refrained from cooperating complainant.Rather, they allegedly destroyed evidences related to the incident. AlthoughConsumer Rights Protection Act (CRPA) was enacted in order to protectconsumers, it offers little remedies for consumers.

To recapitulate, Constitution of the People’s Republic of Bangladeshsays in Article 31 that no action detrimental to the life, liberty, body,reputation or property of any person shall be taken except in accordance withlaw. Therefore, right to privacy needs to be taken seriously and offencesrelated to violation of privacy rights must be dealt promptly. Completing theinvestigation of Persona would help perpetrators bring to book.


5.12th Human RightsSummer School
The annual program of the Human Rights Summer School organized by TheEmpowerment through Law of the Common People (ELCOP) has begun from December 19 in the PROSHIKA centre of Koitta, Manikgonj.ELCOP has been organizing this program since 2000 which is unique and first ofits kind. Though this program was limited for the participants from thecountry, but presently, many students, researchers, professors, lawyers fromabroad are participating in this two weeklong program. Minister of Law, Justiceand Parliamentary Affairs Barrister Shafique Ahmed, Chairman of Law Commission,Professor Dr. Shah Alam, Chairman of National Human Rights Commission,Professor Dr. Mizanur Rahman, Chairman of University Grants Commission,Professor A.K. Azad Chowdhury and many other dignitaries are expected to gracethe workshop.


6.
Act of Torture and Legal RemedyIt was pleasing to see the news inthe banglanews24.comthat Dhaka Metropolitan Police (DMP) transferred two police officers for theiralleged involvement with torture following a High Court order. When a senioradvocate drew attention of the court regarding torture of the grandson of thefirst premier of Bangladesh, the High Court directed the IGP and DMPCommissioner to transfer the police officer within the investigation periodfollowing a suo-moto rule.
Incidents of torture occurfrequently in our country though all the incidents do not find a place in thenewspaper. This time, a bench of High Court has taken this matter seriouslywhen the learned lawyer brought the incident of alleged torture of Rakib Hasanbefore the court.
What are available remedies forvictims of torture?
Torture and cruel, inhuman, ordegrading punishment against detainees are employed, despite constitutionalguarantees against torture and Bangladesh`s ratification of the United NationsConvention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment.
The government failed toinvestigate the causes of numerous deaths in custody, and there was littleaction to hold accountable those responsible for the deaths and torture incustody as observed by Human Rights Watch, an international human rights watchbody.
HRW did not report in isolation.Amnesty International (AI) and other human rights organizations have reportedincidents to torture too.
Torture means any act by whichsevere pain or suffering, whether physical or mental, is intentionallyinflicted on a person for such purposes as obtaining from him or a third personinformation or a confession, punishing him for an act he or a third person hascommitted or is suspected of having committed, or intimidating or coercing himor a third person, or for any reason based on discrimination of any kind, whensuch pain or suffering is inflicted by or at the instigation of or with theconsent or acquiescence of a public official or other person acting in anofficial capacity. This definition of torture has been mentioned in theConvention Against Torture (CAT) and Bangladesh ratified the convention.
It has been illustrated in Article13 of CAT, “Each State Party shall ensure that any individual who alleges hehas been subjected to torture in any territory under its jurisdiction has theright to complain to, and to have his case promptly and impartially examinedby, its competent authorities. Steps shall be taken to ensure that thecomplainant and witnesses are protected against all ill-treatment orintimidation as a consequence of his complaint or any evidence given”.
CAT goes further in the laterarticle, “Each State Party shall ensure in its legal system that the victim ofan act of torture obtains redress and has an enforceable right to fair andadequate compensation, including the means for as full rehabilitation aspossible. In the event of the death of the victim as a result of an act oftorture, his dependants shall be entitled to compensation”.
Apart from the Constitution of thePeople`s Republic of Bangladesh, no other law mentions the term `torture`. Ithas been stated in Article 35 (5) of the constitution, “No person shall besubjected to torture or to cruel, inhuman, or degrading punishment ortreatment”. It is true that similar actions amounting to ‘torture’ has beendescribed in the penal laws. However, human rights defenders have long beenadvocating to criminalise ‘torture’.
To recapitulate, the High Court hasalready asked the National Human Rights Commission to probe into the allegedpolice torture of Rakib Hasan. Civil liberty groups have larger expectationfrom this probe and the verdict delivered after trial. If specific direction ismade to criminalize the act of torture, similar incident is unlikely to berepeated in the future.

Reference:
1. banglanews24.com
http://www.banglanews24.com/English/detailsnews.php?nssl=0bf5bbf3842e8c8742a4d76148e0ef89&nttl=2012022434081&toppos=6
2. Human Rights Watch
http://www.hrw.org/en/world-report-2011/bangladesh)
3. Reflections on Torture: denialor indifference? by Saira Rahman Khan
4. The Daily Sun, HC summons 5cops for torturing Tajuddin’s grandson http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=13-02-2012&-sun-news&pub_no=54&menu_id=1&news_type_id=1&news_id=10355
27 Feb 2012 08:00:06 PM Monday

my Signature
Sayed Taufiq Ullah
Human Rights in Bangladesh Perspectives.
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