Last Change:

12/24/2024

The National Human Rights Commission Act

Year: 2009

Type: Domestic law

Rights Category: Liberty & security of person

Description

Some core functions of the Human Rights Commission includes: to inquire, suo-moto or on a petition presented to it by a person affected or by any person on his behalf, into complain of violation of human rights or abatement thereof, by a person State or government agency or institution or organization; to inquire, suo-moto or on a petition presented to it by a person affected or by any person on his behalf, into any allegation of violation of human rights abatement thereof or negligence in resisting violation of human rights by a public servant, to inspect jail or any other places where persons are detained or lodged for the purpose of correction, custody, treatment or such other welfare, and to make recommendation to the government thereon for the development of those places and conditions, to review the safeguards of human rights provided by the Constitution or any other law for the time being in force and to make recommendation to the government for their effective implementation and so on.

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context,
(f) “Human Rights” means Right to life, Right to liberty, Right to equality and Right to dignity of a person guaranteed by the constitution of the People’s Republic of Bangladesh and such other human rights that are declared under different international human rights instruments ratified by the People’s Republic of Bangladesh and are enforceable by the existing laws of Bangladesh.

Section 12: Functions of the Commission

(1) The Commission shall perform all or any of the following functions, namely:
(a) to inquire, suo-moto or on a petition presented to it by a person affected or any person on his behalf, into complaint of violation of human rights or abetment thereof, by a person, state or government agency or institution or organization;
(b) to inquire, suo-moto or on a petition presented by the person affected or any person on his behalf, into any allegation of violation of human rights or abetment thereof or negligence in resisting violation of human rights by a public servant;
(c) To inspect any jail or any other places where persons are detained or lodged for the purpose of correction, custody, treatment, or such other welfare, and to make recommendation to the government thereon for the development of those places and conditions;
(r) To provide legal assistance to the aggrieved person or any other person on behalf of the aggrieved person to lodge a complaint before the Commission;

Section 13: Reference from the Supreme Court

(1) The Supreme Court may send any issue derived from an application made under article 102 of the Constitution, to the Commission for submitting report after enquiry.
(2) The Commission shall, after making an enquiry into the matter under sub-section (1), submit the report to the Supreme Court within the time frame, if any, mentioned in the reference.

Section 14: Steps to be taken in case of revelation of Human Rights violation

(1) If any human rights violation is revealed from the enquiry of the Commission, the Commission may take steps to resolve it through mediation and conciliation.
(2)If the mediation and arbitration under sub-section (1) does not succeed, the Commission shall-
(a) Recommend to the appropriate authority to file case or take any proceedings against the human rights violator;
(b) Recommend to the appropriate authority or person to prevent or to take remedial measures for protecting the violation of human rights.
(3) The Commission shall not make any recommendation under this section without giving opportunity of hearing to the person who has been accused for violation of human rights or who is about to violate human rights.
(4) The Commission shall send a copy of the recommendation of the Commission under this section to the complainant.
(5) The Commission may require the person or authority, to which the recommendation is sent for action, to send a follow up report on the measures taken according to the recommendation and it shall be the duty of the person or authority to send the report required.
(6) If any person or authority to whom recommendation was sent under this section from the Commission, fails to submit the report required, or if the Commission considers the action taken or proposed to be taken as insufficient, the Commission shall, if it considers appropriate, send the full description of the issue to the President and the President shall take necessary measures to lay a copy of that report to the Parliament.

Section 15: Appointment of mediators or conciliators

(1) If any issue is sent under this Act for mediation or conciliation, the Commission shall appoint one or more persons to mediate or conciliate between the parties.
(2) The procedure of appointment and power of the mediator and conciliator shall be determined by rules.
(3) The Commission may order the concerned parties to be present before the mediator or conciliator for mediation or conciliation.
(4) The sessions of the mediators and conciliators may be held in open or in camera.
(5) If the issue is not resolved through mediation or conciliation or any party objects for the mediation or arbitration, the mediator or arbitrator shall inform the matter to the Commission.
(6) If there is a settlement through mediation or conciliation, the mediator or conciliator shall inform the matter to the Commission.
(7) In order to execute the settlement made under sub-section (6), the Commission may, along with other instructions, give instruction of imposing fine as it deems appropriate.

Section 16: Powers relating to inquiries

The Commission shall have the following powers of the Civil Courts as specified in the Civil Procedure Code, 1908 (Act no. 5 of 1908) for the purposes of investigation and inquiry under this Act, namely:-
(a) Summoning and ensuring the attendance of witnesses and examining them;
(b) Summoning for giving written or oral evidence by oath.
(c) Summoning any person living in Bangladesh to give evidence being present before any meeting of the Commission and to produce any document which remains in his possessions;
(d) Providing authorization for or against the public participation in an investigation or inquiry.

Section 17: Investigation into complaint

(1) The Commission, while investigating into the complaints of violation against human rights, may call for the report or information from the Government or any authority of the Government or any other organization within the time specified by the Commission.
(2) If the Commission does not receive the report or information within the time specified under Sub-section (1), the Commission may, on its own, start investigation.
(3) On receipt of information under sub-section (1) if the Commission
(a) is satisfied that there is no necessity of further investigation; or
(b) The Government or the Authority, as the case may be, has taken proper action or has started initiative to take up proper action –
then the Commission will not proceed to make any inquiry into the matters.

Section 18: Procedure to be followed in case of disciplined force

(1) Notwithstanding any other provision of this Act, the Commission on suo-moto or on the basis of any application may call for report from the Government on the allegation of violation of human rights by the disciplined force or any of its members.
(2) If any report is called for under Sub-section (1), the Government shall submit the report to the Commission.
(3) On receipt of the report under Subsection (2), the Commission
(a) if satisfied, would not proceed in the matter any further.
(b) if it deems necessary, may make recommendation to the Government for actions to be taken into the matter.
(4) On receipt of the recommendation under subsection (3) the Government shall inform the Commission in writing about the action taken into the matter within six months from the date of receipt of the recommendation.
(5) On receipt of the report under sub-section (4) the Commission shall furnish its copy to the Complainant or his representative, as the case may be.

Section 19: Procedure after inquiry

(1) Notwithstanding anything contrary contained in the Act, if the Commission finds the complaint is true, after concluding the inquiry, the Commission may,
(a) recommend to the Government to initiate proceeding for prosecution or take such other legal action against the concerned person and, at the same time, shall describe the type of case or other appropriate legal proceedings in the recommendation.
(b) submit or cause to submit a petition before the High Court Division of the Supreme Court on behalf of the aggrieved person if it is competent to pass order or to give instruction under Article 102 of the Constitution.
(2) The Commission may under sub-section (1) recommend to the Government or concerned authority to sanction such amount of temporary grant to the victim or his family as the Commission may consider appropriate.
(3) The Commission shall provide a copy of the inquiry report to the aggrieved person or his representative.
(4) The Commission shall send a copy of the inquiry report with recommendations made under sub-section (1) and (2) to the Government or to the concerned authority and the Government or the concerned authority shall, within a period of three months from receiving the report, inform the Commission about the action taken or proposed to be taken thereon; provided that, if the Government or the authority contradicts with the Commission, or fails or denies to take decision according to the recommendations of the Commission, the Government or the authority shall inform the Commission about the reasons of such contradiction, inability or denial within the aforesaid time limit.
(5) The Commission shall publish the summary of its inquiry report and its decision or recommendation on the report, in such manner as it thinks fit; provided that, if the Commission is satisfied that it is necessary to publish the whole or any part thereof for general information considering its importance, it shall publish the whole or any part of the report, as the case may be; provided further that, if the Commission is satisfied that, it is not necessary to publish the summary of any report, it shall not be necessary to publish anything of the said report.
(6) The Commission shall have the right to intervene in any proceeding involving allegation of violation of human rights pending before any court or in any legal proceeding.

Section 20: Privileges of the witness giving evidence to the Commission

(1) The person who gives evidence to the Commission shall have the same privileges of the person who gives evidence to the court.
(2) No suit or prosecution shall lie against any person for his statement or speech that is recorded as evidence before the Commission and that statement or opinion shall not be used in any proceeding of criminal or civil nature; but he shall not be absolved of any offence for false evidence; if there is any, in his statement or speech.

Show