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* Second Working Session (2:00-4:00) Presided by: Syed Fahim Munaim, Managing Editor, The Daily Star Country Paper Presentation: 1. Mr. Subodh Pyakurel, Chairperson INSEC and Board Member, SAFHR, Nepal 2. Mr. Rukshan Fernando, Sri Lanka Discussants: 1. Dr. Asif Nazrul, Professor, Faculty of Law, University of Dhaka 2. Mr. Maqsoodul Haque, Cultural Activist and Columnist 3. Mr. Syed Nurul Alam, Executive Director, South Asian Partnership (SAP) * Adoption of Recommendations and Future Action Plan (4:00-4:30 pm) Moderated by: Mr. Subodh Pyakurel, Chairperson INSEC and Board Member, SAFHR, Nepal Closing Session (4:30-5:00 pm) Presided by: Mr. A. F. Hassan Ariff, Senior Advocate, Supreme Court and Former Attorney General for Bangladesh Special Guest: Mr. Gene V. George, Mission Director, USAID, Bangladesh * Vote of Thanks: Dr. Tasneem Siddiqui, President, Odhikar. Refreshment (5:00-5:30 pm) B. Transcript of the Proceedings i. INAUGURAL SESSION Dr Tasneem Siddiqui: On behalf of Odhikar, I welcome you all to today's discussion meeting, "Victim and Witness Protection under National Legal Regime: South Asian Perspective". This is a part of an ongoing programme that Odhikar has undertaken with its human rights partner, the AED. Today's meeting is particularly important and from the title it is quite evident that the issue of victim and victim protection under the national legal regime in South Asia needs to be urgently reviewed. I must say, in the human rights discourse of the South Asian countries, this topic is extremely relevant and, although we are quite aware of the plight of victims and witnesses in the region, this issue is hardly ever put openly on the discussion table. We are very proud that today, as the Chief Guest, we have Justice Syed JR Mudassir Husain, honorable Chief Justice of Bangladesh. We also have with us Justice Tariq Ul Hakim, honorable Judge of the Supreme Court of Bangladesh, and Mr AF Hassan Ariff, Senior Advocate of the Supreme Court and former Attorney General for Bangladesh. Ms Susan Ward, Chief of party, AED, is also present with us at this session. On behalf of Odhikar, I thank you all for being here. Before we start, I just like to highlight on the major areas in which Odhikar has been working Report 2005 47
for more than a decade. Although we concentrate particularly on civil and political rights, we have, I think, also worked in various other related human rights issues from time to time. If you think of issues such as the abuse of Section 54 of the Code of Criminal Procedure, jail reform, the situation of children and women in jail, custodial death, impunity, torture and all other important issues related to the human rights and establishment of civic and political rights in Bangladesh, I think Odhikar is in the forefront in the major movement for change, improvement and reform. In particular, I think we have all right to be proud that it was because of our data and resources and discussions on the issue of children in jail, that the number of children who were incarcerated therein were taken note of and removed and jail reform took place last year. The issue that we are discussing today has two major targets --witnesses and victims. Any innocent victim, who suffers direct and indirect threat of physical, emotional and financial harm as a result of a commission of crime, should be protected by criminal justice. Therefore, the term "victim" also includes the spouse, legal guardian, parent, child, sibling or family members of any victim. Again, a witness is someone who has information or evidence concerning a crime and provides information regarding the knowledge to a law enforcement agency. Their statements are vital evidence and it is crucial that they too be extended protection from external threats to person or property. Our understanding that in a very economically advanced country, victim and witness protection can be ensured, has become old-fashioned. Even given the socio-economic status in South Asian countries, I would say, this particular aspect of judicial legislative and legal system is possible to some extent but has not been discussed in great detail. Rule of law has not taken root properly. On this note, we will start today's programme and I request our working partner, Ms Susan Ward to say a few words about the 3 years of Odhikar and AED cooperation. Susan Ward, Chief of Party, AED: Mr Justice Husain, Mr Justice Hakim, Mr Ariff, Dr Siddiqui, distinguished guests, good morning. In is an honor for me to join all of you and Odhikar today at this discussion on victim and witness protection under a national legal regime. I represent AED, Academy for Educational Development, an international NGO, with headquarters in the USA and activities throughout Southeast and South Asia and many other countries in the world. In Bangladesh, we manage the human rights advocacy programmes. BHRAP-USAID funded initiatives to foster and advocate for a national environment in Bangladesh that respects human rights and protects vulnerable groups, especially women and children, from human rights violations. We support efforts of Bangladeshi NGOs like Odhikar that lead to systematic changes in the way human rights are perceived by the citizens and leaders and the way they are incorporated into the policies of everyday life. We are currently working with 15 NGOs advocating for human rights programmes in 61 districts throughout the country. We focus on issues primarily in violence against women in Bangladesh, children's rights, prevention of human trafficking, and access to justice. We support NGOs' technical assistance outreach in capacity building. Odhikar is one of BHRAP's earliest grantees and unique among our partners' because of its sole 48 Report 2005
Page 2 and 3: Odhikar Report 2005 Published by Od
Page 4 and 5: 2005 sees the third, and final year
Page 6 and 7: Synopsis of Activities Covering the
Page 8 and 9: laws of Bangladesh, particularly th
Page 10 and 11: they find the monitor writing notes
Page 12 and 13: Problems faced during thana monitor
Page 14 and 15: After the 2004 High Court directive
Page 16 and 17: (4) Sumon Tortured to Death by Rapi
Page 18 and 19: through a Government Order issued o
Page 20 and 21: 22 Persons Reportedly Killed by Law
Page 22 and 23: iii. Conflicts with political right
Page 24 and 25: Chapter-3 Odhikar's work involving
Page 26 and 27: Environment of the custody cell Fin
Page 28 and 29: Police’s behavior towards accused
Page 30 and 31: 4. Motijheel Thana During the monit
Page 32 and 33: In all, the findings from the monit
Page 34 and 35: Children were seen kept with the ad
Page 36 and 37: 1. If any domestic animal is slaugh
Page 38 and 39: Chapter 4 Fact Findings in 2005 One
Page 40 and 41: General findings It becomes difficu
Page 42 and 43: Recognising the need for laws to pr
Page 46 and 47: focus on legal agencies and human r
Page 48 and 49: due to insecurity providing protect
Page 50 and 51: We are in such a situation that you
Page 52 and 53: the whole judicial system. Ensuring
Page 54 and 55: threatening looks or gestures at a
Page 56 and 57: concrete suggestions to how to disc
Page 58 and 59: force against basic freedoms and hu
Page 60 and 61: Leave us alone. We will get on with
Page 62 and 63: cultivating and having their liveli
Page 64 and 65: own judicial system. It is a proble
Page 66 and 67: name of eviction, etc., but also be
Page 68 and 69: Farhad Mazhar: Some of the suggesti
Page 70 and 71: come to terms with the emotional im
Page 72 and 73: ecourses, a strong commitment of th
Page 74 and 75: initiative, SAARC cooperation, SAAR
Page 76 and 77: � Police and even powerful local
Page 78 and 79: * To facilitate bilateral agreement
Page 80 and 81: grievous offences like rape, murder
Page 82 and 83: see how the press, the police and p
Page 84 and 85: 2. Victims must be given some compe
Page 86 and 87: Susan Ward, AED: I have just two fe
Page 88 and 89: Chapter 6 Other Major Achievements
Page 90 and 91: Annexture: 1 Fact-finding reports 2
Page 92 and 93: A Medical Officer of Mymansingh Med
Page 94 and 95:
However, six of them were held by t
Page 96 and 97:
that he was shifted to bed no. 16 o
Page 98 and 99:
Alleged fabricated news about the r
Page 100 and 101:
at Courtbari in Gabtoli. A sergeant
Page 102 and 103:
down the factory, said a senior off
Page 104 and 105:
Bangladesh. This is not humanly pos
Page 106 and 107:
Medical Offficer of the Roumari Hea
Page 108 and 109:
throwing stones at them. Four polic
Page 110 and 111:
ecommendations would be made to the
Page 112 and 113:
Mr. Mallik Sayeed Mahbub, the Upzil
Page 114 and 115:
Death of a young person in prison i
Page 116 and 117:
Abul Qulam Azad alias Suman was the
Page 118 and 119:
case. The other case was filed unde
Page 120 and 121:
was not tortured during remand, he
Page 122 and 123:
Masum killed at Crossfire by Detect
Page 124 and 125:
Metropolitan Detective Police Nurul
Page 126 and 127:
into the room. They were those he w
Page 128 and 129:
perpetrators, you need evidence for
Page 130 and 131:
things I am doing in my business, i
Page 132 and 133:
commitment of engaging her in house
Page 134 and 135:
Torture of a Political Activist by
Page 136 and 137:
number of those cases or the laws u
Page 138 and 139:
victim was made one of the accused.
Page 140 and 141:
morning to protest the robbery of a
Page 142 and 143:
judgment, Fazley Rabbi Chowdhury, s
Page 144 and 145:
police and police station simply to
Page 146 and 147:
Annexture: 2 Country Papers that we
Page 148 and 149:
and continues to harm victims and w
Page 150 and 151:
either victims or witnesses tend no
Page 152 and 153:
The Nature and Extent of Witness In
Page 154 and 155:
Gang-Inspired Fear: A Particularly
Page 156 and 157:
Other Forms of Intimidation Less co
Page 158 and 159:
V ictim and witness protection - Sr
Page 160 and 161:
Procedure, made a request to the Sr
Page 162 and 163:
of court". Assistance available to
Page 164 and 165:
6. Acknowledgements and References:
Page 166 and 167:
charges saying 16-year-old Mathura
Page 168 and 169:
National Police Journal one of the
Page 170 and 171:
At the international level, rights
Page 172 and 173:
law are maxims that Indian state an
Page 174 and 175:
combined with the fact that no inde
Page 176 and 177:
other local boys, including Firoz a
Page 178 and 179:
sorely missing as an utterly callou
Page 180 and 181:
nor India are signatories to the Ro
Page 182 and 183:
(f) Rape, sexual slavery, enforced
Page 184 and 185:
Superior orders and prescription of
Page 186 and 187:
witness are determined by the conse
Page 188 and 189:
is valid because the society is mor
Page 190 and 191:
necessary. Such action plan calls f
Page 192 and 193:
Protection to witnesses The State p
Page 194 and 195:
Monitoring of the protocol The Stat
Page 196 and 197:
attention. Victims have the right t
Page 198 and 199:
Nepal's Human Rights Obligations un
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