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Annual Reports

Annual Report

 (From May 2007 to April 2008)

 “Strengthening Good Governance through Human Rights - SGGHR project”

Supported by: “Manusher Jonno Foundation”

Advisor                     :       Nurul Islam Khan

                                        Secretary General (In charge), BSEHR

 

Editor                       :       Alena Khan, Advocate

                                Executive Director, BSEHR

 

Overall Management: Md. Omar Faruk,

                                                Co-ordinator

A.K.M Waliul Islam,

Assistant Coordinator

Afroza Khanum Kajol

Training Research Documentation and Liaison Officer

Published on             :       July 2008

 

Printing                    :       Big Win Media Printing Press

Publication               :       Bangladesh Society for the Enforcement of                   Human Rights-BSEHR

Phone:  01716-020502, 01819-223979

E-Mail: info@manabadhikar.org

           Website: www.manabadhikar.org

 

 

FIRST CHAPTER

(About BSEHR in brief)

 

-: Main achievement of the project:-

 

Introduction:

BSEHR started the work of Strengthening Good Governance through Human Rights Project supported by Manusher Jonno Foundation first phase since last March 2004 to February 2008 and after passing through bridge period of two month the project has completed it 2nd phase for the period from May 2007 to April 2008 and a lot of painstaking still now we are aware of to protect human rights of the people. This is totally new types of project. This is the first time that Human Rights Activist works in the 30 Police Stations parallel with them from 9.00 am to 12.00 at night to serve the distressed people.  First time they don’t take us cordially, but think us as disturbance. The police authority appreciated our activities and program consecutively at the time of doing work with them. The police officer in each and every seminar-workshop organized by the organization participated with very much spontaneously. Our program concept and implementation activities become able to influence them and made them to agree with us that, this system should be continued permanently for its effective nature. As result of it in 33 (thirty three) police stations of Dhaka Metropolitan Police (DMP) this monitoring system already has been introduced, we hope, thereby victims/complainer gets the better service. This is really great achievement of us. At present this project has been finished for four years. In this long way the project has some success, barriers and some failure of recent past one year that will be sceneries with this annual report.

 

The first and foremost condition for the development, peace and prosperity of the nations is the protection of human rights for all the citizens nationally and internationally. The study of historical background of the society, history and the civilization, you can reveal that human rights are one of the great innovation human civilizations. Human rights are now treated as the strongest tool for ensuring the social, economic, political and other rights for the mankind of the entire world. To ensure the rights of the neglected and oppressed people of the country through legal aid Bangladesh Society for the Enforcement of Human Rights-BSEHR was established on December 10, 1977 with full respect to the international declaration. Whenever any case of human rights violation anywhere in the country comes to the notice of the organization, it investigates the case immediately and after reviewing the investigation results tries to solve the problems. As the central office is located in Dhaka only the central office can not solve all the problems in the remotest parts of the country. To support all the cases in the country the organization first started the Bazitpur branch and the continuation of the first branch, BSEHR has 365 branches throughout the country and with all these grassroots branches the organization is supporting the victims.

 

(1) Azmat is a name. There was a poor boy named Azmat. He used to sell cigarettes at Motijheel area for his livelihood. He did not know that selling foreign cigarette was illegal. Police arrested Azmat in 1977 with the charge of selling a packet of the illegal foreign cigarette “Benson and Hedges”. He was sentenced to five day imprisonment. But after the five days passed Azmat was not released from jail. He was in the jail for more than ten years without any crime. The boy did not know how to get out of the jail with legal support. Bangladesh Society for the Enforcement of Human Rights-BSEHR gave all out legal support to him and conducted the investigation and finally released Azmat fro jail. This was the first case of BSEHR which actually encouraged the organization to move forward. As the continuation of this BSEHR conducted many important and sensational cases and investigated them of which, (2) the Bandartila case of Chittagong, (3) Yasmin rape case of Dinajpur, (4) Falu Miah case in which he was in jail for long 21 years and 8 months without any trial, (5) Seema rape cas in Chittagong where police concealed the alamot of the case, (6) Rubel murder case, (7) Child Tania raped in police control room of CMM court, (8) Jalal murder case, (9) death sentence of the innocent Shah Alam Babu instead of the real culprit Sundar Babu (the case is in appeal now), (10) life imprisonment of the innocent Abdul Karim of Jessore, rescue, (11) treatment and rehabilitation of the two wise sisters of Dhaka and  (12) Nurjhan , Hawa Begum who are maid servant tortured by housewife, (13) Ex. DIG Anisur Rahman and his seven children case (14) case of life term imprisonment of innocent Komola Khatun of Sherpur (15) Rape and Murder case of Barnali Gosh (16) Case for claiming salary of Railway nurse and support with legal aid with other NGOs are some of the remarkable examples of the BSEHR support.   

Since the inception of the organization in 1977, the society is fighting against all odds, oppression and injustice especially “Abuse of Authority”, “Public and Private Negligence”, “Torture against women and children” and “Acid cases”. While BSEHR is working for delivering the legal aid for protecting the inequity of human rights for the last two decades, it has experienced that the cases are filed at the Thana level and in most of the cases the FIR is not written down properly and due to the non cooperation of the police personnel, the victims are deprived from justice and the accused get released. False cases are filed against poor and socially weak people and they get mal treatment from the law enforcing agencies and influential people get the benefit to harass the neglected and the vulnerable people of the society as they do not have the power to fight against the injustices and they are afraid of the Thana. In some times police are helpless for the local influential party. Some times police are helpless  by influenced of local powered. To get rid of the sad situation BSEHR’s aim, however, is not only to describe the shocking prevalence of these abuse but also taken up a new project since March 01, 2004. The project is titled “Strengthening Good Governance through Human Rights-SGGHR”. Under the umbrella of the project BSEHR is in working 6 districts with 5 Thanas in each district which make 30 Thanas all together in the country. For the first time in the history of Bangladesh, its staff is staying at the Thanas from 9:00 to 5:00 and from 5:00 to 12:00 midnight in two shifts throughout the week. The staff staying at the Thana is called Monitoring and Investigation Facilitator (MIF) and they are doing the on-spot monitoring, parallel investigation and legal support. With this network BSEHR is supporting the suppressed women and children along side the police personnel. A chart below shows the districts and Thanas where we are working under the project.

 

The goal, objective and activities of the “Strengthening Good Governance through Human Rights-SGGHR” project:

 

GOAL:

The main goal of the project is to promote an efficient, unbiased, gender and child sensitive law enforcement policy and practices to ensure due process of law for enhancing access to justice for the vulnerable people particularly women and children victims of violence and violations of human rights.

 

OBJECTIVES:

To ensure access to justice for the poor, neglected and victims of violence, BSEHR is working for establishing an efficient, effective, impartial development of the legal procedures of women and child sensitive legal processes and to ensure accountable institutional governance in the law enforcement mechanism aimed at protecting and ensuring the fundamental rights. Besides this-

1.                 Create accountability and transparency among the law enforcing officers

2.                 Bring the victims of violence and carelessness of the officers under justice

3.                 Increase the awareness, sensitivity and knowledge of human rights among the beneficiaries, police, social workers and the stake holders

4.                 The Key-Actors of the society (Justice, Judges, Attorney General/Deputy/Assistant Attorney General, Magistrate, Public Prosecutor, Assistant Public Prosecutor, Higher authorities of the police, Forensic specialist and Medical Officer, Lawyers, Journalists and other media personnel and the Politicians) with their thoughts and exchange of views, will provide their important and continuous recommendations on different issues to help the project move forward and will ensure skilled police supporting roles even after the closure of the project activities.

5.                 To disseminate the survey and advocacy results on the realistic law reform and the proper implementation of the law and other principles, this will strengthen the knowledge on the justice of criminal and family matters. It will also strengthen the advocacy at the grassroots level, networking and intensify lobbying effort at the policy makers and Key-Actor’s level.

 

The organization is striving hard to implement the above activities; a brief picture is given bellow:

Activities implemented by SGGHR Project so far

 

Statistics of the activities in 30 Thanas of 6 Districts under the SGGHR project from May 2007 to April 2008 (from the training research documentation and liaison cell) is detailed bellow in the chart:

Activity-1:

a)     Daily on-spot monitoring of the victims, complainants, and other people involved with the process of law at the police stations (Thana).

b)    Provide legal support and help the victims to lodge any complains or write the FIR correctly according to the rule of law.

c)     Conduct parallel investigation to find the fact, collect evidence to ensure justice for the victims.

d)    Regular monitoring on the women and children brought at the Thana custody and provide medical and legal support.

 

Activity-2:

Ø                Arrange regular in house meeting at the Thana to increase awareness on human rights for the rights-friendly police activities by the staff of BSEHR.

 

Activity-3:

Ø                Arrange “Experience Sharing” workshop with the Justice, Judges, Attorney general or his selected representatives, Magistrate, Public Prosecutor, Assistant Public Prosecutor, Police personnel, Forensic Experts and Medical Officers, Lawyers and other relevant personnel. Develop strategies to overcome the barriers of the project through discussions at the project experience sharing workshop, identify the problems and measures have been taken to overcome the barriers.

 

Activity-4:

Ø                 Conduct survey and research on the “Duties and Obligation of Law Enforcing Institute”.

 

Activity-5:

Ø               Arrange workshops and seminars at the policy making levels to take the initiatives of the project activities become more realistic and to implement them.

 

Other activities of the project

 

Coordination Meeting:

So far we have conducted four coordination meetings at Dhaka and other five districts of the project area. The Executive Director, the Co-ordinator, the Assistant Coordinator, Legal Retainer, Monitoring and Investigation Officer, Training Research Documentation and Liaison Officer and the Monitoring and Investigation Facilitators were present at all the coordination meetings at Dhaka and all the project units.

Supervision:

We have arranged supervision program to strengthen the project activities in the five project areas since May ’07 to April’08. The Executive Director, the Co-ordinator, the Assistant Coordinator, Legal Retainer, Monitoring and Investigation Officer, Training Research Documentation and Liaison Officer and the Monitoring and Investigation Facilitators were present in the supervision program. The National Committee members were also present in the supervision program.

Training

Training-1:

Subject                           : Staff Orientation

Date                               : 8 - 9 June 2007

Venue                            : BSEHR conference room      

Head Office of BSEHR, 04, College Road, Shahbag (Old Ramna), Dhaka-1000

Supported by                  : Manusher Jonno Foundation

Topics of Training           : Objective of the training, orientation- BSEHR & Project, Goal, Objective and Action Plan, Idea of new project, main activities of previous project, review of the previous phase, achievement and barriers of previous phase, implementation of new project in the light of experience gathered from previous phase and what type of assistance required, the recommended measures to success in a project and our responsibility.   

Resource person             : Mr. Munirul Islam- Consultant, Rafeja Khanum

                                        Alena Khan Advocate

Training-2:

Subject                           : Staff Capacity Building Training

Date                               : 10 - 12 June 2007

Venue                            : BSEHR conference room      

Head Office of BSEHR, 04, College Road, Shahbag (Old Ramna), Dhaka-1000

Supported by                  : Manusher Jonno Foundation

Topics of Training           : What is staff capacity building, what is capacity building, relationship with staff about staff capacity building, why I am in organization, what type of capacity and limitations I have, way to overcome the limitations, required to develop thyself, Program Capacity, Time consciousness, proper utilization of time, duty and responsibility to make time consciousness of staff, role of award & appraise, coordination of responsibility and power, office discipline.  

Resource person             : Mr. Munirul Islam- Consultant, Rafeja Khanum

                                        Alena Khan Advocate

Training-3:

Subject                           : Investigation Training

Date                               : 13 - 14 June 2007

Venue                            : BSEHR conference room      

Head Office of BSEHR, 04, College Road, Shahbag (Old Ramna), Dhaka-1000

Supported by                  : Manusher Jonno Foundation

Topics of Training           : Women and Child repression Act. 2000, Penal Code, Investigation in the light of Human Rights, Attempts to murder, Primary symptom of attempts to murder, distinguishing between inquest and postmortem report, how to write report, investigation through case study.  

Resource person             : Advocate Mizanur Rahman Mollah,

                                        Alena Khan Advocate

Training-4:

Subject                           : Mediation Training

Date                               : 15 - 16 June 2007

Venue                            : BSEHR conference room      

Head Office of BSEHR, 04, College Road, Shahbag (Old Ramna), Dhaka-1000

Supported by                  : Manusher Jonno Foundation

Topics of Training           : Background of Mediation, what is mediation, why mediation, scope of mediation, role and quality of mediator, differentiation between case and shalish, the positive side of shalish, presentation through various case study.

Resource person             : Alena Khan Advocate

  Advocate Shamim Sufi,

Training-5:

Subject                           : Staff Capacity Building Training

Date                               : 29 August – 03 September 2007

Venue                            : Asian S. R Hotel, Chittagong 

Supported by                  : Manusher Jonno Foundation

Topics of Training           : Self analysis, organizational capacity, monitoring, proper direction of work, women development, co-ordination among staff, relationship with donor organization.

Resource person             : Alena Khan Advocate              

Training-6:

Subject                           : Staff Capacity Building Training

Date                               : 26 – 27 October 2007

Venue                            : Hotel Jalico, Khulna     

Supported by                  : Manusher Jonno Foundation

Topics of Training           : Self analysis, organizational capacity, monitoring, proper direction of work, women development, co-ordination among staff, relationship with donor organization.

Resource person             : Alena Khan Advocate

Training-7:

Subject                           : Staff Capacity Building Training

Date                               : 24 - 26 March 2008

Venue                            : Hotel Hilltop Inn, Khulshi, Chittagong.      

Supported by                  : Organization’s own fund

Topics of Training           : What is staff capacity building, what is capacity building, why staff capacity building is required, the job responsibilities of the individual staff in the organizations, what type of capacity and limitations I have, way to overcome the limitations, Is there any quality to perform the work, Team building and duty and responsibility in case of working at team, way to motivate staff, responsibility and power, office discipline, barrier and way to overcome in case of performing duty, identifying the problem and way to solve, human rights and good governance issue, method of investigation in the light of human rights, field visit (visit of Banshkhali under Chittagong district about a sensational rape and murder case), monitoring system, shalish session and presentation, official letter and report writing training.

Resource person             : (1) Alena Khan Advocate, Executive Director,    BSEHR

                                         (2) Syed Ahsanul Alam Parvez, Associate Professor, Marketing Department, Chittagong University; Chairman Centre for Good Governance and Imperial Foundation

                                         (3) Advocate Kafil Uddin Chowdhury, Ex. public prosecutor, Chittagong Judge Court;

                                         (4) Advocate Zia Habib Ahsan, President Chittagong Metropolitan Branch-BSEHR

                                         (5) Mr. Mahfuzullah, renowned Journalist, Media Person and Secretary General, Centre for Sustainable Development (CFSD) 

 

Day Observation:

Seminar and Presentation on the occasion of “International Indigenous Peoples Day ‘07”

 

Date                               : 09 August 2007

Venue                            : BSHER Office Premises

The participants were      :-

Moderator                      : Alena Khan Advocate, Executive Director, BSEHR

Chairperson          : Gias Kamal Chowdhury, Acting President, BSHER

Invited Guest                  : Ahammed Ali Advocate, honorable treasurer, BSEHR

Participants                     : Kerina Hazra, Organizing Secretary, Bangladesh Adibashi Adhikar Andolon; Rakhi Mrong, Indigenous Columnist; Ripon Pol Scrue, Advocate; Mr. Parvez Khan, Journalist, Ntv; Moniruzzaman Uzzal, Journalist Daily Jugantar, Haimonti Sarkar (Adhibashi Representative); Ratan Rabi Das (Indigenous Leader); Sayed Ashek Mahmud (Lyricist); Kazi Ashik Elahi, Asst. Training Research and Advocacy Officer, BSEHR.

 

“International day of protecting violence against women on 25th November 2007

 

Date                               : 25th November 2007

Venue                            : Open stage of the University of Asia Pacific

                                         House # 52/1, Road # 4/A Dhanmondi, Dhaka.

Thematic Subject            : ‘Effective measure is required in every sector of violence against women’.

Chief Guest                    :  Professor Dr. Abdul Matin Patwari, Honorable Vice Chancellor, the University of Asia Pacific.

Chief Guest                    :  Dr. Mir Samsur Rahman, Chairman, Law and Human Rights Department, the University of Asia Pacific.

Moderator                      : Alena Khan Advocate, Executive Director, BSEHR

Program celebrated        : Awareness related discussion, awareness related human rights song, pata naksha, Jarigan, Ghitinatto.

Participants                     : The Students to the University of Asia Pacific and staffs of BSEHR.

In addition to the above by the occasion of 25 November 2008 the unit offices (Tangail, Jhenaidah, Natore, Khulna and Chittagong) also organized the program. 

“International Human Rights day 2007”

 

Date                               : 10th December 2007

Venue                            : BSHER Office Premises

                                         323, Elephant Road, New Market, Dhaka-1205.

Thematic Subject            : ‘Dignity and Justice for all of us’

Special Guest                  :  Mr. Advocate Ahammed Ali, Treasures, National Committee of BSEHR.

Chairperson                    :  Mr. Gias Kamal Chowdury, President (Acting), BSEHR

Moderator                      : Alek Shaikh, Co-ordinator SHRSR project and Md. Omar Faruk, Co-ordinator SGGHR project of BSEHR.

Program celebrated        : Inauguration by flying festoon, balloon and pigeon; cultural program; quiz contest; human rights related discussion and prize distribution.

Participants                     : All staffs of BSEHR central office.

In addition to the above by the occasion of 10th December 2007, the international human rights day, the unit offices (Tangail, Jhenaidah, Natore, Khulna and Chittagong) also organized the program. 

 

Access to Justice Workshop:

So far we have conducted three Access to Justice workshop in the project area from May 2007 to April 2008.

1) Workshop on Access to Justice: Tangail Unit,

Date: 28 July 2007, Venue: Office of Tangail Pourosava;

2) Workshop on Access to Justice: Khulna Unit,

Date: 27 October 2007, Venue: Conference room of hotel Jalico, Khulna

3) Workshop on Access to Justice: Chittagong Unit

Date: 13 December 2007, Venue: District Council Office, Chittagong

 

Key-Actors of national level, Donors, Human Rights Activists, Journalists, Doctor, Police Personnel, PP, Development Workers, Beneficiaries and many other professionals were present in the workshops. They discussed openly regarding problems and barriers of the access to justice and submitted some recommendations. These recommendations which we are got from chief guest, special guest, other professionals of different workshop and seminar have been inspired to smoothly run of our project goals and objectives.

 

“Research Findings Workshop”

 

Subject                           : Study on duties and obligation of law enforcing institute.

Venue                            : 8/4 A Segun Bagicha, Dhaka-1000.

Date                               : ‘02 February 2008’

Day                                :  Saturday

Organized by                  : Bangladesh Society for the Enforcement of Human Rights - BSEHR & Crime Reporters’ Association of Bangladesh -CRAB

Participants                     : Ex. Chief Justice, Chief Metropolitan Magistrate, Dhaka; Ex. Secretary Ministry of Information & Inspector General of Police; Director General Rapid Action Battalion (RAB); Journalists; NGO representatives; Police Officers; Magistrates; Human Rights representatives (Unit).

The participants presented in the research findings workshop expressed their various constructive comments and recommendation. This will play a vital role to enhance the objective of the research. 

 

Consultation meeting among Royal Danish Embassy & Manusher Jonno Foundation and National Committee of BSEHR:

Date                         : 30 April 2008,

Venue                       : BSEHR Conference Room, 323, Elephant Road, Dhaka.

Chairperson              : Mr. Gias Kamal Choudhury, Acting President of BSEHR.

Moderator                 : Mr. Nurul Islam Khan, Secretary General (In-charge) of National Committee of BSEHR;

Representative of Donor Agency : Mr. Hans Hoffmeyer, Head of Danida-HRGG-PSU, Mr. Hossain Shahid Sumon, Program Officer, Danida-HRGG-PSU; Ms. Shaheen Anam, Executive Director Manusher Jonno Foundation (MJF).

Other Perticipants     : Ms. Sireen Sheikh Mainuddin, Joint Secretary of BSEHR, Mr. Ahmmed Ali, Treasurer, BSEHR, Members- Mr. Tofazzal Islam Talukdar FCA, Mr. Choudhury Abdul Hye Advocate, Principal Md. Abdul Matin, Advocate Abdul Maleque, Advocate Shaikh Abdul Majid, Advocate A. M. Zia Habib Ahsan, the co-ordinator of SGGHR project Mr. Omar Faruk and co-ordinator of SHRSR project Mr. Alek Shaikh were also present. The over all leading done by Alena Khan, Advocate, Executive Director, BSEHR.

Cultural competition program on “Shikol Bhangar Gaan” on the occasion of 26th March, the Independence Day arranged by Manobadhikar Sankskritic Goshthee:

Date                         : 22 March 2008,

Venue                       : Jatiya Mohila Sangsta Auditorium, Dhaka.

Chief Guest               : Prof. Mozaffar Ahammed, Chairman Transparency International of Bangladesh (TIB).

Chairperson              : Mr. Chashi Nazrul Islam, Famous film person; Mr. Nawazish Ali Khan, Advisor Programs, ATN Bangla.

Moderate & directed by: Alena Khan, Advocate, Executive Director, BSEHR

Judges                      : Munmun Ahmmed, dance artist, drama actress and singer; Mr. Sujit Mustafa, Singer.

Participants of the cultural competition:

1. Chittagong Metropolitan Branch, 2. Khulna District Branch, 3. Sonadanga Thana Branch, Khulna, 4. Tangail District Branch 5.Ghatail Thana Branch, Tangail, 6. Natore District Branch, 7. Jhenaidah District Sadar Branch, 8. Sujanagar Thana Branch, Pabna 9. Bhairab Thana Branch, Kishorgonj 10. Dhaka Unit.

The competition was arranged in five categories (song, dance, acting, reciting). After completion crest and certificates has been distributed among winner by chief guest, special guest, chairperson, judges and executive director of BSEHR.

At a Glance Major Achievements of SGGHR Project

 

On-spot monitoring found to be useful. Poor women and children were benefited from the service. Poor women victims are now feeling confident to come to Thana to file cases.

·        Demand is created at the field level. Extension of services to other areas demanded. Victims, Police officers, District Judges and other stakeholders  highly acclaimed the service provided by MIFs

·        Women can talk freely about their problems and they do not have to pay bribe money to police as before. Due to presence of MIFs in the PS corruption is little bit checked.

·        The number of cases under women and children repression act is dropped (not because of less violence) as because these cases are recorded in proper section of the proper law.

·        Some unwanted elements (brokers and touts) are not in the scene.

·        Informal vigilance and the presence of MIFs have at least stopped the wrong doings of the police.

·        MIFs are narrowing down the gap between police and people.

·        Trend of filing false cases has been reduced through the presence of MIF and parallel investigation.

·        Committed staff is performing better.

·        Good rapport has been built with police, District judge and other              stakeholders.

·        Mediation and counseling are effective tools to resolve family dispute.

·       Considering the importance and value of parallel investigation sometimes MOI is requested by the court to conduct such investigation. Police often tally findings with investigation to cross check.

·        The project received cooperation from police and other agencies.

·        Legal aid and other assistance are provided to victims free of cost.

·        Sensitized police through monthly Thana meetings.

·        BSEHR has established strong media networking.

·        Dissemination of newsletters and documentation has positive effect.  

·        Fatwas is reduced due to presence of human rights activists.

The following recommendations came out from research findings workshop:

A survey and research has been conducted on “Study on duties and obligation of law enforcing institute”. A research findings workshop has been conducted on 02 February 2008. The recommendation given by all participants is as under:

 

*     Police should place case diary before court for remand;

*     Corrective measure should be taken against ‘Peskar’;

*     The lengthiness should avoid in case of prosecution;

*     Poverty scale should be at tolerate level;

*     To enhance the co-ordination among NGOs;

*     To make arrangement of legal knowledge to the doctor;

*     To make arrangement of free of cost DNA test;

*     To introduce the Ombudsman system;

*     Formation of Human Rights Commission;

*     To make awareness about human rights in root level;

*     Not to provide money to ‘Peskar’;

*     Introducing the uniform order passing format;

*     Should ensure instant punishment if the case is proved false;

*     To make advocacy by District Judge for utilization of Legal Aid Fund;

*     To introduce circular from Home Ministry to every Civil Surgeon;

*     Formation of witness protection act;

*     To provide postmortem report and others report to plaintiff;

*     Formation of independent investigation authority;  

*     To make arrangement of training for recently appointment judges;

*     Formation of Independent Prosecution Service;

SECOND CHAPTER

(According to the Manusher Jonno Format)

Annual Report

MJF Format

 

 

1.       Introduction:

 

Name of the Organization:   

Bangladesh Society for the Enforcement of Human Rights-BSEHR

 

 

Name of contact Person and

Address with telephone

Number and email                :         Alena Khan, Advocate

                                                Executive Director

                                           Bangladesh Society for the Enforcement of

                                                          Human Rights-BSEHR

Mobile: 01716020500

Email: info@manabadhikar.org

Website: www.manabadhikar.org

 

 

Reporting Period                   :         May 2007 to April 2008.

    

2.       Project Summary:

 

 

Project Title                    : Strengthening Good Governance through Human Rights (SGGHR)

 

Duration                     :         May 2007 to April 2008

 

 

Total budget (in BDT)  :         Proposed Budget      - Tk. 18,324,228.00

                                                Fund requested from MJ   -Tk. 8,324,228.00

                                                         

Location                :         Dhaka, Chittagong, Khulna, Tangail, Natore       and Jhenaidah

 

Goal and Objectives:

To ensure access to justice for the poor, neglected and victims of violence, BSEHR is working for establishing an efficient, effective, impartial development of the legal procedures of women and child sensitive legal processes and to ensure accountability institutional governance in the law enforcement mechanism aimed at protecting and ensuring the fundamental rights. Besides this

1.     Create accountability and transparency among the law enforcing officers

2.     Bring the victims of violence and carelessness of the officers under justice

    3.   Increase the awareness, sensitivity and knowledge of human rights among the beneficiaries, police, social workers and the stake holders

4.     The Key-Actors of the society (Justice, Judges, Attorney General/Deputy/Assistant Attorney  General, Magistrate, Public Prosecutor, Assistant Public Prosecutor, Higher authorities of the police, Forensic specialist and Medical Officer, Lawyers, Journalists and other media personnel and the Politicians) with their thoughts and exchange of views, will provide their important and continuous recommendations on different issues to help the project move forward and will ensure skilled police supporting roles even after the closure of the project activities.

5.     To disseminate the survey and advocacy results on the realistic law reform and the proper implementation of the law and other principles, this will strengthen the knowledge on the justice of criminal and family matters. It will also strengthen the advocacy at the grassroots level, networking and intensify lobbying effort at the policy makers and Key-Actor’s level.

 

Beneficiary/Primary target population:

The proposed activities aim to promote an efficient, unbiased, gender and child sensitive law enforcement policy and practices ensuring due process of law for enhancing access to justice for vulnerable groups, particularly women and children victim of violence and violations of human rights.

MAJOR ACTIVITIES:

The activities of the project are as follows:

Activity-1:

Ø                 Daily on-spot monitoring of the victims, complainants, and other people involved with the process of law at the police stations (Thana).

Ø                 Provide legal support and help the victims to lodge any complains or write the FIR correctly according to the rule of law.

Ø                 Conduct parallel investigation to find the fact, collect evidence to ensure justice for the victims.

Ø                 Regular monitoring on the women and children brought at the Thana custody and provide medical and legal support.

 

Activity-2:

Ø                 Arrange regular In house meeting at the Thana to increase awareness on human rights for the rights-friendly police activities by the staff of BSEHR.

Activity -3:

Ø                 Arrange four workshops on “Access to Justice” and in collaboration with law enforcing authority to increase strategies to overcome the barriers of the project through discussions at the project workshop, identify the problems and measures have been taken to overcome the barriers.

Activity -4:

Ø                 So far we have conducted four coordination meetings at Dhaka and other five districts of the project area. The Executive Director, the Project Co-ordinator, the Assistant Coordinator, Legal Retainer, Monitoring and Investigation Officer and Monitoring and Investigation Facilitators we present at all the coordination meetings at Dhaka and all the project units.

Activity-5:

Ø                 Arrange “Experience Sharing” workshop with the Justice, Judges, Attorney general or his selected representatives, Magistrate, Public Prosecutor, Assistant Public Prosecutor, Police personnel, Forensic Experts and Medical Officers, Lawyers and other relevant personnel. Develop strategies to overcome the barriers of the project through discussions at the project experience sharing workshop, identify the problems and measures have been taken to overcome the barriers.

Activity-6:

Ø                 To intensify the monitoring strengths arrange regular supervision meeting in the project areas.

 

Activity-7:

Ø                 Conduct survey and research on” Study on duties and obligation of the law enforcing institute”.

 

Activity -8:

Ø                 We have preserved all documents in our documentation cell related to project activities for readily available for future reference.

 

Activity -9:

Ø                 Arranged capacity building trainings for employees to increase the competencies to deliver and create awareness of human rights and consecutive protection of human rights violations in each geographical location.

 

Activity-10:

Ø                 Arrange workshop and seminar on two National issues, at the policy making levels to take the initiatives of the project activities become more realistic and to implement them.

 

Activity-11:

Ø                 Based on National sensitive incidence SGGHR project takes prompt investigation action and legal support is provided by local branches of BSEHR.

Activity-12:

Ø                 We are publishing monthly newsletter, through email to more than 150 organizations and media to inform people about the project activities.

 

Activity-13:

Ø                 We have developed IEC materials like leaflets, poster, sticker and documentary film for the awareness rising among the people of the country.

 

Activity-14:

Ø                 We are purchasing law related books, journal and daily newspapers for our documentation.

 

Activity-15:

Ø                 Statistics on the family matters of the 30 Thanas of 6 districts from May 2007 to April 2008:

District

Legal support provided by the organization in 30 Thanas (Maintenance, Dower money, Guardianship & Other Family matters)

Number of mediation on family matters by the organization

Dhaka, Chittagong, Khulna, Jhinedah, Tangail and Natore

114

133

Total

114

133

v     So far the organization has arranged to handover a sum of Tk. 3,995,600/= (Taka Thirty nine lac ninety five thousands and six hundred) only from May 2007 to April 2008 through Mediation and Shalish (Maintenance, Dower money, rebuilding conjugal lives, Guardianship & Other Family matters) from the defendant and was handed over to the complainant for family matters.

BSEHR is providing legal support for the family matters since the inception in 1977. But we observed during the project activities that many family matters ate being brought at the Thanas and since them from September 2004 we have started supporting with legal aid under the project activities.

4. b. Purpose:

i)                   Indicators: As above.

ii)                 Status of achieving purpose in the light of above indicators: As above.

5. What was the major learning of the reporting period related to planned program implementation? 

i)                    If we can present our project activities to the policy makers, it is possible to bring them to the seminars through which the activities can be taken ahead. As we were successful in doing that the honorable Chief Justice, Peoples Republic of Bangladesh attended our program in spite of his very busy work schedule in the highest court of the country.

ii)                   As the human rights activists are staying at the Thana, the common people are being encouraged and at the same time at the police administration is a little bit free from all kind of external pressures from the government departments and the local influential people as they can refer to the human rights activists at their Thana.

iii)                 It is very much possible to record the case under the proper section of the proper law if there is the sincere and honest will help the needy.

iv)                 The police personnel are becoming more skilled by attending in various seminar, workshop, training, regular monthly meetings with the human rights activists at the Thana and other relevant exercises.

v)                  The judiciary is becoming more sensitive about the women and children tortures keeping the social system in mind.

vi)                 The key-actors of the society should be more- strict on the criminals and they should try to motivate the criminals to leave the world of crime and be good citizens of the country to contribute for the society.

vii)               The human rights activists will arrange monthly sharing meetings with the politicians so that they do not influence in any case, we are working on this.

 

6.  What were the major unforeseen problems, (if any), faced by the project? Was there any change of strategy to deal with the problems? What were the learnings, if any, from them? 

i)                   Many politicians mainly the influential govt. and opposition influential political leaders illegally influence on the police and destroy many cases.

ii)                 Many tortured women and children who are the victims of violence even can not come to the Thana.

iii)               The doctors are supposed to give the copy of the medical certificate to the Thana and to the victim or the relevant person according to the Nari O Shishu Nirjatan Damon (amendment) Ain 2003 but in reality they do not give the certificate to the victim. They give a report to the Thana and take a long period of 2/3 months. The delay in giving the medical certificate is a barrier to ensure justice.

iv)               There are accusations that some of the Public Prosecutors take money from the accused and work against the victims.

v)                 Many marriages are not registered as the general people do not have the knowledge of the benefit of it and for this ignorance and not registering the marriages, many of this kind of cases do not get the right result or justice.

 

Strategy:

i)        Politicians mainly the government party, the opposition party and the local influential leaders are being called in the workshops, seminars so that they do not influence on the police to destroy the cases. We are also communicating with them personally so that they do not influence the police.

ii)       To ensure that the forensic experts/medical officers give the medical certificate to the Thana and to the victim or victim’s relatives according to the Nari O Shishu Nirjatan Damon (amendment) Ain 2003, we are trying to bring them to different seminars, workshops and in experience sharing meetings and trying hard so that they abide by the law.

iii)      As there are accusations that some of the Public Prosecutors take money from the accused and work against the victims, we are sharing with them and discussing the issue to resolve the accusations.

iv)      We are also sharing views with the Kazi so that they register all the marriages that take place at their offices.

 

Learning:

As we are sharing views with the related people through workshops, seminars and through personal contacts, they are becoming softer on the issues and are becoming interested to work on the related issues.

*

9. Any other points those were not covered in the report and you may like to include.

Activity

Total # of Program

1st Quarter

2nd Quarter

3rd Quarter

4th Quarter

May ‘07

June ‘07

July ‘07

Aug. ‘07

Sept. ‘07

Oct. ‘07

Nov. ‘07

Dec. ‘07

Jan. ‘08

Feb. ‘08

Mar. ‘08

Apr. ‘08

Staff Recruitment

 

Ö

 

 

 

 

 

 

 

 

 

 

 

Supervision

 

 

Ö

 

Ö

Ö

Ö

 

Ö

 

Ö

 

 

Supervision in Dhaka

 

 

 

Ö

 

 

 

 

 

 

 

 

 

Supervision national committee

 

 

 

 

 

 

 

 

Ö

 

 

 

 

Orientation Training for Program Personnel

 

 

Ö

 

 

 

 

 

 

 

 

 

 

Investigation Training for Program Personnel

 

 

Ö

 

 

 

 

 

 

 

 

 

 

Mediation Training for Program Personnel

 

 

Ö

 

 

 

 

 

 

 

 

 

 

Capacity Building Training for Program Personnel

 

 

Ö

 

 

Ö

 

 

 

 

 

 

 

Capacity Building Training of Finance & Management

 

 

Ö

 

 

 

 

 

 

 

 

 

 

Consultation Meetings with Police Stations

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Coordination meeting

 

 

 

Ö

 

 

Ö Ö

 

 

 

 

 

 

Coordination meeting in Dhaka

 

 

 

 

 

 

Ö

 

 

Ö

 

 

 

Access to Justice workshop

 

 

 

Ö

 

 

Ö

 

Ö

 

No Fund

Experience Sharing Workshop

 

 

 

 

 

 

 

 

 

 

No Fund

National & Finance Committee meeting

 

 

 

Ö

Ö

 

Ö

 

 

Ö

 

Ö

 

Workshop on Women, Childern and National related Issue

 

 

 

 

 

 

 

 

No Fund

 

 

 

Parallel Investigation

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Additional cost for Investigation

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Legal Aid

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

National Stakeholders’ meeting

 

 

 

 

 

 

 

 

 

 

No Fund

Developing IEC materials

 

 

 

 

Ö

Ö

Ö

 

 

 

No Fund

Publication of Annual Status Report

 

 

 

 

 

 

 

 

 

 

On going

Publication of Monthly News letter ‘Manobadhikar Bartha’

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Monthly Press Release

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Purchasing Books, Journals & Newspapers

 

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Ö

Survey & Research

 

 

 

 

Ö

Ö

Ö

Ö

Ö

Ö

 

 

 

 The victims whom we are providing legal support under the project area Thanas do not have place to stay at Dhaka. BSEHR is making arrangement in different shelter homes of NGOs for the stay at Dhaka. The victims are needed to be brought to the court from the shelter homes for the necessity of the cases. In many occasions the shelter homes do not have space to accommodate the victims and it becomes a problem for us. It would be better if BSEHR had its own shelter home for the victims. Moreover we do not have enough funds for the immediate treatment for the acid victims.

While we are giving legal support to the victims under Nari O Shishu Nirjatan Daman Ain and Acid Aporadh Daman Ain, we expected a question from the MJ authority whether, the people wanted legal support under others sections of law. But according to our expectation MJ authorities did not raise the question. We would like to say that in the project we are providing legal aid support & conducting investigation in Nari O Shishu Nirjaton Daman Ain and Acid Aparadh Daman Ain.  Besides these two laws people also come to the police station to lodge cases under other laws and they want legal support from us. But due to the limitation of the project and due to the shortage of funds, we can not provide legal aid and investigation support to them. We try to give them legal aid and investigation support from our own fund. But due to the lack of adequate fund we are not able to provide legal aid support to all the victims.

 

10. Annual Plan for next year:

This has been shown in next page.

Action Plan of SGGHR Project of BSEHR

May 2007 to April 2008 (for twelve months, four quarters)

 

Field Work Exercise: (Schedule might be changed by the Central Office)

 

P         March 08      =       World Women’s Day,                                            P         February   21    =    International Mother Language Day

P         March 26      =               Independence Day (Cultural Competition)                P         November 25    =    International day of protecting violence against women11. Conclusion:

 

Some Remarkable Program Points

     The first success we achieved is that we are the first in the country to have successfully started the program of monitoring at the Thana level to stay with the police personnel and provide legal support with proper investigation to the tortured women and children. 

     To be able to get the cooperative mentality of the police personnel is our second success.

     We have been able to get the trust of the victims or the complainants. All the tortured, oppressed and illiterate people who are always thinking that the police are a terrifying issue for them and they are very afraid of the police now believe that they are not alone and there is somebody to support and co-operate them at the Thana. The fear for the police within the victims is decreasing slowly and this is another success we achieved during our work at the Thana with the police personnel.

     We have another big achievement and that is to establish the word Human Rights (Manobadhikar) among the police and the illiterate and general complainants. They are all now conscious about human rights because we share our views with the police personnel and the Thana staff including the OC on special topic every month.

     In the case of rape, our staff at the Thana for the quickly preservation of the ALAMOT preserve the cloth the victim was wearing and this is very important for the case. The staff also arranges measures to complete the medical examination of the victim quickly.

     The tendency of false or fabricated cases in the Thanas we are working is hardly occur as people are aware about the filing of cases and punishment of the fabricated cases through our staff posted at the Thana.

     The police personnel are now not in danger of illegal influences from local influential political or village leaders as they now have the scope of telling them that the human rights activists are monitoring the cases of Nari O Shishu Nirjatan Daman Ain or Acid Aporadh Damon Ain and if they are influenced by the political leaders then it would be reported. So the influential people do not dare to poke their dirty and filthy nose in the cases and through this the police personnel are getting relief from the pressure of the influential groups.

     Many people feel that it seems that the judiciary is less sensitive about the women and children tortures.

     The tendency of negotiation and mutual understanding between the victims and accused for monitory benefit, political influence and the lengthy process of getting justice actually become barriers on the way to establish justice.

     The victim and the witnesses become the prey of the anger of the influential accused during the process of trial.

     Less number of Police Officers.

     The police have many folded problems like low salary and benefits and this is leading them into becoming corrupt.

     The Doctors do not give the certificates in right time and sometimes they do not give right certificates and for this the investigation is hampered. They are not even interested in abiding by the law of giving the certificates to the complainants or the victims.

     Some Public Prosecutors do not provide proper legal support if they do not get money from the victims.

     There are accusations that some of the Public Prosecutors take money from the accused and work against the victims.

     Many marriages are not registered as the general people do not have the knowledge of the benefit of it and for this ignorance and not registering the marriages, many of this kind of cases do not get the right result or justice.

     The Doctors show their reluctance to give medical certificates as they have to face many harassments during provide witnesses of any case at the court.

     To ascertain all the killing, doubtful suicide and other unnatural deaths post mortem is a must to identify the real cause of the death. But in many cases due to the religious feelings, love and affection the process of post mortem is facing barriers and even sometimes the dead body is buried with out any post mortem.

 

Some Remarkable Program Points for Future Direction

1. After completion of SGGHR project if it further extends for next phase then it will start with new concept. This project idea is new and first time in Bangladesh. Under the project Dark Star (DS) mobile team would provide legal aid, parallel investigation and if necessary transit shelter support and also if needed make arrangement for medical treatment to victim will provide by the investigation and facilitating officers to the victim of violence. The team will rushes to the place of occurrence where violation of human rights observed in 30 police stations over Dhaka, Chittagong, Khulna, Natore, Tangail and Jhenaidah districts will provide all necessary assistance to the victims inside or outside of the project area. Mobile phone and motorbike will be given to DS team for 24 hours duty by rotation (eight hours per team) in three teams in outside of Dhaka and four team in Dhaka. They will also give legal aid to the victims of trafficking, rape, acid throwing, dowry and ensure justice to deprived children and juvenile. They will be on duty round-the-clock to help the affected people. The organization will publish the advertisement in the printing media so that the victims could express their problem easily by mobile phone.

2. We are getting prepared to file writs for the benefit of the people and to amend laws.

3. We will increase the number of investigations and more victims will be given  legal  support.

4. We will take the initiative to establish shelter home for the vulnerable victims.

5. We will arrange different training programs for the victims at the shelter home so that they can live without anybody’s support and become self reliant.

6. Police is the Govt. human rights activists, but most of the police personnel do not have a clear idea on the child rights act, Nari O Shishu Nirjatan Daman Ain and Acid Aporadh Daman Ain. We will provide general publication and other law books if necessary to the police personnel for increasing their clear idea on the child rights act, Nari O Shishu Nirjatan Daman Ain and Acid Aporadh Daman Ain.

 

7. In most of the cases the influential people of the village like the Chairman, Members or the social leaders become the barriers on the way of establishing justice. We will conduct various workshop, Seamier, Experience Sharing workshop & awareness program in the community for the protection of violence against women and children. 

 

8. Many tortured women and children who are the victims of violence even can't come to the Thana. We will arrange various awareness programs by distributing leaflets, posters, sticker, video show etc. among the vulnerable people. We will also have formed “Manobadhikar Sangskritic Gostee” to raise awareness programs through cultural programs and showing documentary films on human rights issues.

 

9. Many politicians mainly the influential govt. and opposition influential political leaders illegally influence on the police and destroy many cases. We will overcome the situation by experience sharing meeting with the politicians.

 

10. It becomes very tough to get the proper ALAMOT of the rape victim as the medical examination takes a long period of time. We will overcome the situation by experience sharing meeting with the policy makers and concern departments.

 

11. Some journalists publish one sided report being influenced by some special people or political persons. We will over come the situation by open sharing meeting with the journalists.

 

12. To monitor in the court- hazot for the convenient of victim by BSEHR.

 

13. To monitor in the medical college hospitals for the convenient of victim by BSEHR.

 

14. (twenty four) hours emergency telephone service will be opened and that will be delivered legal counseling to the complainers any where in the country.

 

15. BSEHR will establish a strong training unit. It will effective only for law enforcing agencies and journalist.

Our opinion and commitment towards establishing Human Rights and Good Governance will be ensured if we follow and implement the above recommendations.

 

 




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