Human rights get a boost

Human rights get a boost

The latest High Court verdict scrapping a law that had indemnified all actions including killing in the Operation Clean Heart by joint forces 12 years ago is a welcome boost for people's right to life and right to protection of law.

This landmark verdict upheld once again people's right to life, a fundamental right guaranteed by the constitution, which says no person shall be deprived of life save in accordance with law.

The significance of this verdict is far reaching. It strongly and unequivocally speaks for the rule of law which says nobody should be indemnified for extra-judicial killing.

The verdict came at a time when human right bodies and activists have long been denouncing the recent spate of extra-judicial killings by law enforcement agencies. It is therefore also a morale booster for those vocal against such killings.

Through this verdict, the High Court, has upheld our right to protection of law which is the inalienable right granted in our constitution for all citizens. The verdict also tells us that no arbitrary action detrimental to the life, liberty, and reputation is justified.

The scrapping of the law also means the parliament's jurisdiction to legislate was abused as it enacted a law that it could not have.  

The other significant part of the verdict is the court's bold pronouncement for giving compensation to victims of Operation Clean Heart carried out during the BNP led government from October 2002 to January 2003.

During the operation at least 57 people had died in custody and hundreds were tortured, according to published reports.

A few victims had tried to file cases against the killing and torture, but failed.

The then government in a hurried move had promulgated an ordinance indemnifying the joint forces against any charges of killings and tortures.

Later, the parliament enacted a law titled Joint Drive Indemnity Act 2003 by permanently blocking people's rights to seek justice.

After that for a long time, none of the surviving victims went to the court seeking remedy.

Nearly a decade later, Supreme Court lawyer ZI Khan Panna filed a writ petition with the HC in 2012 challenging the indemnity law, the second of its kind in the country. The first one was made in 1975 indemnifying the killers of Bangabandhu Sheikh Mujibur Rahman and most of his family members.

Finally, the HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal on Sunday declared the law illegal, void abinitio (dead from the birth) and unconstitutional.

The court also ruled that any member of the families of victims of the operation can file cases with the lower court against those responsible for torture and custodial death of their relatives during the joint drive. Families can also seek compensation from the government through the High Court or any other court, it announced.

The verdict now allows the victims to seek justice.

Now the government is legally bound to compensate the victims for its failure to protect the people's fundamental rights which are right to life and right to protection of law.

This, perhaps, will set a new precedence in Bangladesh.

It has been an established precedence in some other countries, however.

For example, in India, the Supreme Court and High Court in some states have already ordered for compensations to victims of law enforcement agencies or criminals.

In December, 2013, the Supreme Court ordered that the government will have to compensate victims for wrongful implication by police.

The court ordered a compensation of Rs 50,000 to each of the four youths who were arrested by the police and charged with offences of robbery and attempt to cause death or grievous hurt. But the charges were proved false.

In March, 2014, India's Supreme Court has ordered the West Bengal government to pay 5 lakh rupees to a tribal woman who was gang-raped in January on orders of village elders.

The judges said the state had failed to protect the victim's fundamental rights as a woman.

In the Philippines, the government has enacted a law to compensate victims of human rights abuses. The then government on February 25, 2013 enacted the Human Rights Victims Reparation and Recognition Act.

The act addresses the widespread human rights abuses that took place under former President Ferdinand Marcos' government during the martial law period from 1972 to 1986.

In Sri Lanka, the government last year announced that it would compensate those injured or disabled in the civil war, a quarter of century conflict between the government and the Liberation Tigers of Tamil Eelam. 

In Chile, the government has enacted a law in 1992 and compensated the relatives of victims who had been victims of forced disappearance without trace. The move was taken to foster a "culture of respect for human rights" in Chile.

Now, we hope the landmark verdict of our HC will usher in a new era to consolidate our human rights.

From The Daily Star.