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NHRC seeks to amend law to directly investigate allegations against law enforcement officers
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NHRC seeks to amend law to directly investigate allegations against law enforcement officers

The National Human Rights Commission (NHRC) has sent a proposal to the Legislative and Parliamentary Affairs Division to amend the NHRC Act, 2009.

The proposed amendments include allowing the commission to directly investigate allegations against law enforcement agencies and increasing the number of members of the selection committee to appoint chairmen and commissioners.

The decision to send the amendment proposal to the division was taken at the 111th meeting of the 6th NHRC Commission on October 1, reads a press release issued today (November 12).

Following the fall of the Awami League government, all members, including the president, of the 6th NHRC resigned on 7 October.

However, based on the decisions of the October 1 meeting, the secretary of the CNDH, Sebastián Rema, sent the proposals to the Legislative Division today.

In its last meeting, the sixth National Human Rights Commission decided that it is necessary to propose amendments to various sections and sub-sections of the National Human Rights Commission Act, 2009.

This amendment aims to empower the CNDH to investigate and address human rights violations in light of the principles related to the standards (Paris Principles) of national institutions for the protection and development of human rights.

What are the proposals?

In one of its proposals, the commission asked the legislative division to take steps to “abolish Section 18 of the NHRC Act to allow the commission direct investigative jurisdiction against law enforcement agencies.”

Section 18 of the NHRC Act, titled “The procedure to be followed in case of disciplinary force”, currently does not allow the commission to directly investigate law enforcement officers.

Section 18 allows the commission to request a report from the government on the allegation of violation of human rights by the disciplined force or any of its members. If it was satisfied with the report, the “commission would not pursue the matter.”

However, if the commission deems it necessary, it can make a recommendation to the government for action.

Article 18 also states that the government must report to the commission in writing on the action taken in the matter within six months from the date of receipt of the recommendation.

Meanwhile, the commission, in its proposal, also asked the government to amend Article 7(1) to increase the number of members of the selection committee for the appointment of the chairman and commissioners from seven to nine.

He recommended that the additional members be a judge of the High Court Division appointed by the Chief Justice of Bangladesh and a civil society representative to be appointed by the president.

The NHRC is also seeking to be granted the authority to issue bailable arrest warrants against any summoned person who fails to appear before it.