APPROACHES TO PREVENTING APPROACHES TO PREVENTING TORTURE- A REHABILITATION TORTURE- A REHABILITATION

PERSPECTIVEPERSPECTIVE

Prof.Dr. Kamrul H KhanExecutive Director

CRTS

• The deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.

Tokyo Declaration, WMA, 1975

Torture DefinedTorture Defined

Common Methods of Physical torture used in Common Methods of Physical torture used in BangladeshBangladesh

• Slapping • Kicking with boot• Pouring hot water into nose• Beating with baton• Hanging between two chair• Beating with roller stick• Blow of punch

• Pressing fingers/nails with players

• Piercing needle into finger tip

• Hanging with the roof• Electric shock• Aerial Suspension • Beating with baton &

rifle bat unsystematically

• Sexual abuse

Torture PreventionTorture Prevention• In the light of this well known saying that ‘Prevention is better than cure’, CRTS has put special

emphasis on the preventive side rather than its curative side since its very inception. Basically, it is not the motto of CRTS to rehabilitate the torture victims only, rather it is the main objective of CRTS to eradicate torture throughout Bangladesh which is only possible by creating a sense of self consciousness among the mass specially among the professionals in the form of mass mobilization against torture and animating human rights. In actual fact, there is no alternative than to play an active role by the local professionals for the prevention of torture.

 • For this purpose, CRTS in collaboration with physicians, journalists, lawyers, teachers, social

workers wants to form a local UNIT with a view to protecting people from torture in all the districts of this country firstly, through dialogue; secondly, imparting training; thirdly, organizing them to increase their solidarity and educating them.

 • It is not possible to achieve success unless all classes of people take active part in any of the

social movement. The doctrine for the prevention of torture is briefly called, ‘Integrated Preventive Approach (IPA)’ where people of different professionals such as journalists, physicians, lawyers and social workers are aware of the fact of fundamental rights of the people as per the country’s constitution, which is the introducer of highest law, universal declaration of human rights, UN Convention Against Torture etc. and side by side others different preventive programs like fact-finding & urgent appeal, view exchange, training & seminars, different publications.

CRTS Activities CRTS Activities

Preventative• Victim's Associations (VA)• Door to Door Campaign Against Torture • Home Visits• Research and Documentation• Lobbying for Change and Spreading AwarenessCurative• Integrated Rehabilitation Approach (IRA)• Community Based Rehabilitation (CBR)• Community Health Assistant Program (CHA)• Integrated Rehabilitation Approach

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Victims' Association• Once the victims, especially of rural areas, return to their

communities, they will often form or join a victim's association (VA). The VA was initiated by the CRTS as a way for victims to continue rehabilitation at home by actively participating in a program that supports one another, future victims and as a means to prevent future torture occurrences from happening by spreading awareness.

VA's are based on three pillars of strength: Mental , Human Power and Financial Solvency , and have the impact of shifting feelings of loneliness to unity. They are self-help groups that consist of approximately 10 – 30 members and they hold meeting to discuss their own social and economic problems.

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• Treatment and Rehabilitation• CRTS under curative activities sincerely addresses almost all

complications with available resource. CRTS Treatment Center is concerned with the treatment of the torture victims and provides services through a process termed as Integrated Rehabilitation Approach (IRA). It is a multidisciplinary approach, which includes physical, psychological as well as economic rehabilitation measures. CRTS is operating a Dhaka & Tangail based treatment center as outdoor services provided to the victims. CRTS considers a person as torture survivors when victimized only perpetrated by the members of the law enforcing agencies and security forces of Bangladesh. Most of the torture survivors visited the center with acute physical complication to get the psychological, economical and legal supports.

Prevention and AwarenessPrevention and Awareness

• Rally • Meetings • Seminars• Press Conference• Distribution of• Leaflets• Posters • Stickers

International Day in Support of Torture VictimsInternational Day in Support of Torture Victims26 June observation26 June observation

Center for Rehabilitation of Torture Survivors (CRTS) and Nagorik Uddyog jointly organized a round table discussion at the National Press Club in the city to mark the international day against torture.

The round table titled ‘Measures to prevent torture’

The discussion was presided over by Dr. Professor Abdus Sobhan.

Round table discussionRound table discussion

Chief Guest was former advisor to caretaker government Advocate Sultana Kamal. In this round table, keynote paper was presented by Dr. Kamrul Hasan Khan, Executive Director of CRTS. Among others Justice Kazi Ebadul Haq Advocate Z.I. Khan Panna, Chairman Human Rights and Legal Committee of Bangladesh Bar Council, Mr. Zakir Hossain CEO of Nagorik Uddyog and Sanjib Drong of Tribal Forum participated in the discussion

Around 45 organizations and 30 journalists participated at this round table discussion. They discuss the matter and share there experience and try to find out the way how to overcome the problem as early as possible.

Challenges for the Prevention of Challenges for the Prevention of TortureTorture

• Treatment:In Bangladesh there is no particular treatment system for torture victim.On the other hand,due to guilty feelings, Victims do not take support from the existing government’s general treatment system (government hospital)

• Rehabilitation:Generally torture victims are not getting support from their own family, society as well as country, so they become deprived.

• Financial support In Bangladesh there is no any established financial support system for torture victim.

• Legal support There are number of Organizations in Bangladesh who provides legal support to the Victims but due to lack of awareness and communication, the victims cannot avail those supports.

Legal ChallengesTorture is not a crime in national legislation in Bangladesh.

A police station, which is the initial place where victims are to lodge complaints, by default refuse to record complaints of torture when a member of the police or military is named as the alleged perpetrator.

The police produce a distorted investigation report resulting in the complaint being deemed to be "false."

The judiciary, rather than providing justice, create further obstacles for victims seeking redress such as Section 197, which stipulate that sanction from the authorities is required before public officials can be tried.

Threats, intimidation and obstacles forced most victims of torture from even seeking redress.

Changing the evidence by exploiting 161 CrPC

Torture is not a crime in national legislation in Bangladesh.

A police station, which is the initial place where victims are to lodge complaints, by default refuse to record complaints of torture when a member of the police or military is named as the alleged perpetrator.

The police produce a distorted investigation report resulting in the complaint being deemed to be "false."

The judiciary, rather than providing justice, create further obstacles for victims seeking redress such as Section 197, which stipulate that sanction from the authorities is required before public officials can be tried.

Threats, intimidation and obstacles forced most victims of torture from even seeking redress.

Changing the evidence by exploiting 161 CrPC

Challenges of Health

Lack of health policy and availability of integrated health care.

Lack of coordination, cooperation and solidarity among the Health & other Professionals (Doctors, Psychologist, Physiotherapist, Counsellor, Social Worker, Lawyers etc.

Lack of trained Professionals for providing IRA

Lack of paucity of professional at the community level.

Expensive & lengthy treatment process.

Safety and Security of Human Rights Defenders

Social Challenges

Political influences

Lack of acceptance for victims in Family and community

Lack of co-operation & coordination (Civil societies, TFT, Lawyer, NGOs etc.)

Stigmatization

Lack of awareness among the civil society

Secondary victimization

Organizational Challenges

Lack of co-ordination among the Human Rights organization

Limited funding

Hidden computation among the sector players

Lack of issue based research and authentic data documentation

Lack of trained professional

Lack of quality services

Sustainability

Economic Challenges

Loss of property, Loss of income & Joblessness

Dependent & burden to the family

Vulnerability of family members specially women and children

Challenges at the State level

Lack of political will

Reservation of Article 14 of the UNCAT

Ratification of UN-OPCAT

No separate law for torture victims

Law enforcing agencies are not trained properly on Human Rights

An obstacle to development

A threat to Democracy

Human rights situation in BangladeshHuman rights situation in Bangladesh

Total Population of Bangladesh : About 160 Million

Nine Month’s Human Rights Monitoring Report (January 01-September 30, 2011) by Adhikar

• Extra Judicial Killings 66• Human right violations by Indian BSF 84• Deaths in jail 84• Attack on Journalists 182• Political violence 8977• Disappearances 17• Acid violence 86• Dowry related violence 375• Rape 558• Sexual harassment/Stalking of women 526• Public lynching 120

Following approaches can be taken for the prevention of Torture :

Marginalized groupsMarginalized groupsLawyers and human rights activists can support and Lawyers and human rights activists can support and

assist marginalized groups by:assist marginalized groups by:

• Being aware of and highlighting marginalization and its consequences through variousmedia with a view to fostering respect for the rights of marginalized groups;

• Taking up cases on behalf of interest groups or communities who are particularly at riskof torture on a pro bono basis;

• Urging States to publish reports providing data on complaints of torture disaggregatedby age, gender and other key factors, to see if there are patterns of victimization.

WomenLawyers and human rights activists should be:

• Aware of the gender-specific violations and consequences, both physically and mentally,of torture and ensure that any interviews or correspondence with the victims of suchviolence does not result in secondary dramatization;

• Aware of, and invoke as appropriate the principles of evidence in cases of sexualviolence, in particular by objecting to unfair lines of questioning;

• Engage in strategic litigation that tackles systemic obstacles to access to justiceexperienced by women.

In addition, lawyers, human rights activists and others should call In addition, lawyers, human rights activists and others should call upon the governmentsupon the governmentsof their countries toof their countries to

• Implement relevant international standards in domestic laws and procedures, in particular by removing discriminatory laws that impact on women’s rights, in particular women’s access to justice;

• Train the police, other investigatory services and the judiciary to be sensitive to women who are victims of torture, and ensure that they are not subjected to further victimisation, including by questioning that violates principles of evidence in cases of sexual violence;

• Put in place specific gender-sensitive units that deal with sexual violence against women;

• Set up adequate protection and support services for women who are victims of torture, including shelters;

• Adopt rules of evidence that give equal weight to testimony given by men and women;

• Advocate for women to have a key role in any reparation programmes, in particular in respect of gender-specific violations .

ChildrenChildrenLawyers and human rights activists should:Lawyers and human rights activists should:

• At all times, be sensitive to the personal state of development, needs and interests ofchildren who are victims of torture, and consult with experts on child psychology asappropriate;

• Provide children with adequate information about their rights, the nature of legalproceedings and the role they are likely to play during such proceedings;

• Provide children with legal aid or pro bono services as appropriate;• Call on the government to implement its obligations under the UN Convention on the

Rights of the Child and other relevant international standards, in particular to ensure thatlegal proceedings are sensitive to the particular circumstances pertaining to children;

• Call on authorities to set up complaints hotlines and complaints mechanisms for childrenwho have been tortured, which should be staffed with persons having the requiredexpertise in dealing with children and to make similar arrangements for investigationsand judicial proceedings, in particular trials;

• Call on the government to establish a body responsible for the observance andimplementation of children’s rights, in particular freedom from torture, or to set upspecial units within existing national human rights institutions to this end;

• Advocate for children who have been victims of human rights violations, in particulartorture, to be heard and to be able to participate in any reparation programmes.

Poor and disadvantaged peoplePoor and disadvantaged peopleLawyers and human rights activists should:Lawyers and human rights activists should:

• Reach out to impoverished communities and provide legal aid services to those who cannot afford it and urge their governments to set up free legal aid clinics. These should be established in the poorer areas of the country where their need is greatest;

• National Bar associations and university law faculties should consider establishing volunteer projects where qualified lawyers and law students assist poor clients for free;

• National Human Rights Institutions should establish outreach programmes in poorer areas to inform individuals of their rights and what to do if they have been the victim of a violation.

Ethnic minorities and indigenous peoplesEthnic minorities and indigenous peoplesLawyers and human rights activists should:Lawyers and human rights activists should:

• Identify patterns of discrimination and marginalisation of ethnic minorities and indigenousgroups, and raise public awareness thereof;

• Build a relationship of trust and networks with members of ethnic minorities andindigenous groups;

• Raise awareness amongst ethnic minorities and indigenous groups of the legal systemand their rights within the system;

• Strengthen the capacity of lawyers and human rights activists belonging to ethnicminorities and indigenous populations;

• Build a rapid response system of localised legal assistance to members of ethnicminorities and indigenous populations;

• Advocate for legislative reforms and institutional changes that remove obstacles toaccess to justice, such as the ability to use multiple languages, and obligating lawenforcement institutions to hire personnel and liaison officials that is reflective of ethnicgroups and indigenous populations;

• Advocate for ethnic minorities and indigenous populations to play a key role in anyreparation programmes, including in the design, implementation and monitoring of theeffectiveness of programmes, and in particular in respect of violations targeting membersof the community or the community as a whole.

Internally displaced persons (IDPs) and refugeesInternally displaced persons (IDPs) and refugeesHuman rights lawyers, paralegals, community groups and others should:Human rights lawyers, paralegals, community groups and others should:

• Inform IDP’s and refugees about their rights; • Put into place protection measures, including self-help groups;• Provide legal services on a pro-bono basis;• Call on the state, as appropriate, to put into place legislation that

provides for protection of IDP’s and refugees, refrain from violations, protect IDP’s and refugees from violations by non-state actors and provide access to justice and adequate forms of reparation for any torture or other serious violations that IDP’s and refugees may have suffered;

• Advocate for IDP’s and refugees as appropriate to play a key role in any reparation programmes, in particular concerning procedures and measures that affect their rights.

Diplomatic and consular protectionDiplomatic and consular protectionVictims and witness protectionVictims and witness protectionLawyers and human rights activists should:Lawyers and human rights activists should:

• At all times evaluate the security risks of victims and witnesses in torture cases;

• Ensure utmost confidentiality to protect the identity and/or location of the victim unless going public’ is adopted as a suitable strategy to counter any threats;

• Provide victims and/or witnesses with the resources to seek protection;• Request the authorities to suspend suspected perpetrators of torture and to

provide adequate measures of protection;• File separate complaints against those believed to be responsible for any

threats or against unknown perpetrators;• Identify patterns of threats, harassment and intimidation of victims and

witnesses and raise public awareness thereof;• Advocate for legislative reforms and institutional changes with a view to

putting in place an effective system of victims and witness protection.

Recommendations

Withdrawal of reservation on Article-14 on UN CAT & ratification UN- OPCAT

Make people aware about UN Declaration on Human Rights Defenders

New Legislation on Compensation for Torture Victims

Independent investigation body should be established

Torture cases be prosecuted under separate court with trained Judges

All laws inconsistence with fundamental rights shall be reviewed and amended

Treatment of torture require multi disciplinary approach therefore IRA (Integrated Rehabilitation approach) model be be integrated in national health policy for its replication in Bangladesh

Victims restitution, compensation, rehabilitation and satisfaction and guaranties of non repetition

Article-10 of UNCAT (Human Rights education) be part of curriculum of all Health profession & LEA

Massive awareness against the colonial attitude and mind setup be mobilized

Indigenous of Important Human Rights instruments and its application in local court, police station etc be ensured

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Issue a standing invitation to all of the Human Rights Council’s special procedures, including as a priority, the special rapporteur on Torture.

Submission of periodical report on the country situation of torture to the UN committee against torture and also Human Rights committee.

Implementation of judgment by High Court regarding to section 54 and 167 of CrPC (55 DLR, P-363, BLAST Case of Custodial Death of Student Rubel, Judgment by Justice Mr. Hamidul Haque and Ms. Salma Masud Chowdhury of High Court Division, 7 April, 2003)

cont’d

ConclusionConclusion

• The lack of prevention of torture and basic human rights is a defining characteristic of human poverty. In Bangladesh, despite impressive achievements towards a number of Millennium Development Goals, it is widely acknowledged that many continue to suffer from challenges against the rule of law, limited justice options, as well as the lack of knowledge and protection of human rights.

• The revised 'National Strategy for Accelerating Poverty Reduction' highlights the importance of a reformed justice sector for the most vulnerable, particularly women and children.

• An economically viable society can solve the problem.• NGOs can solve the problem in a very limited area.• It is the state when it is economically viable or sound then it can solve the

problem.So, Politicisation of the Prevention and Rehabilitation Program is the only way to make a torture free Society.

• When a person becomes economically viable then He/She gets Social position and becomes culturally developed.

Mission Statement of CRTSMission Statement of CRTS

CRTS would wish to see a torture free world, where people can live with dignity, peace, social justice, keep and practice their own rights without any fear and can contribute effectively in social development.