annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency
e. Exposing the complainants
Asian Centre for Human Rights has
been raising the issue of lack of protection
of witnesses/complainants. NHRC as a
routine matter forwards the complaints to
the concerned authorities who are
invariably the security forces. Across the
world, complainants face intimidation and
harassment from the security forces. It is a
standard practice in the UN system that
when a complainant requests anonymity,
the request must be respected to ensure
his/her safety, security and dignity. NHRC
has failed to introduce any reform in this
regard.
f. Flawed investigation process
In most of the cases, NHRC cannot
investigate the complaints. NHRC fails to
indicate as to how many cases it
investigated.
Since the CCRCAP filed the complaint
(D.O NO.5/1/2001 - PRP&P), NHRC on
many occasions promised to send its Special
Rapporteur to visit Chakma and Hajong
inhabited areas of Arunachal Pradesh. Both
Mr Shankar Sen, former Director General of
Investigation of the NHRC and Mr Chaman
Lal, Special Rapporteur of the NHRC were
scheduled to visit. But NHRC failed to send
any team so far.
In another complaint (No.100/3/2002-
2003) against police atrocities including
torching of the houses at the Hojaipur
village under Diphu police station, Karbi
Anglong, Assam on 25 August 2002,
NHRC allowed the Superintendent of
Police against whom the allegations have
290
been filed to investigate the case.
g. Informing the complainant through
the press! The NHRC style
Prior to the 7th Annual Conference of
the National Human Rights Institutions in
Seoul in September 2004, NHRC issued a
press release stating that the Ministry of
External Affairs informed that Burmese
refugees could stay in India till their
refugee status is confirmed by the office of
the UN High Commissioner for Refugees.
The NHRC sought clarification from
MEA and Ministry of Home Affairs and
Commissioner of Police, Delhi, with
regard to the allegations made in the
complaint filed by the Asian Centre for
Human Rights. Since September 2004,
ACHR has not received a copy of the
response of the Ministry of External
Affairs from the NHRC! ACHR came to
know about it only through the media.
h. Lack of follow up for prosecution
The NHRC in its 1999-200) Annual
report stated that it provided compensation
to the tune of Rs 7,67,83634 in 598 cases.
The NHRC often orders interim
compensation but seldom follows up final
compensation.
Once compensation is awarded, there
is no follow up for prosecution of the
culprits. It ends with compensation.
Whenever NHRC participates in a
meeting related to the refugee issue,
NHRC proudly refers to the case of NHRC
vs. State of Arunachal Pradesh and Anr
(C.W.P. No. 720 of 1995). Nine years have