Over a decade on, all 14 cases stuck in endless loop

None of the 14 ongoing cases filed over the Rana Plaza tragedy has seen much progress 11 years into the incident, BLAST revealed at a press briefing at the Jatiya Press Club yesterday.

Meanwhile, one case, filed by the wife of a deceased victim, was dismissed as she could no longer appear in court for hearings. 

Bangladesh Legal Aid Services Trust held the press briefing to commemorate the worst industrial disaster in Bangladesh's history.

A case filed by Rajdhani Unnayan Kartripakkha in 2013 had 135 witnesses listed, but none of them has given their statement yet.

Rajuk had sued Sohel Rana, the owner of Rana Plaza, former Savar municipal mayor Md Refatullah, former municipality councillor Mohammad Ali and others, blaming them for the collapse of the building.

In 2015, charges were pressed against Sohel and the others.

Other legal cases related to the tragedy are in similar state of lethargy, said the speakers.

The Department of Inspections of Factories and Establishments (DIFE) filed 11 cases charging the owners of the garments factories, among others, following the disaster and arrest warrants were issued on October 13, 2013.

"There have been 45 court dates of these cases since then, and yet those arrest warrants are pending," said Sifat-e-Nur Khanam, senior staff lawyer at BLAST.

It should be checked whether DIFE has even appointed a lawyer for these cases, legal experts said at the briefing.

Meanwhile, police had filed a criminal case accusing Sohel Rana and 40 others of murder. In addition, a deceased victim's wife had filed another murder case.

Of 596 witnesses in the two murder cases, only 84 have given their statements so far.

According to MA Awal, the acting chairman of the Labour Appeal Tribunal and senior magistrate, "It's not necessary to take the statements of all 596 people. It would have been possible to interrogate a few key witnesses like the complainant and conclude the case."

On January 15 this year, the Supreme Court had ordered to have the trials of these two cases completed in six months. Four months on, the courts are still making sluggish progress, observed speakers.

The case filed by a deceased victim's wife demanded due compensation from the owners of one of the factories. It was, however, dismissed on October 25, 2018, as the complainant could no longer appear in court.

Speakers said a majority of the survivors are still unemployed because of their disabilities resulting from the collapse, forcing many to move back to their villages.

Bimal Samaddar, additional public prosecutor at Dhaka Judge Court, said, "Providing them [the survivors] with transportation costs to show up to court proves to be difficult for the state prosecutors and this is slowing down the progress of the cases."

Barrister Aneek R Haque pointed out that there are four writ petitions pending with the High Court, and their hearings began only last year.

One of the writ petitions were filed by BLAST and Ain o Salish Kendra in 2013, demanding treatment and rehabilitation of those injured in the disaster. It also demanded that the accounts of Sohel Rana and the owners of the five garments factories be frozen by Bangladesh Bank.

Another writ was filed by Nagorik Udyog the same year, seeking compensation for the workers under the Disaster Management Act.

BLAST's speakers pointed out that the court had issued a rule demanding to know why it did not happen, but that the hearing is still ongoing.

Two more writ petitions, filed by one Kamal Hossain Mirazi on October 22, 2013 and lawyer Yunus Ali Akond are still being heard in court.

"We recommend that all legal cases pertaining to Rana Plaza be considered as sensitive cases so that they are sped up," said Khanam.

The speakers demanded that the government identify the root causes behind the long delays.

During the press brief, an injured worker named Sheila showed her body brace to the attendants.

"I have to wear this brace all the time. My right hand is also in a brace. I am a widow and I have spent all of the meagre amount of money we got as compensation on my treatment. Now I have to beg to survive. People have even recommended that I do sex work."

Speakers pointed out that compensation should be provided as per section-121 of the International Labour Organization (ILO) Convention, which states that the amount of money to be compensated should be decided by calculating the money that could have been earned by the victim in the working years lost.

Shahriar Ronny, coordinator of a trust for Rana Plaza workers, said they only cover basic medical costs.

"We give them money for transport to healthcare centres, or hospital admission fees. Some diagnostic expenses at public hospitals are covered. However, many of the survivors need extremely specialised treatment."

The trust was set up in 2016 using money from the Rana Plaza Trust Fund by the ILO.