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Justice is blind. That means it is impartial and objective, and all citizens are equal before the law. And access to justice is neither charity nor mercy, but a basic human right. The right to a competent, independent, and impartial tribunal is articulated in the Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 14), as well as in regional treaties and conventions. Article 27 of the Constitution of Bangladesh also guarantees "all citizens are equal under the law and are entitled to equal protection of the law." The judiciary, therefore, has a crucial role to play in delivering justice, preventing violation of human rights and holding violators accountable.
In Bangladesh, however, the legal maxim "justice delayed is justice denied" resonates strongly with people seeking justice, as some legal procedures often drag on for over a decade or more. Take for example the delay in disposing of cases involving the Rana Plaza building collapse. It has been 11 years since the deadliest industrial tragedy ever recorded in Bangladesh's history occurred. It claimed the lives of 1,135 people while 1,169 were injured. Every year on April 24, the commemoration day of the tragedy, cries for justice for the victims of Rana Plaza disaster ring out loud. The air becomes sorrowfully heavy with the cries and tears of victims and their near and dear ones seeking justice and adequate compensation. Most, if not all, hail from poor families whose very existence depended upon earnings at garment factories.
Eleven years is a long time, especially when one has to fight to survive from day to day. The industry itself has witnessed remarkable progress in terms of workplace safety and structural integrity of factories under mounting international pressure following the tragedy. But progress in terms of delivering justice to the victims and their families has been agonizingly slow and insufferable for some. After the accident three cases have been filed: one for murder, pursued by the police; another for violating the Building Construction Act, by Rajuk; and a third for corruption related to the construction, overseen by the ACC. All these cases remain stuck at different points in the investigative process and the suffering continues.
Depositions and cross-examinations of 84 witnesses have been recorded in the murder case, so far. There are 594 witnesses. This speaks volumes about the sluggishness of the process; leaving one to wonder how many more years the process will take. It's also alleged the prosecution lawyers are not diligently pursuing the case, and witnesses, many of whom are poor garment workers, are being coerced, threatened, or enticed not to appear before the court.
This single case echoes a recurring failure within the justice system to hold powerful entities accountable. Garment owners, having amassed significant influence, appear to enjoy impunity despite their negligence in ensuring the safety of their workers. This trend persists not only in the aftermath of the Rana Plaza incident, but also in other tragedies like the Tazreen Fashion factory fire (2012) and the Spectrum collapse (2005). Criminal charges against factory owners remain shamefully unresolved in all these cases.
How long is a piece of string? It seems the entire matter was mishandled from the beginning and the government still fails to mobilize all the necessary resources to bring it to a speedy end. One can only hope against hopes that justice will escape from its imprisonment and those responsible for the tragedy will be held accountable. It is time to do away with the culture of impunity and restore people's faith in the justice delivery system by bringing the murderers to justice.