Part I Fundamental requirements for an Investigations Unit Right to enter any premises to further an investigation The power to access places without permission is very important for NHRIs, particularly if there are grounds to believe that evidence related to human rights abuses is present in those premises. Unannounced visits – where little or no notice is given by the NHRI – are discussed in Chapter 5. There may, however, be reasonable limitations, including any power of entry applying only to government premises, including detention centres, police stations, military buildings and so on. The right to obtain documents and other relevant evidence The NHRI should have the power to obtain documents. The definition of evidence should be broad enough to include both physical and digital evidence as necessary. All evidence should be provided immediately upon request, unless the NHRI consents to any delay. Obstruction, including, among other things, misleading the NHRI, destroying or altering evidence or preventing or delaying access to people or documents, should be an offence. Where an investigative agency has these powers, it is generally rare that they need to be used because everyone knows they exist. Problems are more likely to arise in jurisdictions where they do not exist or are not clear. CASE STUDY THE NATIONAL HUMAN RIGHTS COMMISSION OF BANGLADESH ADVOCATES FOR JUSTICE IN THE BANANI RAPE CASE In 2017 media reported that two female students of a private university were raped at the Raintree Dhaka Hotel at Banani in the city on March 28, 2017. On May 6, one of the victims went to Banani Police Station to file a case over the incident. Banani Police did not receive their complaints on the first day, but one day later. After being informed by the media of this situation, the National Human Rights Commission took a suo moto on this incident. The NHRC Chairman, NHRC said the Commission would fight for the Banani Rape victims by forming a five-member probe committee to investigate the incident, including the role of the Banani Police Station officers. The Chairman also expressed that the Commission would recommend due punishment for the responsible persons. The probe committee was instructed to conduct a prompt investigation and to submit a report within 15 working days. The probe committee visited the place of occurrence Raintree Dhaka hotel, talked to the managing director of the hotel, made queries on relevant aspects on the incident and collected evidences and testimonies. The probe committee interviewed the Deputy Commissioner, Dhaka Metropolitan Police, Gulshan Division and the Officer-in-charge, Banani Police Station. The Committee also listened to the victims and took their testimonies. At present, the case is under trial in lower Court and all the perpetrators are in jail. Chapter 1: Independence | 17