Annual Report of The National Council for Human Rights

Cont. - Chapter Four

Grievances

After receiving and recording the complaints as well as identifying the concerned entities, the NCHR addressed governmental authorities and institutions, local administrations and civil society organizations, including vocational syndicates and NGOs, to exert all possible efforts to look into such complaints and deliver justice to the complainants, as well as to advise the NCHR of their investigation results, their means of delivering justice and making amicable settlements.
Both the NCHR and the competent authorities have cooperated to lay certain objective rules to be followed in the investigation and settlement of the cases displayed and demands made by complainants, the purpose of which is to ensure the application of the best means for delivering justice to such complainants. Such rules include the following:

- Procedures followed worldwide in this regard include notifying the concerned entity causing the violation of the main contents of the complaints in an application specifically set for this purpose, maintaining the anonymity of the complainant These procedures allow for the protection and safety of the complainant from any persecution that may be exercised against him by such concerned entity..

- The NCHR however did not use these procedures owing to the unavailability of the relevant standardized software as yet, nonetheless, it obtained an undertaking from the concerned employers to solely focus on the demands and forms of violations against human rights, while disregarding verbal assaults and non-objective forms of criticism made by complainants against such concerned entities or their agents.

- The NCHR had not set a specific timeframe for the concerned entities to reply or take action regarding the complaints. The aim was to give such entities enough time for looking into such complaints, investigating the facts and allegations stated in them.

- The unspecified time limit was also meant for those concerned to prepare their replies, whether including any justifications for taking any action, refuting the demands or allegations of the complainants, or demonstrating the procedures taken by such entities for delivering justice to the complainants.
Due to the occurrence of many cases where the concerned entities would linger in delivering their replies to the NCHR's inquiries, while impatiently await the results reached, the NCHR set a time limit for such concerned entities to deliver their replies as well as a system for expediting.
The NCHR would first send an expediency notice, which would usually be sent after the lapse of fifteen days from the date of addressing the concerned entity . In case of no reply within one week from the date of the said first notice, then a second notice would be sent to the concerned entity.
Nonetheless, some entities felt they were not obliged to reply to the NCHR out of their disbelief in the significance of the NCHR's role in delivering justice to complainants. However, a small margin of such entities has begun to change its stand since January and mid February 2005, particularly after the media's highlighting of the NCHR's role in enhancing and defending human rights against any entity or institution, whatever was its ranking and whoever was in charge of it.

- Complaints which were of urgent nature, collective complaints as well as complaints concerning dangerous humanistic effects, were given priority. Speedy action was taken in such cases by forwarding complaints promptly to competent entities, via facsimile or addressing more than one concerned entity with the problem or issue at hand in order to reach a rapid solution to stop the negative consequences resulting from the problem.
An example is a complaint submitted stating that a senior public servant threatened the residents of a building, who had constructed it on state-owned land and had resided there for thirty years, either to immediately evacuate such building or pay the price of such land in cash according to present price rates The residents decided to stay-in-strike and fast until this issue was resolved.
Upon receiving this complaint, the NCHR contacted the head of the concerned governmental authority and the relevant governor. The head of such entity, the relevant governor and the representatives of these complaints met and reached a settlement. They agreed that the complainants would pay the price of such land in installments throughout a period reaching 15 years and that the price would be reduced by 15% of the current price range applied in that area.
Another example was the NCHR's contact of the officials at the Ministries of Interior and Higher Education as well as those in Cairo and Ain Shams Universities in order to allow students imprisoned or detained to take their mid-term exams and to expedite the replies of said officials.
The Ministry of Higher Education allowed the formation of a special committee for examining such students in prison since the Ministry of Interior refused that they take such exams at their universities for security reasons and out of fear that they may escape.

- Complaints submitted by individuals and civil society organizations which do not fall under the NCHR's jurisdiction, were given equal attention to those complaints falling under the NCHR's competence. Such irrelevant complaints were transferred by the Council to the relevant authorities for conducting the necessary investigations, reaching settlements in their regard and advising the NCHR on the steps taken for delivering justice to the complainants.
Such complaints included those concerning court cases being tried, the amendment of some Articles of the Drugs Law, in addition to requests of legal assistance. These complaints were referred to competent authorities such as the Ministry of Justice, civil society organizations and NGOs specialized in providing legal assistance.

Table 4
No. of Correspondences sent by the Council to the Competent Authorities For Taking Action regarding Complaints and Delivering Justice and Replies Given

a- Ministries and similar bodies: