The Human Rights Division (HRD) is responsible for addressing alleged violations of rights outlined in Chapter II of the Constitution. Since 2013, following an amendment to the Criminal Appeal Act, the HRD has been empowered to refer criminal convictions to the Supreme Court for review if convicted individuals present fresh and compelling evidence to challenge their convictions. 

Functions of the HRD 

According to section 4 of the Protection of Human Rights Act 1998, The HRD may, without prejudice to the jurisdiction of the Courts or the powers conferred on the Director of Public Prosecutions or the appropriate Service Commission – enquire into any written complaint from any person alleging that any if his human rights has been, is being or is likely to be violated by the act or omission of any other person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public body

Definition of a ‘Public Body’

“Public Body” means —

     (a) a Ministry or Government department;

     (b) a local authority;

     (c) a statutory corporation;

     (d) any other company, partnership or other entity of which the Government or an agency of the Government is, by the holding of shares or some            other financial input or in any other manner, in a position to influence the policy of decisions;

According to PHRA,

HRD focuses its investigations on breaches of human rights as set out in Chapter II of the constitution. These rights include:

     1. Protection of the right to life

     2. Protection of the right to personal liberty

     3. Protection from slavery and forced labour

     4. Protection from inhuman treatment

     5. Protection from deprivation of property

     6. Protection for privacy of home and other property

     7. Provisions to secure protection of law

     8. Protection of freedom of conscience

     9. Protection of freedom of expression

           10. Protection of freedom of assembly and association

           11. Protection of freedom to establish schools

           12. Protection of freedom of movement

           13. Protection from discrimination in the public sector on grounds such as race, caste, place of origin, political opinion, colour, creed, or sex.

      Application by convicted person for reference to Court under Criminal Appeal Act

    Notwithstanding the Protection of Human Rights Act 1998, a convicted person, or his representative, may apply to the HRD in such  form as may be prescribed, for an enquiry to be conducted as to whether there exists sufficient fresh and compelling evidence for a review of the proceedings under section 9 (2)  (a) of the Criminal Appeal And Criminal Review Act. 

      On receipt of an application under the above, the HRD shall — 

           (a) conduct such preliminary investigation as it considers necessary;

           (b) determine, within a period of 30 days from receipt of the application, whether it will conduct an enquiry into the matter; and 

           (c) inform the convicted person, or his representative, accordingly. 

      The HRD shall, without prejudice to its other powers under this Act, conduct the enquiry in such manner as it considers appropriate and shall, as far as practicable, complete its enquiry within 6 months from receipt of the complaint.

      On completion of the enquiry, the HRD may —

           (a) grant the application and refer the conviction to the court of Criminal Appeal in accordance with section 9 (2) (a) of the Criminal Appeal And                Criminal Review Act; or

           (b) reject the application,

           (c) inform the convicted person, or his representative, accordingly.