1,493 custodial deaths during 2004 -2005, India’s National Human Rights Commission

Custodial Torture is rampant in India

The National Conference stated the statistics of torture as provided by National Human Rights Commission such as 1,493 custodial deaths, including 136 deaths in police custody and 1,357 deaths in judicial custody during 2004-2005 represent only minuscule of the cases of torture in India.

New Delhi, June 25 : The “National Conference on Prevention of Torture in India” organized today by Asian Centre for Human Rights urged the Government to create national law to prohibit and prevent torture.

Participants at the seminar said that the onus should be put on the accused law enforcement personnel for putting in place guarantees for the protection of the victims and witnesses of torture.

The National Conference also called for the repeal of laws which facilitate the perpetration of torture, ratify the United Nations Convention Against Torture and extend an invitation to the UN Special Rapporteur on Torture to visit India.

The inaugural session of the National Conference was addressed by P C Sharma, former Director of the Central Bureau of Investigation and Member of the National Human Rights Commission of India, Parimal Bardan of the Delegation of the European Commission to India and Larry Maybee, Regional Legal adviser of the International Committee of the Red Cross.

With 19 out of 28 States of India presently being afflicted by internal armed conflicts, violence and torture by the security forces and the armed opposition groups have become more blatant, acute and rampant.

The armed opposition groups are responsible for barbaric torture such as chopping off tongues, firing at legs and mutilation of the body parts in order to create fear. Often victims are brutally tortured in full public view and then sentenced to deaths by the so called Jana Adalats. The International Committee of the Red Cross must be permitted to ensure the respect for the Additional Protocol II to the Geneva Conventions on Non-International Armed Conflicts.

The National Conference also censured India’s continued refusal to extend an invitation to the UN Special Rapporteur on Torture.

The National Conference also urged the Government of India to implement recommendations of the Justice (retd) Jeevan Committee to Review the Armed Forces Special Powers Act of 1958 and to do away with the regime of impunity by repealing Sections 45 and 197 of the Criminal Procedure Code which make it mandatory to seek prior permission of the governments for prosecution of the law enforcement personnel accused of human rights of violations.

Monday 25th June, 2007 (ANI)

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