---------- Forwarded message ----------
From: ACHR REVIEW <achr_review@achrweb.org>
Date: Tue, Apr 13, 2010 at 3:08 PM
Subject: Torture in India 2010
To: suhaschakma@achrweb.org
Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889 25620583
Website: www.achrweb.org; Email: achr_review@achrweb.org
Embargoed for: 13 April 2010
Dear Sir/Madam,
The Asian Centre for Human Rights has the pleasure to share its latest
report, "Torture in India 2010". It is available at:
http://www.achrweb.org/reports/india/torture2010.pdf
The report shows that taking 2000-2001 as the base year, custodial deaths
have increased by 41.66% persons under the United Progressive Alliance
(UPA) government between 2004-2005 and 2007-2008. This includes 70.72%
increase of deaths in prison custody and 12.60% increase of deaths in
police custody.
"It is the 'aam aadmi' (common people) who are the majority victims of
torture and other inhuman and degrading treatment. However, the UPA
government has failed to address the violations of the rights of, mainly,
the aam aadmi." – stated Mr Suhas Chakma, Director, Asian Centre for Human
Rights while releasing the report at the Foreign Correspondent Club.
The ACHR welcomes the fact that the UPA government has taken a number of
measures to address the economic rights of the 'aam aadmi' and problems of
the vulnerable groups through enactment of various legislations such as
the National Rural Employment Guarantee Act, the 'Unorganised Workers'
Social Security Act 2008, the Right to Education Act, the Domestic
Violence Act, the Commission for Protection of Child Rights Act, 2005, the
Forest Rights Act and legislation for 50% reservation for women in local
bodies the panchayats and the current commitment on the Women's
Reservation Bill and the Food Security Bill.
However, the UPA government has failed to show the same alacrity to
legislate against torture. Though the Cabinet approved the decision to
introduce the Prevention of Torture Bill, 2010 before the parliament and
ratify the UN Convention Against Torture, the Bill is being treated as
"state secret".
Among the torture cases in 2009, "Torture in India 2010" highlighted the
torture of American journalist Joel Elliot by the Delhi Police in the
early morning of 6 October 2009. Based on the statement and photographic
evidence, the Asian Centre for Human Rights filed a complaint with the
National Human Rights Commission of India on 12 October 2009 among others
demanding prosecution of the guilty and award of compensation of US$
500,000 to Joel Elliot. The NHRC registered the case (No.
2989/30/8/09-10), and on 29 October 2009 issued notice to the Commissioner
of Police, New Delhi calling for a report within four weeks. Over five
months have passed since the notice was issued, the NHRC in its website as
of 8th April 2010 states that "Response from concerned authority is
awaited."
If an American journalist can be subjected to such torture in the capital
of India, one can imagine the plight of the Indian "aam aadmi".
Joel Elliot was undoubtedly lucky - he was not killed in police custody.
One Vinod Sharma from Gulabi Bagh area of New Delhi whose blackened eyes
swollen with frozen blood – exposing that he was brutally boxed before he
died – was published by The Hindustan Times on 8 April 2010. There are
hundreds of victims of custodial death across the country whose plight
never makes it to the newspapers.
Among the armed opposition groups, the Naxalites or Maoists are the worst
human rights violators and regularly resort to "violence to life and
person, in particular murder of all kinds, mutilation, cruel treatment and
torture" in blatant violation of the International Humanitarian Law. On 11
March 2009, the Maoists dragged Kedar Singh Bhotka (45 years) and his
brother Ganesh Singh Bhotka from their house at Gurudih village under
Katkamsandi police station in Hazaribagh district in Jharkhand. They were
allegedly tied to a tree and tortured by the Maoists. Thereafter, while
Ganesh was released, his brother Kedar, who was a government school
teacher, was killed for being an alleged "police informer".
The Asian Centre for Human Rights believes that impunity is the root cause
of increasing torture. While the government fails to establish
accountability for acts of torture perpetrated by the armed groups like
the Maoists, both the Central government and the state governments also
refuse to provide sanction for prosecution under section 197 of the
Criminal Procedure Code (CrPC). In December 2009, the Bombay High Court
asked the Maharashtra government to explain why it had rejected the state
Criminal Investigation Department (CID)'s plea to prosecute 10 officers of
Mumbai Police in the Khwaja Yunus murder case. The Maharashtra government
had sanctioned the prosecution of four minor officers but let off 10
senior officials despite the CID establishing their roles in the custodial
death of Yunus in January 2003.
In the report, "Torture in India 2010", the Asian Centre for Human Rights
recommended to the Government of India to hold public discussion on the
Prevention of Torture bill, 2010 with all stakeholders including the civil
society groups and enact the same in 2010 itself; implement the
recommendations of the Law Commission of India to make consequential
amendments to the Indian Evidence Act, 1872 (insertion of section 114b) to
provide that in case of custodial death the onus of proving of innocence
is fixed on the police; and repeal section 197 of the Criminal Procedure
Code to uphold the supremacy of the judiciary.
We thought you would find the report of interest.
With kind regards,
Yours sincerely
Suhas Chakma
Director
From: ACHR REVIEW <achr_review@achrweb.org>
Date: Tue, Apr 13, 2010 at 3:08 PM
Subject: Torture in India 2010
To: suhaschakma@achrweb.org
Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889 25620583
Website: www.achrweb.org; Email: achr_review@achrweb.org
Embargoed for: 13 April 2010
Dear Sir/Madam,
The Asian Centre for Human Rights has the pleasure to share its latest
report, "Torture in India 2010". It is available at:
http://www.achrweb.org/reports/india/torture2010.pdf
The report shows that taking 2000-2001 as the base year, custodial deaths
have increased by 41.66% persons under the United Progressive Alliance
(UPA) government between 2004-2005 and 2007-2008. This includes 70.72%
increase of deaths in prison custody and 12.60% increase of deaths in
police custody.
"It is the 'aam aadmi' (common people) who are the majority victims of
torture and other inhuman and degrading treatment. However, the UPA
government has failed to address the violations of the rights of, mainly,
the aam aadmi." – stated Mr Suhas Chakma, Director, Asian Centre for Human
Rights while releasing the report at the Foreign Correspondent Club.
The ACHR welcomes the fact that the UPA government has taken a number of
measures to address the economic rights of the 'aam aadmi' and problems of
the vulnerable groups through enactment of various legislations such as
the National Rural Employment Guarantee Act, the 'Unorganised Workers'
Social Security Act 2008, the Right to Education Act, the Domestic
Violence Act, the Commission for Protection of Child Rights Act, 2005, the
Forest Rights Act and legislation for 50% reservation for women in local
bodies the panchayats and the current commitment on the Women's
Reservation Bill and the Food Security Bill.
However, the UPA government has failed to show the same alacrity to
legislate against torture. Though the Cabinet approved the decision to
introduce the Prevention of Torture Bill, 2010 before the parliament and
ratify the UN Convention Against Torture, the Bill is being treated as
"state secret".
Among the torture cases in 2009, "Torture in India 2010" highlighted the
torture of American journalist Joel Elliot by the Delhi Police in the
early morning of 6 October 2009. Based on the statement and photographic
evidence, the Asian Centre for Human Rights filed a complaint with the
National Human Rights Commission of India on 12 October 2009 among others
demanding prosecution of the guilty and award of compensation of US$
500,000 to Joel Elliot. The NHRC registered the case (No.
2989/30/8/09-10), and on 29 October 2009 issued notice to the Commissioner
of Police, New Delhi calling for a report within four weeks. Over five
months have passed since the notice was issued, the NHRC in its website as
of 8th April 2010 states that "Response from concerned authority is
awaited."
If an American journalist can be subjected to such torture in the capital
of India, one can imagine the plight of the Indian "aam aadmi".
Joel Elliot was undoubtedly lucky - he was not killed in police custody.
One Vinod Sharma from Gulabi Bagh area of New Delhi whose blackened eyes
swollen with frozen blood – exposing that he was brutally boxed before he
died – was published by The Hindustan Times on 8 April 2010. There are
hundreds of victims of custodial death across the country whose plight
never makes it to the newspapers.
Among the armed opposition groups, the Naxalites or Maoists are the worst
human rights violators and regularly resort to "violence to life and
person, in particular murder of all kinds, mutilation, cruel treatment and
torture" in blatant violation of the International Humanitarian Law. On 11
March 2009, the Maoists dragged Kedar Singh Bhotka (45 years) and his
brother Ganesh Singh Bhotka from their house at Gurudih village under
Katkamsandi police station in Hazaribagh district in Jharkhand. They were
allegedly tied to a tree and tortured by the Maoists. Thereafter, while
Ganesh was released, his brother Kedar, who was a government school
teacher, was killed for being an alleged "police informer".
The Asian Centre for Human Rights believes that impunity is the root cause
of increasing torture. While the government fails to establish
accountability for acts of torture perpetrated by the armed groups like
the Maoists, both the Central government and the state governments also
refuse to provide sanction for prosecution under section 197 of the
Criminal Procedure Code (CrPC). In December 2009, the Bombay High Court
asked the Maharashtra government to explain why it had rejected the state
Criminal Investigation Department (CID)'s plea to prosecute 10 officers of
Mumbai Police in the Khwaja Yunus murder case. The Maharashtra government
had sanctioned the prosecution of four minor officers but let off 10
senior officials despite the CID establishing their roles in the custodial
death of Yunus in January 2003.
In the report, "Torture in India 2010", the Asian Centre for Human Rights
recommended to the Government of India to hold public discussion on the
Prevention of Torture bill, 2010 with all stakeholders including the civil
society groups and enact the same in 2010 itself; implement the
recommendations of the Law Commission of India to make consequential
amendments to the Indian Evidence Act, 1872 (insertion of section 114b) to
provide that in case of custodial death the onus of proving of innocence
is fixed on the police; and repeal section 197 of the Criminal Procedure
Code to uphold the supremacy of the judiciary.
We thought you would find the report of interest.
With kind regards,
Yours sincerely
Suhas Chakma
Director
--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/
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