E/CN.4/1996/35/Add.1
page 49
without elaborating upon the evidence on which the conclusion was based. The
Human Rights Cell, established by the Jammu and Kashmir State Government in
June 1994, was reportedly headed by an inspector-general of police who is also
in charge of the Kashmir intelligence service and also incorporates members of
the paramilitary forces and army who themselves have been accused of
committing serious human rights violations.
242. Torture victims or their relatives have reportedly had difficulty in
filing complaints because local police were issued instructions not to file a
first information report (FIR) without the permission of higher authorities.
In addition, section 7 of the Armed Forces (Jammu and Kashmir) Special Powers
Act provides that unless approval is obtained from the central Government,
"(n)o prosecution, suit or other legal proceeding shall be instituted ...
against any person in respect of anything done or purported to be done in
exercise of the powers of the Act". This provision was said to allow the
security forces to act with virtual impunity.
243. Doctors treating torture victims in Jammu and Kashmir were reported to
have observed numerous cases of acute renal failure and to have named the
phenomenon "physical torture nephropathy". The direct cause of the renal
failure is a combination of dehydration during torture and the breakdown of
soft tissue. The condition may lead to chronic kidney damage or even death.
One common means of torture reported is "the roller", whereby the victims are
forced to lie on their backs and a round pole is rolled over their legs and
bodies with substantial force, often by two officials standing on each end of
the pole and "walking" it over the victim. Rape was said to be carried out
frequently to punish women suspected of being sympathetic or related to
alleged militants and to intimidate the local population. Other methods of
torture reported include beatings, forced distortion of joints, application of
electric shocks, suspensions, burns, insertion of metal objects in the body,
plunging into freezing water, dousing with boiling water, amputation of body
parts such as fingers, and mock executions.
244. In a reply dated 8 December 1995, the Government informed the Special
Rapporteur of the existence in India of various legal provisions which
provided safeguards against the use of torture. These provisions include:
the constitutional right of a person subjected to torture to move the higher
courts for a remedy; the requirement under the Criminal Procedure Code that
the police register and investigate complaints of torture; the right of an
arrested person under the Code to receive a medical examination upon request
to a magistrate; the inadmissibility in court of confessions to police
officers and the requirement that a magistrate ensure that confessions or
statements made by an accused are voluntary; the mandate under the Code for an
inquiry be conducted by a magistrate into any death in police custody; and the
prohibition under the Code of causing hurt to extort confessions or
information from a person. The Government was at present considering making
legal provisions for payment of financial relief to victims or their families
of certain custodial crimes and the courts had in certain cases ordered such
payments to be made. In addition, the National Human Rights Commission had
made several recommendations for such compensation, which had been accepted by
the Government.
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