A/HRC/28/68/Add.1
196. The Special Rapporteur regrets that the Government of India has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
197. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of India, by failing to prevent violence on the part of Border
Security Forces, and protect the physical and psychological integrity of Mr. A, Mr. Mondal
Chhanarul, Mr. Sardar Majim, Mr. Molla Boltu, Mr. Mondal Rajan, Mr. Golam Mostafa,
Mr. Islam Sariful, Mr. Jiyad Ali Gazi, Ms. Kunuwara Bibi, Ms. Sujar Bibi and Ms. Talisma
Bibi, has violated their right to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT.
198. The Special Rapporteur urges the Government of India to break the cycle of impunity
for acts of this nature by its security forces, by complying with its international obligation
to investigate, prosecute and punish every act of torture or ill-treatment.
(b)
JAL 10/01/2014 Case No. IND 1/2014 State Reply: 17/01/2014 Allegations concerning
the death in custody of Mr. A, aged 24, citizen of India, resident of B village,
Jhunjhunu district, Rajasthan, India.
199. The Special Rapporteur thanks the Government of India for its reply, dated
10.01.2014, to the present communication.
200. The Special Rapporteur regrets that the Government of India has not provided any
substantive reply to the present communication, thereby failing to cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its
obligation, under international customary law, to investigate, prosecute and punish all acts
of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter
alia, in the Convention against Torture (CAT).
201. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of India failed to investigate the claim of torture in detention
resulting on the death of the victim, and statements made under torture against him. India
thereby has failed to protect individuals held in custody from torture and mistreatment, and
by refusing Mr. A access to his family and his lawyer, has violated his right to be free from
torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the
CAT.
(c)
JAL 01/07/2014 Case No. IND 4/2014 State Reply: None to date Allegations of gang-rape
and murder of Ms. X and Ms. Y, two teenage Maurva girls in the village of
Saadatgani (Badaun District of Uttar Pradesh).
202. The Special Rapporteur regrets that the Government of India has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
203. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above and
thus, that the Government of India, by failing to investigate the alleged kidnappings, rapes,
and murders of Ms. X and Ms. Y because they were of a lower caste, has violated their
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