E/CN.4/1995/34
page 72
376. Ajit Kumar Bhuyan, editor of the Assamese weekly Saadin, a coordinator of
the Human Rights Struggle Committee and a founding member of the Assam Union
of Working Journalists, was reportedly arrested on 5 July 1994 at his home in
Guwahati, Assam, and taken to Chandmari police station. After being held for
several hours he was said to have been moved to an undisclosed location for
interrogation (7 July 1994).
377. On 19 August 1994 the Government replied that Ajit Kumar Bhuyan, arrested
on charges relating to a kidnapping plot, had been remanded to police custody
for 26 days on the day of his arrest by order of the magistrate. He had not
been subjected to any inhuman treatment. Assurance was given that he would be
treated properly during his period of detention.
378. Mohammad Shafi, a journalist based in Srinagar, Jammu and Kashmir, was
being held in Papa II interrogation centre by the Border Security Force (BSF).
He was arrested on 7 December 1994 with Mukhtar Ahmed, correspondent with the
Independent newspaper in the United Kingdom. Mukhtar Ahmed had allegedly been
punched, kicked and threatened by members of the BSF before being released
(9 December 1994).
Observations
379. The Special Rapporteur appreciates the regular responses of the
Government; however, they do not cover all the cases transmitted to them.
He is also aware that India has a highly developed legal system with a
reputation for vigorous independence. This has certainly contributed to the
fact that many of the cases referred to in this and previous reports has led
to some action by way of formal inquiry and disciplinary measures. At the
same time, it is apparent that few incidents, in what is credibly alleged to
be a widespread, if not endemic phenomenon, are prosecuted and even fewer lead
to conviction of the perpetrators. It is also to be noted that very many
cases that come to the attention of the Special Rapporteur are those that
result in death, in other words, those where torture may have been applied
with the most extreme results. This must be a minority of the cases of
torture in the country.
380. Over the two years of his mandate, the Special Rapporteur has been in
contact with the Government, through its Permanent Mission in Geneva, with
a view to obtaining an invitation to visit the country. Those contacts
initially seemed promising, but the Special Rapporteur was eventually told
that a visit would not be opportune. The Special Rapporteur continues to
believe that the situation would justify a visit by him.
Indonesia
Information transmitted to the Government
381. By letter dated 4 July 1994 the Special Rapporteur advised the Government
that he had continued to receive reports indicating that the practice of
torture and other ill-treatment was routine in Indonesia, both with respect to
those persons detained for political reasons and those accused of criminal
offences. Methods of torture were said to include beatings, blindfolding,
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