(25)
While acknowledging the establishment of human rights cells in the security forces, the Committee is
concerned about the lack of an independent body able to conduct investigations into acts of torture and ill-treatment
committed by law enforcement personnel.
The State party should establish an independent body to investigate acts of torture and ill-treatment
committed by law enforcement personnel. The State party should provide to the Committee information
on the mandate, role, composition and jurisprudence of the special police courts.
Marginalized and disadvantaged groups or castes
(26)
Despite the State party’s acknowledgment that caste discrimination exists in the country and the creation of the
National Dalit Commission, the Committee is gravely concerned about the continued deeply rooted discriminatory
practices committed on a large scale against marginalized and disadvantaged groups or castes such as the Dalits. The
Committee is also concerned that the long-standing pattern of caste discrimination is being further entrenched by the
current conflict in the country.
The Committee reaffirms that it is the duty of the State party to protect all members of society, in
particular citizens belonging to marginalized and disadvantaged groups or castes, such as the Dalits.
The State party should take specific steps to safeguard their physical integrity, ensure that accountability
mechanisms are in place guaranteeing that caste is not used as a basis for abuses, unlawful detention and
torture, and take steps to ensure more diverse caste and ethnic representation in its police and security
forces. The State party should include information on caste discrimination in its next periodic report.
Gender-based violence
(27)
The Committee is concerned about continued allegations of gender-based violence and abuse against women
and children in custody, including acts of sexual violence by law enforcement personnel.
The State party should ensure that procedures are in place to monitor the behaviour of law enforcement
officials, and should promptly and impartially investigate all allegations of torture and ill-treatment,
including sexual violence, with a view to prosecuting those responsible. The State party should provide
to the Committee a list of cases of gender-based violence and abuse against women and children in
custody that have been investigated and prosecuted, and the perpetrators punished.
Right to complaint
(28)
The Committee is concerned about:
(a)
The fact that the burden of proof is on the victims of acts of torture, under rules provided for in the
Compensation Relating to Torture Act of 1996, and that the statute of limitation for complaining about acts of torture
and instituting proceedings for compensation under TADO is 35 days;
(b)
Alleged reprisals against and intimidation of persons reporting acts of torture, in the forms of rearrests
and threats, and the lack of witness protection legislation and mechanisms (art. 13).
Therefore, the State party should:
(a)
Make available to victims of torture the conclusions of any independent inquiry in order
to assist them in pursuing compensation claims. The State party should amend its current and planned
legislation so that there is no statute of limitation for registering complaints against acts of torture and
that actions for compensation can be brought within two years from the date that the conclusions of
inquiries become available;
36
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