appear to make him particularly vulnerable to the risk of being tortured. is not practised in all parts of India and that the author would therefore not be at risk. 11.4 The State party acknowledges that the human rights record of India is of concern but underlines that the situation, particularly in the Punjab, has improved significantly over the two years preceding the State party’s submission. 11.8 The State party further argues that there is no evidence that the author has been tortured by Indian authorities in the past or since his return to India. It refers to press articles stating that the author has not been subjected to torture during questioning, Indian authorities being very conscious of the international scrutiny of their treatment of the author.5 11.5 According to the State party, several measures have been taken to ensure greater respect for human rights in India since the Government took office in June 1996. The signing by India of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 14 October 1997, indicates its intention to take steps to prevent and sanction any acts of torture occurring in the territory. Even though the State party acknowledges the human rights abuses, including “disappearances”, perpetrated by the Punjab police between 1984 and 1995, reliable sources of information attest to significant progress since 1995 in “reigning in” the Punjab police and providing redress to victims of earlier abuses. According to the United States Department of State, “the pattern of disappearances prevalent in the early 1990s appears to be at end” and action has been taken against several of the police officials implicated.2 11.9 It is also submitted by the State party that Indian authorities would not have any opportunity to torture the author since he has already been convicted and served his sentence. India has indeed assimilated the principle of non bis in idem both in its Constitution and by adhering to the International Covenant on Civil and Political Rights which sets out the principle in article 14 (7). The fact that there are no new charges against the author is also consistent with the fact that India has not requested the author’s extradition. Finally, the State party mentions that the Deputy Commissioner of Police has confirmed in the press that no action could be taken against the author since he has already been convicted and served his sentence. 11.10 With regard to the affidavit of the author’s niece, the State party claims that it constitutes hearsay in that she repeats statements she believes the author made. Furthermore, the statement of the niece that “the CBI investigator then threatened [her] uncle that they would stay around him”, even if true, would not be totally unreasonable given the past history of the author and does not demonstrate a risk of torture. Moreover, the State party argues that the facts presented in the affidavit do not amount to “mental torture” as they do not meet the requirements of article 1, paragraph 1, of the Convention. The Indian authorities have indeed not committed any act with the intention of causing the author severe mental pain or suffering. 11.6 The State party also refers to other documentation supporting the contention that while in the late 1980s and early 1990s human rights violations by the police were tolerated and overlooked by the Government, steps have since been taken to ensure that perpetrators do not go unpunished. 3 An indication of this change is the revival of many cases against Punjab police officers which had been pending before the Supreme Court for many years and the initiation of recent investigations led by the Central Bureau of Investigation (CBI). These actions confirm that impunity for the Punjab police has come to an end and although some violations might still occur, the probability of future cases of disappearances involving the Punjab police is very small. 4 It is finally noted that judicial protection for detained or arrested persons has improved. A person who claims to have been arrested arbitrarily will be able to inform a lawyer and have access to the courts. 11.11 Concerning the reference in the original communication to the 1990 killing of two acquitted hijackers who attempted to enter India, the State party does not see the relevance of this event to the present case and does not see any similarity between them. The State party emphasizes the absence of similarity between the cases in that the author has not presented evidence of any risk to his family members whereas in the other case, the family had suffered continuous harassment by the Indian authorities. The author quotes a Canadian CIC case officer according to whom the author would be “dealt with harshly, possibly because of hijacking of the Indian plane” if he were to return to India. The 11.7 With reference to the above-mentioned sources, the State party considers that torture is not currently prevalent in Punjab. The same documentary evidence also demonstrates that torture 2 United States State Department, India-Country Report on Human Rights Practices for 1996. 3 Documentation, Information and Research Branch, Immigration and Refugee Board, “India: Information from Four Specialists on the Punjab”, Ottawa, 17 February 1997. 4 Ibid. 5 “Hijacker OK in the old country: An Indo-Canada newspaper reports an assurance that Tejinder Pal Singh will be safe in India”, Vancouver Sun, 5 January 1998. 57