E/CN.4/1996/35/Add.1
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incorrect to say that he had been forced to stand on the snow for six hours
during his interrogation. No case had been registered on behalf of Bashir
Ahmad Mir.
325. The Special Rapporteur also informed the Government that a source of
allegations had commented on the reply the Government had sent to the Special
Rapporteur on 23 November 1994 with respect to some general issues regarding
the question of torture in the country. With regard to the constitution of
the National Human Rights Commission (NHRC), the source contended that
although the NHRC had determinedly pursued a number of complaints, it had
generally failed to inform human rights organizations as to the outcomes of
the individual complaints they had submitted. Concern was also expressed at
the exceedingly limited jurisdiction the NHRC could exercise in Jammu and
Kashmir, where the majority of serious human rights allegations involved the
army and paramilitary forces, bodies excluded from NHRC jurisdiction. The
source welcomed the Government’s proposed amendments to the Code of Criminal
Procedure in May 1994 (see E/CN.4/1995/34, para. 344), but observed that
Parliament had yet to adopt the proposals. With respect to lack of access to
lawyers by detainees in Bombay, the source pointed out that language in the
Bombay Police Manual that access to lawyers can be refused "when there is
reason to believe that the ends of justice might be defeated or might suffer
by such access" is excessively broad and seemed to contravene rulings by the
Supreme Court on the issue. The source also stressed that, contrary to the
representation of the Government, many detainees in practice are not brought
before a magistrate within 24 hours of arrest and indeed some are released
after several days without having seen a magistrate at all. This practice was
said to create conditions which facilitate torture.
326. In its reply of 8 December 1995, the Government stressed that, with
respect to the allegation that the above-cited instruction from the Bombay
Police Manual might contravene the Constitution, any administrative order in
contravention of the Constitution was justiciable and could be challenged in
the courts. The Government also repeated its assertion that under law
detained persons must be brought before a magistrate within 24 hours of arrest
and that police officers not following this requirement would be liable for
infringement of law. Remedies, including writs of habeas corpus, were
available to any person arbitrarily detained.
327. Clarification and follow-up information was also sought by the Special
Rapporteur in the cases of Sherpal, S. Pochamma, Khader Baba, Begum Sara,
Gyani Ram, Babu Iqbal, Dilbagh Singh, Wilson, Ram Singh, Bhagwan Dass,
Satyavan, Bhura Hartan Medhan, Vidyadharan, and N. Venkatesan (see
E/CN.4/1995/34, paras. 325, 328, 329, 337, 350, 351, 352, 354, 355, 357, 360,
362, 365 and 368). With respect to many of these cases, the source expressed
concern that inquiries and other proceedings were ongoing for prolonged
periods without resolution. In the case of Begum Sara, the source observed
that while the Government had replied that "no clue was found regarding the
cause of the death of the deceased", the post-mortem had in fact found "marks
of violence on (the) neck, breasts, left knee and there was a massive vulval
edema and extensive vaginal tear ... Death was due to asphyxia due to
ligature put on her neck and a constant power applied." The source was also
concerned that no investigation by an impartial and independent body appeared
to have been carried out with respect to the death in custody of Bhagwan Dass.
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