E/CN.4/1995/34
page 64
339. The Special Rapporteur sent an additional letter on 10 October 1994
advising the Government he had continued to receive information according to
which torture by the police, the paramilitary and the army was pervasive in
each of the 25 States of India. A significant number of detained persons were
said to have died as a result of police torture, most of them criminal
suspects who had been tortured in order to extract confessions or other
information. Torture was also said to have been employed in order to carry
out "instant punishment" as a surrogate for judicially imposed punishment,
which was commonly perceived by many police officers as cumbersome and
ineffective. A further alleged motive for torture was to secure bribes. The
information indicated a high incidence of cover-ups with regard to torture
cases involving senior police, State officials, magistrates, and members of
the medical profession.
340. Redress by torture victims or their families was reported to be difficult
to obtain, as in most cases no decisive action would be taken by authorities
to investigate or bring the perpetrators to justice. In many instances,
alleged perpetrators were suspended or transferred, but few police officers
were charged and even fewer were convicted for the torture of detainees in
police custody. Magisterial inquiries, which are legally obligatory in all
cases of custodial deaths, were said frequently not to be held, and when they
were held their reports were said to be often inconclusive and rarely made
public. The magistrates were said to have limited power of investigation and
were forced to rely on evidence provided by the police.
341. The National Human Rights Commission (NHRC), established by presidential
ordinance in September 1993, reportedly lacked independent investigative
machinery, having to rely on investigative staff provided by the Government
who operated under the supervision of the Director-General of Police. The
Commission was said to have taken a number of constructive measures, such as
issuing a directive to district magistrates and superintendents of police to
report all cases of custodial deaths and rape involving the police to the
Commission within 24 hours of their occurrence or of the case having come to
their knowledge. The mandate of the Commission, however, was reportedly
limited to asking for a report from the Government on alleged human rights
violations and there was no obligation on the part of the Government to
proceed with or to publish any of the Commission’s recommendations. The
Government was said to be considering adoption of a legal amendment that would
provide for judicial inquiries into all cases of deaths in custody.
342. Particular allegations were received with regard to police procedures
in Bombay. It was alleged that a substantial number of persons were held in
Bombay police stations without any record of their detention being made by the
police. The practice of unrecorded police detentions was said to be conducive
to torture and ill-treatment. Many detainees were reportedly held well beyond
the 24-hour period within which a person must be brought before a magistrate,
and many were never brought before a magistrate at all. Despite
constitutional guarantees of the right to consult with a lawyer during
interrogation, lawyers were said to be routinely denied access to persons
held in police custody. Relatives of detainees were also reported to be
denied such access. Such incommunicado detention was said to be conducive to
torture. In addition, magistrates reportedly are able to remand a person to
police custody for up to 15 days and thereafter to judicial custody for up
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