Annex E
HUMAN RIGHTS VIOLATIONS IN INDIA
US STATE DEPARTMENT
2005 REPORT
The US State Department in its latest India
Country Report points out that numerous serious problems remain
in India. "Significant human rights abuses included: Extrajudicial
killings, including faked encounter killings, custodial deaths
throughout the country, and excessive use of force by security
forces . . . ; torture and rape by police and other agents of
the Government; poor prison conditions; arbitrary arrest and incommunicado
detention . . . ; continued detention throughout the country of
thousands arrested under special security legislation; lengthy
pre-trial detention without charge; prolonged detention while
undergoing trial; occasional limits on freedom of the press and
freedom of movement; harassment and arrest of human rights monitors."
The report also refers to; "Punjab's Human
Rights Commission (PHRC) in 2002-3 received 995 complaints of
human rights violations." It further states: "During
the year, Human Rights Watch (HRW) commended the Committee for
Coordination of Disappearances in Punjab (CCDP), a Punjab-based
human rights organization, for its 634-page report documenting
672 of the `disappearance' cases currently pending before the
National Human Rights Commission."
Press statements from Human Rights Watch and Amnesty
International
Human Rights Watch (HRW) and Amnesty International
both continue to issue press statements on the human rights situation
in India. Human Rights Watch in its press statement "India:
Prosecute Killers of Sikhs—End two decades of impunity"
called for an end to political protection for organisers of violence
against tens of thousands of Sikhs. Amnesty International in its
press statement "India: Punjab—Twenty years on impunity
continues" urged the Indian authorities to ensure that the
perpetrators of the violence carried out against the Sikh community,
in 1984, be brought to justice. Amnesty International also called
on the Indian authorities "to end impunity for perpetrators
of human rights violations carried out in Punjab state between
the mid 1980's and 1990's. Until justice is delivered to victims
and their families the wounds left by this period remain open."
Amnesty International report—India: Break
the cycle of impunity and torture in Punjab
Amnesty International issued a 60-page report
"India: Break the cycle of impunity and torture in Punjab."
This detailed the torture and custodial violence that continues
to be regularly reported in Punjab. Amnesty International found
that regular incidents of torture and custodial violence in the
Punjab occur even today.
The Amnesty International report highlighted
the continuation of serious human rights violations due to the
way the police and the criminal justice system function in Punjab.
Amnesty pointed to the fact that virtually none of the police
officers responsible for a range of human rights violations—including
torture, deaths in custody, extra-judicial executions and "disappearances"
have been brought to justice, creating an atmosphere in which
state officials appear to believe that they can violate people's
fundamental rights with impunity.
Amnesty International pointed out that "thousands
of families were still waiting to know the fate of relatives who
have `disappeared'. Until justice and truth is delivered to these
families, the wounds . . . will remain open." Amnesty issued
a Public Statement expressing solidarity with the families of
those disappeared in Punjab.
Human Rights Advisory Group 2004 report—Twenty
years on—A call for action
The Human Rights Advisory Group of the Panjabis
In Britain All-Party Parliamentary Group recently released a report
"Twenty years on—A call for action". The report
reflects the views of UK MPs. At the launch of the report one
MP describing the report said "it's horrifying, it chills
your blood and it's worth reading, it's a very sobering report".
The report concludes by recommending the following
measures be taken by the international community:
— A UN investigation should be set
up to investigate the persistent failure of successive Indian
Governments to ensure the prosecution of those alleged to be responsible
for to the killings and destruction. That UN initiative should
require the Indian authorities to:
— Take action against those responsible
including proportionate criminal sanctions
— Ensure that the victims (or their
families) are adequately compensated and provided for
— Appropriate sanctions (trade and
diplomatic) should be applied, both by the UN and by individual
states, in case of default by the Indian authorities in relation
to these UN requirements.
— All Governments should ensure that
those reportedly responsible for these gross human rights violations
are denied entry to their respective States until such time they
have been subjected to the due processes of investigation and
criminal proceedings. Failure to do this will encourage a sense
of impunity for the perpetrators. If any such persons are found
to have entered the territory of any State, consideration should
be given to prosecuting those persons under applicable local and
international law.
— Threats of violence and intimidation
against those championing the rights of the victims and their
families and seeking prosecution of the guilty should be roundly
condemned. The international community must require India to secure
the safety of human rights defenders so that justice can be done.
The recommendations in this report demonstrate
the strength of feeling of UK Members of Parliament from all the
main political parties about the need for action against India.
October 2006
| 
