palashcbiswas,
gostokanan, sodepur, kolkata-700110 phone:033-25659551
From: Sukla Sen <sukla.sen@gmail.com>
To: Samuhik Khoj <samuhik-khoj@yahoogroups.com>; IHRO <ihro@yahoogroups.com>; peoples media <mediainitiative@yahoogroups.co.in>; issueonline <issuesonline_worldwide@yahoogroups.com>; india-unity@yahoogroups.com; greenyouth <greenyouth@googlegroups.com>
Sent: Wednesday, 22 July, 2009 8:14:35
Subject: [IHRO] Report of the National Conference on the Prevention of Torture Bill, 2008
From: ACHR REVIEW <achr_review@ achrweb.org>
Date: Tue, Jul 21, 2009 at 3:41 PM
Subject: Report of the National Conference on the Prevention of Torture Bill, 2008
Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889 25620583
Website: www.achrweb. org; Email: achr_review@ achrweb.org
Embargoed for: 21 July 2009
Dear Sir/Madam,
Asian Centre for Human Rights has the pleasure to share its "Report of the
National Conference on the Prevention of Torture Bill, 2008" which is
available at:
http://www.achrweb. org/reports/ india/India- Anti-Torture- Bill-2009. pdf
The report among others contains
I. An Open Letter to the Members of Parliament of Lok Sabha and Rajya Sabha
II. Recommendations of the National Conference in the form of a model
"Prevention and Punishment of Torture, Bill 2009"
III. Prevention of Torture Bill, 2008 as drafted by the government of India
The report was submitted to various Members of Parliament today seeking
their interventions with the Prime Minister of India to place the
Prevention Torture Bill before the Parliamentary Standing Committee after
necessary modifications to comply with the UN Convention Against Torture
(UNCAT). The Ministry of External Affairs has drafted the "Prevention of
Torture Bill, 2008" in order to "ratify the UNCAT and to provide for more
effective implementation."
Since the National Human Rights Commission (NHRC) issued the guidelines to
report custodial death cases within 24 hours in December 1993, the NHRC
recorded the custodial deaths of 16,836 persons or an average of 1203
persons per year during 1994-2008. These included 2,207 deaths in police
custody and 14,629 deaths in judicial custody.
ACHR asserted that the number of custodial deaths in India have been
rising consistently
with 1,037 custodial deaths in 2000-2001; 1,305 in 2001-2002; 1,340 in
2002-2003; 1,462 in 2003-2004; 1,493 in 2004-2005; 1,730 in 2005-2006;
1,596 in 2006-2007 and 1,977 in 2007-2008.
The National Conference called upon the government of India to expand the
definition of torture to conform to the obligations of the UNCAT. Despite
the widespread prevalence of custodial death resulting from torture, the
Prevention of Torture Bill, 2008 makes no reference to death as a result
of torture.
The National Conference rejected proposed maximum punishment of 10 years
imprisonment for torture as highly inadequate given cases of torture to
death.
The National Conference on the Prevention of Torture Bill, 2008 also
rejected the six months limitation from the date on which the offence of
torture is alleged to have been committed for taking cognizance.
The National Conference recommended that the proposed Act should be
renamed as "Prevention and Punishment of Torture Act" and further made
specific recommendations to ensure compliance with the UN Convention
Against Torture and include provisions, in particular, ensuring that an
order from a superior officer or a public authority may not be invoked as
a justification for committing torture (Article 2); establishing
jurisdiction over acts of torture committed by or against a party's
citizens (Article 4); ensuring that torture is an extraditable offence
(Article 8); establishing universal jurisdiction to try cases of torture
where an alleged torturer cannot be extradited (Article 5); providing
mechanism to promptly investigate any allegation of torture (Articles 12 &
13); providing an enforceable right to compensation to the victims of
torture (Article 14); banning the use of evidence obtained through
torture in the courts (Article 15); and barring deportation, extradition
or refoulement of any person where there are substantial grounds for
believing she/she will be subjected to torture (Article 3).
We thought you would find the Report of interest.
With kind regards,
Yours sincerely
Suhas Chakma
Director
Date: Tue, Jul 21, 2009 at 3:41 PM
Subject: Report of the National Conference on the Prevention of Torture Bill, 2008
Asian Centre for Human Rights
[ACHR has Special Consultative Status with the UN ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889 25620583
Website: www.achrweb. org; Email: achr_review@ achrweb.org
Embargoed for: 21 July 2009
Dear Sir/Madam,
Asian Centre for Human Rights has the pleasure to share its "Report of the
National Conference on the Prevention of Torture Bill, 2008" which is
available at:
http://www.achrweb. org/reports/ india/India- Anti-Torture- Bill-2009. pdf
The report among others contains
I. An Open Letter to the Members of Parliament of Lok Sabha and Rajya Sabha
II. Recommendations of the National Conference in the form of a model
"Prevention and Punishment of Torture, Bill 2009"
III. Prevention of Torture Bill, 2008 as drafted by the government of India
The report was submitted to various Members of Parliament today seeking
their interventions with the Prime Minister of India to place the
Prevention Torture Bill before the Parliamentary Standing Committee after
necessary modifications to comply with the UN Convention Against Torture
(UNCAT). The Ministry of External Affairs has drafted the "Prevention of
Torture Bill, 2008" in order to "ratify the UNCAT and to provide for more
effective implementation."
Since the National Human Rights Commission (NHRC) issued the guidelines to
report custodial death cases within 24 hours in December 1993, the NHRC
recorded the custodial deaths of 16,836 persons or an average of 1203
persons per year during 1994-2008. These included 2,207 deaths in police
custody and 14,629 deaths in judicial custody.
ACHR asserted that the number of custodial deaths in India have been
rising consistently
with 1,037 custodial deaths in 2000-2001; 1,305 in 2001-2002; 1,340 in
2002-2003; 1,462 in 2003-2004; 1,493 in 2004-2005; 1,730 in 2005-2006;
1,596 in 2006-2007 and 1,977 in 2007-2008.
The National Conference called upon the government of India to expand the
definition of torture to conform to the obligations of the UNCAT. Despite
the widespread prevalence of custodial death resulting from torture, the
Prevention of Torture Bill, 2008 makes no reference to death as a result
of torture.
The National Conference rejected proposed maximum punishment of 10 years
imprisonment for torture as highly inadequate given cases of torture to
death.
The National Conference on the Prevention of Torture Bill, 2008 also
rejected the six months limitation from the date on which the offence of
torture is alleged to have been committed for taking cognizance.
The National Conference recommended that the proposed Act should be
renamed as "Prevention and Punishment of Torture Act" and further made
specific recommendations to ensure compliance with the UN Convention
Against Torture and include provisions, in particular, ensuring that an
order from a superior officer or a public authority may not be invoked as
a justification for committing torture (Article 2); establishing
jurisdiction over acts of torture committed by or against a party's
citizens (Article 4); ensuring that torture is an extraditable offence
(Article 8); establishing universal jurisdiction to try cases of torture
where an alleged torturer cannot be extradited (Article 5); providing
mechanism to promptly investigate any allegation of torture (Articles 12 &
13); providing an enforceable right to compensation to the victims of
torture (Article 14); banning the use of evidence obtained through
torture in the courts (Article 15); and barring deportation, extradition
or refoulement of any person where there are substantial grounds for
believing she/she will be subjected to torture (Article 3).
We thought you would find the Report of interest.
With kind regards,
Yours sincerely
Suhas Chakma
Director
__._,_.___
International Human Rights Organisation (IHRO), of the Indian subcontinent, is a NGO, with national focus and overseas lobby network. It agitates both in India and internationally.
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