HUMAN RIGHTS

Amnesty International: Open Letter to Political Parties on the

Occasion of the General Elections, 1996

India is the largest democracy in the world and one of the strongest and most dynamic political forces in the Asia-Pacific region. It sets an example to other nations with its vibrant press and long-established legal system. Indian governments have often stated their commitment to human rights, and recent positive initiatives include the establishment of a National Human Rights Commission. As India assumes a greater role on the world stage, Amnesty International urges it to take a lead by taking forceful steps to advance respect for human rights domestically and internationally.

Human rights violations affect most sections of Indian society, with people from some groups, particularly the socially or economically disadvantaged, being especially vulnerable. In a complex society of approximately 920 million people, speaking dozens of languages and dialects, living in 25 states and seven union territories, not everyone has equal access to justice or an equal chance to be allowed to live in safety and with dignity.

Amnesty International believes that provisions in India's legislative framework that do not conform to international standards and permit human rights violations need to be amended. Amnesty International promotes the rights enshrined in the 1948 Universal Declaration of Human Rights and other international human rights instruments, which India has also promised to uphold. We therefore urge the new government in India to withdraw limiting declarations made when. ratifying the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Cultural and Social Rights, specifically those made with regard to Article 22 of the Constitution of India which allow for preventive detention in India. Amnesty International also calls for a review of the laws which derogate from international standards.

Amnesty International continues to call for the eradication of torture, including rape, and deaths of prisoners in custody. Some methods used by the police, army and paramilitary forces in the course of law enforcement activities are of concern to Amnesty International as they have led to torture, including rape, and other forms of cruel, inhuman and degrading treatment, as well as to extra judicial killings and "disappearances". A.I. urges the new government to review the mechanisms that monitor the forces of law and order, and to strengthen initiatives aimed at ensuring that the forces of law and order are made fully cognizant of human rights concerns and are provided with human rights training.

Amnesty International calls for clear lines of command to be maintained and full accountability to be ensured at all levels in order to guard against abuse of the powers vested in the police and security forces, Amnesty International also urges the new government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, thereby honouring an intention expressed by previous Indian governments.

All past human rights violations and abuses should be investigated as a matter of urgency, in a thorough and impartial manner. Anyone found guilty of perpetrating human rights violations should be brought to justice promptly, giving a clear message that human rights cannot be violated with impunity.

Amnesty International urges the new government to continue to seek to ensure that the rights of vulnerable groups of people are protected through the implementation of the standards it has ratified. These include the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child. Amnesty International also calls on the new government to ratify the 1951 Geneva Convention relating to the Status of Refugees.

(Source: Al Index: ASA 20/13/96, April, 1996)

Jalil Andrabi's Assassination Demand for a High-Powered Probe,

 31 March, 1996

We express our deep pain and anguish at the shocking incident in Srinagar wherein Jalil Andrabi. advocate and human rights activist of Kashmir, was killed in cold blood in mysterious circumstances after being picked up allegedly by the security agencies on March 9. 1996.

This incident, which has evoked worldwide. revulsion, is yet another instance of the brutal suppression of human rights in the Valley.

This strengthens the impression that he government's policy is to throttle every voice of dissent and defiance in Jammu and Kashmir.

In this setting we demand the immediate appointment of a high-powered committee comprising persons of integrity and credibility to investigate into this incident.

(Rajni Kothari S.K. Ananth K. Chandramouli Nikhil Chakravartty Kuldip Nayar S.M. Bagai Suhas Borker Sumit Chakravartty)