UN Special Rapporteur presents report to HRC
Source: The Sangai Express
Imphal, June 18 2015 :
The Civil Society Coalition on Human Rights in Manipur and the UN (CSCHR) presented a summary of the salient features of the follow-up report of Christof Heyns, the Special Rapporteur (SR) on extrajudicial, summary or arbitrary executions.
Christof Heyns presented the report to the Human Rights Council 29th session in Geneva today.
Addressing a press meet today at CORE office, Laifungbam Debabrata Roy said that the report analyses the steps taken by India to implement the recommendations contained in the mission to India report made following the SR visit to the country from March 19 to 30, 2012 .
The follow-up report was prepared on the basis of all available information and was completed on April 30, 2015, he said.
The Special Rapporteur requested information from the Government and from other actors on the steps that had been taken to implement the recommendations made.
The SR in the report says that impunity remains a serious challenge, as does the implementation of existing guidelines and directives issued by the Courts and National human rights institutions, Roy said.
After that official visit in 2012, during which he also visited the North Eastern region on the invitation of CSCHR, the SR had reported extrajudicial killings by security officers, the State police, armed forces and armed groups.
He also reported killings related to communal violence and practice affecting women rights to life as a serious problem in some areas of the country.
In addition, he noted a number of challenges at various stages of the accountability process leading to impunity in many instances.
Significantly, the SR raised the question of AFSPA 1958 strongly and reported to the UN that "the powers granted under AFSPA are in reality broader than that allowable under a state of emergency as the right to life may effectively be suspended under the Act and the safeguards applicable in a state of emergency are absent" .
The SR had made a number of recommendations regarding the need to reform laws, and policies to ensure the accountability of State actors for violations of the right to life, including the repeal of AFSPA; the establishment of a commission of inquiry into extrajudicial executions in India, which should also serve a transitional justice role; the need to increase the protection of civilians, especially vulnerable groups, through legal reforms as well as information and awareness-raising campaigns and increased sensitization and orientation programmes; and the need to strengthen State institutions, including the Judiciary and the National Human Rights Commission (NHRC) .
The present report mentions that no independent and accountable mechanism to monitor the registration of First Information Reports (FIRs) exists.
The SR also regrets that India has not followed the recommendation that it repeal or at least radically amend AFSPA to ensure that legislation regarding the use of force is brought in line with international human rights law and to remove all legal barriers for the criminal prosecution of members of the armed forces.
Roy said that the SR had expressed concern that non-State actors resorting to the use of deadly violence have threatened the lives and security of civilians and the security of India and strongly condemns the callous nature of these acts.
The State has a duty to protect its people from such acts of violence, but should do so in accordance with international human rights standards.
The SR recommended that the State ensure that command and/or superior responsibility be applied for violations by security officials of the right to life, and that the establishment and effective functioning of the Independent Police Complaints Authorities should be made a priority in all States.
In this regard, the SR welcomes the order of the Supreme Court and calls upon the Government to ensure its full and proper implementation, Roy said.
In his country visit report, the SR expressed concern over the increased targeting of human rights defenders, by both State and non-State actors.
Journalists and human rights defenders often fall victim to the violence between armed groups and the Government.
The SR recommended that the State establish an effective witness and victim protection programme.
No programme has yet been created by the State.
In order to strengthen the NHRC, the SR recommended that the State amend section 19 of the Protection of Human Rights Act to provide the Commission with express authorization to investigate members of the armed forces for alleged human rights violations.
No steps have been taken by the State to amend section 19 .
In his country visit report, the SR recommended that the independence and the functioning of State human rights commissions be reviewed to ensure compliance with the Principles relating to the status of National institutions (Paris Principles).
The SR is not aware of any such review under way in the State.
There is a need for fully independent bodies to be established to ensure that investigations are properly conducted and perpetrators are held to account, Roy said.
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