Do away with prosecution sanction regime : UNHRC
Source: The Sangai Express

Imphal, July 30 2024: Human rights bodies have welcomed the recommendation of the United Nations Human Rights Committee to the Government of India to abolish the requirement of mandatory prior authorization of the Government for the prosecution of members of security and armed forces.

In a statement issued to the media today, the Extrajudicial Execution Victim Families Association, Manipur (EEVFAM) and Human Rights Alert (HRA) said the recommendation of the UNHRC is significant and they welcome it "heartily" .

This is significant as the denial of prosecution sanction is blocking all the trials of the armed forces personnel against whom the CBI has found prosecutable evidence in their investigations into cases of alleged fake encounters, said EEVFAM and HRA.

Do away with prosecution sanction regime : UNHRC

Notably, the UNHRC conducted its 4th periodic review of India under the International Covenant on Civil and Political Rights on July 15 and July 16 at Geneva.

During a 6-hour-long review, the Manipur issue came up at least 13 times.

The UNHRC published its concluding observation and recommendation on July 25 .

The Committee's concluding observation and recommendation stressed that the requirement of mandatory prior authorization for prosecution of members of armed forces creates a climate of widespread impunity regarding allegations of human rights violations.

"The Committee is concerned that the requirement of mandatory prior authorization of the Government for the prosecution of the members of the security and armed forces in the context of counter-terrorism and security and military operations creates a climate of widespread impunity regarding allegations of human rights violations," said the UNHRC.

It further noted that while the Supreme Court of India in 2016 had stated that the allegations of extrajudicial killings "must be thoroughly enquired into", according to reports, out of 1,528 documented instances of extrajudicial killings in Manipur from 1979 to 2012, only 39 First Information Reports (FIRs) have been registered.

While only 39 FIRs have been registered, not all have been scheduled for trial, due to among other reasons refusal of sanction for prosecution, noted the Committee.

"The State party should abolish the requirement of mandatory prior authorization of the Government for the prosecution of members of the security and armed forces, investigate promptly, thoroughly and impartially all human rights violations in the context of counter-terrorism, security and military operations, ensure that perpetrators are prosecuted and if convicted punished with penalties commensurate with the gravity of the offence, and that victims have access to effective remedies," said the Committee.

In the light of the recommendation from the UN body, EEVFAM and HRA said, they hope the Government of India would comply with the recommendation at the earliest for the end of justice.