SEPTEMBER 6, 1995

ANOTHER HUMAN RIGHIS ACTIVIST UNIAWFULLY DETAINED IN INDIA
Will HE DISAPPEAR TOO??

The World Sikh Organization has learned that Jaswant Singh Khalra, who recently visited Canadian Parliamentarians only two months ago (to apprise them of continuing human rights abuses in India), was forcibly arrested this morning from his home in Amritsar.
; .
Though details are sketchy, we are advised by sources in the Punjab that Mr. Khalra may be detained in Tarn Tarn, India, without charges. Reports have indicated that while washing his car, the soft-spoken human rights activist was abducted by police officials, with no explanation or justification offered to family members.
It is believed that Jaswant Singh Khalra, the General Secretary of the Human Rights Wing of the Shiroma Akali Dal, was arrested because he was the lead investigator in a case that incriminated the Superintendent of the Tarn Tarn Police Force. Mr. Khalra’s investigation brought to international scrutiny the cremation grounds found in India that contained over 25,000 bodies of civilians. 6,000 of these bodies were attnouted to the illegal, tortuous actions. of the Tarn Tarn Police Force. All the 25,000 bodies were proven to be victims of extrajudicial killings by Police, involuntary disappearances (a common method of police intimidation), and false encounters that are often staged by Indian officials.

Mr. Khalra’s relatives in the UK, and his friends here in Canada, sincerely hope that Indian officials will NOT make this human rights activist another statistic to be found in other cremation grounds that are suspected to be scattered throughout India.

Mr. Khalra has lead a strong international campaign to educate people on the continuing violence perpetrated against civilians in India. The constant persecution of his peers has inspired former high court justice, Ajit Singh Bains ,._ Simranjit Singh Mann, and Mr. Khalra, to focus international attention on the daily crimes committed -against humanity in India. Unfortunately, all three of these philanthropists have faced the retribution 0f Indian officials for their commitment to the rights of humanity. We hope Mr. Khalra will not languish in Jail, without charges, for the same duration as Justice Bains, or S.S. Mann.

We hope the international media will publicize the plight of Mr. Khalra, as there is a considerable fear •for • his safety while he is unlawfully incarcerated by the Superintendent for Police in Tarn Tarn, India.

For further information, please contact Anne E. Lowthia,n, (613) 723-2026, (613) 523-1080.”-

‘i!d8$ ffil::f “>)1•aalx1e’h-iax

HEAD OFFICE• P.O. Box 15830 – Merivale Depot• Nepean, Ontario, Canada• K2C 3S7 • Phone (613) 723-2026•        Fax (613) 723-0290

October 16, 1995

HUMAN RIGHTS ACTMST IN INDIA STIIL ‘DISAPPEARED”

URGENT

Dear Sir/Madam:

Jaswant Singh Khalra, General Secretary of the Human Rights Wing of the Shiromani Akali Dal is still “disappeared”, with no response from the Indian government concerning his whereabouts. Since September 6, 1995, Mr. Khalra has not been heard from, after police officials abducted him from his home. His family is still worried.

On Friday, October 13, 1995 a habeas corpus petition was scheduled to be heard by the Punjabi courts. The Court again delayed the hearing of the petition for another month. Two weeks prior to this action, a High Court Justice was petitioned to allow an immediate investigation of a particular police station where Khalra had been located. The Justice would not provide an immediate warrant for investigation but would only allow an investigation the following morning.  By then, Mr. Khalra had, once again, been moved.

Please help us to locate Mr. Khalra. You may have had the opportunity to meet him during our Annual Parliamentary Dinner on June 6, 1995. By speaking with this soft-spoken philanthropist, you may have understood the importance of preserving the safety of human rights activists in India. You would have also observed his dedication to the principles behind the rule of law – principles that are clearly not operating now India, and that currently affect whether or not Mr. Khalra will remain alive.

We would like you to take a few moments and review these facts:

‘Despite positive statements and reco=endations made by the government and judiciary over the past year, the reality in India was that custodial violence remained endemic. Amnesty International believes that the virtual impunity enjoyed by many of the perpetrators of torture and ill-treatment in custody is a key factor in the continuation of these practices.”‘

This method of operation usually comprises denial of any disappearance of these civilians by Indian officials. Amnesty International reports continue to document the fact that Sikhs in India continue to disappear at an alarming rate, particularly if these individuals are associated with protecting human rights. Amnesty International states that:

“each year scores of people disappear in Punjab…several thousands more are held without trial…nearly all disappearances are attributed to the Punjab police”2.

In addition:

“State complicity in such practices is evident from a clear pattern of official coverup. This involves officials routinely ignoring numerous letters expressing anguish for the life and safety of ‘the “disappeared” – officials even go to the extent of giving contradictory statements. In court, police persist in denying that “disappeared” persons were arrested, despite sworn testimonies from eyewitnesses to their arrest. Habeas corpus petitions are rarely successful: the police either deny the arrest or simply claim that the victim “escaped” from custody are has been killed in an “encounter”, while keeping them in secret detention to extract information. In general the Indian government has responded to allegations of “disappearances” by denying them.”‘

Jaswant Singh Khalra was scheduled to appear in the Indian High Courts to testify on human rights abuses that continue in India. Mr. Khalra would have provided evidence of police involvement in the murder and cremation of over 25,000 people – had he not been abducted from his home by police officials on September 6, 1995. Amnesty International reports that:

“Increasingly, the police are reportedly targeting journalists and lawyers who have tried to expose human rights violations by security forces in Punjab by making them suffer such violations themselves – protests have failed to elicit any substantive government response as to what happened to them, nor was an inquiry ordered into their “disappearance'”.

Thousands of innocent civilians have been extrajudicially murdered in the Punjab. Amnesty International reports of bodies hidden to prevent the discovery of evidence linking police forces with the torture of human beings, who were, ultimately, never charged with any crime. The Indian officials always nianage to ensure that those peG>ple .who “disappear” remain missing, or turn up dead after “encounters” with police officials. In all cases police officials deny involvement in criminal activity, though documented evidence of corruption proves otherwise.

In a letter to Congressman Fazio, Siddhartha Shankar Ray indicated that local police in Amritsar are “actively pursuing the investigation” to locate Mr. Jaswant Singh Khalra. According to this Embassy official, “Mr. Khalra has been kidnapped by a group of individuals masquerading as policemen” and that the local police in Amritsar have “registered a case of kidnapping”. However, in another document issued by the local police in Amritsar, Mr. Khalra’s disappearance is still considered to be an “alleged” crime, regardless of witness testimony. The circumstances of Mr. Khalra’s disappearance parallels closely with those of thousands of others. Mr. Khalra’s abduction was witnessed by the public who are now fearful of making public statements, risking police retribution against their families:

“In those cases where the courts have intervened, the police have often responded by intimidating witnesses and refusing to cooperate with court inquiries. Despite unequivocal judgements naming the perpetrators of [these] “disappearances”, the captors are not brought to justice. Amnesty International does not know of a single case [in Punjab] in which the perpetrators have been brought to justice.'”

The Special Rapporteur on torture, who reports to the United Nations Commission for Human Rights stated that: “torture by the police, the paramilitary and the army was pervasive in each of the 25 states in India”‘.

We ask for your support by doing everything within your office to:

  1. Obtain the disclosure of the whereabouts, and the release of human rights activist, Jaswant Singh Khalra.
  2. Ensure that the rule of law, for civilians and security personnel, is enshrined and enforced consistently and comprehensively throughout India. Corrupt action by government officials that condone and encourage illegal police practices that result in the deaths or disappearances of civilians be immediately investigated and prosecuted.
  3. Obtain immediate revocation of the new, replacement legislation for the much abhorred TADA, is imperative. Amnesty International has stated that some of the clauses in the proposed legislation are “dangerously vague”.
  4. Bring to justice the Police and security forces allegedly involved in torture, ill­ treatment, disappearances and deaths in custody, requesting they be immediately suspended, pending an impartial inquiry, and if evidence is found against them, they are promptly arrested and brought to justice.
  5. Ensure the government of India invites the United Nations Special Rapporteur for torture and for extrajudicial, summary and arbitrary executions, to visit India as soon as possible.
  6. Ensure the government of India invites Human Rights Groups like Amnesty International and Asia Watch, to visit, unrestricted, all 25 states of India.
  7. Encourage the establishment of a plebiscite in the Punjab.

URGENT ACTION REQUEST

(OTTAWA, November 3, 2001) The World Sikh Organization requests your immediate assistance to procure the release of Mrs. Jaswant Singh Khalra and six other human rights activists and lawyers who were arrested by the Indian police on November 2, 200 I. It is known that these individuals were arrested to prevent their participation in political events in Punjab, and to prevent public protest. Mrs K.halra’s husband, Jaswant Singh was the lead investigator who uncovered illegal cremation grounds maintained throughout Punjab by police. Mr. Khalra and Mr. Jaspal Singh Dhillon both leaders of the Human Rights Wing of the Shiromani Akali Dal were arrested, and presumably tortured by the very same Punjab Police they sought to prosecute. Mr. K.halra was tortured to death, and now Mrs. Khalra and six others have been arrested under a charge of “threat to the peace”.

Soft-spoken and peaceful, Mr. and Mrs. Khalra visited with Canadian and American politicians, including Canadian Prime Minister Jean Chretien to apprize them of ongoing oppression in Punjab. Providing evidence of the disposal grounds for thousands of unidentified Sikhs m’urdered by Indian officials with the support of central government, Mrs. Khalra has been an outspoken activist since the murder of her husband. Nonetheless the central Indian government has been seeking general amnesty for the police officers involved in the cremation grounds and thousands of other illegal executions. Since the early nineteen eighties thousands of Sikhs have suffered illegal arrest, detention, torture, and murder at the hands of state and government officials. Arresting human rights activists like Mrs. K.halra and lawyers involved in important human rights cases, once again prevents public scrutiny of the realities of present day Punjab.

Recently a professor by the name ofDavinder Singh was prosecuted under the Terrorist and Disruptive Activities Act, an Act which was purportedly repealed in l 995. Despite the United Nations condemning India’s laws, and evidence of coercion and torture of the accused for the purposes of extracting a confession, Mr. Singh has been sentenced to the death penalty. In India, the new Prevention of Terrorism Ordinance (POTO) seeks to fill the void created following the lapsing of TADA, and makes the TADA legislation look mild.           POTO provides for suppression of information and therefore makes journalists subject to terrorism charges if they publish information unfavourable to the government. It makes the disclosure of information to police investigators mandatory with prison terms of up to three years for non compliance. Under the POTO citizens of Punjab will be forced to live in a police state that is even more brutal than the last two decades.

We need your urgent assistance to let the Indian government know that democratic nations will not tolerate such abuses of innocent citizens and such shameless violations of civilian rights from a Commonwealth partner. Please take every action possible to obtain the immediate release of Mrs. Kha!ra and six other lawyers, and to repeal the death penalty sentence against Davinder Singh. Your active and vocal response to these travesties of justice are imperative to the future of all civilians in India.

(-30-)

For more information, please contact Anne E. Lowthian 613-521-1984 or 613-220-6214.

,jit Singh Sahota – FW: 10th Anniversary of Abduction of Jaswant S Khalra: Human Rights

  • –,ups Send Letter to Congress

-“”1mmwmw””‘s,_…,…_,.. _,,,.i.11• .,,                              ..,..,..,……..,_,.iP”l!Gl’0″11WD…,….,.,,_,.,.tlT'”‘,…_,.                                ,                                                                                                 ,._,..,.

ru.……… “Amanpreet Singh Bal” <amanpreet.bal@sympatico.ca>

‘o:            “Anne Lowthian” <alowthian@sympatico.ca>, “Gian Sandhu” <Gian@JackpineGroup.com>, “Jasbir Randhawa” <jrandhawa@klondiker.com>, <asahota@inspection.gc.ca>, “Jasbeer Singh”

<magmaint@hotmail.com>, “‘Sukhminder Singh Hansra”‘ <hansra@sanjhsavera.com>

1ate:    2005/09/08 6:33 AM

ubject: FW: I 0th Anniversary of Abduction of Jaswant S Khalra: Human Rights Groups Send Letter to Congress

/SO should send similar reminder to Canadian M.P. Can Anne and Ajit Singh take the lead on this?

spal

rom: Kulvir S. Gill [mailto:kulvirgill@hotmail.com]

ent: Wednesday, September 07, 2005 11:52 PM

ubject: 10th Anniversary of Abduction of Jaswant S Khalra: Human Rights Groups Send Letter to Congress

–·Original Message—–

=nt: Tuesday, September 06, 2005 10:28 PM

  • l:nsaaf

set: 10th Anniversary of Abduction of Jaswant S Khalra: Human Rights Groups Send Letter to Congress

=Ptember 6, 2005

)8.727.6122

0th ANNIVERSARY OF ABDUCTION, TORTURE & MURDER OF HUMAN RIGHTS DEFENDER JASWANT INGH KHALRA:

uman Rights Group Send Joint Letter to Congress

;an Francisco, CA) Ten years ago on September 6, 1995, Indian security forces abducted human rights defender, swant Singh Khalra because of his courageous work exposing the 3disappearances2 and killings of thousands of Sikhs the state of Punjab. Indian security forces subsequently tortured and murdered Mr. Khalra on October 24, 1995. A icade on, the Indian government has failed to bring his killers to justice and continues to thwart any investigation into e 3disappearances2 and killings that Mr. Khalra brought to light.

1 September 6, 2005, ENSAAF, Human Rights Watch and the Center for Human Rights and Global Justice at New York 1iversity School of Law sent a joint letter and background packet to the Congressional Human Rights Caucus urging it >Id hearings into these 3disappearances2 and killings and urge the Indian government to comply with its obligations 1der international law to provide justice and redress to the victims of human rights violations committed by its security rces.

the background packet: http://WW1fi.<,nsaaf.org/khalrapacket.pdf (see attached)

VSr.AF (www.ensaaf.org) is a 501(c)(3) organization dedicated to fighting impunity for human rights abuses committed

India. We work to bring perpetrators to justice, investigate and expose human rights violations, and organize survivors

,,gage in advocacy.

1e following letter was faxed to the directors and executive committee of the Congressional Human Rights Caucus. It is ioint letter by ENSMF, Human Rights Watch, and the Center for Human Rights and Global Justice at New York 1iversity School of Law. Read the letter at:http://y;ww.ensaaf.org/khalra-/etter.htm

‘he “Disappeared” and the Disappearance of Justice in ndia

:ptember 6, 2005

mgressional Human Rights Caucus ms Hogrefe

‘fice of Congressman Tom Lantos rector, CHRC

ofessional Staff, House International Relations Committee

113 Rayburn HOB

ashington, DC 20515

 

1mantha Stockman

‘fice of Congressman Frank Wolf rector, CHRC

”)r Legislative Aide

,~9nnon HOB

a      gton, DC 20515

:ar Co-Chairman Lantos, Co-Chairman Wolf, and Members of the Congressional Human Rights caucus:

?n years ago today, Indian security forces abducted, tortured and murdered human rights defender Jaswant Singh 1alra because of his courageous work exposing the “disappearances” and killings of thousands of Sikhs in the state of mjab. A decade on, the Indian government has failed to bring his killers to justice and continues to thwart any vestigation into the “disappearances” and killings that Mr. Khalra brought to light. We write to you today to voice our, ncern that the movement for accountability and human rights in Punjab will end as a mockery of justice as the Indian >Vernment fails to hold any perpetrators of “disappearances” and killings accountable and denies survivors an effective medy. We urge you to hold hearings into these “disappearances” and killings and urge the Indian government to ,mply with its obligations under international law to provide justice and redress to the victims of human rights violations, mmitted by its security forces.

1is year’s U.S. Department of State Country Report on Human Rights Practices in India notes:

In Punjab, the pattern of disappearances prevalent in the early 1990s ended; however, during the year, the Government failed to hold accountable hundreds of police and security officials for serious human rights abuses committed during the counterinsurgency of 1984-94, despite the presence of a special investigatory commission. The Government took no action in any of these cases, and none was expected.

:curity officials who engaged in human rights violations have been rewarded and promoted instead of being brought to stice.

”       h government records, Mr. Khalra demonstrated that security forces had abducted, extrajudicially executed and c,cc1y cremated thousands of Sikhs in Punjab. Mr. Khalra’s investigation revealed over 2,000 secret cremations from a 1gle district alone, and he alleged that a similar pattern of police abductions, murders and secret cremations would, merge in the other sixteen districts of Punjab. Subsequent investigations by human rights groups confirmed that secret r”‘llations had occurred throughout the state, and that cremation was only one form of disposing of victims’ bodies.

rity forces threatened Mr. Khalra with death if he did not desist from investigating and publicizing the secret rerr ‘tions. But Mr. Khalra refused to be silent. On September 6, 1995, armed commandos abducted Mr. KhaIra from -ut of his home.

o date, the Central Bureau of Investigation (CBI), the agency charged with prosecuting the case by the Supreme Court f India, has failed to charge the nine officers implicated in Mr. Khalra’s “disappearance” with torture and murder. nstead, it has filed reduced charges of kidnapping, ignoring evidence of the more serious crimes. Moreover, the CBI has ot been able to win the conviction of a single person in connection with Mr. Khalra’s “disappearance,” despite eyewitness:stimony identifying the police officers involved in his abduction, torture and the disposal of his body. Additionally, the rosecution and police have intimidated key complainants and witnesses. Paramjit Kaur Khalra, the wife of Mr. Khalra, for xample, was threatened on numerous occasions by Punjab police to withdraw her petition. These threats were conveyed uring phone calls and visits to her home. Mrs. Khalra was also falsely charged in a bribery case as a method of 1timidation and harassment. Kikkar Singh, a witness to Mr. Khalra’s detention and torture, has been detained and 1aliciously prosecuted in five different cases. If those associated with Mr. Khalra’s case continue to face intimidation and etention, there is little chance that those responsible for Mr. KhaIra’s murder will be brought to justice.

he problem does not end with the prosecutor’s failure to act against Mr. Khalra’s killers. In addition, the Indian National iuman Rights Commission (NHRC), an independent body established by an act of Parliament in 1993 to implement 1dia’s international human rights obligations, has failed to adjudicate the thousands of police abductions, extrajudicial xecutions and secret cremations in Punjab entrusted to it by the Supreme Court. Since 1997, when the Commission !ceived its mandate from the Supreme Court, the Commission has not called a single survivor to testify,- nor has it 1vestigated any officers or agencies that engineered or participated in “disappearances,” killings and secret cremations. espite the fact that the Supreme Court has granted the Commission powers to investigate and remedy fundamental uman rights violations under the Constitution, the Commission has arbitrarily limited its inquiry to just one out of nteen districts in Punjab, and refuses to consider other ways in which security forces eliminated the bodies of their ns, such as burying.

ecause the Commission is operating by order of the Supreme Court, its decisions on the secret cremations matter will irve as precedent for other mass crimes in India. Further, the Commission is the only federal body designed with the urpose of addressing human rights violations. In many respects, the Commission’s work represents the last hope for Istice for survivors. At its last hearing on July 5, 2005, however, the Commission stated that it will dismiss the mass emations case a er rendering a decision on the circumscribed issue of whether the cremations occurred according to Jlice rules. The Commission added that it will not inquire into whether the victims were wrongfully killed, thereby ;tablishing that there is a right to a legal cremation, but not a right to life. The Commission’s position contradicts; tablished international human rights norms, and defeats the purpose for which it was established: to provide justice to Jrvivors of state crimes.

1e “disappearances,” killings and secret cremations of thousands of Sikhs are crimes against humanity. India has a, sponsibility to the victims, their families and to the world to redress these crimes. Nevertheless, the Indian government >ntinues to reject country visit requests by the U.N. Special Rapporteurs on torture and extrajudicial executions. oreover, India has yet to ratify the U.N. Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment dia’s relationship with the United States on terrorism and defense should not diminish U.S. expectations for the end of 1punity and atrocities in India. We urge the Congressional Human Rights Caucus (CHRC) to hold congressional hearings 1 the “disappearance” of Jaswant Singh Khalra and secret cremations in Punjab. The CHRC should also send a ,legation to India to observe the disappearance trial of Mr. Khalra and the NHRC hearings, and meet with families of the ;appeared who are petitioners in these proceedings. In its bilateral dealings with India, the United States should urge dia to:

Speedily and impartially investigate Mr. Khalra’s abduction, torture and murder, and prosecute his killers; immediately desist from intimidating or harassing petitioners, witnesses and attorneys in Mr. Khalra’s case;

  • Ensure immediate investigation and adjudication of the secret mass cremations case before the NHRC, publicize the results of this investigation and initiate appropriate prosecutorial and administrative measures against those responsible;

 

Take disciplinary or criminal action as appropriate against all personnel responsible for “disappearances” and extrajudicial executions in Punjab; 1

:nact legislation that criminalizes “disappearances” and torture;

  • Approve requests for invitations by the U.N. Special Rapporteurs on Torture and Extrajudicial Executions; and
  • Ratify the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

lease find enclosed reports providing further information on the issues raised in this letter. We thank you for your onsideration of these matters and would welcome the opportunity to meet with you or your staff to discuss any of these ;sues.

incerely,

3skaran Kaur

xecutive Director

NSAAF

 

rad Adams

xecutive Director, Asia

luman Rights Watch

 

mita Narula

xecutive Director

enter for Human Rights and Global Justice

rHunct Assistant Professor of Clinical Law

York University School of Law

 

 

ENFORCED DISAPPEARANCES,”ARBITRA_

y EXECUTIONS AND SECRET CREMATIONS:

VICTIM TESTIMONY

AND

INDIA’S HUMAN RIGHTS OBLIGATIONS

INTERIM REPORT..

 

  • THE ISSUES AND THEIR HISTORY: 42 – 137

A PARADIGMATIC CASE – THE ORDEAL OF SURVIVAL – ABORTION OF A PEACE ACCORD – UNDERCOVER OPERATIONS: CONSTRUCTION OF THE LABYRINTH – THE LEGISLATIVE APPARATUS OF COUNTERINSURGENCY – EARLY INVESTIGATIONS AND THE FIRST REPORTS ON STATE ATROCITIES -POLITICAL CONSENSUS ON STATE TERRORISM – BULLETS AGAINST THE BALLOT – POLL BOYCOTT: ENGINEERING OF A MANDATE – SILENCING THE HUMAN RIGHTS GROUPS – DECIMATION OF THE GUERILLA GROUPS – THE WAR WITHOUT QUARTER – EVIDENCE OF MASS CREMATIONS – FURTHER INVESTIGATIONS – THE CASE BEFORE THE SUPREME COURT – DISAPPEARANCE OF JASWANT SINGH KHALRA – FOUR AFFIDAVITS IN THE CREMATIONS MATTER: Pyre hunting of a father, a clean sweep, teaching a lesson, a frivolous pledge-AN INVESTIGATION INTO A GORY TALE – INTERIM REPORT AND THE PUBLIC NOTICE -ABDUCTIORS OF KHALRA IDENTIFIED – COMPENSATION FOR THE “WORST CRIME AGAINST HUMANITY” -THE REFERENCE TO THE NATIONAL HUMAN RIGHTS COMMISSION – CONFLICTS ON THE SCOPE OF THE INQUIRY – PROBLEMS WITH THE PROTECTION OF HUMAN RIGHTS ACT – FORMULATION OF THE PRELIMINARY ISSUES BY THE COMMISSION – SUBMISSIONS BY THE COMMITTEE – SUBMISSIONS BY THE STATE OF PUNJAB & THE POLICE – SUBMISSIONS BY THE UNION OF INDIA – THE COMMISSION’S COUNSEL – THE ORDER ON THE PRELIMINARY ISSUES – SALIENT POINTS OF THE ORDER – OUR SUGGESTIONS ON THE MODALITIES OF PROCEEDINGS – THE UNION GOVERNMENT GOES BACK TO THE SUPREME COURT – THE SECOND VERDICT OF THE SUPREME COURT – ARGUMENTS IN A VICIOUS CIRCLE- DECONSTRUCTION OF A MANDATE- STRANGE EMPHASIS ON KHALRA’S PRESS NOTE – THE COMMISSION RENDERS THE GRIEVANCE – THE TERMS OF REFERENCE: NEW INTERPRETATIONS – SOME ABSURD CONCLUSIONS -THE EXCLUDED ISSUES -THE PROBLEM WITH THE TERRITORIAL LIMITATION – EMPTY EMPHASIS ON COMPENSATION – THE BURDEN OF PROOF – OUR UNDERSTANDING OF THE MANDATE – THE COMMISSION REJECTS OUR REVIEW APPLICATION – THE GROUNDS FOR MOVING THE SUPREME COURT- THE LIGHT OF FURTHER EVIDENCE – INCIDENT REPORTS AND VICTIM TESTIMONY – THE OBLIGATION OF A THOROUGH INQUIRY – STANDARDS OF INVESTIGATION -THE IMPERATIVES OF INDIAN CONSTITUTIONAL GUARANTEES: Articles 21, 32, 14 -Tl-IE RIGHT TO RESTITUTION UNDER INDIA’S INTERNATIONAL OBLIGATIONS -INDIA’S OWN STAND – ‘ PRINCIPLES AND PRACTICES OF NON-DEROGATION -THE MEANING OF THE STATE OF EMERGENCY – THE RIGHT TO LIFE: THE MECHANISM OF PROTECTION – THE BINDING OBLIGATIONS -THREE LEGAL RIGHTS OF VICTIMS -THE RIGHT TO KNOW -THE RIGHT TO JUSTICE – THE RIGHT TO REPARATION – VALASOUEZ RODRIGUEZ CASE – FINDINGS OF THE UN HUMAN RIGHTS MECHANISMS – A FACTUAL APPRAISAL OF INDIAN POSITIONS – SOVEREIGNTY IN TRANSITION AND UNIVERSAL JURISDICTION OF HUMAN RIGHTS – THE TRUE REFERENT OF SOVEREIGNTY – EFFECTS ON THE PRINCIPLE OF NON-INTERVENTION – HUMANITARIA INTERVENTION & THE QUESTION OF IMPUNITY – UNIVERSAL JUSTICE & THE STATIST BIAS: CONTRADICTIONS IN THE UN REGIME – SOME QUESTIONS TO THE INTERNATIONAL HUMAN RIGHTS COMMNITY – EVIDENCE OF HYPOCRISY – SOME STRUCTURAL PROBLEMS – FORCES OF IMPUNITY & THE INCOMPLETE STRUGGLE FOR UNIVERSAL JURISDICTION – SOME CONCLUSIONS FROM THE PEOPLE’S PERSPECTIVE

INTRODUCTION:

COMPLEX DENIAL AND THE CONTEXT OF DOCUMENTATION

THE AGENDA:

This is an interim report on one of the unfinished tasks of the Committee for Coordination on Disappearances in Punjab (CCDP), a representative body of eighteen human rights organizations and other individuals, which came into existence on 9 November 97 with the following agenda:

  • To develop a voluntary mechanism to collect and collate information on disappeared people from all over the State, and to ensure that the matter of police abductions leading to illegal cremations of dead bodies proceeds meaningfully and culminates in a just and satisfactory final order;
  • to evolve a workable system of state accountability, and to build up the pressure of public opinion to counter the bid for immunity;
  • to lobby for India to change the domestic laws in conformity with the UN instruments on torture, enforced disappearances, accountability, compensation to victims of abuse of power and other related matters;
  • to initiate a debate on vital issues of state power, its distribution, accountability and to work for a shared perspective on these matters with groups and movements all over India.

This interim report summarizes our documentation on disappearances in the State. It bears directly on the matter of illegal abductions and secret cremations of dead bodies, carried out by the State agencies in Punjab, which the National Human Rights Commission (NHRC) is supposed to be investigating on remit from the Supreme Court. The next chapter will discuss the immediate background to the phase of repression documented in this report, and will explain the present legal position of the matter before the NHRC. It will also deal with the broader historical context of human rights concerns, which shape the Committee’s documentation of the subject. This prefatory note will be limited to few