[Assam] “…. torture in the police station which is the usual practice adopted by the police in the State of Assam in the name of anti- insurgency operation." NO WONDER INDIA REFUSES TO SIGN THE UN OPTIONAL PROTOCOL ICCPR 1966.

Thu Aug 31 16:03:54 PDT 2006

Sad and deplorable as this case is, it is still gratifying that it is an
"Indian" High Court (Guwahati) that is making sure that these errant police
will be made to pay the price.

On 8/31/06, Bartta Bistar <barttabistar at googlemail.com> wrote:
>
>  *"Compensate family of ULFA leader's wife" *
>
> http://www.thehindu.com/2006/08/31/stories/2006083119381100.htm
>
> Sushanta Talukdar
>
> *Recover amount from police officers, says Gauhati High Court *
>  ------------------------------
>
> *·**   DGP told to register a case in a week; report compliance of order *
>
> *·**   Orders on habeas corpus petition filed on December 24, 2005 *
>  ------------------------------
>
> Guwahati: The Gauhati High Court on Wednesday directed the Assam
> Government to pay Rs. 2 lakh compensation to the family of Moni Bora,
> missing wife of a United Liberation Front of Asom (ULFA) leader, who is
> suspected to have been killed after being picked up by police in 2005.
>
> A Division Bench, comprising Chief Justice B. Sudershan Reddy and Justice
> B.P. Katakey, directed the State to recover the amount from the police
> officers responsible for her disappearance.
>
> The court also directed the Director-General of Police to a register a
> case within a week after receipt of the order and entrust the investigation
> to the Central Bureau of Investigation (CBI).
>
> The DGP was also directed to report compliance of the order within three
> weeks , said Nekibur Zaman, counsel for the petitioner.
>
> "... violation of Article 21 in the instant case is blatant and
> incontrovertible and it is of the magnitude that shocks the conscience of
> the court," the Bench said adding that "the respondents having taken [the]
> said Moni Bora into custody may have subjected her to torture in the police
> station which is the usual practice adopted by the police in the State of
> Assam in the name of anti- insurgency operation."
>
> The petitioner, Buddheswar Bora, brother-in-law of Ms. Bora, alleged in a
> habeas corpus petition on December 24, 2005 that the wife of a self-styled
> ULFA captain Danda Bora was missing since being picked up by police from
> Kalapthar area under the Bokajan police station in Karbi Anglong district.
>
> The court directed the police to produce Ms. Bora before a magistrate and
> also file an affidavit by January 2, 2006. However, after the police failed
> to produce her and file the affidavit, the court directed the then
> Superintendent of Police, Pankaj Sharma; Additional Superintendent of Police
> Mukul Saikia and sub-inspectors Gokul Bora, Abdul Gafur and N. Singh, who
> were named by the petitioner, to appear before the court on January 6, 2006.
>
>
> The police officers , appeared before the Court and denied that Moni Bora
> was picked-up.
>
> On April 26, 2006, the Court ordered a judicial probe into the
> disappearance of Ms. Bora and directed the District and Sessions Judge,
> Golaghat, S.P. More, to conduct the probe and submit his report within
> three months. The Judge submitted his report on July 28.
>
>
>
> Important document for reference.
>
>
>   Optional Protocol to the International Covenant on Civil and Political
> Rights Adopted and opened for signature, ratification and accession by
> General Assembly resolution 2200A (XXI) of 16 December 1966 *entry into
> force* 23 March 1976, in accordance with Article 9 status of ratifications<http://www.unhchr.ch/pdf/report.pdf>
> declarations and reservations<http://www.unhchr.ch/html/menu3/b/treaty6_asp.htm>
> *The States Parties to the present Protocol,*
>
> Considering that in order further to achieve the purposes of the
> International Covenant on Civil and Political Rights (hereinafter referred
> to as the Covenant) and the implemenation of its provisions it would be
> appropriate to enable the Human Rights Committee set up in part IV of the
> Covenant (hereinafter referred to as the Committee) to receive and consider,
> as provided in the present Protocol, communications from individuals
> claiming to be victims of violations of any of the rights set forth in the
> Covenant.
>
> Have agreed as follows:
>
> *Article I*
>
> A State Party to the Covenant that becomes a Party to the present Protocol
> recognizes the competence of the Committee to receive and consider
> communications from individuals subject to its jurisdiction who claim to be
> victims of a violation by that State Party of any of the rights set forth in
> the Covenant. No communication shall be received by the Committee if it
> concerns a State Party to the Covenant which is not a Party to the present
> Protocol.
>
> *Article 2*
>
> Subject to the provisions of article 1, individuals who claim that any of
> their rights enumerated in the Covenant have been violated and who have
> exhausted all available domestic remedies may submit a written communication
> to the Committee for consideration.
>
> *Article 3*
>
> The Committee shall consider inadmissible any communciation under the
> present Protocol which is anonymous, or which it considers to be an abuse of
> the right of submission of such communications or to be incompatible with
> the provisions of the Covenant.
>
> *Article 4*
>
> 1. Subject to the provisions of article 3, the Committee shall bring any
> communications submitted to it under the present Protocol to the attention
> of the State Party to the present Protocol alleged to be violating any
> provision of the Covenant.
>
> 2. Within six months, the receiving State shall submit to the Committee
> written explanations or statements clarifying the matter and the remedy, if
> any, that may have been taken by that State.
>
> *Article 5*
>
> 1. The Committee shall consider communications received under the present
> Protocol in the light of all written information made available to it by the
> individual and by the State Party concerned.
>
> 2. The Committee shall not consider any communication from an individual
> unless it has ascertained that:
>
> (a) The same matter is not being examined under another procedure of
> international investigation or settlement;
>
> (b) The individual has exhausted all available domestic remedies. This
> shall not be the rule where the application of the remedies is unreasonably
> prolonged.
>
> 3. The Committee shall hold closed meetings when examining communications
> under the present Protocol.
>
> 4. The Committee shall forward its views to the State Party concerned and
> to the individual.
>
> *Article 6*
>
> The Committee shall include in its annual report under article 45 of the
> Covenant a summary of its activities under the present Protocol.
>
> *Article 7*
>
> Pending the achievement of the objectives of resolution 1514(XV) adopted
> by the General Assembly of the United Nations on 14 December 1960 concerning
> the Declaration on the Granting of Independence to Colonial Countries and
> Peoples, the provisions of the present Protocol shall in no way limit the
> right of petition granted to these peoples by the Charter of the United
> Nations and other international conventions and instruments under the United
> Nations and its specialized agencies.
>
> *Article 8*
>
> 1. The present Protocol is open for signature by any State which has
> signed the Covenant.
>
> 2. The present Protocol is subject to ratification by any State which has
> ratified or acceded to the Covenant. Instruments of ratification shall be
> deposited with the Secretary-General of the United Nations.
>
> 3. The present Protocol shall be open to accession by any State which has
> ratified or acceded to the Covenant.
>
> 4. Accession shall be effected by the deposit of an instrument of
> accession with the Secretary-General of the United Nations.
>
> 5. The Secretary-General of the United Nations shall inform all States
> which have signed the present Protocol or acceded to it of the deposit of
> each instrument of ratification or accession.
>
> *Article 9*
>
> 1. Subject to the entry into force of the Covenant, the present Protocol
> shall enter into force three months after the date of the deposit with the
> Secretary-General of the United Nations of the tenth instrument of
> ratification or instrument of accession.
>
> 2. For each State ratifying the present Protocol or acceding to it after
> the deposit of the tenth instrument of ratification or instrument of
> accession, the present Protocol shall enter into force three months after
> the date of the deposit of its own instrument of ratification or instrument
> of accession.
>
> *Article 10*
>
> The provisions of the present Protocol shall extend to all parts of
> federal States without any limitations or exceptions.
>
> *Article 11*
>
> 1. Any State Party to the present Protocol may propose an amendment and
> file it with the Secretary-General of the United Nations. The
> Secretary-General shall thereupon communicate any proposed amendments to the
> States Parties to the present Protocol with a request that they notify him
> whether they favour a conference of States Parties for the purpose of
> considering and voting upon the proposal. In the event that at least one
> third of the States Parties favours such a conference, the Secretary-General
> shall convene the conference under the auspices of the United Nations. Any
> amendment adopted by a majority of the States Parties present and voting at
> the conference shall be submitted to the General Assembly of the United
> Nations for approval.
>
> 2. Amendments shall come into force when they have been approved by the
> General Assembly of the United Nations and accepted by a two-thirds majority
> of the States Parties to the present Protocol in accordance with their
> respective constitutional processes.
>
> 3. When amendments come into force, they shall be binding on those States
> Parties which have accepted them, other States Parties still being bound by
> the provisions of the present Protocol and any earlier amendment which they
> have accepted.
>
> *Article 12*
>
> 1. Any State Party may denounce the present Protocol at any time by
> written notification addressed to the Secretary-General of the United
> Nations. Denunciation shall take effect three months after the date of
> receipt of the notification by the Secretary-General.
>
> 2. Denunciation shall be without prejudice to the continued application of
> the provisions of the present Protocol to any communication submitted under
> article 2 before the effective date of denunciation.
>
> *Article 13*
>
> Irrespective of the notifications made under article 8, paragraph 5, of
> the present Protocol, the Secretary-General of the United Nations shall
> inform all States referred to in article 48, paragraph I, of the Covenant of
> the following particulars:
>
> (a) Signatures, ratifications and accessions under article 8;
>
> (b) The date of the entry into force of the present Protocol under article
> 9 and the date of the entry into force of any amendments under article 11;
>
> (c) Denunciations under article 12.
>
> *Article 14*
>
> 1. The present Protocol, of which the Chinese, English, French, Russian
> and Spanish texts are equally authentic, shall be deposited in the archives
> of the United Nations.
>
> 2. The Secretary-General of the United Nations shall transmit certified
> copies of the present Protocol to all States referred to in article 48 of
> the Covenant.
>
>
>
>
>
>
>
>
>
>
>
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>
>
>
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