National Consultation Report

7/31/2019 National Consultation Report

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National Consultation

on

Testimonial campaign contribute to eliminate impunity for

perpetrators of torture in India

"You can chain me, you can torture me, you can even destroy this body,

but you will never imprison my mind"

Mahatma Gandhi

Peoples Vigilance Committee on Human Rights (PVCHR) and

National Alliance on Testimonial Therapy (NATT) in collaboration

of Rehabilitation and Research Centre for Torture Victims (RCT) i

and European Unionii project was successfully held a two days

national consultation i.e. 12th13th July, 2012 in New Delhi on

Testimonial campaign contribute to eliminate impunity for

perpetrators of torture in India. 12th July, 2012 at Magnolia

hall, India Habitat Centre, Lodhi Road, New Delhi and on 13th

July, 2012 at Indian Social Institute, 10, Institutional Area, Lodi

Road, New Delhi.

12th July, 2012

PVCHR welcomed and honoured the Chief Guest Honble

Justice K. G. Balakrishnan, Chairperson National Human

Rights Commission, Guest of Honour:Mr. Pavel Svitil, Charg

d'affaires, Delegation of the European Union to India and chair of

inauguration session, Mr. Gautam Navlakha, Consultant Editor-

Economic and Political Weekly (EPW). Mr. Sankar Sen, Ex-

Director General, National Human Rights Commission, Dr D RoyLaifungbam, Chairperson, Human to Humane Transcultural

Centre for Torture Victims (H2H) and Mr. Mathews Philip,

Executive Director SICHREM with the traditional silk shawl.

Program started with the welcome speech and key note address

by Lenin Raghuvanshi, Secretary General PVCHR.iii He

welcomed the chief guest, guest of honor, key speaker and all

delegates from Manipur, Assam, Karnataka, Chhattisgarh,


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Odisha, Jammu & Kashmir, Bihar, Uttar Pradesh, Jharkhand,

West Bengal, Madhya Pradesh and New Delhi etc.

He said, We are organising National Consultation Testimonial

Campaign contributes to eliminates impunity for perpetrator

of Torture in India

Challenging the impunity

through breaking the

silence is based on

eliminating the fear,

phobia, hopelessness and

fragmentation of the

survivors in empathetic

safe and secure

environment. Survivors

psycho social and legally supported through Testimonial

Therapy converted into human rights defender/barefoot worker

based on concept of justice, democracy, non violence and

human dignity. We are aware that the fear and phobia due to

torture and organized violence (TOV) is imparting culture of

silence and testimonial therapy as a psycho -legal support to the

survivor is breaking silence against impunity.

Nageshwar Patnaik, Vice President PVCHR honoured

Mohammad Aamir Khan with the Jan MitraAward with 60000/-

Rs (Sixty thousand

Rupees only) as a

financial support for

his commitment and

conviction based on

rule of law,

democracy and non-

violence for

protection of human

life with dignity of

individual.iv

Mohammad Aamir

Khan, who was released in January 2012 after 14 years of


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incarceration and was named as falsely implicated in 20 low-

intensity bomb blasts which took place between December 1996

and October 1997 in Delhi, Rohtak, Sonepat and Ghaziabad.v

Honble Justice K.G Balakrishnan, Chairperson NHRC as a chiefguest addressed the conference Parliament needs to pass the Bill

urgently so that the culture of extracting information through

torture is made illegal and the guilty are punished by law.

"Torture is a serious

problem for India. Basic

human rights are violated

when torture is inflicted. It

is not just physical pain,

but mental which

traumatises the individual

and is an assault on his

right to life," he said. India

has also not ratified the UN

convention against torture

which asks states to

declare torturing a criminal

offence under its jurisdiction, he noted.

A multi-pronged approach from the training and education of

security forces to a fair and impartial judicial system is required,"

said Balakrishnan. He also added Silence is the biggest

promoter of impunity. A well informed, well guided public can

make a big change in the existing scenario.

Dr. Lenins organization is doing a tremendous task by holding

testimonial ceremonies where-in testimonials are read out and

survivors are facilitated. It boosts up the moral and confidence

among them. This creates and atmosphere of understanding

among the survivors of different kind of violence and between

different communities. They keep them following up as per UN

standards, until everything becomes normal. We need several

such organizations to testimonial campaign to its logical end. Useof the all the possible means to raise the voice for justice,


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especially Information Technology has to be utilized to amplify

the unheard voice of people.vi

Mr. Sankar Sen, former Director General of NHRC, said,

Stringent punishment for perpetrators of torture and adequate

compensation for the

victim must be done

to check this growing

culture of impunity,"

The need to give

proper training to the

police and sensitizing

them about the rightsof persons lodged in

jail is urgent, he said

adding investigating

the case needs to be

paramount which sadly is not the case. "Police devotes very less

time in investigating the cases," he added.

Compensation and rehabilitation are also a neglected part in ourjustice system which must be high on the priority list of the

government and security forces, Sen said.

Dr D Roy Laifungbam,vii Chairperson, Human to Humane

Transcultural Centre for Torture Victims (H2H) said, Torture

survivors are recluses socially, and also tend to get neglectful,

medically as a manifestation of the syndrome of post-traumatic

stress disorder (PTSD). Convincing them to give their testimoniesdemand that practitioners bring to light both the therapeutic

significance as well as the legal necessities. They have to be

convinced on how an effective mechanism to promptly investigate

any allegation of torture demands them to speak up about the

incident.

Giving testimonies also reveals why a survivor of torture deserves

full rehabilitation to rebuild their life. Rehabilitation has been

this years focus on the International Day in Support of Victims of


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Torture. It is every torture survivors right and the Government

should be accountable to make compensation an enforceable

right.

Nowadays, many torture survivors have come to terms with their

trauma through this method of intervention as they listen to and

realize that they are not alone to have gone through this man

made tragedy. An optimistic ground can also be created to make

provisions for the

survivors to speak up

and in the long run

raise a voice in

unison against the

perpetrators who

revels in impunity.

The message has to

be loud and clear so

as to break the

silence against

impunity. Every

citizen of democratic

and free India, as a fundamental right, seeks the immediate

ratification of the Convention against Torture without any

reservations and the ratification of the Optional Protocol to the

Convention. India signed the treaty in 1997 without any

reservation or declaration. It is a matter of national disgrace that

15 years since, the government has failed to adopt an appropriate

Torture Prevention Bill that is fully compliant with the provisions

of the UN treaty and international human rights law. Untilaccountable legislative and policy measures are adopted and

enforced, victims of serious human rights violations have no full

recourse towards redress for their sufferings in the continuing

climate of impunity that prevails in India.

Testimonies contribute substantially towards a positive change

but for the victims, accountability and justice, is a human right.

But impunity also draws a much larger canvas, one that

stretches the horizons of human rights issues. Impunity is a


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severe rot in the very roots of democracy, governance and the

rule of law.

Impunity cannot exist without legal sanction and political

patronage. The concept and development of the security sector

in India needs a very careful and holistic appraisal if we are touproot impunity. The term is associated with different and often

competing definitions, which include either a narrow or a broad

set of actors. In the first instance, security sector refers to only

state organisation authorised to use force. In the broader

definition, the United Nations Development Programme (UNDP)

suggested in 2002 a definition which also includes justice and

law enforcement institutions, civil management oversight bodies,

non-statutory security forces and civil society groups.

Mr. Mathews Philip, Executive Director SICHREMviii said,

Probably the most important and effective step to combat this

evil would be to increase transparency within the system where

records, police stations and detention centres are open to

scrutiny by

members of the

media, non-governmental

organizations

and other watch

organizations.

There must be a

clear chain of

command in the

ranks of thepolice and each

official must

know that they would be held personally responsible for the

treatment of the detainees under their supervision. Preventing

any forms of incommunicado detention and improving detaining

conditions must also be carried out. Female officers must be

present when women are detained. Awareness programmes must

be carried out to make known to officials that any form of torture


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or ill-treatment would not be tolerated and that matters relating

to these would be strictly investigated. Legislation must be

strengthened allowing for effective adjudicating and investigating

bodies to look into matters of alleged torture and the

punishments reserved for convicted individuals should be madestricter.

Addressing the meeting, Guest of Honour Mr. Pavel Svitil,

Charg d'affaires, European Union Delegation to

India emphasized that the prevention and eradication of all forms

of torture and ill-treatment worldwide represents one of the main

objectives of the EU human rights policy. The EU Guidelines

give the EU a wide range

of instruments to raise the

issue of torture and to

reach EU objectives, most

notably: through political

dialogue, diplomatic

representations and

financial assistance under

the European Instrument

for Democracy and

Human Rights. "We are

hence raising the issue of

torture systematically

with our partner countries, and no individual country or group of

countries is left out" he added Over the last 5 years, according to

Mr. Svitil, an average of 12 million (Rs. 85 crore) per year had

been allocated, globally, by the European Instrument forDemocracy and Human Rights to funding anti-torture projects.

Between 2007-10, the EIDHR funded, indicatively, 80 projects

around the world in the field of torture prevention and victim

rehabilitation. For 2011-2013, the EIDHR allocated almost 38

million (Rs. 270 crore) to support civil society organisations

around the world to implement anti- torture actions (i. e. 12.5

million, Rs. 88 crores per year).


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In India, Mr Svitil informed the meeting, the EU provides support

to NGOs for actions related to prevention of torture

andrehabilitation of torture victims. Since 2006, it has

committed more than 2.6 million. (Rs.19 crore) to support a

number of projects that have focused on prevention of torturethrough awareness-raising and advocacy; improving health and

dignity of torture victims; and reducing the incidence of torture

by police among certain communities.ix

Mr. Gautam Navlakha, Consultant Editor-Economic and Political

Weekly while concluding the session pointed towards the three

difficulties that face:

First problem, level of passage of prevention of torture bill itself

which is actually stucked and not moving anywhere. It is before

now the cabinet and cabinet has to take decision, whether

modified and strengthen act which is what we asking for whether

it will passed or wont be because there is lot of pressure coming

from security apparatus, Home Ministry and Ministry of defence

and other who believe any strengthening of act will impinge on

India ability to handle conflict situation, insurgency and

terrorism etc.

The other problem we faces in the light of supreme court in

Pathribal judgment redefined "good faith" to mean that every

security personnel

would be presumed

to be working in good

faith and this can

only be dislodged if

there is cogent andcognisable evidence.

This is catch 22

situation because

even if there is prima

facie evidence against

security personnel

without sanction


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from the government no prosecution can be effected. Reality is

that government is chary of giving sanction.

Third Problem Societal level which Dr. Sanker Sen pointed out

which is very important there is sanction and there is support

from within the society for torture to take place. I will take 3 arechallenges are force before us:

Rehabilitation and Justice for survivor of torture is not only

compensation. In my view it is more important things in term of

justice and the together with justice rehabilitation of victim what

Dr. Roy & Mathews Philip pointed towards testimonial, said Dr

Roy, would be unfair unless we can ensure their rehabilitation. In

absence of it testimonials could reinforce trauma. It is veryimportant in term of rehabilitation there are problem. It draw

attention towards the fact that testimonial from the victim unless

we are able to guarantee & help mere testimonial will now

survive. I think it is a veryvery important point that you must

take rehabilitation of survivor is very important. All of us work in

the civil and democratic rights organizations. We come across

innumerable of cases and we still and get confronted by people

and group who suffered or whose life have being destroyed.

I would like to thanks the organizers of this conference with focus

attention on something which is actually being neglected in this

country for veryvery long time and torture seem to have come

spurt only become part of our consciousness. It is a high time

we ended torture. Impunity where forces or officers feel that they

are free.

Mr. John Dayal member

of the National Integration

Council (NIC) of India

inaugurated Musahar

documentaryx.
http://en.wikipedia.org/wiki/National_Integration_Councilhttp://en.wikipedia.org/wiki/National_Integration_Councilhttp://en.wikipedia.org/wiki/National_Integration_Councilhttp://en.wikipedia.org/wiki/National_Integration_Council


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Mr. Musab Iqbal Chief

Editor, Newzfirst chaired

the first session

Breaking of silence andamplifying the voice of

survivors in the era of

Information technology

and the key speakers

were MustaqUlHaq

Ahmad Sikander,

Independent Activist

and Freelance Writerxi and Mr. Philip Mathew, Executive

Director, SICHREM, Mr. Goldy George, Dalit Rights Activist.

The second session Discussion on Conflict Prone Area was

chaired by Mr. K. S

Subramanian the key

speaker Montu

Ahanthem Secretary

Wide Angle, Mr. Tarun

Kanti Bose, Independent

journalistxii, Prasenjit

Biswas, Member Barak

Human Rights Protection

Committee, Shipra Devi,

Managing Trustee,

Nivedita Foundation and

Mr. Roop Sen, Sanjog, Mr. Manoj Jena, Chairperson, Human

Rights Front.

After Lunch Ms. Uma Chatterjee chaired the session where two

member of management Committee Mr. Anup Kumar Srivastava

shared about PVCHR - EU Reducing Police Torture against

Muslims at the Grassroot level by engaging and strengthening

Human Rights Institutions in India.


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Ms. Shirin Shabana

Khan shared about

PVCHR RCT project

promoting psycho

legal framework to

reduce Torture and

Organized Violence in

India.

In the last session to

know about Impact oftestimonial therapy in

the life of suvivorsfive

survivors Harinath,

Bhonu, Ram Kripal,

Phool Chand, Kamlesh

shared the changes in

the life after being

psychologicallysupported through

testimonial therapy.

Mohd. Aamir Khan also shared his self-suffering and

said "Implementation of our laws needs to be strict and the trial

must be expedited. The delegates after hearing the self-suffering

hold tears in their eyes.


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On 13th July, 2012

Mr. Nageshwar Patnaik,

Vice President PVCHR

chaired the session

Future planning for

making testimonial

movement in India:

Consolidation of

National Alliance on

Testimonial Therapyin

Indiaand key speaker

were Mr. PhilipMathew, Executive Director, SICHREM, Ms. Uma Chatterjee,

Director, Sanjog, Dr. Lenin Raghuvanshi, Executive Director,

PVCHR, Prasenjit Biswas, Member Barak Human Rights

Protection Committee, Mr. Santosh and Dr. Syed Mahar - Ul -

Hasan, Director/General Secretary, United Reformers

Organization Bhopalxiii

The future planning as follows:1)A strong group of well trained human rights defenders frommarginalized Communities documenting cases of torture

and other forms of human rights violations;

2)Civil society groups engage the elected representatives inpre legislative right based debate from the panchayat

level on the State ofmarginalized community;

3)Human rights institutions effectively intervene on thecomplaints of human rights violation by the state and nonstate actors and provide directions for delivery of justice,

adequate compensation and rehabilitation ;

4)Effective media engagement results in establishment of astrong civil society network that challenges the present

development paradigm and social discrimination which are

the main cause of massive human rights violation.

5)Model anti Torture and organized violence Village creationand Survivors empowered to be Defenders


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Mr. Goldy George highlighted to bring the politics of survivors

for strengthening the local processes against torture and

organized violence. He emphasized on breaking of silence and

resilience of survivors through inculcating empowerment

processes. After in depth deliberation we chalked out followsvalue for NATT:

To promote & strengthen Politics of survivor throughpsychosocial support to survivors & amplify the voice of

voiceless.

To promote & strengthen the diverse independent processesagainst torture and organized violence based on rule of law,

justice, democracy and nonviolence.

NATT is platform for sharing and learining and solidarity forsurvivors movement against TOV, not for funding.

Core team of NATT formed:

SICHREM from Karnataka, PVCHR from Uttar Pradesh, BHRPC

from Assam, DASHRA from Bihar, Mr. Goldy George from

Chattisgarh, Mustaq Ahmad Sikander from Jammu & Kashmir,

Ms. Afsana Sayed from Jammu & Kashmir and Wide Angle fromManipur.

The program ended with vote of thanks given by MS. Shruti

Nagvanshi, Managing Trustee, PVCHR/JMN

News in Media:

http://twocircles.net/2012jul18/torture_one_most_common_forms_human_

rights_violations.html#.UAYLMA23MgI.facebook

http://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award

_cash_rights_group.html

http://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-

passagepreventiontorture-bill_729576.html

http://www.business-standard.com/generalnews/news/nhrc-pitches-for-

passagepreventiontorture-bill/31353/

http://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--

prevention-of-torture-bill
http://twocircles.net/2012jul18/torture_one_most_common_forms_human_rights_violations.html#.UAYLMA23MgI.facebookhttp://twocircles.net/2012jul18/torture_one_most_common_forms_human_rights_violations.html#.UAYLMA23MgI.facebookhttp://twocircles.net/2012jul18/torture_one_most_common_forms_human_rights_violations.html#.UAYLMA23MgI.facebookhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlhttp://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-passagepreventiontorture-bill_729576.htmlhttp://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-passagepreventiontorture-bill_729576.htmlhttp://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-passagepreventiontorture-bill_729576.htmlhttp://www.business-standard.com/generalnews/news/nhrc-pitches-for-passagepreventiontorture-bill/31353/http://www.business-standard.com/generalnews/news/nhrc-pitches-for-passagepreventiontorture-bill/31353/http://www.business-standard.com/generalnews/news/nhrc-pitches-for-passagepreventiontorture-bill/31353/http://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--prevention-of-torture-billhttp://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--prevention-of-torture-billhttp://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--prevention-of-torture-billhttp://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--prevention-of-torture-billhttp://www.ptinews.com/news/2785367_NHRC-pitches-for-passage-of--prevention-of-torture-billhttp://www.business-standard.com/generalnews/news/nhrc-pitches-for-passagepreventiontorture-bill/31353/http://www.business-standard.com/generalnews/news/nhrc-pitches-for-passagepreventiontorture-bill/31353/http://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-passagepreventiontorture-bill_729576.htmlhttp://www.moneycontrol.com/news/wire-news/nhrc-pitches-for-passagepreventiontorture-bill_729576.htmlhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlhttp://twocircles.net/2012jul18/torture_one_most_common_forms_human_rights_violations.html#.UAYLMA23MgI.facebookhttp://twocircles.net/2012jul18/torture_one_most_common_forms_human_rights_violations.html#.UAYLMA23MgI.facebook


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http://www.bbc.co.uk/hindi/india/2012/07/120712_aamir_jailed14yrs_tb.

shtml

http://ibnlive.in.com/generalnewsfeed/news/nhrc-pitches-for-passage-of-

prevention-of-torture-bill/1021900.html

http://www.bahujanindia.in/index.php?option=com_content&view=article&id=7161%3A-national-human-rights-commission&catid=131%3A2011-11-

30-09-49-35&Itemid=536

iwww.rct.dkPVCHRRCT project Promoting psycho-legal framework toreduce torture and organized violence.iihttp://eeas.europa.eu/india/index_en.htm PVCHR - EU project Reducing police torture against Muslim at the grassroot level by engaging& strengthening human rights in India.iii

http://www.testimonialtherapy.org/2012/07/national-consultation-testimonial.htmlivhttp://twocircles.net/2012jul12/mohammad_aamir_khan_honoured_award_cash_rights_group.htmlvhttp://www.bbc.co.uk/hindi/india/2012/07/120712_aamir_jailed14yrs_tb.shtml

vi http://www.pvchr.net/2012/07/prevention-of-torture-law-is-much.html

vii http://www.testimonialtherapy.org/2012/07/giving-voice-to-end-impunity-through.htmlviii http://www.testimonialtherapy.org/2012/07/torture-burning-human-rights-issue-in.htmlixixhttp://www.testimonialtherapy.org/2012/07/he-mr-pavel-svitil-charge-daffaires.html

xhttp://www.pvchr.net/2012/07/musahar-life-of-torture-by-state-with.html

xi http://www.testimonialtherapy.org/2012/07/the-saga-of-torture-in-kashmir.html

xii

http://www.testimonialtherapy.org/2012/07/tribal-dignity-rights-and-values.htmlxiii http://www.testimonialtherapy.org/2012/07/peoples-participation-to-eliminate.html
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Documents

National Consultation Report