India: Submission to the Human Rights Committee concerning implementation of articles of the International Covenant on Civil and Political Rights

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), countries which have ratified the covenant are obliged to submit reports to the Human Rights Committee (set up under articles 28-40 of the covenant). These reports should describe measures adopted to give effect to the rights recognised within the covenant and on the progress made in the enjoyment of those rights. On 29 November 1995, India submitted its third periodic report to the Human Rights Committee which is scheduled to be considered at the Committee's fifty-ninth session in Geneva in July 1997. The purpose of this submission by Amnesty International to the Human Rights Committee is to provide supplementary and updated information on Amnesty International's concerns and the problems of implementation of the ICCPR in India where this may be useful. Not all the articles in the covenant have been addressed. Amnesty International is calling on the government, at this time when its international obligations are under scrutiny, to take steps to safeguard the rights set out in the covenant in law and in practice. In particular, this submission draws attention to the following concerns: ? The shortcomings of India's implementation of safeguards to prevent human rights violations, contained in the Indian Constitution, the criminal law and in court orders; ? The absence of adequate mechanisms to ensure full redress (including investigation, prosecution and compensation) for all victims of human rights violations; ? The continuing state of impunity for the majority of perpetrators of human rights violations, particularly in areas of armed conflict; ? The existence of special legislation which grants security forces with wide powers to arrest and detain, shoot to kill and escape prosecution for violations, provisions of which suspend safeguards to protect the fundamental rights of citizens in India; ? The existence of a raft of legislation which provides for preventive detention which has been used to detain people not only in areas of armed conflict but has also been used against those defending the full range of human rights as set out in the Universal Declaration of Human Rights; ? The particular vulnerabilities of economically and socially disadvantaged groups in India, including women, dalit and tribal peoples, to a whole range of human rights violations and the particular problems they have in obtaining redress.