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Press Releases / Statements / India / 2020 / January

India: Human Rights Violations and Police Brutality in Uttar Pradesh Statement by SOS-Torture Asia Litigators Group

Global, 17 January 2020 - We are deeply alarmed by the grave violations of human rights that are taking place in the State of Uttar Pradesh (UP) in India, against the backdrop of widespread protests and demonstrations on the recent Citizenship (Amendment) Act 2019 (CAA) and the proposed National Register of Citizens. In the name of curbing 'violent protests', the UP Police has been using brutal and excessive force, which has reportedly included firing indiscriminately into crowds, beating Muslim bystanders, and detaining and torturing Muslim children.

It is deeply disturbing that Muslim communities and regions are being specifically targeted and ruthlessly hounded, with many even fearing to file complaints or choosing to leave their homes. The State of Uttar Pradesh has seen the worst crackdown, with the Chief Minister of the State proclaiming 'revenge' against the protestors.

To date, 25 people have reportedly been killed in police action, all in Bharatiya Janata Party (BJP) ruled States, with most being Muslims. Evidence shows that police used excessive force against demonstrators, most of whom were peaceful. Among those killed was an eight-year old in Varanasi, Prime Minister Modi’s parliamentary constituency. The authorities fabricate cases against human rights defenders and file complaints en masse against thousands of people, mostly Muslims. Police is confiscating properties and a complete state of terror and destruction prevails in the State right now.

According to interviews with children and their parents published by the HuffPost India, police in Bijnor detained and tortured around 22 Muslim children between the ages of 13 to 17 for 48 hours, before releasing them. Five of the children interviewed described torture ranging from repeated violent assault, forced stripping, sleep deprivation, and being forced to watch the police assault adult detainees confined in the same facility where the children were held.

These are some of the intensely disturbing reports that have surfaced, and violations continue to occur. We urgently call on the Indian authorities to respect and protect human rights, enforce order and uphold the rule of law. We are deeply concerned that the world’s largest democracy is failing to uphold the principles of democratic rights and their exercise.

Specifically, we most humbly appeal on the Judiciary and the National Human Rights Commission (NHRC) to urgently and immediately intervene to ensure that, under no circumstance, fundamental freedoms are suspended in Uttar Pradesh and to hold officials accountable for doing so, while also ensuring that the guidelines laid down by the NHRC and Supreme Court of India are strictly adhered to, in all cases of deaths in police actions, arrests and torture, and that human rights defenders do not face reprisals, especially in the form of fabricated charges for criticising the CAA.

Further, we ask that an independent judicial inquiry be ordered by the High Court of UP, to include judges from outside the State, so as to ensure that victims of police violence, human rights defenders who were detained and arrested, family members, relatives and colleagues of those killed in firing are provided protection as per the Supreme Court guidelines, to be able to freely depose before the inquiry commission.

Finally, we ask that the Judiciary take suo moto cognisance of the blanket and illegal application of Section 144 of the Criminal Procedure Code across the entire State of UP, which has  led to a ban on public meetings amounting to a complete suspension of the fundamental rights to freedom of speech and expression and to peacefully assemble, which are guaranteed in Article 19 of the Constitution of India.

The SOS-Torture Asia Litigators Group strongly urges the Indian government to immediately act on these violations, particularly, to end police brutality in UP, provide redress and facilitate accountability, uphold the rights of its peoples, and faithfully observe its international obligations under relevant conventions.

List of signatories

Advocacy Forum Nepal

Cross Cultural Foundation

Human Rights Alert Manipur

Human Rights Organisation of Nepal (HURON)

Philippines Alliance of Human Rights Advocates (PAHRA)

“Spravedlivost" (Justice) Jalal-Abad Human Rights Organization

Women in Struggle for Empowerment (WISE).

World Organisation Against Torture (OMCT)

Properties

Date: January 1, 2020
Activity: Press Releases
Type: Statements
Country: India
Subjects: Arbitrary arrests and enforced disappearances, Justice system, Police, Military and Paramilitary, Press Releases, Rights of the child, Threats, intimidation and harassment, Torture and violence

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