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Amnesty asks Kashmir government to repeal 'lawless law'
Sunday October 14, 2012 09:22:16 AM,
IANS
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New Delhi: Amnesty
International has slammed the Jammu and Kashmir government for
continuing to use the Public Safety Act (PSA) to detain people
without charge or trial in violation of their human rights and
demanded its repeal.
Terming the PSA, under which police can arrest any suspect and
keep him/her in jail for two years without trial, as a "lawless
law", Amnesty has demanded that all PSA detainees "must be charged
and prosecuted through a fair trial in a court of law or else
released".
"...despite legal and policy developments in the region, J&K
authorities still use the PSA to facilitate a range of
rights-violating behavior," it said in a statement Saturday.
"In 2011, Amnesty International released a report documenting how
the PSA violates human rights. Not much appears to have changed in
2012. The PSA provides for arbitrary detention, in violation of
the right to liberty which India is obliged to respect under
international human rights treaties.
"Further violations facilitated by the PSA include 'revolving door
detentions', ill treatment in detention, the denial of medical
care to detainees, and lack of reparations for victims. Amnesty
International also found that PSA detention orders were still
being used against children despite it now being prohibited."
Ananth Guruswamy, director, Amnesty International India, said: "
The J&K authorities continue to use the PSA to circumvent the rule
of law and the criminal justice system. They resort to PSA
detentions instead of charging and trying persons suspected of
offences in court."
"J&K authorities often keep persons in detention even after the
detentions have been quashed by the High Court".
"Even the Chief of Police in Kashmir has acknowledged that around
15,600 people were detained under the PSA without charge or trial
in the last two decades. Detainees include political leaders and
activists, suspected members or supporters of armed opposition
groups, lawyers, journalists and protesters, including children."
It said that UN officials who visited Srinagar have recommended
that the PSA be repealed. "While Indian authorities have the right
and duty to defend and protect their population from violence,
this must be done while respecting the human rights of all
concerned and abiding by international law.
"The Public Safety Act violates international human rights law and
must be repealed," said Guruswamy. "All PSA detainees must be
charged and prosecuted through a fair trial in a court of law or
else released," he demanded.
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