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Vesuvius plc "Vesuvius" or "the Group". Zurück zur Übersicht. Nächster Artikel. Web: www. Zum Profil. Juli November August Mai The Unlawful Activities Prevention Act UAPA , which gives authorities the ability to detain persons without charge in cases related to insurgency or terrorism for up to days, makes no bail provisions for foreign nationals and allows courts to deny bail in the case of detained citizens. The UAPA presumes the accused to be guilty if the prosecution can produce evidence of the possession of arms or explosives or the presence of fingerprints at a crime scene, regardless of whether authorities demonstrate criminal intent.
State governments also reportedly held persons without bail for extended periods before filing formal charges under the UAPA. On March 23, the MHA declared the Jammu and Kashmir Liberation Front JKLF , led by Mohammed Yasin Malik, an unlawful organization for five years under the UAPA. On August 2, the parliament passed the Unlawful Activities Prevention Amendment Bill, The amendment allows the government to designate individuals as terrorists and provides new authorities to the National Investigation Agency to investigate cases relating to narcotics, terrorism, and trafficking in persons.
On August 8, the Bombay High Court granted temporary bail to Sudha Bharadwaj, permitting her to attend post-funeral rites for her deceased father. Bharadwaj is one of the five human rights activists that Maharashtra police arrested in in connection with an alleged plot to overthrow the government and assassinate the prime minister.
All five asserted wrongful arrest and detention and further claimed that the arrests were intended to muzzle voices of dissent, as all five were active in protesting arrests of other human rights defenders. Arbitrary Arrest : The law prohibits arbitrary arrest or detention, but in some cases, police reportedly continued to arrest citizens arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.
Pretrial Detention : NCRB data reported , prisoners were awaiting trial at the end of , comprising In Amnesty International released a report on pretrial detention, which noted that shortages of police escorts, vehicles, and drivers caused delays in bringing prisoners to trial. According to the Amnesty report, the pretrial population is composed of a disproportionate number of Muslims, Dalits, and Adivasis, who made up 53 percent of prisoners awaiting trial.
Media reported the high numbers of pretrial detainees contributed to prison overcrowding. Based on data from the National Legal Services Authority, media sources estimated prisons were at percent capacity nationally and at percent capacity in Delhi. Some NGOs criticized these courts for failing to uphold due process and requiring detainees unable to afford bail to remain in detention. The law provides for an independent judiciary, and the government generally respected judicial independence, but the judicial system was plagued by delays, capacity challenges, and corruption.
The judicial system remained seriously overburdened and lacked modern case management systems, often delaying or denying justice.
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The law provides for the right to a fair and public trial, except in proceedings that involve official secrets or state security. Defendants enjoy the presumption of innocence, except as described under UAPA conditions, and may choose their counsel. The constitution specifies the state should provide free legal counsel to defendants who cannot afford it to ensure that opportunities for securing justice are not denied to any citizen, but circumstances often limited access to competent counsel.
An overburdened justice system resulted in lengthy delays in court cases, with disposition sometimes taking more than a decade. While defendants have the right to confront accusers and present their own witnesses and evidence, defendants sometimes did not exercise this right due to lack of proper legal representation.
Defendants have the right not to testify or confess guilt. Courts must announce sentences publicly, and there are effective channels for appeal at most levels of the judicial system. There were reports of political prisoners and detainees. According to NGOs and several media reports, the government detained between 3, and 4, individuals in Jammu and Kashmir, including more than mainstream politicians under the Public Safety Act.
The government did not officially confirm these large-scale detentions except those of prominent politicians, including former chief ministers Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti.
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Individuals, or NGOs on behalf of individuals or groups, may file public-interest litigation petitions in any high court or directly to the Supreme Court to seek judicial redress of public injury. Grievances may include a breach of public duty by a government agent or a violation of a constitutional provision.
NGOs credited public-interest litigation petitions with making government officials accountable to civil society organizations in cases involving allegations of corruption and partiality. The law, with some exceptions, prohibits arbitrary interference. The government generally respected this provision, although, at times, authorities infringed upon the privacy rights of citizens. The law requires police to obtain warrants to conduct searches and seizures, except for cases in which such actions would cause undue delay.
Police must justify warrantless searches in writing to the nearest magistrate with jurisdiction over the offense. Both the central and state governments intercepted communications under legal authority. In addition, the UAPA also allows use of evidence obtained from intercepted communications in terrorist cases.
In Jammu and Kashmir, Punjab, and Manipur, security officials have special authorities to search and arrest without a warrant.
The armed forces and police forces also engaged with separatist insurgents and terrorist groups in Jammu and Kashmir. The use of force by all parties to the conflicts resulted in deaths and injuries to both conflict participants and civilians. There were reports government security forces committed extrajudicial killings, including staging encounter killings. According to the second UN OHCHR publication, T he Report on Situation of Human Rights in Kashmir , civil society estimated up to 21 civilians were killed by Indian and Pakistani security forces and other armed groups in the first three months of the year.
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There were few investigations and prosecutions of human rights violations or abuses arising from internal conflicts. In the past, central and state governments and armed forces investigated some complaints and punished some violations committed by government forces, but no investigation was reported during the year. Authorities arrested and tried insurgents under terrorism-related legislation. Killings : Various domestic and international human rights organizations continued to express serious concern at the use of pellet guns by security forces for crowd-control purposes in Jammu and Kashmir.
Human Rights Watch HRW reported that, according to official government figures, 17 individuals died from pellet-gun injuries between July and August On September 4, year-old Asrar Ahmed Khan died in a hospital in Srinagar from injuries he sustained during a protest.
While police claimed Khan was injured by a rock thrown by protesters, his family cited the postmortem report, which mentioned death due to pellet injuries. On February 14, more than 40 members of the security forces were killed in a suicide bombing carried out by Jaish-e-Mohammed in Pulwama on the Srinagar-Jammu highway. In Maoist-affected areas, there were reports of abuses by insurgents and security forces. In May , seven police officers were killed when their vehicle ran over an improvised explosive device IED allegedly planted by Maoist insurgents along the road in the Dantewada District in southern Chhattisgarh.
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According to media reports, 26 personnel of the CoBRA battalion of the Central Armed Police Force and Jharkhand state police were injured. The NGO alleged police killed Lingayya from close range, although he was incapacitated after being wounded in police firing; the NGO called for registering murder charges against police officials allegedly responsible for the killing. On March 15, two members of indigenous groups, Batti Bhushanam and Sidaari Jamadhar, died in an alleged exchange of fire between police and Maoists in Visakhapatnam District of Andhra Pradesh.
Abductions : Human rights groups maintained that military, paramilitary, and insurgent forces abducted numerous persons in Manipur, Jharkhand, Jammu and Kashmir, and Maoist-affected areas. Physical Abuse, Punishment, and Torture : There were reports government security forces tortured, raped, and mistreated insurgents and alleged terrorists in custody and injured demonstrators.
Human rights activists alleged some prisoners were tortured or killed during detention. A May report by the Jammu and Kashmir Coalition of Civil Society and the Association of Parents of Disappeared Persons alleged that police, military, and paramilitary forces in Jammu and Kashmir used torture against civilians and opposition over the past four decades. The association documented testimonies from individuals who claimed to have been tortured. Child Soldiers : Insurgent groups reportedly used children to attack government entities.
In June the annual UN Children and Armed Conflict report found that children continued to be affected by violence between armed groups and the government, particularly in Chhattisgarh, Jharkhand, and Jammu and Kashmir. Three incidents of child recruitment and conscription by separatist groups were reported in Jammu and Kashmir; unverified reports also indicated children were used as informants and spies by national security forces. In addition, nonstate armed groups reportedly forced children to serve as spies, couriers, and soldiers in the states of Bihar, Chhattisgarh, Jharkhand, Maharashtra, West Bengal, and Odisha and as soldiers in Jammu and Kashmir.
According to government sources, Maoist groups sometimes used children as human shields in confrontations with security forces. Some female child soldiers reported that commanders recruited and used them in part for sexual exploitation. Although the United Nations was not able to verify all allegations of child soldiers, NGO observers reported children as young as 12 were members of Maoist youth groups and allied militia.
The children reportedly handled weapons and IEDs. Maoists reportedly held children against their will and threatened severe reprisals, including the killing of family members, if the children attempted to escape. The government claimed, based on statements of several women formerly associated with Maoist groups, that sexual violence, including rape and other forms of abuse, was a practice in some Maoist camps. NGOs quoting police contacts stated that children employed by Maoist groups in Jharkhand were made to carry IED triggers with them.
There were continued reports on the use of schools as military barracks and bases. The deployment of government security forces near schools remained a concern. There were reports armed groups recruited children from schools in Chhattisgarh. In January the Observer Research Foundation think tank released the report Children as combatants and the failure of state and society: The case of the Kashmir conflict.