During 1994, the Special Rapporteur received a number of reports and allegations of human rights violations, including extrajudicial, summary or arbitrary executions, in India. Most of these reports referred to deaths in the custody of the security forces as a result of torture. Concern was expressed that legal safeguards currently in force in India were not sufficient to protect detainees, and those that exist are often disregarded. The Special Rapporteur was informed that legislative proposals were brought before Parliament by the Government in May 1994 with a view to strengthening legal safeguards to protect police detainees from torture. The National Human Rights Commission, established in September 1993, reportedly started investigations into deaths in custody. However, several sources informed the Special Rapporteur that the vast majority of those responsible for deaths in custody, whether police or army personnel, have not yet been brought to justice.

The Government stressed the disregard for human rights and the rule of law shown by terrorists and armed groups in the States of Jammu and Kashmir and Punjab. The Government pointed out, inter alia, that attacks by these armed groups were directed mainly against the civilian population, and that the authorities were determined to protect the human rights of Indian citizens. Rigorous measures were taken to punish security forces personnelfor excesses committed.

Special Rapporteur would like to express concern at the apparent contradiction between the information received from the Government regarding allegations transmitted to the authorities in 1992 and 1993, and comments and observations provided by the sources of these allegations with regard to this information. As he pointed out in his 22 September 1994 letter to the Government, the Special Rapporteur finds himself in a position where it is virtually impossible for him to determine which of the contradicting versions corresponds to reality. In 1993, the Special Rapporteur had inquired whether the Government would consider inviting him to visit India. In November 1993, and again in February 1994, he met with representatives of the Government to discuss the possibility of such a visit. He was informed then that the authorities preferred to await the first results of the work of the newly established National Human Rights Commission before considering a visit by the Special Rapporteur. However, in view of the dilemma outlined above, the Special Rapporteur reiterated his interest in visiting India so as to be in a position to assess the situation on the basis of first-hand information. The Special Rapporteur also feels that a visit could provide a welcome opportunity to meet the members of the Human Rights Commission for a mutually beneficial exchange of views on issues of common concern: the Special Rapporteur may be in a position to formulate recommendations which could benefit the work of the Commission and to obtain a better understanding of its functioning in practice as well as of the problems and difficulties it encounters.