New Delhi, March 31 (KMS): UN Special Rapporteur Christof Heyns called for repeal of all draconian laws, including Armed Forces Special Powers Act (AFSPA), Jammu and Kashmir Disturbed Areas Act (DAA) and Public Safety Act (PSA).
Releasing an interim report of his 12-day visit to India and Jammu Kashmir, the UN Special Rapporteur on extra-judicial, summary or arbitrary executions told reporters in New Delhi on Friday, “AFSPA … has no role in a democracy and should be scrapped.”
“The contentious law has become a symbol of excessive state power and has resulted in consuming innocent lives in Jammu and Kashmir and Assam,” he said.
Terming AFSPA a clear violation of international law, Heyns said its repeal would send out a powerful message that instead of a military approach, India was committed to respecting the right to life of all people.
Accountability is circumvented by invoking AFSPA's requirement of obtaining prior sanction from the Indian government before any civil prosecutions can be initiated against armed forces personnel, he said.
“Information received through RTI applications show that this immunity provision effectively blocks any prosecution of members of the armed forces,” he added.
The UN official said the powers that authorities have to override rights in these areas (Kashmir and Assam) were more extensive than they would be under a state of emergency “since the right to life is in effect suspended, and this is done without the safeguards applicable to states of emergency.”
“This law has been described to me as 'hated,' and a member of a (Kashmir) human rights commission has called it draconian,” said Heyns, who also visited Kashmir ahead of Friday's news conference.
He is set to draft a report with his findings and his final recommendations, which he will present to the UN Human Rights Council next year.
Noting that India’s National Human Rights Commission is also in favor of its repeal, Heyns challenged the constitutionality of the special powers act.
In addition, the other laws that are not in conformity with the international standards, including the Code of Conduct on Extra judicial Executions, should also be repealed.
In this regard he pointed to Jammu and Kashmir Public Safety Act, Jammu and Kashmir Disturbed Areas Act, 2005 etc.
"The main finding in my report is that despite constitutional guarantees and a robust human rights jurisprudence, extrajudicial killings continue … it is a matter of serious concern," Heyns said.
In the face of allegations of fake encounters and mass graves in the Valley, Heyns has recommended that as a counter to impunity for extrajudicial executions, where the police cause the death of a person in an “encounter”, the registration of FIR under Section 302 against the police should be made mandatory.
It should be followed by an independent investigation of the matter and it should be left to a competent court to decide whether the police acted in self-defense or committed culpable homicide.
Yet, in another significant recommendation the UN official has said that the National Human Rights Commission should be given the mandate to investigate the actions of the armed forces. There should not be a year cut-off date on such cases, which they can consider, he suggested.
Seeking a greater role for the UN, he said that the practice of inviting UN special procedures be continued particularly in areas where international concerns have been expressed.
However, Heyns was defensive when asked if the views and opinions that he came across in Jammu were compatible with the expressions he heard in the Valley. “The civil society in both the places (Jammu and Valley) was concerned about the abuse of power by the official machinery,” he observed.
Commenting on the use of force by the state actors, he said that disproportionate use of force during demonstrations in the Valley had resulted in the death of over 100 youth in 2010.
In comparison in Delhi and elsewhere many demonstrations take place without bloodshed.
He rued that a practice of fake encounters has developed in some areas, a reference to Kashmir.
“Those killed are then portrayed as aggressors who had first resorted to opening fire and the police escape legal action,” he further observed.
In the report, Heyns proposed a number of provisional steps to be taken to address these concerns, including the establishment of a Commission of Inquiry, consisting of respected lawyers and other community leaders.
"India also should ratify a number of international treaties, including the Convention Against Torture and the International Convention for the Protection of All persons from Enforced Disappearance," he demanded. KMS
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Who is Barney's Bride?Never trust How I Met Your Mother . When you think you see something happening, Carter Bays knows how to turn things around on their head, and he does it pitch perfectly in the season seven finale .
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Unfortunately, this ploy can be seen from a mile away, kind of . Barney claims he can't open the box in his luggage, because it's a magic trick and magicians don't reveal their secrets . But when they miss their flight, and Quinn admits she quit her job as a stripper, he does the trick . graduation dresses for juniors
It involves a sword, a key on a necklace, an explosion, and last and not surprisingly, a ring . Barney proposes to Quinn, and they're engaged . Despite the magic, it seems a bit of a let down, yes? But it's not over yet .
Since they've missed their flight, they might as well tell their friends . Everyone is thrilled at Marshall and Lily's place, but, not surprisingly, Robin just looks plain shocked and sad .
As Quinn goes into the nursery to tell the tale of their engagement, Barney and Robin share a few words, ones that mirror Ted and Victoria's story pretty well . After all, Barney jokes they could still run away together homecoming dresses for juniors . "I'm awesome, and you know it," he says .
"Yeah, I do," Robin whispers . And as Ted rides off into the sunset with Victoria, Robin thinks it's truly over between her and Barney .
But there's one final moment in the church the day of Barney's wedding . There's been twists and turns, best man Ted Mosby says, but "in a weird way, it all makes sense, doesn't it?" He then goes in to see the bride, and it does make sense . Because it's not Quinn standing there waiting to talk to the best man .
Barney's bride is Robin, and season eight will just have to show how the two most awesomest, legen-wait for it-dary people finally found happiness with each other . Because that, kids, was the best possible ending to the How I Met Your Mother season finale .
In ways, it made sense . After all, why would Quinn have asked to talk to Ted right before the wedding? But it doesn't make it any less special . It's a pitch perfect moment and just the right way to end the seventh season . Barney found his lady love, but that journey to the altar will have to wait until September .
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Ear Piercing ProcedureIt is always best to have any piercing, including earlobes, performed by a professional body piercer using single-use sterile needles . Unlike ear piercing guns, needles can be sterilized in a machine called an autoclave, which uses high-pressure steam to remove all viable microorganisms from an object's surface . Plastic piercing guns cannot be autoclaved and can, therefore, spread infection from one client to the next, even if they are print prom dresses wiped down with disinfectant . Piercings performed with sterile needles and surgical-steel jewelry often heal more smoothly than gun piercings, since a gun uses blunt-force trauma to shoot a stud through the lobe .
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Stretching a PiercingHeavy dangling jewelry has the potential to stretch your piercings or even rip through the lobes . If you choose to wear heavy earrings, look for small silicone piercing protectors that you can insert into the holes before inserting the jewelry . These protectors provide strength around the piercing holes, keeping the jewelry from stretching or tearing them . They can short homecoming dresses also protect against metal allergies, a common problem resulting from wearing inexpensive costume jewelry . It should not be used as a substitute for professional medical advice, diagnosis or treatment . LIVESTRONG is a registered trademark of the LIVESTRONG Foundation . Moreover, we do not select every advertiser or advertisement that appears on the web site-many of the advertisements are served by third party advertising companies .
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