regrets, in this connection, that the memorandum of action taken on its preceding reports have, in respect of this matter, eaaentlally recalled tha provisions of the Protection of Human Rights Ad, 1983 in regard to complaints brought against the armed forces, without dealing with the speclfic recommendationof the Commtsslon on thls matter. The Commission therefore considers it ewntial to reltermte its recommendation which, It feels, will add to the credibility and transpamncy of the armed f o m s in the candw?of their operations and also discourage unwarranted and propagandlet charges agdnst thsm. The Commission wouM also like to reiterate Its view that the security forces, when called upon to act in aid of civil authority, must continue do so In dose co-ordination with the civil administration. This view is based on the accumulated experience of the Comrnisslon, borne out of its visits to Jammu & Kashmir at?d certain of the North-Eastern States. that violations of human rights are far less likely to occur when the role and the responsibilities of the civil authorities under the law are fully respected, not least in respect of cordon and search operations, arrest, interrogation and detention. The Comrnisslon is happy to note the effectiveness of the Scmaninpcum-Co-ordination Committees that have been set-up in almost every district of J&K end he North-EasternStates, under the Deputy Commissioner, to address. Inter alia, issues relating to security operations. The Commission would like to repeat its recommendation that the proceedings of such Cornmtttees should be given the widest possible publicity by the State Governments ancerned as the dieseminalion of information relating to such activities can, in itself, have a beneficial impact on the observance of human rights in areas affectedby insurgency and terrorism. 3.16 (8) CUSTODIAL EAW, RAPE AND TOFlllJRE A systematic effort to curb custodial violence has been a major priority of the Commission over the past fiw years. As early a6 14 December 1993 the Commission issued instructions to all States asking them to direct all District Magistrates and Superintendents of Police to report directly to the Commission any instance of death or rape in police custody within 24 hours of its murrence, falling which there would be a presumption that efforts were being made to suppress the facts. Subsequent lnstructlons extended this directive to cover deaths in judicial custody as well. The Commission la gratified ?onote that the States have continued to comply with these instructions. In the year 1998-09, the figures reported to the Commission were 183 death8 In pollce amtody and 1114 deaths in judicial custody, compared with the 193 deaths in pol la^ custody and 819 deaths in judicial custody reported in 1997-98. A State-wise list giving details of such deaths in 1098-99 may be seen at Annexure II. It will be observed that them h88 been a decrease in the deaths mported to the Commission in police custody and an increase in deaths in judicial custody, the latter providing an unfortunate commentary on health conditions prevailing in the prisons of the country. 3.17

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