3.24 While the State Governments have undoubtedly grown more sensitive )o the Commission's instructions that custodial deaths must not only be reported but thoroughly investigated, the Commission has felt it to ba necessary, in 23 cases of custodial death in 1806-97, to instruct its own Investigation Division to look into the facts smunding the deaths. In 14 of these cases, the pollce a d jail staff concerned were held to be mrponaible for the deaths. In each of t t m e cases, prosecution was recommended. In two cases, in addifion, compensation of Rs.1 l a b each was recommended for payment to the next of kin of those who died. The Commission will pursue matters to their logical conclusion in respect of each of them cases. Them can be no let-up in such instances as they bring tragedy to human beings and disgrace to tbe law and order apparatus of our country. 3.27 Nor can the Commission countenance or condone any death, rape or torture m r r i n g when a w o n is arrested by the armed f o m s in situations when the latter are called upon to act in aid of civil power. Under the relevant prwisjons of law, any person-so arrested must be made over to the officer in charge of the nearest police statbn with the least possible delay, together with a report of the circumstances m i o n i n g ?he amst, The Courts of thk country have interpreted this to mean that the atrested person must normally be made over to civilan authorities within twenty four hours of arrest. The Commission is deeply mncamed that there have been allegations of needless delay in this regard and that complaints have also been received by the Commission alleging death and rape of persons while in thm custody of the armed forces. The Commission has taken up these matters with the competent authorities. It strongly recommends that the para-military forces and the army also mabm it a point to report directly to the Commission any instance of death or rape occrrring while a person is in their custody. Failure to do so in timely manner would, as In the case of deaths and rape in police or judicial custody, lead to an adverse inference being drawn by the Commission that an effort was being made to suppress the truth. 3.28 The Commksion has p m m d wlth vigour its recommendation that the country accede to the 1884 Convention a g a k t Torture and'Othsr Forms of Cruel, Inhuman and DegradingTreatment or Punishment. The matter was first taken up in a letter from the Chairperson of the Comrnlmion to the Prime Minister on 9 December 1994. A reply was received dated 16 December 1994 atating that the Prime Minister shared the M i of ths Commission. A further latter was sent by the Chairperson to the Prime Minister on 25 January 1895 8tressing the urgency of the matter, in the light d the numrous complaint8 received by the Commission alleging brutality in custody.

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