...... CIVIL LIBERTIES 25 disappearances, illegal detention and torture, custodial death, extra judicial killings and fake encounters. The Commission also continued to pursue the matters of which it had taken cognizance earlier. 4.13 The Commission took suo-motu cognizance of a newspaper report published in the ‘Times of India’ dated 31.8.2000 entitled “Desperately seeking the disappeared” as reference from the Association of Parents of Disappeared Persons (APDP)” about disappearance of some persons between the ages of ten and seventy who were alleged to have disappeared from the Kashmir Valley. The Commission obtained a report from the state authorities and sent it to the APDP for their comments which are still awaited. 4.14 In the course of the current year, the Commission also took suo-motu cognizance of media reports and strongly condemned the outrageous terrorist attack which occurred at Baan Ganga near Katra on the way to the Vaishno Devi Shrine on 20th July killing seven devotees, including a child and injuring many innocent civilians. The Commission had consistently taken the position that such criminal acts are wholly unjustified and are violative of human rights of the citizens. The Commission therefore called upon the authorities to ensure that the full force of the law must be brought to bear in dealing with such acts of terrorism and bringing to justice those who perpetrate or abet them. 4.15 The Commission has also taken a consistent stand in respect of anti-terrorism legislations namely Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), Prevention of Terrorism Ordinance, 2001 or Prevention of Terrorism Act, 2002. The Commission has noted in this connection that, when compared with TADA, the Prevention of Terrorism Act does contain some provisions that are aimed at providing safeguards against its possible misuse. The Prevention of Terrorism (Amendment) Act, 2003, for example provides for the constitution of a Central Review Committee. The Commission, however, is of the view that these safeguards are insufficient. It therefore, remains the duty of the State to monitor the implementation of the safeguards in this Act and to ensure that the other provisions are not abused or human rights violated with impunity. The Commission, therefore, reiterates that there is no change in the stand that it has taken earlier in respect of the Prevention of Terrorism Act, 2002. B] Custodial Deaths/Torture 4.16 Addressing problems of custodial violence has been a major priority of the Commission ever since it was established. The Commission remained deeply engaged in efforts to bring to an end the egregious violation of human rights that result in custodial deaths. Custodial violence is a calculated assault on human dignity. “Whenever human dignity is wounded”, to quote the Supreme Court in its judgment of 18th December, 1996 in the case of D.K Basu Vs. the State of West Bengal, “civilization takes a step backward. The flag of humanity on each occasion must fly half mast.” ANNUAL REPORT 2003-04