Justice Shri Cyriac Joseph, Acting Chairperson, NHRC, India participated in the Biennial Conference of the Asia Pacific Forum (APF) at Ulaanbaatar, Mongolia from the 27th - 28th August, 2015. He gave a presentation in the Third Session of the Conference on the 'Role of NHRIs in Preventing Torture and Other Forms of Ill-treatment: Engaging Law Enforcement and Security Forces' and highlighted the role being played by the NHRC, India.
Justice Cyriac Joseph said that torture is not only illegal, inhuman, cruel, unethical and uncivilized but also immoral. Torture is immoral as it is against the concept and spirit of Common Brotherhood of human beings. Torture is against the Rule of Law. Torture violates human rights. Torture is not the right response or answer to a crime or an alleged crime. Torture can only create new criminals and beget more crimes and thus be counter-productive. Torture cannot be justified in the name of effective or successful investigation. Not only the object, but also the means should be correct.
He said that by taking the illegal and immoral route of torture, even if the law enforcing official reaches the goal of cracking a crime, he does not achieve the object of justice and peace in society. To crack one crime, another crime cannot be committed. Only human rights friendly law enforcement can ensure justice and peace in society. He also pointed out that though nations of the world have intellectually agreed in principal, much remains to be done for a change of heart and a change of attitude when it comes to practice by the law enforcing officials and security forces.
Justice Cyriac Joseph explained the world perspective on the prevention of torture and other forms of ill-treatment with reference to Article 55 of the UN Charter, Articles 3 & 5 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and Political Rights and the Code of Conduct for law enforcement officials adopted by the UN General Assembly through its Resolution 34/169 of 17th December, 1979.
He also explained the Indian perspective in the light of Preamble of the Constitution, Articles 14, 21, 22, 32, 51 and 253 of the Constitution of India, Sections 166, 166A, 220, 330, 331 and 348 of the Indian Penal Code. Sections 24, 25 and 26 of the Indian Evidence Act, Section 29 of the Police Act, 1861 and the guidelines issued by the Ministry of Home Affairs, Government of India on the 4th July, 1985 for the code of conduct for the police in India.