VIII International Symposium on Torture as a Challenge to the Health, Legal and Other Professions held in New Delhi

The VIII International Symposium on Torture as a Challenge to the Health, Legal and Other Professions was held in New Delhi from 22 – 25 September 1999.

In a message to the Symposium, the President of India, Mr. K.R. Narayanan said that the occasion was an "opportunity to accelerate efforts to put the issue on the political agenda of all countries". He added that torture, when committed by public agents or agencies responsible for the protection of citizens, particularly when it involved women must be exposed and the guilty punished. "Only by exposing such practices and their sad consequences to the public can we hope to mobilise within to our society a sufficiently strong demand to put an end to this barbarous practice"

The Chief Justice of India, Justice Dr A.S. Anand, inaugurating the function said that the Symposium was not just an academic exercise but a genuine effort to deal with the problem comprehensively. "Torture is the very negation of human dignity and cuts at the roots of human rights". Justice Anand emphasized that, apart from the physical pain, victims of torture were haunted mentally and psychologically for the rest of their lives. He pointed out that while many States had signed the UN Convention against Torture, compliance was not satisfactory. Only 113 countries had ratified the Convention, and others including India, were yet to do so. Even amongst countries, which had ratified the Convention, one-third were still practising or allowing the use of torture, according to a UN report, he added.

In India as well, despite the provisions of Article 21 protecting our personal liberties, Justice Anand added that there are growing instances of torture in police custody specially during interrogations. Citing the most common excuse for it, namely that of national interest, he said, "Safety of people is the supreme law, which co-exists with the safety of the State". Criticising the use of unlawful means to counter terrorism, he said, "State terrorism is no answer to combat terrorism. It provides legitimacy to terrorism, it is bad for the State, community and the rule of law". According to him, the global challenge of terrorism must be met by an innovative and integrated global approach.

Speaking about the role of the doctors, Dr. Anand said that it was paradoxical that doctors also contributed to torture by giving misleading reports. Reminding them of the Hippocratic oath, he said that they must sensitise themselves. He also called for better arrangements for the rehabilitation of torture victims, which were very minimal in India.

The Attorney General of India, Mr. Soli J. Sorabjee, said that every State should not only sign the UN Convention against Torture but also ratify it. India was serious about the ratification, and he hoped that it would be a New Year’s gift. All segments of society had to fight the menace, he stated. The State must resolve to curb torture and bring about appropriate legislation. Most importantly, the mind-set of the investigating agencies to resort to torture to obtain information, should change. He appreciated the role of the judiciary in instilling a sense of responsibility in the administration. He said that perpetrators of crimes against humanity should not be allowed to find "safe havens". Protection of doctors from reprisals, and fearless exposes by the media – not guided the false notions of national security and jingoism – would be the right instruments to combat this evil practice.

Speaking for the medical community, the President of the Indian Medical Association, Dr. V.C. Patel said that no medical person should participate in torture directly or indirectly, and action would be initiated against those who do so.

The President of the International Rehabilitation Council for Torture Victims (IRCT), Dr. Maria Piniou Kalli, called upon democratic governments all over the world to refuse to cooperate with repressive regimes. She also called for the creation of a new Utopia, where tolerance and peace would reign supreme. Ms. Kalli, herself a torture survivor, stated that freedom from torture was a basic human right and all should strive for it. She said that the documentation of medical information on the cruel reality of torture has helped create an environment where countries are now debating all aspects relating to this inhuman practice.

The Secretary General of the IRCT, Ms. Inge Genefke, the doyen of the Anti-Torture Movement, said that the silence in respect of torture had been broken only by sustained efforts involving health and other professionals all over the world. The myth about the usually understated magnitude of torture had been exploded. She emphasised that countries should meet the standards of the international laws dealing with torture and place a greater accent on the prevention on torture. She hoped that torture, the "plague" of the century, would soon be eliminated.

The Chairperson of the National Human Rights Commission, Mr.Justice M.N.Venkatachaliah, said that amongst the rights universally proclaimed by nations, the right to freedom from torture was among the foremost. If Government agencies are allowed to break the law, others could not be expected to observe it.

The Chairman of the Organising Committee of the Symposium, Mr.Justice V.S. Malimath said that there is no part in the world where torture is not taking place. "It is the vilest form of violation of human rights at the hands of those who are paid to protect them." The prevention of torture could only be achieved when the animal instincts in human beings were tamed; that was now the biggest challenge before human kind. He called for the promotion of a culture of human rights and non-violence.

Shri Virendra Dayal, Chairman of the Scientific Committee of the Symposium, said that the present gathering broke new ground. Each of the earlier Symposia on the question of torture concentrated on the work of health professionals with torture survivors. "This time the approach is altogether more comprehensive – more ambitious". In addition to the key players from the medical profession, members of national and state-level Human Rights Commissions from India and abroad, representatives of leading non-governmental organisations, representatives of the legal profession and law enforcement agencies, administrators, scholars, social workers and activists, and representatives of the media were all being involved as they too had a role and responsibility dealing with this evil. He stressed that all elements of civil society must unite and act together to deal comprehensively to end torture, to bring perpetrators to book and to help the victims by rehabilitating and compensating them.

Others who also spoke on the occasion were Prof. Erik Holst, Deputy Secretary General, IRCT, Mr. R.K. Anand, Vice President, Indian Law Institute, Dr. Jagdish Sobti, IRCT Co-ordinator in India.

The Symposium on Torture concluded on 25 September 1999 with the adoption of the `Delhi Declaration’ - a plan of action to counter the widespread menace of torture. The former President of India, Mr. R. Venkataraman, who was the chief guest of the valedictory function of the Symposium, expressed appreciation of the work of all who were striving to alleviate human suffering in every part of the globe. He added that all religions taught that `Service to humanity is service to God’. Referring to Mahatma Gandhi’s philosophy of non-violence, he said that means and ends were inseparable and torture thus could not be justified under any circumstances for achieving any result. There was no law anywhere authorising third-degree methods in investigation, and those indulging in such methods were subject to the laws of the land and should be charged and punished. He said that one way of ending torture by the police and the investigation agencies was to legislate that no confessional statement be admissible as evidence by any authority, for any purpose. Medical attention and physical, mental and economic rehabilitation of torture victims was the responsibility of the State and the community, he added. Mr. Venkataraman stressed that if humans could achieve the civilisational progress that they had over their barbaric past, there was no reason why they could not also learn to live in peace and harmony.

The Symposium adopted the Delhi Declaration, which was read out by Justice V.S. Malimath. Shri Virendra Dayal presented the Symposium Report, which took stock of the major themes considered during the Symposium and which provided an assessment of its outcome.