Police encounter: Difference between revisions
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'''Police encounter''' is a term used by Indian security forces to explain and excuse the death of an individual at their hands. The term was often used during the counter-insurgency campaign in the state of [[Punjab (India)|Punjab]] between 1984 and 1995. |
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'''Police encounter''' is the term used by the [[Indian Police Service]] or [[Indian military]]/[[paramilitary]] forces when explaining the death of an individual at their hands who was deemed by them to be a [[militant]] or "subject of interest". It refers to extra judicial killings or executions not authorized by a court or by the law. Such encounters also go by the name of "staged encounters", where [[weapon]]s are added to the dead body to show cause for the killing of individual. Common reasons given for the discrepancy between records showing that the individual was in [[custody]] at the time of his encounter, is that he/she had escaped. Many encounters involve innocent people, or militants who were already in custody and were brutally [[tortured]] at the time of their alleged encounters. |
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==Fake Encounters in Punjab== |
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The Police in Indian metro cities have a very high rate when it comes to encounter killings. Many of them have been quite controversial in nature. So far however no human rights group lawyer has been successfully able to prove that the encounters were staged. The fact that the dead person had a criminal background was proven beyond doubt, and the court never gave a verdict that the dead person was in illegal custody. Though highly controversial from an official point of view, there hasn't been much action taken against such activities by the Police. This is attributed to the common understanding that "staged encounters" are primarily carried out by Police to kill high profile and extremely dangerous criminals which the [[Indian Police Service]] have been unable to prosecute legally (due to lack of evidence or powerful political connections). The most notorious case has been the encounter killing of Sada Pawle and Vijay Tandel, and the court acquitted the police officer Sub Inspector VR Dhobale. See also [[Daya Nayak]]. |
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During this time, [[Punjab police]] officials would often report “encounters” to local newspapers and to the family members of those killed. The victim was typically a person the police deemed to be a [[militant]], or to be involved in the militant separatist movement, though proof of alleged militant involvement was rarely given. Such encounters have also been referred to as “staged encounters” or “fake encounters,” as these deaths were often believed to be the result of torture or outright execution. Ultimately, the practice became so common that “encounter” became synonymous with [[extrajudicial execution]].<ref>{{cite book|title=Dead Silence: The Legacy of Abuses in Punjab|publisher=Human Rights Watch/Asia and Physicians for Human Rights|date=1994}}</ref> |
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It is alleged that police would typically take a suspected militant into custody without filing an arrest report. If the suspect died during interrogation, security forces would deny ever taking the person into custody and instead claim that they were killed during an armed encounter.<ref>{{cite book|title=Country Reports on Human Rights Practices (India)|publisher=U.S. State Department|date=1993}}</ref> Many Indians believe police would add weapons to the dead body to demonstrate cause for killing the individual, stage managing the encounter, leading to the popular phrase “fake encounter killing.”<ref>{{cite news|url=http://www.nytimes.com/2009/03/01/weekinreview/01pepper.html?_r=1&pagewanted=all|title=India Makes A Place for Dirty Harry|last=Pepper|first=Daniel|date=02/28/2009|publisher=NY Times|accessdate=2009-05-08}}</ref> They would also concoct a story about militants staging an attack, or the suspect attempting to escape while being escorted to recover militant arms.<ref>{{cite news|url=http://news.sbs.com.au/dateline/index.php?page=transcript&dte=2002-04-03&headlineid=427|title=India-Who Killed the Sikhs|date=4/3/2002|publisher=Dateline|accessdate=2009-05-08}}</ref> At times, the Punjab police applied for and received production warrants that allowed them to remove individuals accused in [[terrorism]] cases from jail, and whereupon they often killed the detainees in fake encounters.<ref>{{cite web|url=http://www.ensaaf.org/pdf/un/Bhatti.pdf|title=Communication to Special Representative on the Situation of Human Rights Defenders|date=05/12/2006|publisher=Ensaaf|accessdate=2009-05-08}}</ref> [[Sukhwinder Singh Bhatti]], a criminal defense attorney in Punjab who defended such suspects, was himself [[disappeared]] in May of 1994. |
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==An Indian Phenomenon== |
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The phenomenon of fake encounters is not exclusive to Punjab. In February of 2007, [[Human Rights Watch]] reported that Indian security officials admitted on condition of anonymity that the widespread use of such fake encounter killings is actively encouraged through the handing out of awards and promotions.<ref>{{cite web|url=http://news.yahoo.com/s/afp/20070215/wl_sthasia_afp/indiakashmirrights_070215100200|title=India Kashmir Rights|date=02/15/2007|publisher=Yahoo! News|accessdate=2009-05-08}}</ref> The report was followed by major protests in [[Kashmir]] over recent disappearances. The U.S. State Department’s 2009 Country Report on Human Rights Practices in [[India]] states “there were credible reports that the government [of India] and its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents….Police usually denied these claims.”<ref>{{cite book|title=Country Reports on Human Rights Practices (India)|publisher=U.S. State Department|date=1993}}</ref> |
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==Investigating Encounters== |
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Investigating and verifying the claims of these encounters is difficult as India has limited forensic capabilities. Often the national media accepts the police’s version.<ref>{{cite news|url=http://www.nytimes.com/2009/03/01/weekinreview/01pepper.html?_r=1&pagewanted=all|title=India Makes A Place for Dirty Harry|last=Pepper|first=Daniel|date=02/28/2009|publisher=NY Times|accessdate=2009-05-08}}</ref> According to Vrinda Grover, a Supreme Court lawyer and human rights activist, “investigations have proved that some encounters really were staged, but that it can take as long as seven years for police officers to be arrested in such cases.” <ref>{{cite news|url=http://www.nytimes.com/2009/03/01/weekinreview/01pepper.html?_r=1&pagewanted=all|title=India Makes A Place for Dirty Harry|last=Pepper|first=Daniel|date=02/28/2009|publisher=NY Times|accessdate=2009-05-08}}</ref> Encounters are meant to be probed by a magistrate after a [[post-mortem]], however, this is task is undertaken by the police, as pointed out by most critics. <ref>{{cite news|url=http://www.time.com/time/world/article/0,8599,1878946,00.html.|title=Rights Groups Probe India's Shoot-Out Cops|last=Singh|first=Madhur|date=02/14/2009|publisher=Time|accessdate=2009-05-08}}</ref> |
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Many analysts argue that these encounters are representative of the police disenchantment with the justice system. "The system is so defective and the criminal justice machinery so lethargic that it takes years to bring the guilty to book," explains G.P. Joshi, a former police officer now a consultant with the Commonwealth Human Rights Commission. "But crime continues to increase, and statistics show that conviction rates are down. This tendency promotes vigilantism in the public and the police. And the state also comes out in support, in consonance with public reaction." <ref>{{cite news|url=http://www.time.com/time/world/article/0,8599,1878946,00.html.|title=Rights Groups Probe India's Shoot-Out Cops|last=Singh|first=Madhur|date=02/14/2009|publisher=Time|accessdate=2009-05-08}}</ref> |
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==Current Situation== |
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The [[U.S. State Department]], along with major human rights organizations, continues to report “major problems” in India. These include “extrajudicial killings of persons in custody, disappearances, and torture and rape by police and other security forces,” noting that a majority of the abuses lack accountability, which creates “an atmosphere of impunity.” <ref>{{cite book|title=Country Reports on Human Rights Practices (India)|publisher=U.S. State Department|date=1993}}</ref> |
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| ⚫ | In recent times a number of Hindi films have been based on the theme of police encounters. The most noted of them include [[Ab Tak Chappan]], Encounter: The Killing, Kaagar, [[Risk (film)|Risk]], [[Shootout at Lokhandwala]]. Vikram Chandra's new novel Sacred Games is also based on the police force in [[Mumbai]] and provides a riveting account of police encounters. |
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==See Also== |
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*[[Sukhwinder Singh Bhatti]] |
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*[[Human rights in India]] |
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*[[Punjab human rights]] |
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*[[Mass cremations in India]] |
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==References== |
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{{reflist}} |
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==External Links== |
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*[http://www.hrw.org/en/asia/india/ The official Human Rights Watch page for India] |
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*[http://www.amnesty.org/en/region/india/ Amnesty International website for India] |
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*[http://www.amnesty.org/en/enforced-disappearances The Amnesty International page on Enforced Disapperances] |
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*[http://ensaaf.org/ Official website of Ensaaf, a human rights documentation organization focused specifically on Punjab, India] |
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| ⚫ | In recent times a number of Hindi films have been based on the theme of police encounters. The most noted of them include [[Ab Tak Chappan]], Encounter: The Killing,Kaagar, [[Risk (film)|Risk]], [[Shootout at Lokhandwala]]. Vikram Chandra's new novel Sacred Games is also based on the police force in Mumbai and provides a |
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{{India-gov-mil}} |
{{India-gov-mil}} |
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[[Category:Law enforcement in India]] |
[[Category:Law enforcement in India]] |
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[[Category: Human rights in India]] |
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Revision as of 09:53, 31 May 2009
Police encounter is a term used by Indian security forces to explain and excuse the death of an individual at their hands. The term was often used during the counter-insurgency campaign in the state of Punjab between 1984 and 1995.
Fake Encounters in Punjab
During this time, Punjab police officials would often report “encounters” to local newspapers and to the family members of those killed. The victim was typically a person the police deemed to be a militant, or to be involved in the militant separatist movement, though proof of alleged militant involvement was rarely given. Such encounters have also been referred to as “staged encounters” or “fake encounters,” as these deaths were often believed to be the result of torture or outright execution. Ultimately, the practice became so common that “encounter” became synonymous with extrajudicial execution.[1]
It is alleged that police would typically take a suspected militant into custody without filing an arrest report. If the suspect died during interrogation, security forces would deny ever taking the person into custody and instead claim that they were killed during an armed encounter.[2] Many Indians believe police would add weapons to the dead body to demonstrate cause for killing the individual, stage managing the encounter, leading to the popular phrase “fake encounter killing.”[3] They would also concoct a story about militants staging an attack, or the suspect attempting to escape while being escorted to recover militant arms.[4] At times, the Punjab police applied for and received production warrants that allowed them to remove individuals accused in terrorism cases from jail, and whereupon they often killed the detainees in fake encounters.[5] Sukhwinder Singh Bhatti, a criminal defense attorney in Punjab who defended such suspects, was himself disappeared in May of 1994.
An Indian Phenomenon
The phenomenon of fake encounters is not exclusive to Punjab. In February of 2007, Human Rights Watch reported that Indian security officials admitted on condition of anonymity that the widespread use of such fake encounter killings is actively encouraged through the handing out of awards and promotions.[6] The report was followed by major protests in Kashmir over recent disappearances. The U.S. State Department’s 2009 Country Report on Human Rights Practices in India states “there were credible reports that the government [of India] and its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents….Police usually denied these claims.”[7]
Investigating Encounters
Investigating and verifying the claims of these encounters is difficult as India has limited forensic capabilities. Often the national media accepts the police’s version.[8] According to Vrinda Grover, a Supreme Court lawyer and human rights activist, “investigations have proved that some encounters really were staged, but that it can take as long as seven years for police officers to be arrested in such cases.” [9] Encounters are meant to be probed by a magistrate after a post-mortem, however, this is task is undertaken by the police, as pointed out by most critics. [10]
Many analysts argue that these encounters are representative of the police disenchantment with the justice system. "The system is so defective and the criminal justice machinery so lethargic that it takes years to bring the guilty to book," explains G.P. Joshi, a former police officer now a consultant with the Commonwealth Human Rights Commission. "But crime continues to increase, and statistics show that conviction rates are down. This tendency promotes vigilantism in the public and the police. And the state also comes out in support, in consonance with public reaction." [11]
Current Situation
The U.S. State Department, along with major human rights organizations, continues to report “major problems” in India. These include “extrajudicial killings of persons in custody, disappearances, and torture and rape by police and other security forces,” noting that a majority of the abuses lack accountability, which creates “an atmosphere of impunity.” [12]
In recent times a number of Hindi films have been based on the theme of police encounters. The most noted of them include Ab Tak Chappan, Encounter: The Killing, Kaagar, Risk, Shootout at Lokhandwala. Vikram Chandra's new novel Sacred Games is also based on the police force in Mumbai and provides a riveting account of police encounters.
See Also
References
- ^ Dead Silence: The Legacy of Abuses in Punjab. Human Rights Watch/Asia and Physicians for Human Rights. 1994.
- ^ Country Reports on Human Rights Practices (India). U.S. State Department. 1993.
- ^ Pepper, Daniel (02/28/2009). "India Makes A Place for Dirty Harry". NY Times. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ "India-Who Killed the Sikhs". Dateline. 4/3/2002. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ "Communication to Special Representative on the Situation of Human Rights Defenders" (PDF). Ensaaf. 05/12/2006. Retrieved 2009-05-08.
{{cite web}}: Check date values in:|date=(help) - ^ "India Kashmir Rights". Yahoo! News. 02/15/2007. Retrieved 2009-05-08.
{{cite web}}: Check date values in:|date=(help) - ^ Country Reports on Human Rights Practices (India). U.S. State Department. 1993.
- ^ Pepper, Daniel (02/28/2009). "India Makes A Place for Dirty Harry". NY Times. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ Pepper, Daniel (02/28/2009). "India Makes A Place for Dirty Harry". NY Times. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ Singh, Madhur (02/14/2009). "Rights Groups Probe India's Shoot-Out Cops". Time. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ Singh, Madhur (02/14/2009). "Rights Groups Probe India's Shoot-Out Cops". Time. Retrieved 2009-05-08.
{{cite news}}: Check date values in:|date=(help) - ^ Country Reports on Human Rights Practices (India). U.S. State Department. 1993.