ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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SOUTH AFRICA-Popular Mood against Talks

alone, twice the sum the Supreme Court had awarded her Relatives of people killed in police custody find it particularly difficult to obtain compensation. The police usually being the only witnesses (who deny any torture), it is hard for the victim to prove torture. Besides, the authorities have granted immunity to the police by claiming that the state is not liable for the acts of its officers when discharging Sovereign functions'. Incidentally, the 1956 Law Commission had recommended that state liability should be the rule and 'sovereign immunity' the exception. Yet the Indian government made an express reservation to Article 9 of the International Convention on Civil and Political Rights, when signing the convention, stating that "there is no enforceable right to compensation for persons claiming to be victims of unlawful arrest or detention against the state". As a result, the Indian courts tend to dismiss demands for compensation by victims of police high-handedness. Amnesty International's survey of 415 cases of deaths in custody in India showed that compensation was ordered by the courts in only 12 cases. In only six of these, is any actual payment known to have been made.

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