UN Special Rapporteur Christof Heyns's visit to India is the first fact-finding mission mandated by the UN Human Rights Council to examine situations of extrajudicial, summary and arbitrary executions. In an interview with DW at the end of his two-week visit, Heyns, a professor of human rights law, details his observations, the country's human rights record and a roadmap for the future.

DW: What have been your observations during your trip? More importantly, what has been your experience while meeting with sections of society in insurgency-prone states like Jammu and Kashmir and the northeast?

Christof Heyns: India faces many challenges to the realization of human rights including movements aimed at separation or greater local autonomy. I have concerns about unlawful killings both in terms of prevention and accountability.

For example, disproportionate use of force was used during demonstrations that resulted in over 100 deaths in 2010 in Kashmir, while elsewhere, such as in New Delhi, many demonstrations occur without bloodshed. Also a practice of what is called “fake encounters” has developed in parts of the country. According to the National Human Rights Commission, 2,695 cases of “encounters” have been reported between 1993 and 2010, though there is possibly under-reporting.

There has been a clamor for the repeal of the Armed Forces Special Powers Act (AFSPA) that gives impunity to the armed forces and a license to kill in "disturbed areas" of the country. What is your take on that?

There should be an immediate repeal of the AFSPA. It has become a symbol of excessive state power. I have heard extensive evidence of action taken under this law that resulted in innocent lives being lost in Jammu and Kashmir and in Assam, where witnesses from neighboring states also assembled.

A law like this has no role in a democracy and should be scrapped. The repeal of this law will not only bring domestic law more in line with international standards, but also send out a powerful message.

You also met families of those who have died in police custody?

In some cases of custodial death and death due to excessive use of force, compensation is paid by the state, criminal investigation and prosecution against the perpetrators is rarely initiated. Consequently, few if any are punished for violating the right to life.

This is also a manifestation of a military as opposed to a rights based approach. It blunts the deterrent effect of the law and encourages impunity.

What in your reckoning should be done give hope to families who have lost their dear ones in conflict, extra-judicial killings or by police in "encounters?"

The National Human Rights Commission should be given the mandate to investigate the actions of the armed forces and there should not be a year cut-off date on the cases they can consider. The Commission should undertake a review of compliance with its guidelines on "encounter killings" and whether their guidelines work in practice.

Also, a credible commission of inquiry that inspires the confidence of the people into extra-judicial executions in India should be appointed by the government.

Did you also probe communal violence while here?

I have heard evidence regarding a number of instances where inter-community violence has occurred, resulting in large scale loss of life. It is a matter if regret that the Gujarat authorities at the last minute cancelled the meetings we had scheduled during the mission.

In these cases, grave allegations of direct state involvement in the killings have been made. Moreover, in all cases, the state has the responsibility to protect citizens against such violence.

And lastly, what is your take on the death penalty?

There should be a moratorium on the death penalty in accordance with the UN General Assembly resolution. Indian law continues to provide for the death penalty and in around 100 cases per year, this sentence is imposed. However, once imposed, there seems to be little appetite to execute. The last execution was in 2004, although another execution has just been stayed at the last minute this week.

Interview: Murali Krishnan
Editor: Sarah Berning