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S.O.S  e - Voice For Justice - e-news weekly

Spreading the light of humanity & freedom

 Editor: Nagaraja.M.R .. Vol.11..Issue.43.... ....24/10/2015

 

TORTR! "# $O%TORS

!en medical professionals ' dotors lie ' gie false medical reports. ' forensic reports thus facilitating the escape of rich crooks and meting

out un(ust punishment to innocents. The courts of law depends on medical reports as sacrosanct and awards punishment to innocents letting

out rich crooks.

)edical torture describes the involvement and sometimes active participation of medical professionals in acts of torture, either to judge whatvictims can endure, to apply treatments which will enhance torture, or as torturers in their own right. Medical torture may be called medical

interrogation if it involves the use of their expert medical knowledge to facilitate interrogation or corporal punishment, in the conduct oftorturous human experimentation or in providing professional medical sanction and approval for the torture of prisoners. Medical torture also coverstorturous scientific (or pseudo-scientific) experimentation upon unwilling human subjects.

 

octors from both non-democratic and democratic countries are involved in torture. !he majority of doctors involved in torture are doctors at risk.octors at risk might compromise their ethical duty towards patients for the following possible reasons" individual factors (such as career, economicor ideological reasons), threats, orders from a higher ranking officer, political initiatives, working in atrocity-producing situations or dual loyalty. #ndual loyalty conflicts, factors that might compromise doctors$ ethical obligations towards detainees%patients are" ideological totalitarianism, moral

disengagement, victim blame, patriotism, individual factors or threats. &nother important reason why doctors are involved in torture is that not alldoctors are trained in addressing human rights issues of detainees. !orture survivors report that they have experienced doctors$ involvement in tortureand doctors themselves report that they have been involved in torture. !estimonies from both torture survivors and doctors demonstrate that the mostcommon way doctors are involved is in the diagnosis%medical examination of torture survivors%prisoners. &nd it is common before, during and aftertorture. 'oth torture survivors and doctors state that doctors are involved during torture by treatment and direct participation. octors also falsify journals, certificates and reports. hen doctors are involved in torture it has devastating conseuences for both torture survivors and doctors. !heconseuences for the survivors can be mistrust of doctors, avoidance of seeking doctors$ help and nightmares involving doctors. Mistrust andavoidance of doctors could be especially fatal to the survivor, as it could mean a survivor who is ill may not seek medical attention. hen theunambiguous role of the doctor as the protector and helper of people is uestioned, it affects the medical profession all over the world.

Medical *egligence + onnivance of octors in custodial torture

#t is a matter of immense pleasure and proud privilege for me to present this premier issue of official journal of unjab &cademy of orensicMedicine and !oxicology. # fully acknowledge many shortcomings + pitfalls in this issue which are bound to be there, when an issue is brought outin a short duration. #t is an endeavor to channelise the problems and their solutions by highlighting them. # hope you will like the contents of this

issue and will be generous enough to appreciate the spirit behind this humble effort. /nvironment pollution is the burning problem of the day.0upreme ourt has to intervene in many cases of environment pollution, when other agencies responsible for maintaining it have failed to do theirduties well. #t is also an important part of our duty, when we are dealing with !oxicology to lay proper emphasis on environment pollution so that wecan provide a breeding ground for the new ideas + thoughts to make our environment clean. !oday there is a chaos as far as our environment isconcerned. e are drinking poisons, we are eating poisons and we are inhaling poisons and this trend is on the 1increase. #t is not that we do not haveknowledge of this, but for - short term benefits we are ignoring it. !he authorities do not have the will + determination to implement the laws. ewill have to act firmly for our own survival and make this earth a better living place for our next generations. !his journal is in a budding stage and #aspire as it grows it will give its due contribution towards improving the vitiated atmosphere on this holy planet. #n the medico-legal practice many problems are faced by people + doctors. #t will be our emphasis to highlight these in the coming issues and try to find out a solution for these problems. Make it a point to share your problems + views, because these are common + let others utili2e these solutions for the benefit of masses.3.4. 5orea 6&M&!, 7889, :ol." 9 9 M/#&; */5;#5/*/ #* <0!=#&; !=3!<3/ r. 6.0. &;&;, rofessor + >ead r. 3.4.5=3/&, &ssociate rofessor r. 4.4. &55&3&;, &ssistant rofessor r. &.0. !>#*, &ssistant rofessor r. 0.0. 0&*><, ;ecturerepartment of orensic Medicine, 5.5.0. Medical ollege, aridkot.

 

#ndia is a democratic country. &lthough it has already celebrated the silver jubilee of her independence, but in some cases the word of1#ndependence1 + 1emocracy1 is forgotten particularly by police personnel, who use third degree methods during the investigations in policestations. hen the torture crosses the limit, the help of the doctors is sought. ases have been reported, where the doctor also showed indifference intreatment of such cases. !he present paper is a typical example which falls in this category. 4/?=30" olice torture, Medical negligence.

 

hysical torture by third degree methods is a common mode adopted by the policeman during #nterrogation. Most of the other countries dointerrogations by scientific methods like 1lie detector1 etc., but #ndian police still lacks such facilities and it has no option but to apply variousmethods of torture for extracting truth. &0/ >#0!=3?" !he present case is an example of such a case. #t was in the year 9@@A that a person wasarrested by police and tortured. hen the condition of the victim became serious, he was taken to civil hospital where he was examined byemergency medical officer &ccording to the report by this medical officer, 1the patient was conscious, well oriented in time and space and all his vital

signs were normal. >e had difficulty in walking and his left thigh and left knee were tender and swollen1, except this no other injury was describedon his body. !he patient was admitted in the hospital and analgesics and local ointment like thromophob and hot fomentation were prescribed to him. *ext day the patient developed the fever which went on increasing for the next A-B days and ultimately the patient died in a few days. & case wasregistered under section A8B # against the police. !he postmortem examination was done by a board of doctors and in the postmortem report asmuch as @ injuries were present on his body. >is left leg was swollen with abrasions over it. =ther injuries were abrasions and there was no fractureor injury to the vital organ anywhere. =n dissection of the thigh, it was found to have frank pus and about A88 ml pus oo2ed out on incision. !hecause of death given in the postmortem report was septicemia as a result of injury to the left thigh which was antemortem in nature and sufficient tocause death in the ordinary course of nature. #t was, therefore, clear that there was discrepancy in the report of doctor who first examined andadmitted the patient and those who conducted the postmortem. !herefore, 6&M&!, 7889, :ol." 9 7 another board was constituted for opinion in thiscase and the board opined that medical negligence played a role in the death of the victim. >ad the thigh infection been treated properly in the formof pus drainage by incision etc., with judicious use of antibiotics, the patient could have been saved. !his case was referred to our department andafter going through the entire record we were also of the same opinion and agreed with the opinion of the second board. !his opinion was accepted by the police and the case was converted from A8B # to A7A #.

 

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octors ho esigned #& !orture rograms inally 5et 0ued

 

!he prisoners were held in pitch-dark cells in a secret #& facility. &s part of their torture regimen, they were forced to listen tomusic C everything from heavy metal to the theme song from Barney & Friends C blasted at ear-damaging levels, designed to break them psychologically. *ow, years later, the doctors who designed that program are getting sued, in litigation filed by the

&;<.

#n the early 7888s, the #& contracted with two psychologists, 6ames Mitchell and 6ohn 'ruce 6essen, to help them designinterrogation methods for detainees held in secret prisons in places such as &fghanistan. !he methods Mitchell and 6essendesigned included 1stuffing them inside coffin-like boxes, exposing them to extreme temperatures and ear-splitting levels ofmusic, starving them,1 and depriving them of sleep, according to the 0enate$s report on #& torture. #f it wasn$t bad enough thatthe men who were held in these secret detention sites were tortured repeatedly, a recent report on the #&$s torture programfound that it didn$t even lead to useful information.

! = ! > # 0 & ? ! > / ! = M / * > & :/ 3 / / # : / * = & = ; = 5 # / 0 = 3 = M / * 0 & ! # = * = 3 ! > / # 3  

= 3 / & ; .

!wo survivors and the family of a man who was killed in &fghanistan$s notorious 10alt it1 prison site are suing Mitchell and6essen for designing and performing experiments on them that have left them suffering years after they were freed. 0uleiman&bdullah 0alim and Mohamed &hmed 'en 0oud were both tortured for years, and to this day they have received no apologiesor compensation for their ordeal. !he family of 5ul 3ahman, an &fghan man who died of hypothermia while in secret custody,has never received his body.

&lthough other prisoners have filed lawsuits over their treatment by <.0. agents, this is the first legal action taken against thehealthcare professionals who created torture methods and trained the #& to use them. #t$s also the first lawsuit filed by former prisoners since the 0enate released a D7D-page summary of its report on the torture program, and &;< lawyer ror ;adin told3efinery7@ that the details now available to the public will make 0uleiman$s and 'en 0oud$s cases stronger. 1revious lawsuitsinvolving the #& torture program had a lot less public information to work with,1 ;adin said, and the government was able tokeep enough information secret that it was all but impossible for former detainees to make their cases.

= < 3 0 # * 5 ; / ' # 5 5 / 0 ! = * / 3 * # 0 ! > & ! ! > / 3 / > & 0 ' / / * E / 3 = & = < * ! &' # ; # ! ? = 3 ! > /

! = 3 ! < 3 / 3 = 5 3 & M .

3 = 3 ; & # * , 0 ! & &! ! = 3 * / ? , & ; < * & ! # = * & ; 0 / < 3 # ! ? 3 = 6 / !

0uleiman lives in Ean2ibar now with his family, and despite suffering through hours of painfully loud music C everything frommetal to the #rish boy band estlife C he uses 'ob Marley songs to calm himself when he starts to have flashbacks to his timein detention.

1=ur single biggest concern is that there has been 2ero accountability for the torture program,1 said ;adin. 1ithout that Cwhen you have impunity for torturers, when you donFt even apologi2e to the victims of it C itFs difficult to see how weFre notgoing to have history repeat itself in the future. e can just look forward without accounting for what we did in the past. erun a tremendous risk of going down this path.1

=ne of the strangest things about the two psychologists who designed the program is that they not only received GH9 million ingovernment money for teaching people how to inflict physical and psychological damage on others, but they$ve also neverfaced any penalties for violating professional ethics. 1#t$s mind-boggling that ethics complaints against them never wentanywhere,1 ;adin said.

hat would success look like for these menI 1& successful outcome would be that this case goes forward, and these threevictims and survivors get their day in court and get to tell their story,1 ;adin says. 1& further success would be when theseobvious violations of international law, that a judge and jury agree that these plaintiffs should receive some compensation forit.1

 

*hen $octors Torture

 

!he 0enate released its report on the #&Fs interrogation program on !uesday, revealing horrendous details of the torture tactics used on prisoners,including waterboarding, sleep deprivation, and Jrectal feeding.K omplicit in this treatment were several Jmedical officersK (itFs not explicitly statedwhether they hold M..s), who enabled, oversaw, and designed many of the techniues.

!wo psychologists, r. 6ames Mitchell and r. 'ruce 6essen, were paid GH9 million to design the program, and medical officers and physiciansFassistants are cited throughout the report as consultants who advised on things like forcing detainees to stand on broken limbs and JrehydratingK via arectal tube rather than a standard #: infusion. hile in many medical schools around the <nited 0tates, students swear the >ippocratic =ath, sayingout loud the words Jmay # long experience the joy of healing those who seek my help,K  #& medical officers used their intimate knowledge of thehuman body as a weapon, to harm people the <.0. government deemed enemies.

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r. 0teven Miles is a professor at the <niversity of Minnesota Medical 0chool, a board member of the enter for :ictims of !orture, and author

of Oath Betrayed: America's Torture Doctors. >e has been studying doctorsF involvement in torture programs since photos of the human rights

violations at the &bu 5hraib prison in #ra came to light in 788A. >e maintains the website octorswhotorture.com, which tracks physician standards

of conduct and punishments for doctors who aid torture around the world. e spoke by phone about the #& report, the role doctors play in

interrogation, and how they could be held accountable.

Julie "eck+ hat role did doctors play in this #&-mandated torture, and how integral was itI

1rofessional codes describe doctors$ duties not only to avoid participating in torture, but to document and report it.1

Steen )iles+ hatFs new here is the #& side. !he role of doctors in torture during the ar on !error has been pretty well excavated on the efenseepartment side, but the #& Lhas some exemptions from reedom of #nformation &ct reuests, so thatFs remained hidden. /ssentially the doctorsand psychologists were built in to the entire torture system. !hey werenFt simply bystanders who were called in to respond when the system went offthe rails. 0ome doctors apparently protested this. 'ut they kept their protests inside Lthe #&, they never went outside, which they should have donewhen they saw these types of abuses.

 

#n general, doctors in torture have a couple roles. *umber one, they design methods of torture that do not leave scars. or example, the so-called

Jrectal feedingK which is actually a medieval techniue in which the intestines are inflated with a viscous material to cause intestinal pain. !he docs

are also involved in making sure that the prisoners who werenFt supposed to die didnFt die. !he third thing doctors do is they falsify medical records

and death certificates to conceal the injuries of torture. [Ed.: Miles has written on this in the context o A!u "hrai!.#

"eck+ hen weFre talking about how integral it was, is the medical knowledge that doctors bring to these operations something interrogation

 programs could not do withoutI #f every doctor in the world refused to participate, would they be out of luckI

)iles+ !here are two answers to this uestion. =ne is, doctors get the prisoners that the 3ed ross never sees. 0o in a sense doctors are frontline

human-rights monitors who get into places where regular human rights groups canFt go. *umber two, there are a set of professional codes, that are

endorsed by the &merican Medical &ssociation and the orld Medical &ssociation, that describe doctorFs duties not only to avoid participating in

torture, directly or indirectly, but also a duty to document it and to report it, going outside the chain of command if necessary.

&s human rights groups have put additional pressure on regimes around the world with regard to torture, regimes that are responsive to human rights

 pressure want to use torture that doesnFt leave scars. 0o they prefer methods like asphyxiation, isolation, cramming people in small boxes, white

rooms with loud noises, because it just destroys people psychologically. hereas regimes like &ssadFs regime Lin 0yria donFt really care if there are

scars. 0o there is no role for medicine in that respect in an &ssad-type regime or in *orth 4oreaFs regime.

1octors play a critical role in torture in regimes that don$t want to leave scars, and that includes the <nited 0tates.1

"eck+ 0o really the doctors become more important in places like the <.0. where if things like this got out, people would pressure the governmentI

)iles+ ?es, doctors play a critical role in torture in regimes that donFt want to leave scars, and that includes the <nited 0tates.

 

"eck+ hy would people use medical knowledge and expertise learned to heal people for the opposite purposeI

)iles+ #tFs pretty interesting, #Fm writing a book on just that uestion. !he docs who get involved in this, number one, are careerists. !hey get

involved for rank and career, and the regimes never coerce them, or extremely rarely coerce them. #nstead what happens is the regimes treat them as

some kind of elite. !he docs are generally not sadists. !his is not the stuff of $aw% for example. !hey go along with the dominant political theme of

the prison" J!hese are our enemies and we gotta suee2e them for the information.K !he thing thatFs so interesting is that there is research showing

that force of interrogation does not work, that itFs counterproductive. !hese docs seem to be entirely unaware, not only of the ethics codes, but also of 

the ineffectiveness of these interrogation strategies, that they never mount a protest.

"eck+ hat is the relationship between doctors and the military in these ar on !error prisonsI #Fm sure itFs a very different environment in which to

 be a doctor as opposed to a hospital.

)iles+ !he #& doctors were under an office within the #& called the =ffice of Medical 0ervices. !hatFs not military, thatFs #&.

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?ou had situations where doctors were seeing people with fractures, saying they shouldnFt be made to stand, and the people were standing and the

docs werenFt reporting that the medical regime wasnFt being followed. !hatFs a form of passive complicity. !he docs who supervise and say, Jell,

what you should do is use medical saline rather than distilled water when you waterboard people so that you donFt make the blood salts dilute,K thatFs

active participation.

 

or example, if # flood your lungs and throat with just plain tap water, what happens is the sodium in your blood and the potassium in your bloodgoes down because of the distilled water. 0o itFs less likely to be lethal if # flood you with medical saline (the kind of stuff you see hanging on #: bags) because then those electrolytes donFt get changed. rom the prisonerFs standpoint, heFs still experiencing a drowning.

 

"eck+ eFve talked about the medical side, but what does it mean that there were psychologists who helped design this programI hat role does

 psychology and that knowledge base playI

)iles+ /ssentially what happened is that the = constructed a deal with the &merican sychological &ssociation to craft a new code of ethics for

ar on !error interrogations.

[Ed.: The AA has authoried  an inde(endent re)iew o alle*ations that it colluded with the "eor*e +. Bush administration on torture% and has

 stated: ,-n the meantime% the Board a*ain reiterates the Associations lon*standin* (olicy (rohi!itin* any (sycholo*ist in)ol)ement in torture and

cruel% inhuman or de*radin* treatment or (unishment. There are no exce(tions to that (olicy./#

!he military took two psychologists LMitchell and 6essen who took the theory of learned helplessness, and they decided to apply that to interrogation.

;earned helplessness as a model for interrogation has been discredited. ;earned helplessness works like this. #f you shock a dog every time it turns to

the right, then itFll start always turning to the left. #f you shock a dog no matter which way it turns, eventually the dog just lies down and takes it. !he

theory of this interrogation system was, if we punish these prisoners no matter what, they will become helpless and compliant to whatever we want.

!hat is, theyFd give up information.

"eck+ o you think these doctors who were involved are going to be held accountableI hether itFs through the law or through medical licensing

 boardsI

 

)iles+ =n the website # maintain, # trace the accountability of doctors around the world since the *a2is, not including the *a2is. &ccountability has

 been slowly building throughout the world. !here have been a half do2en docs whoFve been subject to licensing-board hearings, and in all cases the

licensing board has declined to get involved. !hese have been ar on !error cases.

!here is a law in the <.0. against torture. !heoretically these people could be charged for violations of that federal law. 'ut the =6 basically said,

J0ince we all said this was legal at the time, weFre not going to prosecute them.K

!he licensing board in these cases has several options. !hey can suspend a license, which is the typical punishment around the world, or they can

revoke the license. 0o the licensing board hearings here could address that. 0ignificantly, the &merican Medical &ssociation still hasnFt commented

on the 0enate report Las of !hursday. !he &M& is not exerting leadership here.

[Ed.: The AMA's oicial (olicy on torture reads% in (art: 0hysicians must o((ose and must not (artici(ate in torture or any reason. artici(ation in

torture includes% !ut is not limited to% (ro)idin* or withholdin* any ser)ices% su!stances% or 1nowled*e to acilitate the (ractice o torture. hysicians

must not !e (resent when torture is used or threatened ... hysicians may treat (risoners or detainees i doin* so is in their !est interest% !ut

 (hysicians should not treat indi)iduals to )eriy their health so that torture can !e*in or continue.#

 

"eck+ o other countries have different laws or standards of punishment in these casesI

1!he doctors and psychologists were built into the interrogational abuses. #t wasn$t a matter of turning off protests, it was a matter of a structuredsystem of complicity.1

)iles+ 'ra2il, hile, &rgentina, and <ruguay have punished bunches of doctors. 3wanda punished bunches of doctors. 3wanda probably punished

the largest percentage of its physician workforce of any country on the planet. !hen youFve got countries like 5reat 'ritain, 5uyana, #ndia, akistan,

0ri ;anka, 5reece, and these countries have punished a token number of physicians, one or two, even though the involvement of physicians in torture

has been much more widespread.

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"eck+ &re there any other important aspects of this that we havenFt talked about yetI

)iles+ !he first uestion # asked when # saw the &bu 5hraib pictures was, JMy god, where were the doctors when all this was going onI >ow did the

government turn off the protests from the medical systemIK hat # discovered instead was that the doctors and psychologists were built into the

interrogational abuses. 0o it wasnFt a matter of turning off their protests, it was a matter of a structured system of complicity. !his has greatly harmed

the <.0. medical communityFs ability to speak on behalf of doctors who are protesting torture around the world.

 

;et me give you a few examples. !here was a psychiatrist in 3ussia, in the 0oviet <nion, who was pointing out 3ussia had built psychiatric prisons

to punish dissidents. >is name was &natoly 4oryagin. >e smuggled out a secret paper in a medical journal called The 2ancet , and he was

immediately sent to Lprison. !he medical community in the <.0. and /urope was able to secure his release.

!here was a doctor by the name of ourandarjani in #ran who told of torture in #ranian prisons. 'ut his testimony in #ran happened Lin 788@ after the

medical abuses in &bu 5hraib were out. [Ed.  ourandar3ani died o an alle*ed heart attac1 in 4o)em!er 56678some human ri*hts *rou(s ha)e

called  his death ,sus(icious./#=ur ability to be a leader in these areas has huge conseuences for people who are doing very dangerous human rights

work around the world. &nd weFve totally compromised ourselves.

 

>ow narco tests gave more misses than hits

 

#n the last few years, the city police have used narco-analysis and brainmapping tests as a 1secret weapon1 against suspects in high-profile cases.>owever, often the results have been less than satisfactory and in some cases have led to major setbacks.

!he Mumbai police$s application to conduct narco-analysis on 0uraj ancholi, son of  'ollywoodactor &ditya ancholi, who was arrested forallegedly abetting actor 6iah 4han$s suicide, has once again brought attention on the much-abused test.

1&t times, the police do resort to means, like the narco-analysis tests, as a shortcut to investigation or as a convenient tool to get their way. !hisshould not be encouraged,1 said criminal lawyer Majeed Memon. 1!he facts of this case L6iah$s suicide do not justify subjecting the accused L0urajto narco-analysis test and is undesirable.1

 

& narco-analysis test involves using sedatives, such as sodium pentothal or sodium amytal, to put a person in hypnotic-like state, rendering himunable to lie. !he person then answers only specific uestions and the answers are taken to be spontaneous. & narco-analysis test report can only be

used as supportive evidenceN it is not admissible as standalone evidence in court.

=ne narco-analysis test that had left the state government red-faced was that of &bdul 4arim !elgi, main accused in the fake stamp paper scam case.uring the test in 788B, !elgi named leading Maharashtra politicians and of making payments to them. !hen deputy chief minister hhagan'hujbal had to uit following the revelations. 'ut investigations could not corroborate his statements.

More recently, the police$s efforts to use narco tests to make breakthroughs in serious offences, such as rape and murder, have come a cropper.

Mohammed &jmeri 0heikh, who was accused of raping and murdering a nine-year-old girl in 4urla in 7898, was subjected to the test with the hopethat he would confess to raping and killing other girls in the areas, but the police got no leads. !hey were unable to file a chargesheet within thestipulated @8 days and &jmeri got bail.

!he other high-profile case involved :ijay alande arrested for the murder of elhi businessman &run !ikku in ;okhandwala in 7897. alandereportedly confessed to killing aspiring producer 4aran 4akkar and dumping the body at 4humbarli ghat near hiplun. !here they stumbled upon theskeletal remains of an identified body. !he narco test on alande remained inconclusive and the crime branch could not identify the skeletal remains.

#n other parts of the country, too, probes using narco tests have not been always successful. !he results of the tests on *oida dentists r 3amesh!alwar and his wife *upur in connection with the murders of their daughter &arushi and domestic help were inconclusive.#n >yderabad, the policewere unable to extract any information from &bdul 4aleem and #mran 4han, alleged associates of ><6# leaders &bu >am2a and 0hahed alias 'ilal,accused in the &ugust 788O twin blasts in that city.

 *arco analysis missesP

7897 - :ijay alande case

olice subject :ijay alande, an alleged serial killer$$, to narco analysis test.

0tatus" !ests were inconclusive as the police were unable to find the identity of a body they found in 4umbharli ghat.

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7898 - 4urla serial rape and murder cases

olice conduct narco analysis tests on Mohammad &jmeri 0haikh, an accused in the rape and murder of minor girls in 4urla.

0tatus" !est fail to yield any positive results for the police. olice fail to file chargesheet within the stipulated @8 days and the court releases &jmerion bail.

7898 - &rushi murder case.

 *arco analysis was conducted on r. 3ajesh !alwar and his wife *upur in the &rushi murder case.

0tatus" !he tests were inconclusive and the trial in the case is currently stayed.

788O - >yderabad twin blasts

&bdul 4aleem and #mran 4han, accused in the >yderabad twin blasts case undergo narco analysis tests.

0tatus" olice fail to get any breakthrough in investigations or suspected connection with the 788D terror attack on the #ndian #nstitute of 0cienceshootout

788B - !elgi case

&bdul 4arim telgi, the main accused in the multi crore fake stamp scam case was administered narcoanalysis tests. uring his tests, !elgi had madeallegations against some top politicians from Maharashtra.

0tatus" hile !elgi was convicted in some of the cases, the allegations against the politicians came to naught.

 

,s arco nalysis a Relia/le Science0 1 2resent 3egal Scenario ,n ,ndia.

 

The term arco-nalysis is deried from the 4reek word nark5 6meaning 7anesthesia7 or 7torpor78 and is used to descri/e a diagnostic and

psychotherapeutic techni9ue that uses psychotropic drugs' particularly /ar/iturates' to induce a stupor in which mental elements with

strong associated affects come to the surface' where they can /e e:ploited /y the therapist. The term narco-analysis was coined /y ;orseley.

arco analysis first reached the mainstream in <=>>' when Ro/ert ;ouse' a Te:as o/stetrician used the drug scopolamine on two prisoners.

 

The search for effectie aids to interrogation is pro/a/ly as old as man?s need to o/tain information from an uncooperatie source and aspersistent as his impatience to shortcut any tortuous path. ,n the annals of police inestigation' physical coercion has at times /een

su/stituted for painstaking and time consuming in9uiry in the /elief that direct methods produce 9uick results. $eelopment of new tools of

inestigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of adances in

science /ut they often raise dou/ts regarding /asic human rights and also a/out their relia/ility. 3egal 9uestions are raised a/out their

alidity with some upholding its alidity in the light of legal principles and others re(ecting it as a /latant iolation of constitutional

proisions.

 

"rief Outline of The arco nalysis Test-

The narco analysis test is conducted /y mi:ing @ grams of Sodium 2entothal or Sodium mytal dissoled in @AAA ml of distilled water. arco

Test refers to the practice of administering /ar/iturates or certain other chemical su/stances' most often 2entothal Sodium' to lower a

su/(ectBs inhi/itions' in the hope that the su/(ect will more freely share information and feelings. person is a/le to lie /y using hisimagination. ,n the narco nalysis Test' the su/(ectBs inhi/itions are lowered /y interfering with his nerous system at the molecular leel. ,n

this state' it /ecomes difficult though not impossi/le for him to lie .,n such sleep-like state efforts are made to o/tain 7pro/atie truth7 a/out

the crime. !:perts in(ect a su/(ect with hypnotics like Sodium 2entothal or Sodium mytal under the controlled circumstances of the

la/oratory. The dose is dependent on the personBs se:' age' health and physical condition.

 

The su/(ect which is put in a state of ;ypnotism is not in a position to speak up on his own /ut can answer specific /ut simple 9uestions after

giing some suggestions. The su/(ect is not in a position to speak up on his own /ut can answer specific /ut simple 9uestions. The answers

are /elieed to /e spontaneous as a semi-conscious person is una/le to manipulate the answers.

 

*rong dose can send the su/(ect into coma or een result in death. The rate of administration is controlled to drie the accused slowly into ahypnotic trance. The effect of the /io-molecules on the /io-actiity of an indiidual is eident as the drug depresses the central nerous

system' lowers /lood pressure and slows the heart rate' putting the su/(ect into a hypnotic trance resulting in a lack of inhi/ition. The

su/(ect is then interrogated /y the inestigating agencies in the presence of the doctors. The reelations made during this stage are recorded

/oth in ideo and audio cassettes. The report prepared /y the e:perts is what is used in the process of collecting eidence. This procedure is

conducted in goernment hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. 2ersonal

consent of the su/(ect is also re9uired.

 

Other associated truth finding tests-

part from narco test there are also other two kinds of tests which are popularly used on the conict for e:traction of truth' these are-

,. 2olygraph or lie $etection Test+

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,t is an e:amination' which is /ased on an assumption that there is an interaction /etween the mind and /ody and is conducted /y arious

components or the sensors of a polygraph machine' which are attached to the /ody of the person who is interrogated /y the e:pert. The

machine records the /lood pressure' pulse rate and respiration and muscle moements. 2olygraph test is conducted in three phases- a pretest

interiew' chart recording and diagnosis. The e:aminer 6a clinical or criminal psychologist8 prepares a set of test 9uestions depending upon

the releant information a/out the case proided /y the inestigating officer' such as the criminal charges against the person and statements

made /y the suspect. The su/(ect is 9uestioned and the reactions are measured. /aseline is esta/lished /y asking 9uestions whose answers

the inestigators know. 3ying /y a suspect is accompanied /y specific' percepti/le physiological and /ehaioural changes and the sensors

and a wae pattern in the graph e:pose this. $eiation from the /aseline is taken as a sign of lie. ll these reactions are corro/orated with

other eidence gathered. The polygraph test was among the first scientific tests to /e used /y the interrogators.

 

,t was Ceeler who further refined the polygraph machine /y adding a 2sycho-galanometer to record the electrical resistance of the skin.

 

,,. 2@AA or the "rain )apping Test+

This test was deeloped and patented in <==D /y neurologist $r. 3awrence . Farwell' $irector and %hief Scientist E"rain *ae Science'

,O*. ,n this method' called the E"rain-wae finger printingG the accused is first interiewed and interrogated to find out whether he is

concealing any information. Then sensors are attached to the su/(ect?s head and the person is seated /efore a computer monitor. ;e is then

shown certain images or made to hear certain sounds. The sensors monitor electrical actiity in the /rain and register 2@AA waes' which are

generated only if the su/(ect has connection with the stimulus i.e. picture or sound. The su/(ect is not asked any 9uestions. $r. Farwell has

pu/lished that a )!R)!R 6)emory and !ncoding Related )ultifaceted !lectro !ncephalographic Response8 is initiated in the accused

when his /rain recogniHes noteworthy information pertaining to the crime. These stimuli are called the Etarget stimuli. ,n a nutshell' "rain

finger printing test matches information stored in the /rain with information from the crime scene. Studies hae shown that an innocentsuspect?s /rain would not hae stored or recorded certain information' which an actual perpetrator?s /rain would hae stored. ,n S' the

F", has /een making use of E"rain mapping techni9ue to conict criminals.

 

arco nalysis in ,ndia-

few democratic countries' ,ndia most nota/ly' still continue to use narco analysis. This has come under increasing criticism from the pu/lic

and the media in that country. arco analysis is not openly permitted for inestigatie purposes in most deeloped andIor democratic

countries. ,n ,ndia' the narco analysis test is done /y a team comprising of an anesthesiologist' a psychiatrist' a clinicalI forensic psychologist'

an audio-ideographer' and supporting nursing staff. The forensic psychologist will prepare the report a/out the reelations' which will /e

accompanied /y a compact disc of audio-ideo recordings. The strength of the reelations' if necessary' is further erified /y su/(ecting the

person to polygraph and /rain mapping tests.

 

arco analysis is steadily /eing mainstreamed into inestigations' court hearings' and la/oratories in ,ndia. ;oweer' it raises serious

scientific' legal' and ethical 9uestions. These need to /e addressed urgently /efore the practice spreads further. arco analysis has /ecome an

increasingly' perhaps alarmingly' common term in ,ndia. ,t refers to the process of psychotherapy conducted on a su/(ect /y inducing a

sleep-like state with the aid of /ar/iturates or other drugs. ,n a spate of high profile cases' such as those of the ithari killers and the

)um/ai train /lasts' suspects hae /een whisked away to undergo an interiew drugged with the /ar/iturate sodium pentothal.

 

arco nalysis from %onstitutional & 3egal Stand 2oints-

The main proision regarding crime inestigation and trial in the ,ndian %onstitution is rt. >A6@8. ,t deals with the priilege against self-

incrimination. ,t has its e9uialents in the )agna %arta' the Talmud' and the law of almost eery ciiliHed country. The priilege against

self incrimination is a fundamental canon of %ommon law criminal (urisprudence.

 

The characteristic features of this principle are-

-The accused is presumed to /e innocent'

-That it is for the prosecution to esta/lish his guilt' and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory e:amination of an accused were to /e permitted then force and

torture may /e used against him to entrap him into fatal contradictions. The priilege against self-incrimination thus ena/les the

maintenance of human priacy and o/serance of ciiliHed standards in the enforcement of criminal (ustice.

 

rt. >A6@8 which em/ody this priilege reads' Eo person accused of any offence shall /e compelled to /e a witness against himself.

 

On analysis' this proision will /e found to contain the following components+

-,t is a right aaila/le to a person Eaccused of an offenceG

-,t is a protection against such Ecompulsion Eto /e a witnessG

-,t is a protection against such Ecompulsion resulting in his giing eidence against himself.

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ll the three ingredients must necessarily coe:ist /efore the protection of rt >A6@8 can /e claimed. ,f any of these ingredients is missing' rt.

>A6@8 cannot /e inoked.

 

The application of narco analysis test inoles the fundamental 9uestion pertaining to (udicial matters and also to ;uman Rights. The legal

position of applying this techni9ue as an inestigatie aid raises genuine issues like encroachment of an indiidual?s rights' li/erties and

freedom. Su/(ecting the accused to undergo the test' as has /een done /y the inestigatie agencies in ,ndia' is considered /y many as a

/latant iolation of rt. >A6@8 of %onstitution. ,t also goes against the ma:im emo Tenetur se ,psum ccusare that is' Ko man' not een the

accused himself can /e compelled to answer any 9uestion' which may tend to proe him guilty of a crime' he has /een accused of?. ,f theconfession from the accused is deried from any physical or moral compulsion 6/e it under hypnotic state of mind8 it should stand to /e

re(ected /y the court. The main issue thus is the 9uestion of its admissi/ility as a scientific techni9ue in inestigations and its ultimate

admissi/ility in court as forensic eidence.

 

Section LD of the ,ndian !idence ct' <MN> does allow e:perts? opinions in certain cases. ,t reads+

E*hen the court has to form an opinion upon a point of foreign law' or of science' or art' or as to identity of handwriting or finger

impression' the opinions upon that point or persons especially skilled in such foreign law' or of science' or art' or as to identity of

handwriting or finger impressions are releant.

;oweer this section is silent on other aspects of forensic eidence that can /e admissi/le in court in criminal proceedings.

 

The right against forced self-incrimination' widely known as the Right to Silence is enshrined in the %ode of %riminal 2rocedure 6%r2%8 and

the ,ndian %onstitution.,n the %r2%' the legislature has guarded a citiHen?s right against self-incrimination. S.<< 6>8 of the %ode of

%riminal 2rocedure states that eery person Eis /ound to answer truthfully all 9uestions' put to him /y Pa policeQ officer' other than

9uestions the answers to which' would hae a tendency to e:pose that person to a criminal charge' penalty or forfeiture.

 

,t is well esta/lished that the Right to Silence has /een granted to the accused /y irtue of the pronouncement in the case of andini

Sathpathy s 2.3.$ani' no one can forci/ly e:tract statements from the accused' who has the right to keep silent during the course of

interrogation 6inestigation8. "y the administration of these tests' forci/le intrusion into one?s mind is /eing restored to' there/y nullifying

the alidity and legitimacy of the Right to Silence.

 

)oreoer' the tests like narco analysis are not considered ery relia/le. Studies done /y arious medical associations in the S adhere to the

iew that truth serums do not induce truthful statements and su/(ects in such a condition of trance under the truth serum may gie false or

misleading answers.

 

Some ota/le !ents & %ases of arco nalysis in ,ndia-

,. ,n a >AA (udgment 6 $inesh $almia State 8' the )adras ;igh %ourt held that su/(ecting an accused to narco analysis is not tantamount

to testimony /y compulsion. The court said a/out the accused+ 7he may /e taken to the la/oratory for such tests against his will' /ut the

reelation during such tests is 9uite oluntary.7 There are two fallacies in this reasoning. First' if narco analysis is all that it is made out to /e

/y the "angalore FS3' the accused will inoluntarily answer 9uestions posed to him during the interiew. The second fallacy is that it is

incorrect to say that the accused is merely taken to the la/ against his will. ;e is then in(ected with su/stances. The /reaking of oneBs silence'at the time it is /roken' is always technically oluntary.B Similarly' it can /e argued that after /eing su/(ect to electric shocks' a su/(ect

9uite oluntarilyB diulges information. "ut the act or threat of iolence is where the element of coercion is housed. ,n narco analysis' the

drug contained in the syringe is the element of compulsion. The rest is technically oluntary.

 

,,. ,n >AAL' the "om/ay ;igh %ourt ruled in the multi-crore-rupee fake stamp paper case that su/(ecting an accused to certain tests like

narcoanalysis does not iolate the fundamental right against self-incrimination. rticle >A6@8 of the %onstitution guarantees this+ 7o person

accused of any offence shall /e compelled to /e a witness against himself.7 Statements made under narco analysis are not admissi/le in

eidence. ;oweer' recoeries resulting from such drugged interiews are admissi/le as corro/oratie eidence. This is' argua/ly' a

rounda/out way to su/erting the right to silence ac9uiring the information on where to find the weapon from the su/(ect when' in his

right senses' he would not turn witness against himself. rguments hae /een made that narco analysis constitutes mental torture. ,t works

/y inhi/iting the nerous system and thus lowering the su/(ectBs inhi/itions. ,t is not difficult to interpret this as a physical iolation of an

indiidualBs mind-space. The State police departments are responsi/le for generating demand for the process. The decision to conduct narcoanalysis is usually made /y the Superintendent of 2olice or the $eputy ,nspector 4eneral handling a case.

 

high-ranking official in the Carnataka 2olice told The ;indu that police departments in ,ndia hae poor skills when it comes to collection'

collation' and presentation of eidence /efore the courts. %onse9uently' when there is enormous pressure on a police department to sole a

case' sending suspects to narco analysis not only /uys time /ut also gies the impression that something concrete has /een done a/out the

case.

 

,,,. ,n January >Lth' >AAM' a /ench of %hief Justice C.4. "alakrishnan resered its ruling after hearing arguments for three days from

arious parties' including Solicitor 4eneral 4oolam !. Vahanati and senior adocate $ushyant $ae' appointed /y the /ench as amicus

curiae to assist the court in the case. The /ench' which also included Justice R.V. Raeendran and Justice J.). 2anchal' heard the arguments

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/y counsel of arious people' including Santokh/en Jade(a from 4u(arat' popularly known as B4odmotherB' and some accomplices of fake

stamp paper case accused /dul Carim Telgi. Telgi and his accomplices are facing pro/e /y arious statesB police and other inestigatie

agencies for their alleged criminal acts.

 

These accused people hae challenged the legality of the use polygraph' /rain mapping and narco-analysis /y the inestigatie agencies to

pro/e the crime.

 

$uring the arguments' Vahanati (ustified the use of these three tests' saying they hae the legal mandate under Section D@ of the %riminal2rocedure %ode 6%r2%8' which lists a host of arious modern techni9ues like $ fingerprinting and collection of /lood samples as

perfectly legal tools to pro/e a crime. ;e said the term Bsuch other testsB occurring in the e:planatory note of the Section D@ includes these

three tests too.

 

B,f these tests are properly considered to /e steps in the aid of inestigation and not for o/taining incrimination statements' there is no

constitutional infirmity whatsoeer'B said Vahanati. BThese tests are scientific methods in furtherance of inestigation. ll these tests are

considered to /e the part of the process of collection of some su/se9uent eidence.

 

BThese tests may proide some clues to the inestigatie agency to collect some eidence /ut the statements gien /y the accused against

themseles during these tests are not of any eidentiary alue'B clarified the law officer.

 

"ut $ae during his arguments' contended that parliament neer intended to include these tests as tools for pro/e as Section D@ was last

amended in >AAD' when a list of arious modern scientific techni9ues was included in it as legal tools for inestigation. $ae also contended

that the use of these three tests as tools of inestigation is not alidated /y rticle >A6@8 of the constitution' which says+ Bo person accused of 

any offence shall /e compelled to /e a witness against himself.B

 

,V. ,n Shashi murder case' %ourt allows narco-analysis. Vi(aysen #ada' the main accused in the disappearance and murder case of

FaiHa/ad law student Shashi' has gone through polygraph and narco-analysis test from January <> to >. FaiHa/ad %hief Judicial

)agistrate Shailesh Tiwari permitted the police on Friday to conduct the tests at the %entral Forensic 3a/oratory in "angalore.

 

,n his order' the %J) said the tests on Vi(aysen will /e conducted in (udicial custody and prohi/ited inestigating Officer Sharat %handra

2andey from interening in any matter during the process of tests. The court also asked him not to accompany Vi(aysen to "angalore.

 

V. The "om/ay ;igh %ourt recently in a significant erdict in the case of' Ramchandra Reddy and Ors. . State of )aharashtra' upheld the

legality of the use of 2@AA or "rain finger-printing' lie-detector test and the use of truth serum or narco analysis. The court upheld a special

court order gien /y the special court in 2une as mentioned a/oe' allowing the S,T to conduct scientific tests on the accused in the fake

stamp paper scam including the main accused' /dul Carim Telgi. The erdict also said that the eidence procured under the effect of truth

serum is also admissi/le. ,n the course of the (udgment' a distinction was drawn /etween Estatement 6made /efore a police officer8 and

Etestimony 6made under oath in court8. The Judges' Justice 2alshikar and Justice Cakade' said that the lie-detector and the /rain mapping

tests did not inole any Estatement /eing made and the statement made under narco analysis was not admissi/le in eidence during trial.

The (udgment also held that these tests inole Eminimal /odily harm.

 

V,. arco-analysis of )oninder Singh 2andher' had started on Tuesday' January A=' The narco-analysis test of the prime accused in the

oida serial murder case )oninder Singh 2andher was conducted at the $irectorate of Forensic 3a/oratory. 2andher and Coli hae /een

accused of serial killing of women and children in ithari illage' in oida' ttar 2radesh. The odia police had /rought 2andher and his

serant Surendra Coli to $FS on January D for forensic tests. The tests are e:pected to go on for appro:imately eight hours' the sources said.

 

V,,. court in Cerala recently pronounced that no court order is re9uired to do a narco analysis' $isposing of a petition filed /y the %",

seeking permission of the court' the magistrate said that filing this type of a plea would only delay the inestigation. The court said no/ody

could stand in the way of the inestigating agency conducting tests recogniHed as effectie inestigation tools. *hen the technicalities of the

test itself are not clear and uniform' it /ecomes difficult to accept the stand taken /y the court.

 

The $egree of dmission of These Truth Finding Tests in %ourt-

3awyers are diided on whether the results of arco nalysis and 2@AA tests are admissi/le as eidence in courts. 7%onfessions made /y a

semi-conscious person is not admissi/le in court. arco nalysis Test report has some alidity /ut is not totally admissi/le in court' which

considers the circumstances under which it was o/tained and assess its admissi/ility'7 adocate 2. R Vakil told rediff.com. 7nder certain

circumstance' a person may hold a certain /elief. "y repeatedly thinking a/out an issue in a particular way' he /egins to /eliee that what he

is thinking is right. "ut it need not necessarily /e the truth'7 Vakil e:plained. Results of such tests can /e used to get admissi/le eidence'

can /e colla/orated with other eidence or to support other eidence. "ut if the result of this test is not admitted in a court' it cannot /e used

to support any other eidence o/tained the course of routine inestigation.7

 

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%riminal lawyer )a(eed )emon said' 7,f the courts gie permission to conduct these tests' then only it can decide the admissi/ility of the

test results and other related eidence. Such reports can /e used as eidence or to support other eidence.7 nother criminal lawyer Sham

Ceswani has a different iew. 7Such tests donBt hae any legal alidity. They can only assist the police inestigation. "ut' in case a person is

not affected /y the chemical' he might take some wrong names 6to mislead inestigators8. The results of such tests can /e used to support

other eidence'7 he said.

 

%onclusion-

3aw is a liing process' which changes according to the changes in society' science' ethics and so on. The 3egal System should im/i/e

deelopments and adances that take place in science as long as they do not iolate fundamental legal principles and are for the good of thesociety. The criminal (ustice system should /e /ased on (ust and e9uita/le principles. The issue of using narco analysis test as a tool of

interrogation in ,ndia has /een widely de/ated. The e:tent to which it is accepted in our legal system and our society is something' which will

/e clearer in the near future. ,n a situation where narco analysis is gaining (udicial acceptances and supports despite /eing an Eunrelia/le &

dou/tful science' we hae to seroiusly rethink a/out its legal and constitutional alidity from human rights perspectie.

 

Violence and the ethical responsi/ility of the medical profession

mar Jesani

 

rof. <pendra 'axi, a well known expert on law and a former vice chancellor of elhi and 0outh 5ujarat universities, in his comments on omenFs0tudies in the #003 *ewsletter seven years back, made some incisive and disturbing comments on the coverage of violence in social sciencediscourses in #ndia. J Mainstream social sciences in -ndia ha)e alto*ether i*nored the act that -ndia is a )ery )iolent society. There do not exist e)en

 (re9 theoretical discourses on )iolence in -ndia. om(ared with the (ractice o )iolence in -ndia% there is a total denial o discourse on )iolence.K9

>ealth care professionals have fared even worse than social scientists.

!he concern for violence is conspicuous by its virtual absence in medical discourses. !he special medical needs and rehabilitation of victims andsurvivors of violence are hardly ever discussed by doctors. #s this because health care workers do not come in contact with the victims and survivorsof violenceI !he answer is a categoricalno. :iolence invariably inflicts physical or psychological trauma and in any violence, the victims andsurvivors come in contact with health care workers, the last and extreme contact being established during autopsies on victims of violence. !heapathy of medical personnel is all the more disturbing simply because of the many professions in our country, medicine has the greatest claim tonobility, compassion, humanity, rationality and scientific attitudes.

<nlike some extremely backward countries, we have nearly a million (@,7O,Q7B in 9@@9) formally trained doctors, B7R of whom are trained inmodern medicine - a ratio of one doctor for less than a thousand persons in the country as whole and one doctor for less than five hundred in theurban areas. &n estimated HDR of all trained doctors work in the private sector A. ?et, the conscious response of the profession to one of the biggerepidemics of violence in recent times in our country has been grossly inadeuate. e have either shown plain indifference or clumsy and ad hoccrisis management when faced with violence. !his does not auger well for a profession claiming to have scientific basis for its practice. !he impliedfailure in discharging social responsibility raises ethical uestions for the profession at large in the country.

Violence and the edical !ro"ession

!he science of medicine incorporates sociological and epidemiological understanding. Medicine, and for that matter any science, not geared to realsocial andepidemiological issues loses its humanitarian content. !he violence described and documented by voluntary groups is not that by commoncriminals. !he violence covered here includes the deprivation of human and democratic rights, is associated with social and political mobilisation, isoften inflicted on helpless, oppressed, unarmed or innocent persons and has notable ideological underpinnings. !here are strong, extreme andsometimes genuine differences within the social groups on the attitude society should take on the subject. =ne finds strong defenders (and opponents)

of third degree methods, an euphesism for torture, almost routinely employed by the police. 0imilar divergence prevails in debates on caste,communal, gender and other forms of violence.

=neFs social position and ideological orientation, rather than the fact of the violence and the plight of victims and survivors, seem to determine thestand taken on violence. =f course there is also a big segment that has either become emotionally numb due from excessive exposure to violence or isindifferent as at present it is not directly affected.

0uch trends prevail in the medical profession as well. !o what extent is the attitude of doctors to violence shaped by their social positions andideological orientationI !here has been very little research on doctorsF attitudes on violence and the extent to which individual biases get reflected inmedical practice. 0ome indication on what is happening at the ground level within the profession is available from the recent reports of various local,national and international groups. !hese reports were prepared for specific purposes and their findings on the acts of commission and omissioncannot and should not be generalised. *evertheless, they do serve as pointers. !he few examples given below on postmortems and torture and rapeare purposefully selected by me in order to illustrate issues. # understand that there is always the other side to every story.

(a) &utopsy" !he way autopsies are conducted, findings recorded and access to reports denied has been a bone of contention for long. !here have been reports in the press about the pressure exerted on doctors by the police to give findings favorable to them. !he death of ayal 0ingh in policecustody made the 3esident octorsF &ssociation of &ll #ndia #nstitute of Medical 0ciences (&##M0) protest against such pressure. !his is referred toin &mnesty #nternationalFs (&#) report titled !orture, 3ape and eaths in olice ustodyB. !he autopsy reports on two nuns murdered in a 'ombaysuburb and the role of doctors in unscientific inter retation of its findings is also fresh in many mindsD. =n study of autopsy reports on victimsdying in police custody and on so- called deaths during SencountersF in the past few years, # found several disturbing issues which have graveimplications on the unethical behavior of doctors conducting autopsies"

(9) &utopsies are generally conducted by police surgeons in police hospitals to which lay people and other doctors have no access. &n independentmedical audit of work being done there is unheard of. !his situation is neither conducive to good science nor to ethics.

(7) & study of autopsy reports (no such study is available, hence the need for it) of victims of violence would probably show incomplete andunscientific documentation. !he 0upreme ourt had to order, in 9@H@, that all postmortem examinations held at &##M0 be standardised. =n makinginuiries # learn that this ourt order has remained inadeuately implemented.

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!here is a crying need to adopt (with suitable modifications) the <nited *ationsF manual on the effective prevention and investigation of extralegal,arbitrary and summary executions.P 0uch routine, standardised and scientific investigation by the medical profession would go a long way inchecking arbitrary killings and in upholding medical impartiality and neutralityF

(A) !here is also need to make the whole process more accessible to other doctors and the public. !he profession could allow a doctor appointed bythe relatives of the deceased to remain present at autopsy. !hey should make the official report available to the family doctor and the patientFsrelatives. !his is an issue on which the profession can easily assert its authority.

(b) !orture and rape" !here have been numerous official denials that the so- called third degree methods of interrogation or torture are practiced byour police and security personnel. !he evidence accumulated so far does not support such a claim. 0ome of the retired police officers, reared in theold school of correct policing, have publicly criticised the Snew methods of policingF which condone the use of torture, illegal detention and

tampering with records and in worst cases even condone execution of hard core criminals by police officersO

.

&#Fs report (9@@7) cites 9A cases of custody deaths due to torture in the period 9@HD- H@ in Maharashtra. & 'ombay newspaper reported a study by the prestigious 4arve #nstitute of 0ocial ork, une giving the toll of custody deaths in Maharashtra in 9@H8- H@ as 9DDH. =n inuiry # find that of these9DD deaths, 987 had taken place in the five year period 9@HD- H@ for which &# had reported only 9A. =n analysing the causes of the 9DD custodydeaths, # find that only @.OR (9D) were admitted as due to police action, BB.DR (Q@) were attributed to suicide or acts of the accused, OR (99) to actsof the public, 77.QR (AD) to disease and illness. 9A.QR (79) were termed natural deaths and in 7.QR (B) the cause was not known or record notavailable. # was astonished to learn some of specific causes listed" alcohol consumption (@ cases), hanging (BD), jumped in well (A), jumped under thetrain (7), jumped under the awtorickshaw (A), jumped under the bus (l), fell from the cot (l), skin disease (l), giddiness (l), unconsciousness (9) and soon. 5iven the norm that every death in custody ought to be investigated- and proper autopsy done, such causes are not only incomprehensible butalso lead to suspicion about a larger proportion of deaths due to torture.

#n an investigation of death in police custody in 'ombay, #, along with two journalists and a lawyer, found that the young victim accused of pettytheft was in the course of interrogation brought to the hospital in a serious condition with, as per hospital records, inflicted injuries on his wrists andthighs typical of torture, bloody vomiting, pain in the region around kidney etc. >e was given some treatment and asked to go back to his cell by thedoctor. #t was also found that the doctor had taken case history and examinedFhis patient in the presence of the police officer who had accompaniedthe victim.

!he doctor did not consider the presence of the police as violating the doctor- patient relationship. >e insisted that he did not suspect torture as thevictim never reported it to him. !he victim died in his cell.

0imilar findings were made by us in an investigation of a victim of gang rape wherein, inspite of the visible signs of injuries around the vagina,which could make any medical person suspect rape, the male doctor turned away the patient after treating her injuries simply because the womancould not tell him that she was rapedF. !he woman had reported rape to the nurse on duty but could not communicate this to the male doctor.

#n another case of custodial gang rape and torture of a tribal woman by police in 5ujarat, the commission of inuiry constituted by the 0upremeourt found that two doctors at the government hospital were guilty of shielding the policemen and issuing a false certificate 98

!hese examples only represent the tip of the iceberg. octors who come in contact with survivors and victims of violence are not always conscious

accomplices in ignoring or covering up the cases. # have been given the following reasons for non- reporting and conspicuous silence by medicaldoctors on torture and rape"

(9) & section of doctors involved are plainly ignorant about this aspect of medical work. #f it is true that it never occurs to a doctor that a policemanshould not be allowed to remain present during the doctor- patient interaction, or that certain signs and symptoms should make him% her suspicious of  possible torture, it shows crass ignorance in the profession and a grave lacuna in their training.

(7) &nother section is indifferent to the plight of sufferer due to their own social biases against the victims and survivors. 0uch indifference is also produced by social pressure to conform to the dominant belief. #n cases of torture inflicted on persons labeled as terrorists, # have found doctorsfaithfully treating the injuries of the victims but showing great reluctance in mentioning torture due to the fear of being seen as opposed to the stateFsefforts at fighting terrorism and separatism.

(A) & third section simply believes that by being in the employment of the government, the police department or the prison, they are bound by theorders of their superiors and feel that the code of their service does not allow them to Sblow the whistleF.

!he profession has failed to take the uneuivocal position that when a doctor has to choose between an administrative order and professional ethics,the latter must prevail. !he profession has also failed to protest when doctors are transferred as punishment for cri ticising gimmicky and unscientificmeasures taken by the authorities during epidemics, or when security forces harass and raid hospitals, interfering with the treatment of patients as in4ashmir 99. 0uch lack of collective assertion of professional independence and neutrality on crucial issues has left individual doctors defenseless,cynical and by default subservient to the authorities.

(B) &nother reason for doctorsF apathy to these issues is their unwillingness to Sget involvedF. Many remark, Je are doctors. e treat illness. e arenot interested in torture or rape.K !his is both inadeuate science and poor ethics.

#reatent$ reha%ilitation and docuentation

3ecognition of the fact that the reported instances of torture represent only a tip of the iceberg emphasises the need to document the problem in asystematic manner. !here is a need to put together experiences in treatment and rehabilitation of such victims, create a clearing house for suchinformation to be disseminated among interested professionals, and thus systematise corrective medical intervention.

!his would also provide precious information on the extent of problem encountered, the individuals and agencies (state, terrorists, armed groups,gangs) involved in torture, type of people affected, type of torture methods used and so on. !his information in turn would sensitise the professionand make it easier for medical associations and groups to successfully campaign for rooting out conscious or unconscious complicity of doctors intorture or its cover up. 0uch information will also sensitise other professionals in the media, law, social work etc. to play active and meaningful rolesin creating public awareness, in punishing the guilty and in rehabilitating survivors.

&ode o" edical ethics and torture

!he code laid down by the Medical ouncil of #ndia is a good but greatly neglected document. espite debates about commercialisation andsensational revelations in the press on various allegedly unethical practices by doctors, very little has been done by the medical associations to popularise and enforce this code.

&lthough the principles enunciated in the code are universal and exhort doctors to refrain from participating or colluding in anything that harms theindividual, there is a need to make them specific and directive, particularly in relation to the victims and survivors of violence. !his could be easilydone by incorporation of the international declaration on the subject in our code.

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3rd  'egree #orture %( )olice in India

http"%%sites.google.com%site%sosevoiceforjustice%Ard-degree-torture-by-police ,

 

!ditorial + R%O-3#S,S 1 R,4;T OR *RO40

The adances in science must /e used /y the police to find out the

truth' to sole the mysteries of the crimes. ,t is the /etter option

for /oth inestigation I interrogation than the classical

interrogation method inoling third degree torture' where in the

accused /reaks -down & /lurts out the truth' usually' in most of the

cases innocents una/le to /ear the torture confesses to the crimes

they hae not at all committed. The scientific tools of interrogation

namely arco-analysis . "rain mapping & polygraph Tests must /e made

mandatory for interrogation. The perpetrators of third degree torture

i.e. 2olice )ilitary personnel must /e punished seerelly. ot (ust

on innocents' een on proen criminals police hae no rights to

torture. ,t is grossly inhuman & illegal.

t present' there is certain /ias in the usage of scientific

interrogation tools+-

<8 4enerally eery/ody is afraid of police & their corrupt practices.

!en innocent persons are frightened of false fi:-ups & third degree

torture /y police. This fear shows up in their heightened an:iety

leel' changes in their /lood pressure' respiration' heart-/eat etc.'

There are chances of misinterpreting this as the 7Fear of a criminal

of /eing caught7

>8 These scientific tools are in the hands of police only. Therefore

it is /iased towards the police or prosecution in a case. Forensic

science la/s where these scientific interrogations are conducted are

under the control of 2olice department . Fundamental o/(ectie of 

police is to proe their case' the prosecutions stand point rather

than finding out the truth. Sometimes' the stand points of 

prosecution police are influenced /y caste' political & monetary

considerations. This /ias reflects in the preparation of 

the 7uestionnaire /y the ,nterrogator7 The interrogator if he wants

to /ring out a negatie image of the accused /efore the court' he

prepares the 9uestionnaire such that only negatie issues come out as

the answers. ,f the accused has got political patronage & has paid

hefty /ri/e to the police 9uestionnaire is prepared such as to /ring

out a positie image' to highlight innocent image of the accused.3eaing out all other related 9uestions' which /rings out truth' a

negatie image of the accused. The police are the one who decide the

fate' destiny of the accused.

@8 !ery human /eing has two personalities with in his su/ -

conscious mind one personality is eil' selfish & craes for all

material pleasures. The other personality is good ' humane & socia/le

one. *heneer an issue comes up /efore a human /eing ' wheneer a

human /eing sees' reads or hears a su/(ect two opinions are

formulated a/out it /y him. One /y his eil' selfish ego the other /y

his good' humane self . perfect human /eing' a social /eing is one

who controls his mind' contains the eil influences of his selfish

self and follows the guidance of his good self. This readily

e:presses itself through good humane social actions. criminal isone who does not hae control oer his mind and acts according to the

eil guidance of the selfish self.

There are chances of mis-interpretation during scientific

interrogation . ,f you e:pose only eil self you will get a negatie

image or else if you e:pose only the good self you will get a

positie image of the accused. For a /alanced iew' you hae to see

the /oth eil-self & good self of the accused together with his past

& present actions.

L8 t present only it is the prosecution who can use these scientific

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interrogation facilities' /ut not the defence.

,n the fake stamp paper scam during arco nalysis ' king pin )r.

Carim 3ala Telgi /lurted out the truth - gae out the names of his

VV,2 accomplices' 2olice accomplices' his /usiness details' so far so

good.

 

;ere/y , do re9uest you to order /oth the union goernment & all

state goernments +-

<8 To keep the forensic science la/oratories under the control of 

autonomous /odies like ational ;uman Rights %ommission.

>8 To make the scientific facilities of interrogation aaila/le for

/oth the prosecution & the defence of course' for a fee.

@8 To enact legislation to su/(ect the corrupt inestigating officer'

corrupt pu/lic prosecutor' corrupt presiding (udge of the case' etc.'

to scientific interrogations' /y /oth the defence & prosecution.

L8 To factor in the allowances for the natural fear for police 6for

their corrupt' ruthless' deil face8

D8 To create an un/iased impartial atmosphere free of fear or faour

to conduct the scientific interrogation.

8 To enact guidelines for scientific interrogation for framing

9uestions to /ring out /oth good & eil self in the su/ conscious to

hae a /alanced iew of the man under 9uestion together with his past

& present actions .

N8 To make it mandatory for all cases including VV,2s .

 

,n arious cases scams' inoling VV,2s cases drag on for years.

2u/lic money is wasted through waste of deli/erations of the house 6

2arliament' 3egislatie ssem/ly8' *aste through constitution of 

2arliamentary committees ' Judicial commissions' why not all those

VV,2s accused of inolement in scams su/(ected to tests like arco

analysis' poly graph' "rain finger printing etc.' So that 3 C dani

& )urali )anohar Joshi will tell a/out "a/ri )as(id demolition' Sonia

gandhi family will tell a/out "ofors' 4eorge Fernandese a/out

Tehelka' Ra(a a/out telecom tenders' 3allo 2rasad #ada a/out fodder scam. The

scam tainted VV,2 list goes on. *hy not these VV,2s are su/(ected toscientific interrogation with un/iased 9uestionnaire0

 

Jai ;ind. Vande )ataram.

 

#our?s sincerely '

 

agara(.).R.

 

Ta hrefU1http"%%www.amnesty.org 1VTimg borderU181 altU10upport &mnesty#nternational1 titleU10upport &mnesty #nternational1srcU1http"%%www.amnesty.org%images%banners%banner7-red%banner7-BQHxQ8-eng.jpg1%VWT%aV

 

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FOR!S,% S%,!%! 3"ORTOR# "43OR! ,$,

 

'&*5&;=3/" =nce the first choice for narcoanalysis tests, the orensic 0cience ;aboratory in 'angalore is now creaking under the burden of A88 pending reuisitions and the absence of an expert to conduct them.

0o far, 'angalore 0; has conducted over @88 narcoanalysis tests, which were mostly ordered by various courts across the country.

!hese have yielded some positive results and in at least 97 judgments of various high courts referred to the 0; narcoanalysis test reports.

#n a recent judgment in the &jay 4umar al versus 0tate of 6harkhand on March 9Q, the 0upreme ourt held that the results of polygraph,narcoanalysis, '/=0% brain mapping and fingerprinting have been based as evidence to deduce the term $the case of rarest of rare$ to uphold thedeath sentence.

!he services of the 'angalore 0; have been roped in to check 0imi activists in 4arnataka, blasts on Mumbai trains, in >yderabad and Malegaon.rom &bdul 4areem !elgi to underworld don &bu 0alem and suspects in the &rushi murder case which stunned elhi and :ini:inc 0astry are someof the high-profile cases in which narcoanalysis was done by 'angalore 0;.

>owever, things began going wrong during the trial of the 0ister &bhaya case in 4erala. !he '# charged that the narcoanalysis report was tamperedwith and fingers began to be pointed at 0; officials.0; &ssistant irector r 0 Malini, who used to conduct narcoanalysis, also ran into trouble over her date of birth in certificates as well as the procedure by which she was appointed. 0he was discharged the duty and the post has been vacant since then.

0; director r Mohan told !=# that the 0; would get consent from the accused before conducting the tests. 1e seek court permission and followthe guidelines laid down by the *ational >uman 3ights ommission also. >owever, we do not have experts now and therefore don$t conduct thesetests,1 he added.

 

Fake documents: Govt sacks FSL's Dr Malini

 

"angalore+ 'owing to opposition demand in the legislative council, the state government, on ednesday, sacked r 0 Malini, assistant director of

the orensic 0cience ;aboratory here, on charges of submitting fake documents that furnished wrong information about her caste, and educational

ualification for joining the service.

6anata al (0eculer) leader M *anaiah, who raised the issue in the council, demanded the government to immediately sack r Malini from service.

>e stated that Malini had not only submitted false caste records, but also fakecertificates of educational ualification, including 00; marks card.

0he is also accused of tampering with documents and brain mapping reports in 0ister &bhaya murder case of 4erala.

 *anaiah even drew home minister :0 &charya$s attention to a ecember 7Q, 788H letter written by former director-general of police 3 0ri 4umar to

the principal secretary, home department, to discharge r Malini from service.

'utno action was taken as r Malini was protected by influential persons in the ruling '6 government, *anaiah alleged.

#n his letter, the former 5 had accused r Malini of leaking narco test results conducted on &l 'adr extremist ahad &li to the media. >e alsoaccused her of professional impropriety.

>owever, a probe by the orps of etectives could not establish any impropriety on the part of r Malini.

/arlier, uestions were also raised on her recruitment through a special drive.

 

%", To grill $r.)alini of FS3 "angalore

 

Cochi' riday, 6anuary A8, 788@" !he '# sleuths have informed the 4erala >igh out that they will once again interrogate r.0. Malini &ssistantirector of the orensic 0cience ;aboratory (0;), 'angalore once again to clear the air regarding the narco Xanalysis s.

/arlier, the investigating agency had alleged that narco analysis expert, r Malini who conducted narco test on three persons r !homas 4utty, r6oseph uttrukail and 0ister 0teffi in =ctober 788O had tampered with the s containing the video graphed procedure of the tests conducted onsuspects in 0ister &bhaya murder case. !he agency in its submission said that she had tampered with the s twice on =ctober 77, 788O and on=ctober 7B, 788O. !he agency said that a given by the 0;, 'angalore had three reports of which two were nowhere connected with 0ister&bhayaFs murder. >owever the ourt on &ugust D, 788H had communicated to irector 0;, 'angalore to send the s of the entire procedure to0atheesachandran, 3egistrar 5eneral, 4erala >igh ourt.

>owever the ourt on &ugust D, 788H had communicated to irector 0;, 'angalore to send the s of the entire procedure to 0atheesachandran,3egistrar 5eneral, 4erala >igh ourt after which the ourt had cleared r Malini once again accusing the '# of misleading the murder case.

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)anual Scaenging+ )ust "e !radicated Right way

"y Ram 2uniyani

#ndian society is riddled with many evil practices, some of which tantamount to atrocity on one or other section of the dalit%deprived sections ofsociety. =ne such atrocity is the manual scavengingN the removal of human excreta by humans, with the minimum aid of brooms, metal scarpers and buckets. !his practice was officially supposed to have been banned in 9@@A by the 5overnment of #ndia. =fficial lapses and apathy apart, the surveys

 by the activists working against this practice show that even now over 9B lakhs of scavengers are still suffering ignominy and nearly @DR of theseworkers are women. !hese scavengers are the untouchables section of dalits, who have been trapped in this occupation as a birth based work. !he0tates have not taken the act of abolition of this practice seriously and even till 9@@@-7888 many a 0tates had not notified the act. #t is in this light thatthe social action group 0afai 4armachari &ndolan has given a call for abolition of this atrocity by the end of 7898.

!he manual scavenging is an offshoot of the untouchability practiced in #ndia. Many feudal societies have seen the birth based hierarchy of caste butthe #ndian caste system has been legitimi2ed through >oly 0criptures to make it a religious phenomenon. Many a factors have contributed toemergence of casteN 3ace, class and religion. urrently the race theory does not find much favor with the serious scholars of caste. !he majorcontributing factors have been the economic and religious. #n his famous phrase &mbedkar points out that Jcaste is not a division of laborN it is adivision of laborersK. >e puts more emphasis on the ideological and religious factors. #n his analysis these factors are interwoven as civili2ationalfactors which influenced and resulted in social changes leading to formation of caste system.

!he evolution of caste society was a slow process. #ts continuance was secured by making it hereditary. !he primitive taboo on eating together andintermarriage became caste law, which in turn led to marriage limits and elaborate rules of endogamy and exogamy. !he continuance of caste system

depended on vast network of sub-castes, which were connected with occupations. !his sub-caste X jati X came to have more relevance and becamethe basis of functioning of >indu society. &s caste became hereditary with close connection between occupation and sub-caste, it resulted in anautomatic check on individual moving up in the hierarchy of castes

<ntouchablity is the outcome of this caste system and manual scavenging is the subhuman expression of the same, that being amongst the worst ofatrocities perpetrated by the upper caste on the low castes. !his is the key concept inherent in purity-pollution, and rebirth theories which were usedto enslave the low caste and keep them tied to the subhuman occupation. 4halid &khtar (>ardnews Media, March 788H) points out that the earliestreferences to it are found in *arada 0amhita and :ajasaneyi 0amhita. #n *arada 0amhita one of the 9D duties listed for untouchables, one is theremoval of human excreta. #n :ajasaneyi 0amhita, handalas are referred to as slaves engaged in the disposal of human excreta. /ven other dalitslook down upon them and all the avenue of social interaction in any form were denied to them.

/xcavations at ;otha in 5ujarat show that >arappan civili2ation did have water based sanitation system. !he toilets were connected by drains andhad manholes and chambers. ith the decline of >arappan civili2ation this technology went into oblivion.

!he system of manual scavenging continued in medieval times as well. hile the Muslim kings did introduce different techniues at places. &s such

the communal politics, as is its wont, is trying to propagate that since the Muslims used 'urua, women could not go out to jungles, they introducedmanual scavenging. !his is another way of putting the blame of internal problems to external source. !his is far from truth. =bservation and researchinto the Mughal fortsF sanitation system shows that they had small outlets in the bathing rooms of Mughal forts which were used as toilets. !he wastefrom these toilets was carried by gravitational force to the ramparts with the help of water. !his techniue has been seen in the 3ed ort in elhi, inthe palaces of 3ajasthan, in >ampi, 4arnataka and in !hiruvananthapuram, 4erala.

!he 'ritish did claim that they have come here, carrying the Jhite ManFs 'urdenK of civili2ing the /ast, but as far as retrograde social practiceswere concerned they were unconcerned about those. #n the case of manual scavenging they put their seal of approval on this by systemati2ing it andcreating the posts of scavengers in army, railways, municipalities and big towns. 'arring few places they did not put the sewer lines in most of the places, as they observed that already the system of scavenging is in place. ue to industrial changes, end of craftsmanship and pauperi2ation of asection of society, some of them forced to join in this work.

&mbedkarsF rebellion against caste and his prescription on S&nnihilation of casteF and Mahatma 5andhiFs efforts to eradicate untouchabilty,experiments with new designs of toilets, had a minimal effect on the total social situation, as the social transformation has been painfully slow. &fter

 partition the untouchables from akistan were not permitted to come to #ndia and #ndian 5overnment did not try much for the safe passage of thisgroup to #ndia. &nd here the situations continued as it has been due to which the life was a total humiliation for this section of society persisted.uring last many decades the pressure of the social movements is forcing the 0tate authorities to abolish this practice and rehabilitate the scavengers.&s usual the 0tate response has been half baked and there is a lack of effectivity in the same. !he step of the social movements to do all, advocacy,campaign and other pressures, to ensure that this practice is put torest is very significant.

=ne knows that the popular opinion and efforts of all sensitive people to end this are needed at this point of time to remove this blot on #ndiansociety, irrespective of its sanction by the >oly 0criptures and traditional practices. /nough is enough, this atrocity on a section of our society has to be stopped forthwith, they need to be rahabilitated to the life of dignity, come what may.

 

arcoanalysis and some hard facts

03#3&M ;&40>M&*

arcoanalysis is /eing mainstreamed into inestigations and court hearings in ,ndia. This raises grae scientific and ethical 9uestions.

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'? 0/#&; &33&*5/M/*!

arcoanalysis is conducted in a hospital in the presence of a physician and an anaesthetist who administers the /ar/iturate. clinical

psychologist 9uestions the suspect. ;ere' a suspect in a >AAL murder case in "angalore is /eing 7narcoanalysed7. The court ac9uitted her as

narcoanalysis could /e used only for inestigation and not to conict suspects.

 *&3=&*&;?0#0 has become an increasingly, perhaps alarmingly, common term in #ndia. #t refers to the process of psychotherapy conducted on asubject by inducing a sleep-like state with the aid of barbiturates or other drugs. #n a spate of high-profile cases, such as those of the *ithari killersand the Mumbai train blasts, suspects have been whisked away to undergo an interview, drugged with the barbiturate sodium pentothal.

!his practice has also garnered support from certain 0tate governments as well as the judiciary. oliticians have fallen into the habit of hurling theterm Ynarcoanalysis$ at each other. #n 788Q, 4arnataka ongress leader >. :ishwanath suggested that hief Minister >.. 4umaraswamy and hiscolleagues undergo narcoanalysis in the henamma !rust bribery case. !he >ome Ministry$s forensic science directorate has yet to withdraw acontroversial manual on best practices in narcoanalysis in which it states that facilities for narcoanalysis need to be expanded. !here is also talk of the *ational #nstitute of Mental >ealth and *eurosciences (*#M>&*0) in 'angalore working with the 5andhinagar orensic 0cience ;aboratory (0;)to train personnel in this techniue. #t is not surprising then that there are about A88 people in the narcoanalysis ueue at the 0;, 'angalore, alone.

#t would appear that the narcoanalysis beast has acuired a life of its own. #t is increasingly knocking at the doors of courts and finding readyacceptance as a device to get at the truth during police investigations, though its scientific basis and value are under strong challenge. #t is for thisreason that the scientific, legal, and evidentiary issues relevant to the narcoanalysis debate need to be discussed critically.

 *arcoanalysis is rarely used for therapeutic purposes today. !he reliability of the practice has been uestioned by leading psychiatric and forensicexperts. r. . handra 0ekharan, the highly regarded former irector of the orensic 0ciences epartment of !amil *adu, has characterised the practice as an unscientific, third-degree method of investigation. *evertheless, sections of the police in #ndia and those connected with investigativeagencies consider it the golden ticket to solving difficult cases.

ar from being novel, truth serums have been in use since the early part of the 78th century. !he use of the drug scopolamine for criminalnarcoanalysis was first reported in 9@77. 'arbiturates, which have been in use since the beginning of the last century, were being used in psychotherapy for narcoanalysis by 9@A8 along with other methods of therapy. uring and after the ar years, <nited 0tates armed forces andintelligence agencies continued to experiment with truth drugs. !he entral #ntelligence &gency (#&) has admitted to using these as part of itsinterrogation tactics, and a declassified #& interrogation manual does concede that while truth drugs can be useful in overcoming resistance notdissolved by other methods, the actual content of what comes out during the interrogation can be 1psychotic manifestations... hallucinations,illusions, delusions or disorientation1.

&t the 9@OO <.0. 0enate hearings on its secret mind-control project, the #& acknowledged that 1no such magic brew as the popular notion of truthserum exists1.

#t also said that even under the best conditions, the barbiturates would elicit an output contaminated by deception, fantasy, garbled speech, and so on.0tudies have shown that persons who make truthful confessions are those who were likely to confess had interrogators persisted in using regularmethods, and that persons who lie can continue to manifest a lie even under the influence of a so-called truth serum. #n The ;a(e o the Mind , author

and physician 6oost Merloo says that the investigator can also induce and communicate his own thoughts and feelings to the suspect.

0cientific literature indicates that if narcoanalysis has any extra-therapeutic uses, it may be in making a suspect feel that he has revealed more than heactually did. ith repeated uestioning, it may be possible to reduce ambiguities although these cannot be eliminated.

'an in the <.0.

!.;. 3&'>&4&3

/dul Carim Telgi' the kingpin of the stamp paper scam' /eing /rought to a "angalore court in >AA@. Telgi underwent narcoanalysis in

"angalore.

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#n 9@H@, the *ew 6ersey 0upreme ourt ($tate ). itts) prohibited the use of sodium amytal narcoanalysis because the results of the interview werenot considered scientifically reliable, although there was some use to the interviews (1/ducing #nformation1 by *ational efence #ntelligenceollege). !he court opined that subjects are susceptible to filling in gaps in stories with fabricated detail (hyperamnesia), or believing in false events(memory hardening), and hypnotic recall, where thoughts of non-existent events become embedded in the memory. (15aps to fill1,  FrontlineN=ctober 78, 788Q).

0cientific scepticism and the absence of controlled studies have not deterred #ndian investigating agencies from running to the 0; in 5andhinagaror, more likely, 'angalore. 0; 'angalore is the de facto hub for narcoanalysis for various police departments across the country. *arcoanalysis isdone using sodium pentothal, in conjunction with three other tests - psychological profiling, polygraph (Ylie detector$) tests, and brain mapping.olygraph tests, which one can learn to Ypass$ or Yfail$, are used for screening and confirmation purposes only. 'rain mapping, a premature if promising techniue not entirely free from controversy itself, indicates whether a subject$s brain stores experiential knowledge about a certain object.

 *arcoanalysis is used when investigators need oral elicitations from a suspect. or instance, if brain mapping indicates that the suspect storesinformation about a blue getaway car allegedly used in the crime, then narcoanalysis, according to the 0;, 'angalore, is used to provide informationsuch as the number of the car, where it is parked, and so on.

 *arcoanalysis is usually conducted at :ictoria >ospital, 'angalore. #n addition to 0; psychologist r. 0. Malini, who uestions the suspect, there isan anaesthetist who administers the drugs and a physician who certifies the subject$s fitness for the test. !he psychologist also gathers and collatesinformation such as first information reports (#3s), autopsy reports, and biographical data when preparing for the test. !he entire procedure is video-recorded and the subject usually signs a consent form.

r. '.M. Mohan, irector of 0;, 'angalore, attributes a @Q to @O per cent total success rate to narcoanalysis. #ncluded in the definition of totalsuccess rate is the discovery of information that either triggers a relevant section of the law or may be cross-verified with other tests (such as brainmapping). &ssessments are aided by uestionnaires handed out to investigating officers. or instance, if the suspect speaks about a gun hidden in acoconut grove, and this leads the police to recovering the weapon (which is admissible as evidence), it would count towards the success rate.&dditionally, if someone mentions a blue car and this is recognised as being stored in the suspect$s brain using brain mapping, that too would counttowards the total success rate.

5.. 0&M&!> 4<M&3

/u Salem 6right8' one of the accused in the <==@ )um/ai serial /om/ /lasts case and a close associate of the underworld don $awood

,/rahim' after a narcoanalysis test at "owring ;ospital' "angalore' in $ecem/er >AAD.

!he abundance of scientific literature and forensic and psychiatric opinions on narcoanalysis does not shake r. Mohan$s claims about the reliabilityof the practice because he says he has the data from some A88 cases to prove his contentions. indings that point to the unreliability of narcoanalysis,according to r. Mohan, are usually based on studies of scopolamine and sodium amytal and are not applicable to sodium pentothal, which is used bythe #ndian laboratories. 1Many people say there are fantasies in the narco. # totally disagree because they do not know the pharmacokinetics of pentothal sodium,1 he says, adding that during narcoanalysis the tendency is to sleep if not uestioned, rather than hallucinating or fantasising.

!here are two problems with this argument. <sing sodium pentothal is not a new advance in narcoanalysis. 0odium pentothal was used for severaldecades in psychotherapy, according to r. .3. handrashekhar, eputy Medical 0uperintendent and rofessor of sychiatry for almost A8 years at *#M>&*0. 1!hiopental sodium will not make him Lthe patient tell everything that is inside him. !here is no guarantee that he will tell the truth,1 hesays. !he psychological fraternity around the world has conseuently stopped using pentothal in all but the rarest cases, and if it is used, it is alwayswith the consent of the patient.

r. Mohan$s contention that it is difficult to manifest fantasies in narcoanalysis is also open to debate. alse memory is an extremely well-researchedarea, according to r. hittaranjan &ndrade, a rofessor of sychopharmacology at *#M>&*0, with at least 7D years of experience. 1/ven a personwho is fully conscious can firmly believe in something that has not happened. !here is a lot of research done on this subject,1 says r. &ndrade.

sychiatrists hold that some D8 per cent of all individuals are suggestible even while fully conscious, meaning they can be made to believe events thatnever actually happened. !herefore, while patients under narcoanalysis may find it difficult to lie consciously depending on the depth of thenarcoanalysis, they can certainly say things that are on the surface of their minds. hat a person says in a sedated state depends on a lot of factors,including their personality, how awake they are, how strongly they want to deny certain facts, and so on. 1<nder pentothal narcoanalysis, wheninhibitions are lowered, a lot of the unconscious mind of the patient may come to the fore. !he patient may say things that he wished were true and

not that were necessarily true,1 says r. &ndrade.

/xplaining the case of a suspect who is repeatedly accused of a crime during regular interrogation, r. &ndrade says, 1!he same thing goes on duringthe narcoanalysis. >e Lthe suspect remembers Yyou$ve done this, you$ve done this$. >e says, Y# have done that.$1

hen science has outpaced the development of law or atY least the layperson$s understanding of it, there are unavoidable complexities regarding whatcan be admitted as evidence in court. #n the <.0. , where science often interfaces uncomfortably with the law, the 0upreme ourt offered four criteria, part of the aubert 0tandard (9@@A), by which to judge the credibility of a scientific principle held by a minority of practitioners" hypothesis testingN peer review and publicationN knowledge of error ratesN and acceptability in the general scientific community.

e must give narcoanalysis its due and grant that it has provided valuable leads to the police in some instances. >owever, one swallow, or even manyswallows in this case, does not a summer make. #t is logically consistent for even a pseudo-science to produce reliable outcomes in particular cases.!he overall reliability and science behind the practice can only be determined after statistical analysis of a sufficiently large sample.

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;egal &spects

!he irony that we face in #ndia is that the science has not leapfrogged the courts by any stretch of imagination. !he 'angalore research results andmethods have been neither peer-reviewed nor published. 3egarding publication of the data, Mohan says he will go public with the 0; data in threeto four months (from March 788O), and is willing to debate its implications at international forums. 1e have secured convictions, we have securedcross-verification and we have stood through the challenges of the defence,1 he says. &sked how he could go against scientific practice, by callingdata scientific when they have yet to be proved so, r. Mohan says, 1=therwise with what courage do you go to the courtI1 >e adds that given thenature of narcoanalysis, it is not possible to get volunteers to facilitate controlled studies. 0tudies based on some A88-odd criminal investigations areunlikely to consist of controlled experimental data, and the feedback that goes into defining the success of the analysis is in part provided by policeuestionnaires. >ere lurks a conflict of interest.

Suspected terrorist ,mran alias "ilal /eing taken to "owring ;ospital' "angalore' for a second narcoanalysis test' in January >AAN.

!here are other significant legal aspects to the narcoanalysis debate. #n a 788Q judgment ( Dinesh Dalmia ). $tate), the Madras >igh ourt held thatsubjecting an accused to narcoanalysis is not tantamount to testimony by compulsion. !he court said about the accused" 1>e may be taken to thelaboratory for such tests against his will, but the revelation during such tests is uite voluntary.1 !here are two fallacies in this reasoning. irst, ifnarcoanalysis is all that it is made out to be by the 'angalore 0;, the accused will involuntarily answer uestions posed to him during the interview.!he second fallacy is that it is incorrect to say that the accused is merely taken to the laboratory against his will. >e is then injected with substances.!he breaking of one$s silence at the time it is broken is always technically Yvoluntary$. 0imilarly, it can be argued that after being subject to electricshocks, a subject Yuite voluntarily$ divulges information. 'ut the act or threat of violence is where the element of coercion is housed. #n

narcoanalysis, the drug contained in the syringe is the element of compulsion. !he rest is technically voluntary.

#n 788B, the 'ombay >igh ourt ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysisdoes not violate the fundamental right against self-incrimination. &rticle 78(A) of the onstitution guarantees this" 1*o person accused of any offenceshall be compelled to be a witness against himself.1 0tatements made under narcoanalysis are not admissible in evidence. >owever, recoveriesresulting from such drugged interviews are admissible as corroborative evidence. !his is, arguably, a roundabout way of subverting the right tosilence - acuiring the information on where to find the weapon from the subject when, in his right senses, he would not turn witness against himself.

&rguments have been made that narcoanalysis constitutes mental torture. #t works by inhibiting the nervous system and thus lowering the subject$sinhibitions. #t is not difficult to interpret this as a physical violation of an individual$s mind-space.

!he 'ombay train blasts case, the *ithari killers case, and the 1beer killer1 case in Mumbai (788O) are just a few examples of recent cases thatinvolved narcoanalysis. !he sources of demand for this practice are the 0tate police departments. !he decision to conduct narcoanalysis is usuallymade by the 0uperintendent of olice or the eputy #nspector-5eneral handling a case. & high-ranking official in the 4arnataka olice

told Frontline that the olice epartments in #ndia had poor skills when it came to collection, collation and presentation of evidence before thecourts. 1#nvestigative skills at the grassroots are dwindling in #ndia,1 he said. onseuently, when there is enormous pressure on a police departmentto solve a case, sending suspects to narcoanalysis not only buys time but also gives the impression that something concrete has been done about thecase.

!his is likely what happened in the *ithari case, where the chief accused, Moninder 0ingh andher, and his domestic help, 0urender 4oli, were sentto 5andhinagar for narcoanalysis in 6anuary 788O, according to a reliable source. =ften these decisions are backed up by the genuine belief in the1'angalore henomenon1. 'angalore, perceived to be the science hub of #ndia, is mistakenly attributed with being able to use scientific tools to solveany and all investigations.

!here are, however, sections of those connected to investigating agencies who feel there is a legitimate case for narcoanalysis. !hese cases wouldinclude the 6essica ;al and 'est 'akery investigations where witnesses turned hostile or rape cases where issues of consent are being debated,according to r. M.0. 3ao, irector and hief orensic 0cientist at the irectorate of orensic 0ciences, the >ome Ministry$s forensic science unit.

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Surender Coli' main accused in the ithari case' coming out from a forensic science la/oratory in 4andhinagar in January >AAN after

narcoanalysis.

ith the 'ombay >igh ourt ruling permitting narcoanalysis, its use should be encouraged in grave offences, writes M. 0ivananda 3eddy,0uperindent of olice for yber rimes at riminal #nvestigation epartment (#), &ndhra radesh. !hough he cautions against the abuse ofnarcoanalysis after extensively acknowledging its many shortcomings, 3eddy says that using drugs in investigation is of particular use when theinvestigating officer is hard pressed for time or working to disrupt imminent plots including terrorist acts.

#f this line of argumentation sounds familiar, it is probably because it is as old as controversial investigative methods themselves. !he argument hasalso cropped up freuently in the media after the @%99 attacks in &lan ershowit2$s ticking-bomb terrorist case, where the >arvard ;aw 0chool professor argues for legitimising torture in select cases, such as when there is a hypothetical bomb waiting to explode. !here are many argumentsagainst the selective use of normally banned cruel practices. &uthorities are likely to abuse the power to decide which situations will warrant suchexceptions, even when such extraordinary situations are explicitly laid out by law. #t will be difficult to find a fool-proof way to determine whichsuspect is concealing information about a hypothetical bomb. #t will often be impossible to know if there is a bomb ticking in the first place. !heseuestions of discretion aside, when a country claims to be committed to human rights and against torture, one may ask if there can ever be a situationthat warrants a deviation from its commitment to such principles.

roponents of narcoanalysis have also argued that the <.0. has secretly resumed truth serum interviews. &fter @%99, a epartment of 6usticeMemorandum to the hite >ouse discussed options of using truth serums. &dditionally, 5erald osner$s book, +hy America $le(t , alleges that the<.0. covertly allows its intelligence agencies to conduct sodium pentothal interviews. *evertheless, these instances are behind the eyes of the law

and the public, unlike the #ndian case. &merican interrogation techniues are far from being the gold standard, having earned the ire of theinternational community and large sections of the <.0. population and legislature.

hile the expert studies and court opinions available internationally have granted that there may be some use in narcoanalysis, the overwhelmingevidence is that narcoanalysis is by no means a reliable science. #n the face of a near-consensus internationally, one or two #ndian forensiclaboratories claim to have new evidence and studies claiming remarkable success rates for the process. #t is now incumbent on them to prove theirclaim that narcoanalysis is backed by sound science. #n the absence of proof, narcoanalysis must necessarily be suspended, especially given its ethicaland human rights implications.

0tate governments need to work with the central authorities to enhance the investigative capabilities of their police departments. !he #ndian criminal justice system has an alarmingly low conviction rate and the situation needs to be rectified with emphasis on real science and state-of-the-arttechnology. &ccording to one law enforcement official, this starts with training the investigating officer at the constabulary level in basic investigativesciences. <sually it is the investigating officer who takes charge of an investigation, asking the forensic scientist to accompany him to the crime siteto collect certain evidence and provide expert opinion on certain aspects of the crime, which the forensic scientist has the expertise to do. #nstead, the

 police now hand over one of the most crucial parts of the investigation to a clinical psychologist conducting narcoanalysis. #nterrogation is an art aswell as a science. #t takes enormous amounts of training and patience - skills evidently lacking in much of the police force and increasinglyoutsourced to 'angalore.

!he entral government must make a clear policy stand on narcoanalysis - because what is at stake is #ndia$s commitment to individual freedoms anda clean criminal justice system. #n a positive development, the 0upreme ourt, in *ovember 788Q, ordered a stay on a metropolitan judge$s order toconduct narcoanalysis on 4. :enkateswara 3ao, in the 4rushi ooperative <rban 'ank case. 3ao refused to sign a consent form, and to its credit, the0;, 5andhinagar, refused to conduct the test without the signed consent form. !he 0upreme ourt decision on the case is awaited and will have asignificant bearing on the use of narcoanalysis in #ndia.

 

Supreme Court makes narco, lie detector, brain mapping tests illegal

 

ew $elhi+ #n a major setback to investigating agencies, the 0upreme ourt (0) on ednesday ruled compulsory brain mapping, narco-analysis

and lie detector tests unconstitutional as they violate individual rights.

Je hold that no individual should be forcibly subjected to any of the techniues in uestion, whether in the context of investigation in criminal cases

or otherwise. oing so would amount to an unwarranted intrusion into personal liberty,K a bench of chief justice 45 'alakrishnan, and justices 3:

3aveendran and 6M anchal said.

#nformation gained through the tests is already inadmissible in the countryFs courts, but the 0 ruling makes it clear that the police cannot use the

tests or investigate any leads arising thereof unless suspects volunteer.

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Jompulsory administration of any of these techniues is an unjustified intrusion into the mental privacy of an individual. #t would also amount to

Scruel, inhuman or degrading treatmentF with regard to the language of evolving international human rights norms,K the bench said in a 7D9-page

 judgment.

!he judges said relying on reports gathered from these techniues conflicts with the Jright to fair trialK.

!hey held that compelling public interest cannot justify the dilution of constitutional rights such as the Jright against self-incriminationK.

!hey said that as guardians of fundamental rights, they would be Jfailing in our dutyK if any citi2en is permitted to be forcibly subjected to the

uestionable tests.

!he bench described such tests as a form of third degree torture, which could not be permitted to replace existing police behaviour. #t discarded the pleas of the states and the entre that the tests were justified means to tackle terrorism, a crime where investigating agencies are not armed with any

tools to find out Jticking bombsK.

isposing of petitions filed by accused in Maharashtra, 4arnataka and &ndhra radesh, the bench said the tests can be administered to a person only

with consent and even then *ational >uman 3ights ommission guidelines must be adhered to. !he person needs to be assisted by a lawyer, his

consent needs to be recorded before a magistrate, and he needs to be told about the implications of his consent and the fact that the information thus

collected would not be used against him as evidence in court. 'ut information or material collected with the help of a (voluntary) test can be admitted

in court under section 7O of the /vidence &ct.

!he bench refrained from categorically suggesting that the government could enact a law through arliament to make the tests valid in compelling

 public interest and exceptional circumstances. 'ut it said the argument merits consideration and it is Jthe task of legislature to arrive at a pragmatic

 balance between the often competing interests of personal liberty and public safetyK.

'eing the constitutional court, the 0 can only Jseek to preserve the balance between these competing interests and their interpretationFF, the benchsaid.

!he bench expressed the 0Fs dilemma in justifying the Juse of torture or other improper means for eliciting information which could help in saving

the lives of ordinary citi2ensK, but termed the governmentFs defence of making such means applicable to terror-related cases as Jutilitarian

considerationsK.

!he government reacted carefully to the judgment, with a senior attorney welcoming the verdict but saying Jsomething extra is needed to deal with

terrorists and militantsK.

 

2olygraph

From Wikipedia, the ree enc!clopedia

6ump to" navigation, search

!his article is about the forensic instrument. or the automatic signing instrument, see &utopen. or the dual pen device that produces a simultaneouscopy of an original while it is written in cursive writing, seeolygraph (duplicating device).

1;ie detector test1 redirects here. or other uses, see ;ie detector test (disambiguation).

olygraph results are sometimes recorded on a chart recorder 

& polygraph (popularly referred to as a lie detector) is an instrument that measures and records several physiological indices such as  blood pressure, pulse, respiration, breathing rhythms%ratios, and skin conductivity while the subject is asked and answers a series of uestions, in the beliefthat deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers.

"ol!graph! is #idel! re$ected as pseudoscience b! the scienti%c communit!&() *onetheless, pol!graphsare in some countries used as an interrogation tool #ith criminal suspects or candidates or sensitivepublic or private sector emplo!ment& +S ederal government agencies such as the F- and the C-.and man! police departments such as the L."D use pol!graph e/aminations to interrogate suspectsand screen ne# emplo!ees& Within the +S ederal government, a pol!graph e/amination is alsoreerred to as a psychophysiological detection of deception 0"DD1 e/amination& edit) 2istor!

!he idea that lying produces physical side-effects has long been claimed. #n est &frica  persons suspected of a crime were made to pass a bird$s eggto one another.Lcitation needed 

 #f a person broke the egg, then he or she was considered guilty, based on the idea that their nervousness was to blame.#n ancient hina the suspect held a handful of rice in his or her  mouth during a prosecutor$s speech.Lcitation needed  'ecausesalivation was believed tocease at times of emotional anxiety, the person was considered guilty if by the end of that speech the rice was dry.

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/arly devices for lie detection include an 9HHD invention of esare ;ombroso used to measure changes in blood pressure for police cases, a 9@8Bdevice by :ittorio 'enussi used to measure breathing, and an abandoned project by &merican illiam Marston which used blood pressureand galvanic skin response to examine 5erman prisoners of war (=s). L7

0ir 6ames Macken2ie of 0cone, 0cotland invented an early lie detector or polygraph in the 9@88s. Mac4en2ie$s polygraph 1could be used to monitorthe cardiovascular  responses of his patients by taking their  pulse and blood pressure.LA >e had developed an early version of his device in the 9H@8s, but had 0ebastian 0haw, a ;ancashire watchmaker, improve it further. 1!his instrument used a clockwork mechanism for the paper-rolling and time-marker movements and it produced ink recordings of physiological functions that were easier to acuire and to interpret. #nterestingly, it has beenwritten that the modern polygraph is really a modification of r. Macken2ie$s clinical ink polygraph.1 LB

& device recording both blood pressure and galvanic skin response was invented in 9@99 by r. 3eginald &. ;arson of the <niversity of

alifornia and first applied in law enforcement work by the 'erkeley olice epartment under its nationally renowned police chief &ugust :ollmer .urther work on this device was done by ;eonarde 4eeler .LD

0everal devices similar to 4eeler$s polygraph version included the 'erkeley sychograph, a blood pressure-pulse-respiration recorder developed by. . ;ee in 9@AQLQ and the arrow 'ehavior 3esearch hotopolygraph, which was developed and intended solely for behavior researchexperiments.LQLO

Marston wrote a second paper on the concept in 9@9D, when finishing his undergraduate studies. >e entered >arvard ;aw 0chool and graduated in9@9H, re-publishing his earlier work in 9@9O.LH &ccording to their son, Marston$s wife, /li2abeth >olloway Marston, was also involved in thedevelopment of the systolic blood pressure test" 1&ccording to MarstonFs son, it was his mother /li2abeth, MarstonFs wife, who suggested to him that$hen she got mad or excited, her blood pressure seemed to climb$ (;amb, 7889). &lthough /li2abeth is not listed as MarstonFs collaborator in hisearly work, ;amb, Matte (9@@Q), and others refer directly and indirectly to /li2abethFs work on her husbandFs deception research. 0he also appears ina picture taken in his polygraph laboratory in the 9@78s (reproduced in Marston, 9@AH).1 L@L98 !he comic book character, onder oman, by illiamMarston (and influenced by /li2abeth MarstonL99L97) carries a magic lasso which was modelled upon the pneumograph (breathing monitor) test. L99L9A

Marston was the self-proclaimed Jfather of the polygraphK despite his predecessor$s contributions. Marston remained the device$s primary advocate,lobbying for its use in the courts. #n 9@AH he published a book,The 2ie Detector Test% wherein he documented the theory and use of the device. L9B #n9@AH he appeared in advertising by the 5illette company claiming that the polygraph showed 5illette ra2ors were better than the competition. L9DL9QL9O

& device which recorded muscular activity accompanying changes in blood pressure was developed in 9@BD by 6ohn /. 3eid, who claimed thatgreater accuracy could be obtained by making these recordings simultaneously with standard blood pressure-pulse-respiration recordings. LQL9H

edit) 3esting procedure

!he examples and perspective in this section may not represent a worldwide iew of the su/(ect. lease improve this article and discuss theissue on the talk page. <A(ril 56=6>

!oday, polygraph examiners use two types of instrumentation" analog and computeri2ed. #n the <nited 0tates, most examiners now

use computeri2ed instrumentation.

& typical polygraph test starts with a pre-test interview to gain some preliminary information which will later be used for 1control uestions1, or Z.!hen the tester will explain how the polygraph is supposed to work, emphasi2ing that it can detect lies and that it is important to answer truthfully.!hen a 1stim test1 is often conducted" the subject is asked to deliberately lie and then the tester reports that he was able to detect this lie. !hen theactual test starts. 0ome of the uestions asked are 1irrelevant1 or #3 (1#s your name hris ro2d2I1), others are 1probable-lie1 control uestions thatmost people will lie about (1>ave you ever stolen moneyI1) and the remainder are the 1relevant uestions1, or 3Z, that the tester is really interestedin. !he different types of uestions alternate. !he test is passed if the physiological responses during the probable-lie control uestions (Z) arelarger than those during the relevant uestions (3Z). #f this is not the case, the tester attempts to elicit admissions during a post-test interview, forexample, 1?our situation will only get worse if we don$t clear this up1.L9@L78

riticisms have been given regarding the validity of the administration of the omparative Zuestions test (Z!). !he Z! may be vulnerable to being conducted in an interrogation-like fashion. !his kind of interrogation style would elicit a nervous response from innocent and guilty suspectsalike. !here are several other ways of administrating the uestions.

&n alternative is the 5uilty 4nowledge test (54!), or the oncealed #nformation !est (#!). !he administration of this test is given to prevent potential errors that may arise from the uestioning style. !he test is usually conducted by a tester with no knowledge of the crime or circumstancesin uestion. !he administrator tests the participant on their knowledge of the crime that would not be known to an innocent person. or example"1as the crime committed with a .BD or a @ mmI1 !he uestions are in multiple choice and the participant is rated on how they react to the correctanswer. #f they react strongly to the guilty information, then proponents of the test believe that it is likely that they know facts relevant to the case.!his administration is considered more valid by supporters of the test because it contains many safeguards to avoid the risk of the administratorinfluencing the results.L79

edit) 4alidit!

olygraphy has little credibility among scientists.L77L7A espite claims of @8-@DR validity by polygraph advocates, and @D-988R by businesses providing polygraph servicesL7B, critics maintain that rather than a 1test1, the method amounts to an inherentlyunstandardi2able interrogation techniue whose accuracy cannot be established. & 9@@O survey of B79 psychologists estimated the test$s averageaccuracy at about Q9R, a little better than chance.L7D ritics also argue that even given high estimates of the polygraph$s accuracy a significant

number of subjects (e.g. 98R given a @8R accuracy) will appear to be lying, and would unfairly suffer the conseuences of 1failing1 the polygraph.#n the 9@@H 0upreme ourt case, ?nited $tates ). $cheer , the majority stated that 1!here is simply no consensus that polygraph evidence is reliable1and 1<nlike other expert witnesses who testify about factual matters outside the jurors$ knowledge, such as the analysis of fingerprints, ballistics, or*& found at a crime scene, a polygraph expert can supply the jury only with another opinion...1L7Q &lso, in 788D the 99th ircuit ourt of &ppealsstated that Jpolygraphy did not enjoy general acceptance from the scientific communityK. L7O harles >onts, a psychology professor at 'oise 0tate<niversity, states that polygraph interrogations give a high rate of false positives on innocent people. L7H #n 7889 illiam 5. #acono, istinguishedMc4night <niversity rofessor of sychology and *euroscience and irector, linical 0cience and sychopathology 3esearch !raining rogram atthe <niversity of Minnesota, published a paper titled Jorensic J;ie etection1" rocedures ithout 0cientific 'asisK in the peer reviewed @ournal

o Forensic sycholo*y ractice. >e concluded that

&lthough the Z! Lontrol Zuestion !est may be useful as an investigative aid and tool to induce confessions, it does not pass muster as ascientifically credible test. Z! theory is based on naive, implausible assumptions indicating (a) that it is biased against innocent individuals and (b)that it can be beaten simply by artificially augmenting responses to control uestions. &lthough it is not possible to adeuately assess the error rate ofthe Z!, both of these conclusions are supported by published research findings in the best social science journals (>onts et al., 9@@BN >orvath,

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9@OON 4leinmunt2 + 02ucko, 9@HBN atrick + #acono, 9@@9). &lthough defense attorneys often attempt to have the results of friendly Z!s admittedas evidence in court, there is no evidence supporting their validity and ample reason to doubt it. Members of scientific organi2ations who have thereuisite background to evaluate the Z! are overwhelmingly skeptical of the claims made by polygraph proponents.  L7@

0ummari2ing the consensus in psychological research, professor avid . Martin, h, from *orth arolina 0tate <niversity, states that people havetried to use the polygraph for measuring human emotions, but there is simply no royal road to (measuring) human emotions. LA8 !herefore, since onecannot reliably measure human emotions (especially when one has an interest in hiding his%her emotions), the idea of valid detection of truth orfalsehood through measuring respiratory rate, blood volume, pulse rate and galvanic skin response is a mere pretense. 0ince psychologists cannotascertain what emotions one has,LA9 polygraph professionals are not able to do that either.

olygraphy has also been faulted for failing to trap known spies such as double-agent &ldrich &mes, who passed two polygraph tests while spying

for the 0oviet <nion.L7HLA7

 =ther spies who passed the polygraph include 4arl 4oecher ,LAA

 &na 'elen Montes,LAB

 and ;eandro &ragoncillo.LAD >owever, #& spy >arold 6ames *icholson failed his polygraph examinations, which aroused suspicions that led to his eventual arrest.LAQ olygraph examination and background checks failed to detect *ada *adim routy, who was not a spy but was convicted for improperlyobtaining <0 citi2enship and using it to obtain a restricted position at the '#.LAO

!he polygraph also failed to catch 5ary 3idgway, the 15reen 3iver 4iller1. 3idgway passed a polygraph in 9@HB and confessed almost 78 years later when confronted with *& evidence.LAH

onversely, innocent people have been known to fail polygraph tests. #n ichita, 4ansas in 9@HQ, after failing two polygraph tests (one policeadministered, the other given by an expert that he had hired), 'ill egerle had to live under a cloud of suspicion of murdering his wife :ickiegerle, even though he was neither arrested nor convicted of her death. #n March 788B, a letter was sent to !he ichita /agle reporter >urst;aviana that contained :icki$s drivers license and what first appeared to be crime scene photographs of her body. !he photos had actually been taken by her true murderer, '!4 ,LA@ the serial killer that had plagued the people of ichita since 9@OB and had recently resurfaced in ebruary 788B afteran apparent 7D year period of dormancy (he had actually killed three women between 9@HD and 9@@9, including egerle). !hat effectively cleared'ill egerle of the murder of his wife. #n 788D conclusive *& evidence including *& retrieved from under the fingernails of :icki egerle,demonstrated that the '!4 4iller was ennis 3ader LB8

rolonged polygraph examinations are sometimes used as a tool by which confessions are extracted from a defendant, as in the case of  3ichardMiller , who was persuaded to confess largely by polygraph results combined with appeals from a religious leader.LB9

;aw enforcement agencies and intelligence agencies in the <nited 0tates are by far the biggest users of polygraph technology. #n the <nited 0tatesalone all federal law enforcement agencies either employ their own polygraph examiners or use the services of examiners employed in otheragencies.LB7 !his is despite persistent claims of unreliability. or example in 9@OH 3ichard >elms, the Hth irector of entral #ntelligence, stated that"1e discovered there were some /astern /uropeans who could defeat the polygraph at any time. &mericans are not very good at it, because we areraised to tell the truth and when we lie it is easy to tell are lying. 'ut we find a lot of /uropeans and &siatics can handle that polygraph without a blip,and you know they are lying and you have evidence that they are lying.1 LBA

edit) Countermeasures

0everal countermeasures designed to pass polygraph tests have been described. &sked how he passed the polygraph test, &mes explained that hesought advice from his 0oviet handler and received the simple instruction to" 15et a good night$s sleep, and rest, and go into the test rested andrelaxed. 'e nice to the polygraph examiner, develop a rapport, and be cooperative and try to maintain your calm.1 LBB

=ther suggestions for countermeasures include for the subject to mentally record the control and relevant uestions as the examiner reviews them prior to commencing the interrogation. =nce the interrogation begins, the subject is then supposed to carefully control their   breathing during therelevant uestions, and to try to artificially increase their  heart rate during the control uestions, such as by thinking of something scary or exciting or  by pricking themselves with a pointed object concealed somewhere on their body. #n this way the results will not show a significant reaction to any of the relevant uestions.LBDLBQ

edit) 5667 *ational .cadem! o Sciences report

!he accuracy of the polygraph has been contested almost since the introduction of the device. #n 788A, the  *ational &cademy of 0ciences (*&0)issued a report entitled 1!he olygraph and ;ie etection1. !he *&0 found that the majority of polygraph research was 1<nreliable, <nscientific and

'iased1, concluding that DO of the approximately H8 research studies that the && relies on to come to their conclusions were significantly flawed.!hese studies concluded that a polygraph test regarding a specific incident can discern the truth at 1a level greater than chance, yet short of perfection1though *&0 did restrict almost all of its conclusions to polygraph usage for 1security screening1 purposes. #t did not focus on forensicapplications, polygraph testing commonly plays a role in helping to resolve criminal investigations.. !he report also concluded that this level ofaccuracy was overstated and the levels of accuracy shown in these studies 1are almost certainly higher than actual polygraph accuracy of specific-incident testing in the field.1LBO

hen polygraphs are used as a screening tool (in national security matters and for law enforcement agencies for example) the level of accuracy dropsto such a level that 1#ts accuracy in distinguishing actual or potential security violators from innocent test takers is insufficient to justify reliance onits use in employee security screening in federal agencies.1 #n fact, the *&0 extrapolated that if the test were sensitive enough to detect H8R of spies(a level of accuracy which it did not assume), this would hardly be sufficient anyway. ;et us take for example a hypothetical polygraph screening of a body of 98,888 employees among which are 98 spies. ith an H8R success rate, the polygraph test would show that H spies and 9,@@7 non-spies failthe test. !hus, roughly @@.Q percent of positives (those failing the test) would be alse positives. !he *&0 concluded that the polygraph 1...may havesome utility1LBO but that there is 1little basis for the expectation that a polygraph test could have extremely high accuracy.1 LBH

!he *&0 conclusions paralleled those of the earlier <nited 0tates ongress =ffice of !echnology &ssessment report 10cientific :alidity of olygraph!esting" & 3esearch 3eview and /valuationK. LB@

edit) .dmissibilit! o pol!graphs in court

edit) +nited States

#n 788OLupdate, polygraph testimony was admitted by stipulation in 9@ states, and was subject to the discretion of the trial judge in federal court. !heuse of polygraph in court testimony remains controversial, although it is used extensively in post-conviction supervision, particularly of sexoffenders. #n Dau!ert ). Merrell Dow harmaceuticals (9@@A),LD8 the old rye standard was lifted and all forensic evidence, including polygraph, hadto meet the new aubert standard in which 1underlying reasoning or methodology is scientifically valid and properly can be applied to the facts atissue.1 hile polygraph tests are commonly used in police investigations in the <0, no defendant or witness can be forced to undergo the test.#n ?nited $tates ). $cheer  (9@@H),LD9 the <.0. 0upreme ourt left it up to individual jurisdictions whether polygraph results could be admitted asevidence in court cases. *evertheless, it is used extensively by prosecutors, defense attorneys, and law enforcement agencies. #n the 0tates

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of Massachusetts, Maryland, *ew 6ersey, elaware and #owa it is illegal for any employer to order a polygraph either as conditions to gainemployment, or if an employee has been suspected of wrongdoing. !he /mployee olygraph rotection &ctof 9@HH (/&) generally preventsemployers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. LD7

#n the <nited 0tates, the 0tate of *ew Mexico admits polygraph testing in front of juries under certain circumstances. #n many other states, polygraphexaminers are permitted to testify in front of judges in various types of hearings (Motion to 3evoke robation, Motion to &djudicate 5uilt).

#n 788O, in Ohio ). $harma, an =hio trial court overruled the objections of a prosecutor and allowed a polygraph examiner to testify regarding aspecific issue criminal examination. !he court took the position that the prosecutors regularly used a polygraph examiner to conduct criminal testsagainst defendants, but only objected to the examiner$s testimony when the results contradicted what they hoped to achieve. LDA r. ;ouis 3ovner LH,a polygraph expert from alifornia, tested the defendant and testified as an expert witness both at a pretrial admissibility hearing and at trial. !he

defendant, who had been charged with sexual battery, was acuitted.LDB

edit) 8urope

#n most /uropean jurisdictions, polygraphs are not considered reliable evidence and are not generally used by police forces. >owever, in any lawsuit,an involved party can order a psychologist to write an opinion based on polygraph results to substantiate the credibility of its claims. !he party must bear the expense themselves, and the court weighs the opinion like any other opinion the party has ordered. ourts themselves do not order or pay for  polygraph tests. #n most cases, polygraph tests are voluntarily taken by a defendant in order to substantiate his or her claims.

edit) Canada

#n anada, the polygraph is regularly used as a forensic tool in the investigation of criminal acts and sometimes employed in the screening ofemployees for government organi2ations. #n the 9@HO decision of  ;. ). Bland , the 0upreme ourt of anada rejected the use of polygraph results asevidence in court. !his decision did not however affect the use of the polygraph in criminal investigations. !he polygraph continues to be used as an

investigative tool.

edit) .ustralia

!he >igh ourt of &ustralia has not yet considered the admissibility of polygraph evidence. >owever, the  *ew 0outh ales istrict ourt rejectedthe use of the device in a criminal trial. #n ;aymond "eor*e Murray 9@H7 O& rim 3BH 0inclair 6 refused to admit polygraph evidence tending tosupport the defence. >is orship rejected the evidence because

1.  The veracity of the accused and the weight to be given to his evidence, and other witnesses called in the trial, was amatter for the jury.

2.  The polygraph "expert" sought to express an opinion as to ultimate facts in issue, which is peculiarly the province ofthe jury.

3.  The test purported to be expert evidence by the witness who was not qualied as an expert, he was merely anoperator and assessor of a polygraph. The scientic premise upon which his assessment was based had not beenproved in any Court in ustralia.

4. !evoid of any proved or accepted scientic basis, the evidence of the operator is hearsay which is inadmissible.

!he ourt cited, with approval, the anadian case of  hillion ) ; 9@OH 903 9H.

edit) -srael

!he >igh ourt of #srael, in ivil &ppeal DD9%H@ (Menora #nsurance :s. 6acob 0dovnik), ruled that as the polygraph has not been recogni2ed as areliable device, polygraph results are inadmissible as evidence in acivil trial. #n other decisions, polygraph results were ruled inadmissible in criminaltrials. >owever, some insurance companies attempt to include a clause in insurance contracts, in which the beneficiary agrees that polygraph results be admissible as evidence. #n such cases, where the beneficiary has willingly agreed to such a clause, signed the contract, and taken the test, thecourts will honor the contract, and take the polygraph results into consideration. #nterestingly, it is common practice for lawyers to advise people whosigned such contracts to refuse to take the test. epending on whether or not the beneficiary signed an agreements clause, and whether the test wasalready taken or not, such a refusal usually has no ill effectsN at worst, the court will simply order the person to take the test as agreed. &t best, thecourt will cancel the clause and release the person from taking the test, or rule the evidence inadmissible.

edit) -ndia

3ecently an #ndian court adopted the brain electrical oscillations signature test as evidence to convict a woman, who was accused of murdering herfiance. #t is the first time that the result of polygraph was used as evidence in court. LDD =n May Dth, 7898, !he 0upreme ourt of #ndia declared useof narcoanalysis,  brain mapping and polygraph tests on suspects as illegal and as against constitution.LDQ

edit) +se #ith espionage and securit! clearances

!he examples and perspective in this section may not represent a worldwide iew of the su/(ect. lease improve this article and discuss theissue on the talk page. <A(ril 56=6>

#n the &merican military and intelligence communities, polygraphs have been administered both as terms of ualifying for a security clearance and as part of a periodic reinvestigation to retain a clearance. !here is no uniform standard for whether the polygraph is needed, as some methods ofadjudication do not demand a successful polygraph test to earn a clearance. =ther agencies, particularly certain military units, actually prohibit polygraph testing on their members.

#t is difficult to precisely determine the effectiveness of polygraph results for the detection or deterrence of spying. ailure of a polygraph test couldcause revocation of a security clearance, but it is inadmissible evidence in most federal courts and military courts martial. !he polygraph is moreoften used as a deterrent to espionage rather than detection. =ne exception to this was the case of >arold 6ames *icholson, a #& employee laterconvicted of spying for 3ussia. #n 9@@D, *icholson had undergone his periodic five year reinvestigation where he showed a strong probability ofdeception on uestions regarding relationships with a foreign intelligence unit. !his polygraph test later launched an investigation which resulted inhis eventual arrest and conviction. #n most cases, however, polygraphs are more of a tool to 1scare straight1 those who would considerespionage. 6onathan ollard was advised by his #sraeli handlers that he was to resign his job from &merican intelligence if he was ever told he wassubject to a polygraph test. ;ikewise,6ohn &nthony alker  was advised to by his handlers not to engage in espionage until he had been promoted tothe highest position for which a polygraph test was not reuired, to refuse promotion to higher positions for which polygraph tests were reuired, and

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to retire when promotion was mandated.LDO &s part of his  plea bargain agreement for his case of espionage for the 0oviet <nion, 3obert>anssen would be made to undergo a polygraph at any time as part of damage assessment. #n >anssen$s 7D-year career with the '#, not once was hemade to undergo a polygraph. >e later said that if he had been ordered to, he may have thought twice about espionage.

&lternatively, the use of polygraph testing, where it causes desperation over dismissal for past dishonesty, may encourage spying. orexample, /dward ;ee >oward was dismissed from the #& when, during a polygraph screening, he truthfully answered a series of uestionsadmitting to minor crimes such as petty theft and drug abuse. !he #& failed to see that the firing was an action that would logically anger >oward,and in retaliation for his perceived unjust punishment for minor offenses, he later sold his knowledge of #& operations to the 0oviet <nion.LDH

#t is also worth noting that polygraph tests may not deter espionage. rom 9@BD to the present, at least six &mericans had been committing espionagewhile they successfully passed polygraph tests. !wo of the most notable cases of two men who created a false negative result with the polygraphs

were ;arry u-!ai hin and &ldrich &mes. &mes was given two polygraph examinations while with the #&, the first in 9@HQ and the second in9@@9. !he #& reported that he passed both examinations after experiencing initial indications of deception. LD@ &ccording to a 0enate investigation,an '# review of the first examination concluded that the indications of deception were never resolved. LQ8 !he 0enate committee reported that thesecond examination, at a time when &mes was under suspicion, resulted in indications of deception and a retest a few days later with a differentexaminer. !he second examiner concluded that there were no further indications of deception. #n the #&$s analysis of the second exam, they werecritical of their own failure to convey to their examiner the existing suspicions that were not addressed in the examination.

#n &ugust 788H, the <0 efense #ntelligence &gency announced that it would subject each of its D,O88 prospective and current employees to a polygraph interrogation at least once annually.L7H

edit) 2and9held lie detector or +&S& militar!

& hand-held lie detector is being deployed by the <.0. epartment of efense according to a report in 788H by investigative reporter  'illedman of msnbc.com. !he reliminary redibility &ssessment 0creening 0ystem, or &00, captures less physiological information than a

 polygraph, and uses an algorithm, not the judgment of a polygraph examiner, to render a decision whether it believes the person is being deceptive ornot. !he device will be used first in &fghanistan by <.0. &rmy troops. !he epartment of efense orders limit its use to non-<.0. persons.LQ9

edit) +se #ith se/ oenders

0exual offenders are now routinely polygraphed in many states of the <nited 0tates and it is often a mandatory condition of   probation or   parole. #n!exas, a state appellate court has upheld the testing of sex offenders under community supervision and has also upheld written statements given bysex offenders if they have committed a further offense with new victims. !hese statements are then used when a motion is filed to revoke probationand the probationer may then be sentenced to prison for having violated his or her probation.

3egular polygraph testing is sometimes also used during the rehabilitation of convicted sex offenders. Zuestioning the offender specifically abouttheir inner thoughts, desires, and impulses is intended to give a general indication of their treatment progress and likelihood of future offenses.0imilarly, predatory or violent offenders at some facilities may also undergo testing for involuntary physical arousal when shown provocative imagesrelating to their past crimes. erhaps the most well-known example of this rehabilitation techniue is practiced at oalinga 0tate >ospital inalifornia.LQ7

& significant number of ederal appeals courts have upheld polygraph testing for ederal probationers as well. !he most recent decision was bythe 0econd ircuit ourt of &ppeals regarding a *ew ?ork sex offender.

!he <4 will soon allow compulsory polygraph tests for convicted sex offenders released on license.LQALQB

edit) "ol!graph! in popular culture

;ie detection has a long history in mythology and fairy talesN the polygraph has allowed modern fiction to use a device more easily seen as scientificand plausible. *otable instances of polygraph usage include uses in crime and espionage themed television shows and some daytime television talkshows, cartoons and films. !he most notable polygraph !: show is 2ie Detector , which first aired in the 9@D8s created and hosted by 3alph&ndrews. !hen in the 9@Q8s 3alph produced a series of specials hosted by Melvin 'elli, then in the 9@O8s hosted by 6ack &nderson. #n 9@@H !: producer Mark hillips with his Mark hillips hilms + !elephision put 2ie Detector  back on the air on the =[ *etworkCon that program r. /d5elb with host Marcia lark cleared Mark uhrman from the allegation that he 1planted the bloody glove.1 ;ater hillips produced  2ie Detector  as a

series for &[%#=*Csome of the guests included aula 6ones, 3everend aul rouch accuser ;onny ord, 'en 3owling, 6eff 5annon and 0wift'oat :et 0teve 5arner.

=[ has taken this one step further with their game show The Moment o Truth which pits people$s honesty against their own sense of modesty, propriety, etc. ontestants are given a polygraph test administered by a polygraph expert in a pre-screening session answering over D8 uestions.;ater they must sit in front of a studio audience including their friends + family for the televised portion of the show. !here they need only answer 79answers truthfully 1as determined by the polygraph1 to win GD88,888. !he uestions get more personal and%or more revealing as they advance. Most polygraph experts caution that the polygraph techniues used on Moment of !ruth do not conform to any known or accepted methods of polygraphy.Lcitation needed 

aytime talk shows, such as Maury ovich and 0teve ilkos, freuently use lie detectors to tell if someone is cheating on their significant other.

#n one  Mac"y)er  episode $0low eath$, Mac5yver assists the #ndian tribesmen by improvising a polygraph to weed out the crooked doctor. !his ismade possible by using an analog sphygmomanometer  to monitor blood pressure change, and an electronic alarm clock to detect sweat. !o test its

reliability, Mac5yver asked a passenger on the train a few $placebo$ uestions. !he culprit was only discovered when he was trying to hide his crime,thus his sweat triggered the alarm clock and blood pressure climbed up.

#n the movie Ocean's =, one of the characters beats a polygraph test by stepping on a tack when answering truthfully, which supposedly raises the polygraph$s readings for the truthful answers so they eual the deceptive ones.

#n the television series roit , there is a memorable seuence at the end of episode 1>ealing1 where the eponymous character, 6im rofit, manages tofool a polygraph. >e does that by putting a nail through the sole of his shoe and pushing it inside of his heel while answering every uestion in orderto even out the readings. !his scene is very graphic, especially for its time, 9@@Q. uring a voice over, rofit explains the theory behind the polygraphand the flaws he intends to exploit in it.

#n episode @A of the <0& popular science show Mythbusters, they attempted to fool the polygraph by using pain to try to increase the readings whenanswering truthfully (so the machine will supposedly interpret the truthful and non-truthful answers as the same.) !hey also attempted to fool the polygraph by thinking happy thoughts when lying and thinking stressful thoughts when telling the truth to try to confuse the machine. >owever,

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neither techniue was successful for a number of reasons. Michael Martin correctly identified each guilty and innocent subject. !he show also notedthe opinion that, when done properly, polygraphs are correct H8-@@R of the time.LQD

#n season O, episode D of enn + !eller$s 0howtime series 'ullshitP, it was claimed and appeared to have been demonstrated that polygraphs can beconfused or beaten by tightening up one$s anal sphincter . oug illiams, a former =klahoma ity police polygraph examiner, explained that manylarge arteries exist around the anal sphincter and that by tightening the muscles, the arteries will constrict, raising one$s blood pressure, andregistering a lie. #t was then demonstrated by having a woman hooked up to a polygraph, having her write a number from 9-98 on a piece of paper(she chose O), deny that she chose each number as asked by the examiner but tighten up her anal sphincter on the number O. oing this on the number O caused it to register as a lie, even though she was telling the truth. !his episode also touched on people who have lost their security clearances, andsubseuently their jobs, due to failing a polygraph even though they claimed to have told the complete and honest truth.

 

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2olygraph 2olicy

olygraph testing is widely used in the intelligence community to screen employees, to establish eligibility for access to classified intelligenceinformation, and for general counterintelligence purposes. #t is also used as a tool in the investigation of unauthori2ed disclosures of classifiedinformation and other offenses.

5rowing awareness of the limitations of polygraph testing, coupled with official efforts to expand its application, have produced a new degree ofcontroversy over this technology.

Court ;e$ects Legal Challenge to "ol!graph 3esting

, memorandum opinion in Croddy, et al, v. FBI, <ctober5, 566=

Dept o 8nerg! Counterintelligence "ol!graph "olic!

, Federal Register , September 5>, 566=& ?3he@uestion o #hether and to #hat e/tent D<8 should use the pol!graph as a tool or screeningindividuals or access to our most sensitive inormation is the latest maniestation o this perennial

struggle&?

+se o "ol!graph 8/aminations in the Department o Austice, DoA <Bce o -nspector General, September566=& ?-n this report, #e provide a detailed description o ho# pol!graphs are used throughout theDepartment&?

2earing on Department o 8nerg! "ol!graph "rogram6 September 5667 99 Senate 8nerg! and *atural ;esources Committee

• tatement of en. #ete !omenici, news release• tatement of $yle %. &clarrow, !eputy ecretary of %nergy

• tatement of tephen %. 'ienberg, Chair, ()C Committee on #olygraph

Department o Deense "ol!graph "rogram

• '* ++ nnual )eport to Congress• '* +- nnual )eport to Congress

• '* + nnual )eport to Congress

• '* - nnual )eport to Congress

• '* -/ nnual )eport to Congress

• '* -0 nnual )eport to Congress

"ol!graph Studies and ;elated Commentar!

•  The #olygraph 1s. (ational ecurity by lan #. 2elico3, &arch --, +4.•  Too 5ot of a #otato6 Citi7en oldier8s %ncounter 9ith the #olygraph by :eorge 9. &asch;e, + 'ebruary +4

• #olygraph <se by the !epartment of %nergy6 =ssues for Congress  >#!'?, @uly /, +A

•  The #olygraph and Bie !etection, report of a (ational cademy of ciences panel, ++.

•  The Bie ehind the Bie !etector by :eorge 9. &asch;e and :ino @. calabrini, +nd edition, &arch ++. scathingcritique of the polygraph and its application.

•  Teller on #olygraph, a letter from the late %dward Teller to the ecretary of %nergy, Dctober +0, -

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• 'ederal gency 1iews on the #otential pplication of "rain 'ingerprinting" >#!'?, <.. :eneral ccounting DEce,)eport (o. :DF+F++, Dctober +-.

• Better from ldrich mes on #olygraph Testing, written from llenwood federal penitentiary, (ovember +/, +>#!' 1ersion?.

• #olygraph Testing and the !D% (ational Baboratories by teven ftergood, Science, (ovember A, +. "TheCongressional requirement for polygraph testing of certain employees has arguably diminished both science andsecurity at the national labs."

• cientic 1alidity of #olygraph Testing6 )esearch )eview and %valuation, DEce of Technology ssessment, <..

Congress, (ovember -/A. n excellent critical study of polygraph techniques, applications, countermeasures, andmore.

• #olygraphs and ecurity, tudy by a ubpanel of andia8s enior cientists and %ngineers, andia (ationalBaboratories, Dctober +-, -. "9e believe that if polygraph testing is implemented by !D%, national security isli;ely to decrease."

• <nited tates v. che3er, upreme Court of the <nited tates, -/. "There is simply no way to ;now in a particularcase whether a polygraph examiner8s conclusion is accurate, because certain doubts and uncertainties plague eventhe best polygraph exams."

• Can 9e Trust Counterintelligence #olygraph TestsG by 1ance &acBaren, Polygraph, +, +. "Current polygraphscreening procedures ma;e a valuable contribution to the maintenance of national security."

• #sychophysiological !etection of !eception ccuracy )ates Dbtained <sing the Test for %spionage and abotage6 )eplication >-.A &, #!'?, !epartment of !efense #olygraph =nstitute )eport (o. !o!#=0F#F, -0. #rovidesbac;ground on one of the most widely used polygraph examination formats. ppendix = >%ye? explains in some detailhow the examiner conducts the T% polygraph examination from beginning to end. This information will be ofparticular interest to those facing polygraph screening.

•  @oint ecurity Commission )eport on the #olygraph, an excerpt from Redefning Security , -4, provides a cautiousendorsement of polygraph testing. stronger endorsement appears in a separatetatement of Commissionernthony . Bapham.

• tatement of teven ftergood on the #roposed !D% #olygraph #olicy , eptember ++, -. "=f it is imposed againstthe will of the a3ected employees, polygraph testing could actually damage the national security that it is intendedto protect."

• Critique of the (ew !D% #olygraph #olicy by @ames B. &unroe, Bos lamos, (ew &exico, !ecember -. Boslamos employee blasts the new !D% rule as "a fearful and Drwellian document."

•  The (orth merican #olygraph as %ntrails )eading6 ome 5ome Truths and #ractical dvice to #otential <sers and1ictims by @ohn @. 'uredy, !epartment of #sychology, <niversity of Toronto. s;eptical commentary and warningabout polygraph testing.

• Comparison of #sychophysiological !etection of !eception ccuracy )ates Dbtained <sing the Counterintelligencecope #olygraph and the Test for %spionage and abotage Huestion 'ormats, !epartment of !efense #olygraph=nstitute, @une -I. study of the accuracy rates for several polygraph exam formats, including the Test for%spionage and abotage >T%? to be used at the !epartment of %nergy.

• #sychophysiological !etection of !eception ccuracy )ates Dbtained <sing the Test for %spionage and abotage,!epartment of !efense #olygraph =nstitute, ugust -I. 'urther investigation of accuracy rates in the T%

polygraph exam.

• n ssessment of Bie !etection Capability >declassied version? by @esse Drlans;y, =nstitute for !efense nalyses, @uly -J4

"ol!graph 2earing

• "=ssues urrounding the <se of #olygraphs"enate Committee on the @udiciarypril +I, +-

o tatement of Chairman Drrin :. 5atch

o tatement of enator #atric; Beahy

o &i;e Capps, !eputy !irector for !evelopmental #rograms, !efense ecurity ervice, lexandria, 1

o !r. 9illiam =acono, #rofessor, !epartment of #sychology, <niversity of &innesota, &inneapolis, &(

o  @e3rey 5. mith, %sq., #artner, rnold K #orter, 9ashington, !.C.

o &ar; . 2aid, %sq., Bobel, (ovins K Ba&ont, 9ashington, !.C.

o )ichard $eifer, #resident, merican #olygraph ssociation, pop;a, 'B

o :eorge 9. &asch;e, nti#olygraph.org >submitted for the record?

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"ol!graph Legislation, ;ules and ;egulations

• !D% #roposed )ulema;ing on #olygraph #olicy, published in the 'ederal )egister, pril -4, +A.• !epartment of tate 'oreign 3airs &anual on #olygraph Testing, -+ '& +I-, #olygraph #olicy

• Counterintelligence #olygraph #rogram at !D%, section A-I4 of #ublic Baw -JFJI, the !efense uthori7ation ct for'* +. )equires polygraph testing of "covered persons" who have access to highFris; programs.

• !D% #olygraph %xamination )egulationL 'inal )ule, Federal Register , !ecember -0, -. "The regulation describesthe categories of individuals who will be eligible for polygraph testing and controls for the use of such testing and forprevention of unwarranted intrusion into the privacy of individuals."

• !D% Counterintelligence #olygraph =mplementation #lan, memorandum from %nergy ecretary )ichardson,!ecember -A, -. "This implementation plan identies the specic positions within the eight counterintelligencecategories that will be polygraphed."

• <se of #olygraph %xaminations, !D% (otice 40+.+, &arch -. "This (otice provides policy on the voluntary use ofpolygraph examinations by the !epartment of %nergy >!D%?, listing the circumstances under which theseexaminations may be used, establishing controls for their use and...."

• !o! !irective I+-.4/, !epartment of !efense #olygraph #rogram, !ecember +4, -/4.

• !o! !irective I+.A+, !epartment of !efense ecurity Countermeasures >C&? and #olygraph %ducation, Training,and #rogram upport, 'ebruary +J, -J.

• %mployee #olygraph #rotection ct of -//, + < Code, Chapter ++. This legislation prohibits most private sectoremployers from requiring their employees to submit to polygraph testing. :overnment employees and certaincontractors lac; equivalent protection.

<ld "ol!graph *e#s

• !omenici 9ants ( to 9eigh #olygraph enets to Bab ecurity , press release, @anuary +J, +-. "enator #ete!omenici today reiterated his concerns that polygraph tests mandated as a means of improving security at the%nergy !epartmentMs national laboratories may ultimately be counterproductive."

• (ational cademy egins )eview of #olygraph 1alidity, @anuary +- >o3site?. The -/ month review, which wasproposed by en. @e3 ingaman and funded by the !epartment of %nergy, will examine the controversial use ofpolygraph testing for personnel security screening. nd it "will include what is ;nown about the e3ect ofmedications, sleep deprivation, and illnesses on the physiological responses measured."

•  The Truth bout #olygraphsG by 1ernon Boeb, 9ashington #ost online, !ecember /, + >o3site?.

• !o! ee;s Contractors for #olygraph 1alidity tudy, Commerce usiness !aily, !ecember J, + >o3site?. "Theobjective is to test up to - volunteers over a two month period. The goal of this project is to manipulatevolunteers into telling specic lies during polygraph examination to test the accuracy of the polygraph examinationprocedure."

• N/J, !D% tudy to %valuate #olygraphs by @ennifer &c$ee, Albuquerque Journal, !ecember I, +. "The!epartment of %nergy intends to sin; almost a million dollars into an upcoming study to determine FF once and for allFF how well widespread lie detector tests wor; in preventing espionage."

• !D% grees to 'und ingamanF<rged #olygraph 1alidity tudy, press release, !ecember 4, +. "The distinguishedscientists and engineers who wor; at andia and Bos lamos deserve to ;now whether polygraphs produce validresults and this study will help ma;e that determination."

• #olygraph Bawsuit 'iled, &arch -I, + >o3site?. #lainti3s, represented by &ar; . 2aid, challenge the use of thepolygraph by the '=, the !% and the ecret ervice. s a result of current policy, they argue, "innocent individualsare falsely labeled drug users, drug dealers, terrorists andOor spies without any reasonable opportunity to ever cleartheir name."

• !D% #olygraph =mplementation #lan nnounced, !D% press release, !ecember -A, -. "ecretary of %nergy ill)ichardson said he has signicantly reduced the number of employees a3ected so that approximately / federaland contractor employees will be subjected to the polygraph test."

• enate Calls for tudy of #olygraph 1alidity, an amendment introduced by en. @e3 ingaman, Dctober 0, -. "The(ational =nstitutes of 5ealth should enter into appropriate arrangements with the (ational cademy of ciences toconduct a comprehensive study and investigation into the scientic validity of polygraphy as a screening tool forfederal and federal contractor personnel."

• ingaman mendments on #olygraph, eptember A, -. Two proposed amendments o3ered by enatoringaman would assess the validity of polygraph testing for employee screening, and the potential use ofcountermeasures.

• Bawma;er 9ants !D% to bandon %xpanded #olygraph Testing at Babs  by $eith @. Costa, Inside the Pentagon,eptember A, -. Calling the %nergy !epartment8s plans to expand polygraph testing at the agency nuclear labs"overly broad," )ep. %llen Tauscher >!FC? calls for a moratorium on polygraph tests.

• )ep. %llen Tauscher Calls for &oratorium on %xpanded #olygraph Testing at (uclear Babs, letter to %nergy ecretary)ichardson, eptember +/, -. "= urge you to enact a complete moratorium on all polygraph tests until anacceptable, limited polygraph plan is developed and vetted."

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• )emar;s on #olygraph Testing by enator @e3 ingaman, eptember ++, -. "The proposed !D% rule onpolygraphs ... is not based on sound science and does not represent reasoned decision ma;ing, in my view."

• !D% BieFdetector Tests for %mployees Critici7ed by $aty aldarini, Government Eecutive, eptember ++, -.Critics "say a new policy requiring employees of the nation8s nuclear weapons complex to submit to lieFdetectortests is a misguided approach that could damage, rather than protect, national security."

• enate =ntel Committee Calls for "lternatives" to #olygraph Testing, enate )eport -JF4/, &ay - >excerpt?.":iven the potential unreliability of the polygraph system, the Committee believes that alternatives to the polygraphshould be explored."

Links

• elected Bin;s on #olygraph Testing

FS  4oernment Secrecy  Search  Join FS

http+IIwww.fas.orgIsgpIothergoIpolygraphIinde:.html

)aintained /y Steen ftergood

 

%ustodial Torture nd ,ts Remedies

J!orture is wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it. !orture isanguish suee2ing in your chest, cold as ice and heavy as a stone, paralysing as sleep and dark as the abyss. !orture is despair and fear and rage andhate. #t is a desire to kill and destroy including yourselfK.-&driana . 'artow

ustodial torture ranging from assault of various types to death by the police for extortion of confessions and imputation of evidence are notuncommon. 0uch a method of investigation and detection of a crime, in the backdrop of expanding idea of ShumaneF administration of criminal justice, not only disregards human rights of an individual and thereby undermines his dignity but also exposes him to unwarranted violence andtorture by those who are expected to SprotectF him.L9

#n #ndia where rule of law is inherent in each and every action and right to life and liberty is pri2ed fundamental right adorning highest place amongstall important fundamental rights, instances of torture and using third degree methods upon suspects during illegal detention and police remand casts a

slur on the very system of administration.L7 >uman rights take a back seat in this depressing scenario. !orture in custody is at present treated as aninevitable part of investigation. #nvestigators retain the wrong notion that if enough pressure is applied then the accused will confess.LA !he former 0upreme ourt judge, :.3. 4rishna #yer, has said that custodial torture is worse than terrorism because the authority of the 0tate is behind it.LB

#t is a paradox that torture continues to exist in #ndia. !his is because #ndia is a liberal democracy with very clearly articulated constitutional andstatutory provisions against torture that are constantly being developed and monitored by a strong and independent judiciary. !his raises the uestion"how does torture continue to persist in #ndiaILD

!he crudity of criminal investigation is often blamed on the crudity of resources" the lack of scientific euipment and professionally-trained personsto do the job properly. &lthough this is an element in the problem, it is not the central one. More important is the sheer impunity enjoyed by lawenforcers. !his impunity is allowed to flourish for want of laws criminalising and punishing custodial torture, and also due to corruption and thewanton degeneration of courts and other institutions for the maintenance of law in #ndia. here a torture victim must wait for years in hope that a judge may one day take up his%her case, while meanwhile the perpetrator is being promoted, the very concept of justice is undermined.

ustodial torture is universally held as one of the cruellest forms of human rights abuse. !he onstitution of #ndia, the 0upreme ourt, the *ational>uman 3ights ommission (*>3) and the <nited *ations forbid it. 'ut the police across the country defy these institutions. !herefore, there is aneed to strike a balance between the individual human rights and societal interests in combating crime by using a realistic approach.LQustodial !orture and eath-!he urrent 0tatus"

!he orld Medical &ssociation, in its !okyo eclaration, 9@OD, defined 1torture1LO as1the deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons, acting alone or on the orders of any authorityto force another person to yield information, to make a confession or for any other reason1.

ustodial torture, often known as extra-judicial executions has been on a rise in #ndia especially between 7887 and 788O. &ccording to &sian entrefor >uman 3ights, the nationwide figures are four custodial deaths per day.LH !here have been OBQH reported custodial deaths in this five year  period. >owever, the severity of the torture in #ndia is far worse than statistics suggest. !his is because victims rarely report cases against the policedue to fear of reprisals. More than half the cases of custodial torture are not even reported.L@

hile award of compensation in QHB cases of custodial violence was given by the *ational >uman 3ights ommission alone from 9@@B to 788O,conviction of only seven police personnel in 788B and 788D took place as against these overwhelming figures of custodial torture and subseuentdeaths. !his has led to a deep concern among the authorities.L98

!he explanations for torture can be broadly discussed under categories such as role of media, colonial origins, and institutional weaknesses. irstly,there is a strong sense that the media exaggerates the incidents of torture and creates a negative image of the police. 0econd, scholars contend that thecurrent police still suffer from the impact of their colonial origins as a repressive instrument of the police raj (rule). &s a result, the Jpolice mindset issteeped into colonial era when the police were supposed to treat every #ndian as an enemy of the state.KL99 !hird, there is constant pressure on the police from all uarters including politicians and bureaucrats to show instant results.L97 !he lack of adeuate facilities and personnel for investigation and the extremely high case load with an inefficient supervisory structure also hinders the ability of the police to produce the resultsreuired of them, prompting them to take short cuts.L9A #n addition, the lack of training in human rights is considered a primary reason why thirddegree torture continues to exist in #ndia.

or instance, the recent cases of custodial killings reported from the state of 5ujarat show a consistent and alarming pattern of tolerance of the use of torture by the government and promotion of it as if it is an essential element of law enforcement and investigation of crime. #n 5ujarat, the

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interrogation centres -- often torture chambers -- of the state police have been functioning in full public view. !he suspects are brought in, kept inillegal detention and tortured as part of uestioning and later killed and declared as killed in encounter. !his procedure is public knowledge, yet noone dares to challenge it. =fficers, right from the top are involved in this endeavour.

#n a proceeding in the 0upreme ourt regarding this, the state government admitted in court that it was aware of the existence of the interrogation andtorture centres. !he government also admitted that in several cases the officers might have also killed the witnesses of arrest and detention in order toavoid uestions at a later stage. !he 5ujarat experience, while being a shocking revelation of the state of policing in that state is also the proof thatthe public could be forced to silence, if the state so reuires, by imparting fear.

#nterrogation centers in #ndia are run in the cover of prevention of terrorist activities. #nterrogation centers are not limited to the state of 5ujarat. #nseveral other states like <ttar radesh, Madhya radesh, <ttaranchal, hhattisgarh, &ndhra radesh and 3ajasthan the state governments run similar 

centres. #n some states these centres are run in the name of anti-naxalite action.

#n the state of hhattisgarh for example, the naxalite and anti-naxalite activity has killed hundreds of innocent people. <se of brute force by the stateand non-state actors irreparably destroys the social fabric. 'esides promoting private armed groups, the state has also pressed into use uestionablelegislations like the hhattisgarh 0pecial ublic 0ecurity &ct, 788D. !his statute is so loosely worded that anyone could be charged for a crime in thislaw. Many accepted legal norms in criminal law like non-retroactivity is negated in this statute.

:iolence is used widely with impunity in the *orth-/astern states. !he state of Manipur in particular, is completely militarised. !he paramilitary andthe army detachments stationed in that state is notorious for the use of torture and violence as the only tool for investigation. ases reported fromManipur, are mostly involving the armed forces, the &ssam 3ifles in particular.

&dministrative neglect promoting the use of torture is misused by the police and other law enforcement agencies as an excuse for demanding bribeand for not doing their job according to the law. ontinuing neglect by the government has also considerably reduced the morale of the lawenforcement agencies. 3ather than being considered as an essential state service police and other law enforcement agencies are viewed as statesponsored terror agencies mostly filled with criminals.

Remedies gainst %ustodial Torture+

!here are two approaches with respect to the remedies provided for against custodial torture and subseuent death as well. !hese two approaches are X legal regime and judicial precedents. !hey can be explained as follows"

3egal Regime+

%onstitutional Safeguards+

#t has been held in a catena of judgements that just because a person is in police custody or detained or under arrest, does not deprive of him of his basic fundamental rights and its violation empowers the person to move the 0upreme ourt under &rticle A7 of theonstitution of #ndia.L9Betention does not deprive one of his fundamental rights.L9D !hey donFt flee the persons as he enters the prison although they may suffer shrinkagenecessitated by incarceration.L9Q >owever, the extent of shrinkage can and should never reach the stage of torture in custody of such a nature thatthe persons are reduced to a mere animal existence.

rticle >A of the %onstitution of ,ndia+

&rticle 78 primarily gives a person the rights against conviction of offences. !hese include the principle of non-retroactivity of penal laws (*ullumcrimen sine legeL9O) i.e. ex-post facto laws thereby making it a violation of the persons fundamental rights if attempts are made to convict him andtorture him as per some statute. &rticle 78 also protects against double jeopardy (*emo debet pro eadem causa bis vexariL9H). !his &rticle mostimportantly protects a person from self-incrimination. !he police subject a person to brutal and continuous torture to make him confess to a crimeeven if he has not committed the same.

rticle >< of the %onstitution of ,ndia+

!his article has been understood in the #ndian judiciary to protect the right to be free from torture. !his view is held because the right to life is morethan a simple right to live an animalistic existence.L9@ !he expression 1life or personal liberty1 in &rticle 79 includes a guarantee against torture andassault even by the 0tate and its functionaries to a person who is taken in custody and no sovereign immunity can be pleaded against the liability of the 0tate arising due to such criminal use of force over the captive person.L78

rticle >> of the %onstitution of ,ndia+

&rticle 77 provides four basic fundamental rights with respect to conviction. !hese include being informed of the grounds of arrest, to be defended by

a legal practitioner of his choice, preventive detention laws and production before the nearest Magistrate within 7B hours of arrest of the person.!hus, these provisions are designed to ensure that a person is not subjected to any ill-treatment that is devoid of statutory backing or surpasses prescribed excesses.

Other Statutory Safeguards+

,ndian !idence ct' <MN>+

& confession to police officer cannot be proved as against a person accused of any offence (0ec. 7D /vidence &ct) and confession caused by threatsfrom a person in authority in order to avoid any evil of a temporal nature would be irrelevant in criminal proceedings as, inter-alia, provided in 0ec.7B. !hus, even though custodial torture is not expressly prohibited by law in #ndia, the evidence collected by illegal means, including torture is notaccepted in courts.

%ode of %riminal 2rocedure' <=N@+

0ec. BQ and B@ of the ode protect those under custody from torture who are not accused of an offence punishable with death or imprisonment for lifeand also during escape. 0ec. D8-DQ are in consonance with &rticle 77. 0ec. DB of the ode is a provision that to a significant extent corresponds toany infliction of custodial torture and violence. &ccording to it, when an allegation of ill-treatment is made by a person in custody, the Magistrate isthen and there reuired to examine his body and shall place on record the result of his examination and reasons therefore.L79 #t gives them the rightto bring to the ourtFs notice any torture or assault they may have been subjected to and have themselves examined by a medical practitioner on their own reuest.L77 & compensatory mechanism has also been used by courts.L7A hen the Magistrate does not follow procedure with respect toentertaining complaint of custodial torture, it calls for interference by the >igh ourt under 0ec. BH7 of the ode.L7B

&nother significant provision with respect to custodial torture leading to deaths is 0ec. 9OQ of the ode where a compulsory magisterial inuiry is totake place on death of an accused caused in police custody. 0ections 9QO and A8@ of the ode have the object of bringing the accused persons beforethe court and so safeguard their rights and interests as the detention is under their authorisation.L7D

,ndian 2olice ct+

0ections O and 7@ of the &ct provide for dismissal, penalty or suspension of police officers who are negligent in the discharge of their duties or unfitto perform the same. !his can be seen in the light of the police officers violating various constitutional and statutory safeguards along with guidelinesgiven in .4 'asu v. 0tate of est 'engal.L7Q

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,ndian 2enal %ode 6,2%8' <MA+

&fter the controversial Mathura 3ape caseL7O, an amendment was brought about in 0ec. AOQ of the #. 0ec. AOQ(9)(b) penalises custodial rapecommitted by police officers. !his was a welcome change made to the section in uestion as it finally condemns the acts of police officers who takeadvantage of their authority.

0ections AA8, AA9, AB7 and ABH of the # have ostensibly been designed to deter a police officer, who is empowered to arrest a person and tointerrogate him during investigation of an offence from resorting to third degree methods causing StortureF.L7H6udicial recedents"

!he 0upreme ourt is heralded as a beacon of rights against torture. #ndeed, since the 9@@8s, the 0upreme ourt has come up with two innovativeways of dealing with custodial torture and custodial death cases namely, the right to compensation for custodial death and torture and the formulation

of custody jurisprudence.

!he case of 0heela 'arse v. 0tate of MaharashtraL7@ has provided for guidelines on rights of the arrested persons especially women. !he court in thiscase also emphasised on the need for Magistrates to inform all arrested persons of their rights. 5uidelines were also given by the 0upreme ourt in.4 'asu v. 0tate of est 'engal with respect to rights of arrested persons. !he most significant one being the arrestee should be subjected tomedical examination every BH hours during his detention by a doctor from the approved panel of doctors and copies of all prescribed documentsshould be sent to the concerned Magistrates. &lso, the arrestee may be permitted to meet his lawyer  during interrogation.

Other uthorities+

#t has been recommended in the 9OOth ;aw ommission 3eport by the 9Qth ;aw ommission that reuisite amendments should be brought about inthe ode of riminal rocedure making it the duty of the police officers in whose custody there are arrested persons that they should ensure their safety and holding them responsible for failure of the same. !hirty years hence, this amendment has still not been incorporated. !he presence of anadvocate during interrogation of the arrested person is also a recommendation that has been made. !he 9HDth ;aw ommission 3eport also makesrecommendation regarding rights of arrested persons with respect to the #ndian /vidence &ct, 9HO7 which are with respect to s. 7O. !he Malimathommittee 3eport has also emphasised on the need for codification of the rights of the arrested persons.LA8

espite the above, the abominable figures regarding custodial torture have still not improved. =ne very simple reason behind this could be that persons who are supposed to protect people are themselves the wrongdoers. !he criminal justice system in #ndia is supposed to use the reformistapproachN however, the approach is such that animals get better treatment.

%onclusion+

!he very ideas of a human being in custody save for protection and nurturing is an anathema to human existence. !he word custody impliesguardianship and protective care. /ven when applied to indicate arrest or incarceration, it does not carry any sinister symptoms of violence duringcustody.

#n a complaint of custodial torture, the court should not adopt a casual approach to it on the ground that it has been made by a habitual offender.LA9#t is a perennial problem of statecraft.LA7 #t therefore, becomes imperative to evolve a system of state governance that allows the police to effectivelymaintain law and order and to prevent and detect the commission of a crime without jeopardi2ing legal rightsN privileges and claims of laymen. 0ucha system obviously warrants appropriate control over the police in order to discourage them from exercising their power in a capricious manner.

0imilarly, an effective institutional grievance-redressal mechanism to vindicate Spolice excessesF is also the need of the hour.LAA&s held by the 0upreme ourt, 1custodial torture1 is a naked violation of human dignity and a degradation which destroys, to a very large extenthuman personality.

irst, custodial torture must be made a crime. !his could be brought in by way of a special law. 0econdly, many cases of custodial torture could be prevented if law-enforcing agencies followed the existing laws relating to arrest and detention. !he rules established by the 0upreme ourt--thoughnot a complete remedy--should be applied without failure. !hose who fail to comply must be prosecuted.

!hirdly, the public--and especially concerned professional groups, including rights groups and the media--must closely monitor police practices tosee that government promises are upheld. !he political opposition must also see to it that the irector 5eneral of olice submits a report to thelegislative assembly, and an investigative report, on every case of custodial death and torture.

ourthly, the central government should be urged to ratify the <* onvention against !orture and =ther ruel, #nhuman and egrading !reatment or unishment. !he government has failed to ratify the treaty on spurious grounds that existing laws are good enough to prevent custodial torture which

is evidently not the case. ere that the case, Q8 years after independence and despite numerous concerns and guidelines issued by courts all over #ndia, torture would not persist unabated as it does today.

 

M! E da!s o horror in the hands o .nti93error S@uad

=n the police custody of 0I days, = never forget the words of sstt. Commissioner of #olice late hri 1inod hatt, who

committed suicide in the second wee; of ugust. efore his suicide, during interrogation he told me that he was under

immense pressure from his senior oEcers to implicate us falsely in &umbai train blast case and he also promised that he

will try his best not to implicate all of you innocent people till he is alive.

The )illi 4aHette

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2u/lished Online+ Oct >@' >A<A

2rint ,ssue+ <-<D Octo/er >A<A

 *ere is the stor( o" Ehtesha +utu% in his o,n ,ords ho, he ,as detained and tortured "or t,o and hal" onths %( the Mu%ai -nti#erroris

 uad during the /11 %last inestigations. *e is resident o" 202$ a"i(a Manil$ Na(a Nagar$ Mira Road E$ 'istt. #hane$ Maharashtra

40110. *e is currentl( lodged in a Mu%ai jail ,here his address is: 6#1127/10$ 2/4 -nda &ell$ Mu%ai &entral )rison$ -rthur Road$

 Mu%ai. -ccording to an estiate around one thousand such Musli (ouths are currentl( lodged in Indian jails on ere sus!icion$ concocted

eidence ainl( con"essions e8tratcted through inhuan torture.

My name is /htesham Zutubudin 0iddiui, age" 7@ years, occupation" 'ook ublisher. # was born in <ttar radesh in a poor family. #n the year 9@@Q,# moved to Mumbai for further education. My residential address in Mumbai is 787, 0afiya Man2il, *aya *agar, Mira 3oad (/ast), !hane X B8998OMaharashtra. # completed my [## standard through Maharashtra ollege, 'elasis 3oad, Mumbai entral. # took admission in *arayan *agu atil

/ngineering ollege, in en. 3aigad through Mumbai <niversity in hemical /ngineering course in 9@@H. # used to stay in a hostel near the campus.>owever, during my vacation and holidays, # used to visit Mira 3oad which is my residential permanent address.

=n 7O 0eptember, 7889 while # was travelling from en to visit my house, on the way, # thought of visiting a library situated at eetwalaompound, 4urla (est) Mumbai, for reading some books. !hat evening around H"88 pm, some policemen came in the library and took me alongwith seven other people to 4urla olice 0tation. !hey did not tell me the reason for detention, and arrested me under section 98+9A of <nlawful&ctivities (revention) &ct 9@QO. !hey informed me that 0tudents #slamic Movement of #ndia has been declared as a banned organisation. !heyinformed me about the offence only after the arrest i.e. when they produced me before Magistrate of 4urla ourt. !he truth is that # was never associated with any organisation which is mentioned above. !he >onFble magistrate of 4urla court had released me on bail of 3s. A888. >owever the4urla police, instead of releasing me took me to the police station and put me inside the lock up and said that # have been arrested in another case of the same offence. 4urla police has framed me in false cases which # had nothing to do with, and they have spoilt my reputation in society. #n regardto second false case, the police took 9D-day custody. &fter 9D days, # was granted bail of 3s. H888 security. &s it was a conditional bail. # could notcontinue my studies which resulted in the end of engineering course. &fter that, # learned esktop ublishing on my ersonal omputer and started a! business from my house in Mira 3oad known as 15raphic oint1. #n March 788B, # started a publishing company known as 10hahadah

ublishing >ouse1 publishing #slamic literature and books on general knowledge. #n 6uly 788A, # had taken admission in ' 0c to complete mygraduation through #ndira 5andhi *ational =pen <niversity. 'ut due to my arrest and false implication in 99th 6uly 788Q, Mumbai serial train blastcase my whole career has gone for a toss.

ue to old record in 4urla police station, it had become a regular routine of detaining me. /very time or whenever any incident took place inMumbai, # was called by police for a formal interrogation. 'esides those two false cases registered by 4urla police,. # do not have any other criminalrecord as # was living a normal life in Mumbai.

=n 99 6uly, 788Q, serial bomb blasts took place on estern 3ailway during peak hours, that time # was at home. hen # learned about the blastat Mira 3oad, # went to the blast site to help the victims. # knew very well that police will come to me for formal enuiry like the regular policeroutine, that had been a trend since 7889. >ence senior police #nspector namely Murade of Mira 3oad police station came to my house on 9A 6uly,788Q in evening time and asked me to come to the police station on the next day. =n 9B 6uly, 788Q at 99"88 am, # went to Mira 3oad police station tomeet 0r. # Murade. >e uestioned me about my whereabouts and asked me for my phone number, which # gave him (7H99D8HB) and left the policestation. >e also told me that if reuired for further investigation # will be called.

Torture position <+ ;itting the ictim /y flour mill /elt on the inner part of hand' /uttock and feet a/out >AA times per spell leaing part

of hand and feet in /lue colour with strong pain during torture. Other /ody parts too were hit /y this /elt any part of /ody

=n 7B 6uly, 788Q, in the morning around 99"88 am, police sub-#nspector 0unil Mane of &nti-!errorism 0uad (&!0) unit-##, visited my houseand asked me to come at *agpada &!0 office, the same day before A"88 pm. !hat day # went to *agpada &!0 office at around 7"88 pm. # met 0#

0unil Mane and he told me that senior officials will interrogate me so they will take me to 'hoiwada &!0 office. <pon reaching 'hoiwada &!0office, 0# 0unil Mane took me to the second floor in lock up, where he called # :ilas 6oshi, # inesh &hir, 0# 0hailesh 5aekwad and other  beating me with belts and sticks and continued beating me till evening. ;ater they took me from 'hoiwada to *agpada handcuffed. !hey did notallow me to inform my parents or any of my relatives. hen # was taken from *agpada to 'hoiwada, before taking me inside the lock up, theyemptied my pockets during my physical search. !hey took away my mobile, &!M card, &* card and 3s. 7D.888 cash, which # was carrying off,with which # wanted to purchase a personal computer. 0# 0unil Mane only made entry of &!M card, &* card and mobile in panchnama. >owever they distributed the 3s. 7D888 cash among themselves. =n 7@ 6uly, 788Q, when 0# 0unil Mane was prepreparing  (anchnama, # noticed that he didnot mention the 3s. 7D.888 cash in the recovery. upon which # asked him about the money. # was surprised by his reply" 1!hool 3a !e tere (aiseC1(forget your money)

&nti-!errorism 0uad (&!0) detained me illegally from 7B 6uly, 788Q to 7@ 6uly, 788Q, as # was not produced before any Magistrate till 7@ 6uly,788Q. uring this period &!0 officers continued beating me for several hours everyday.

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&!0 officers had searched my house in my absence, as # was in their custody. !hey took all the books and literature which was publishedrecently into their custody. &!0 officers had taken all valuable things from house, which # saw in &!0 office and which included computer, printer,drill machine, tape recorder, 3s. 98.888 cash, blankets etc. &!0 officers chose two books namely @ihadi A1ar  and -slam 1i ;ooh9@ihad i $a!ilillah,which described basic fundamentals of  6ihad in #slam, and contains verses of ZurFan and saying of rophet Muhammad (pbuh), and does not containany inflammatory material and is easily available in the market. =n the basis of these two books they arrested me on 7@ 6uly, 788Q and produced me before &dditional hief Metropolitan Magistrate, 7nd ourt, Ma2gaon, Mumbai and took me on 9D days police custody u%s 98+9A of <nlawful&ctivities (revention) &ct 9@QO. # was surprised when charge sheet was filed and one book namely @ihad i sa!ilillah91yon added in recovery whichwas not at my house. # wanted to tell many things to magistrate about the torture and illegal detention but &!0 threatened me not to say anything tomagistrate or else they will torture me more severely using third degree torture methods, therefore # could not tell any thing to the magistrate.

 

Torture position >+ 4iing shock using an electric current machine /y making the ictim nude. They tie wire on thum/s of legs and

priate parts of /ody' then current is passed at regular interals.

&!0 officer took me to unit-## office and they started beating me, they never told me any thing why they had arrested me but kept beating me.hile torturing they used to say that too musalman hai isliye tere 1o mar rahe hain (?ou are Muslim therefore we are thrashing you) with every blowthey used to abuse my religion and said tere 1o yehan 1oi nahi !achaye*a (*o one will save you here). =n 8A &ugust, 788Q # was cruelly tortured by0# 0hailesh 5aekwad, 0# 0unil Mane and # :ilas 6oshi and asked me to accept the said crime of bomb blast in front of senior officials of &!0 because of the torture # agreed to do whatever the &!0 officers told me to do. &fter which they took me to &!0 head office, where &!0 hief 43aghuvanshi and *aval 'ajaj were seated in the office. !here in front of these senior officers # complained about the torture that 0# 0hailesh5aekwad, 0# 0unil Mane and # :ilas 6oshi had done, and # also told &!0 chief 4 3aghuvanshi, that # am innocent and they are trying to involveme in the blast case. 'ut to my surprise 4 3aghuvanshi slapped me and told the officers that this torture was not enough and asked them to take meto 'hoiwada and beat me black and blue. # completely lost faith in the senior-most officers as well as junior officers because this fraud of framinginnocent people was ordered by senior officers of &!0 including &!0 chief. !hat on next day i.e. on 8D &ugust, 788Q an officer namely # 0unileshmukh took me to handan howki at 6uhu where the officers conducted *arco analysis test which was illegal and without permission of court,and the officers from orensic 0cience ;aboratory, Mumbai were also present there. 'efore taking me to handan howki, # was taken for medicalcheck up at 4/M >ospital, where # had complained about the torture, the medical officer present there referred to get x-ray and gave somemedicines. >owever the medical reports were false and no report of torture was registered. &fter the illegal *arco test *aval 'ajaj told me that,# confirm that you are innocent and we will transfer you to judicial custody on 97 &ugust, 788Q. >owever the next day # was taken to *agpada unit-## by # inesh &hir, and upon reaching there he along with other officers tortured me and also gave electric shock on my private parts. &fter torturing

me for ten hours they left me back to 'hoiwada lock up.

 

Torture position @+ fter remoing clothes' the ictim is made to sit on floor with /oth hands tied /ehind /y ropeG thereafter /oth legs

are stretched in opposite direction making <MA deg. angle.

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=n 97 &ugust, 788Q, &!0 officers arrested me in Mumbai train serial blast case and took on police custody for two days. &!0 officers told methat # will be sent to 6udicial custody on 9B &ugust, 788Q. >owever on 9B &ugust, 788Q, they took police custody upto 7D &ugust, 788Q. =n the sameday # was taken to 4urla in :ijay 0alaskarFs anti-3obbery 0uad office which is also a torture room. !here the officers beat me with belt and stick and then they handcuffed me to the window and did not allow me to sleep and # remained standing whole night.!he same night ie. in the night of D@th anniversary of #ndependence day, horrifying torture were carried out by :ijay 0alaskarFs men on the family members of an accused namelyaisal 0haikh, who is under arrest in the Mumbai train serial blast case. !hese tortures are a great shame for nation as our country became#ndependent on the ideology of 1ahinsa1 propounded by father of nation Mahatma 5andhi. #n front of us :ijay 0alaskarFs men had removed the dressof OD year old aisalFs father and beat him with belt. !hey also insulted the modesty of woman by uncovering the face of wife of aisalFs brother,which was covered by veil.

=n 79 &ugust, 788Q, # :ilas 6oshi, &# 0urvey of *agpada unit took me to <jjain by train. !here &!0 officer showed me a hut 78 km away

from <jjain city. &fter that they told me that now you had attended a meeting held in 9st week of 6uly at the said place. # was stunned and surprised because they falsely implicated me in the said meeting. =n 7B &ugust, 788Q, # was taken back to 'hoiwada lock up.

=n 7D &ugust, 788Q, # was produced before >onFble 6udge of Ma2gaon ourt and &!0 again took me in police custody till 8H 0eptember, 788Qin another case of Mumbai serial train blast registered by &ndheri 3ailway olice 0tation. &!0 officers did not allow me to sleep for six consecutivedays. uring this period an officer from &hmadabad, 5ujarat namely 5 :an2ara also interrogated me and also abused and tortured me. >e said thatyou are in Mumbai that is why you are alive, if you were arrested in 5ujarat, # would have done your encounter. 5 :an2ara told *aval 'ajaj that thearrested accused are Muslims, therefore implicate them in the blast case to avoid public reaction and pressure from the government, and if reuiredshoot any of them and show that they were trying to escape from custody.

 

Torture position L+ Victim is tied to a chair so that he is una/le to moe his head in any directionG water is dropped slowly on his scalp

for hours causing ery strong pain in neck and head.

=n 8D 0eptember, 788Q, # was taken to &!0 >ead =ffice, where police commissioner &* 3oy, &!0 chief 4 3aghuvanshi, &dl. 04 6aisawal, 6aijeet 0ingh were present. >owever 6aijeet 0ingh and 04 6aisawal left the room. 4 3aghuvanshi told me that 1we are not able to find thereal culprits and were are planning to frame up the case because government is pressurising us to implicate the arrested accused and finish the case,and also told me that 1we will make you an approver in the case and you will be released after some months1. >e also offered me 3s. 7D lakhs for  becoming an approver. # refused and told him that # am innocent and there is no uestion of confessing the crime or turning into an approver. !he

next day # was taken to 'angalore to conduct 'rain mapping test, polygraph test and *arco analysis test. # 3aja Mandge and # rasad 4handekar took me along with them to 'angalore through 6et &irways. #n 'angalore # was taken to orensic 0cience ;aboratory, where brain mapping and polygraph test was conducted by r 0 Malini. *ext day # was taken to 'owring + ;ady ur2on >ospital for the *arco analysis test. &fter conductingthis test # was brought back to Mumbai on 8H 0eptember, 788Q. hile returning to Mumbai &# 0helke told me in the plane that the test confirmsthat # am innocent and will be released shortly. >owever &!0 officers produced me before the court and took me in police custody till 9B 0eptember,788Q, and arrested me in another case of Mumbai train serial blast registered by 'andra 3ailway olice 0tation. =n 98 0eptember, # was again takento 'angalore for another *arco analysis test. !he *arco test was conducted on 97 0eptember by r 0 Malini. uring the test, # was conscious andunderstood all the uestions asked by r 0 Malina and answer given by me. !he next day i.e. on 9A 0eptember, 788Q, # was brought to Mumbai byanother officer # rasad 4handekar and was taken to *agpada &!0 head office and produced before 4 3aghuvanshi who told me that # have takenlot of rest and now it is time to break your bones. #f you want to save yourself then do as directed and become an approver. # declined his offer sayingthat # am innocent and you all are trying to frame me in an offence which # have nothing to do with. !his infuriated him and he told to # !ajne totake me to 4alachowki police station and beat me till # obey them. # !ajne took me to 4alachowki police station, there officers including &dl. 6aijeet 0ingh, *aval 'ajaj, & 0adashiv ;axman atil # 3aja Mandge, !ajne, 4hanwilkar and other constables started beating me using thirddegree torture methods. uring the torture &!0 officer showed me an edited of the *arco test. hen # told them that the was edited, they

started beating me mercilessly and asked me to act according to their wish. !he series of tortur continued till 9H 0eptember, 788Q, and on the sameday # 4hanwilkar talked to me in private and said that he will reuest to the police commissioner &* 3oy for my judicial custody on 77 0eptember,788Q and after one month # will be discharged from this case. >owever, when # was produced in court on 77 0eptember, 788Q, # 4hanwilkar told methat the senior officers have planned to falsely implicate you people in this case, but also said that do not worry as &!0 have no proof of your involvement in this case and you will be discharged or acuitted from this case in about two years.

=n 7B 0eptember, 788Q, &!0 officers again took me to 'angalore for *arco analysis test and # understood that the freuency of conducting somany *arco test was only to convince the senior officials of the government. rom the *arco test &!0 officers wanted some specific word from theaccused persons which would incriminate them in this case and they wanted the *arco test video edited in a proper manner, which they did withthe help of r 0 Malini, who conducted the *arco test thrice on me and other co-accused persons. r 0 Malini is also involved along with the &!0officers in this fraud. =n 7O 0eptember, 788Q, # was brought back to Mumbai on 7H 0eptember, 788Q, # was produced before >onFble special judge0hri &bhay !hipsay in 0ewri 0ession ourt and &!0 took my police custody under Maharashtra ontrol of =rganised rime &ct 9@@@ till 8@=ctober, 788Q.

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=n 7@ 0eptember, 788Q, # was tortured continuously for five hours using third degree methods by 0# 0achin 4adam, later # was produced before police commissioner &* 3oy and &!0 chief 4 3aghuvanshi. 'oth the senior officers laughed at me and 4 3aghuvanshi told me that # have been implicated in the blast case and forget about #ndia being a democratic country. #ndia is a >indu rashtra and there is no place for Muslims in#ndia. Muslims in #ndia are only for jail and encounter. *ow the only way to protect yourself from long imprisonment is that you become an approver in this case. # refused to become an approver and told them that the method to save myself was that you people catch the real culprits and release theinnocent people. =n this &* 3oy told me that # have pressure from the home minister of #ndia and home minister of state, and we are unable to doanything besides framing the case on you people and fabricating evidence against you people because # have to answer my seniors also. &fter this &*3oy told me that tomorrow we are calling a press conference and you all will be famous as terrorists.

=n 8A =ctober, 788Q, *aval 'ajaj came to meet me in 'hoiwada lock up. >e was convincing me to sign on some blank paper and some paper with written material, but # did not sign on any of the papers. >e abused me and said that # was very stubborn and would not obey without

 being tortured. &fter that # was taken to 4alachowki police station for torture.

=n 8Q =ctober, 788Q, # !ajne produced me before attaray 4arale of 2one #:, where the asked my name and lodged me in Matunga5eneral lock up for 77 hours. uring this time # !ajne and &# eore tortured me in Matunga lock up and threatened me to sign on the papers givento me on next day. !hen next day # was taken to the office of attararay 4arale, where he forced me to sign on some papers, with writtenmaterial on it. # !ajne and &# eore were also present in Fs cabin. # did not sign the papers voluntarily but upon police pressure and threats #did. ;ater # was produced before chief metropolitan magistrate 00 0hirke. !he magistrate asked my name and date of first arrest in front of &!0officers. # did not understand what was going on, then # was sent back to 'hoiwada lock up. =n 8H =ctober, 788Q, one of the &!0 offices told me thatthe papers which # had signed was my confession, which # was not aware of till this &!0 officer informed me. =n 8@ =ctober, 788Q, # retracted my1confession1, which is false and fabricated, before >onFble special judge Mridulla 'hatkar, and on the same day # was remanded to judicial custody.

 

Torture position D+ Victim is tied upside down' /oth legs and hands also are tied /y rope' then water is poured into his nose at regular

interals for a/out one hour

#n the police custody of OD days, # never forgot the words of &sstt. ommissioner of olice late 0hri :inod 'hatt, who committed suicide in thesecond week of &ugust. 'efore his suicide, during interrogation he told me that he was under immense pressure from his senior officers to implicateus falsely in Mumbai train blast case and he also promised that he will try his best not to implicate all of you innocent people till he is alive.<nfortunately 0hri :inod 'hatt committed suicide under tremendous pressure.

#n the OD days long period, police custody, &!0 officers used third degree method for torture. !he third degree torture methods which were used by &!0 officers on me are as follows"

• T oEcers used belt, which is used in Pour mill, to beat us. They stri;e on the inner part of hand and feet about +times per spell leaving part of hand and feet in blue colour with strong pain during torture. fter beating the parts of handsand feet become swollen. &edical oEcer of $%& 5ospital supported T by not examining properly. T also used this beltto torture us also on any part of body, even on buttoc; also, due to this torture = cannot sit properly.

• T oEcers gave me shoc; using an electric current machine by ma;ing me nude. They used to tie wire on thumbs of legs and private parts of body. fter that they pass the current at regular intervals. T used this method of torture fourtimes on me during police custody.

• fter removing my clothes, = was made to sit down on Poor, both hands tied by rope behind the body, thereafter myboth legs stretched in opposite direction ma;ing -/ degree angle. This torture method was repeated many times. !uringthe period of custody they stretched my legs ve times.

• T oEcers tied me on a chair, which is ;ept very close to wall, they tied my head in a way that = cannot move my headanywhere in any direction. Then they dropped the water dropFby drop on my scalp upto eight hours. !ue to this torturevery strong pain occurred in nec; and head.

•  They used to tie me upside down >i.e. in reverse position? and my both legs and hands also tied by rope, then they usedto pour water in my nose at regular intervals about one hour, they used this technique of torture on me A times.

• T oEcers threatened me that my family members also will be arrested in this case or brought by T and they will bemolested, if = do not sign on confessional statement. They used the example of the family of my coFaccused 'aisal hai;h,who was molested by 1ijay alas;ar team in front of me.

• T oEcers, including senior oEcers of =# ran; police commissioner ( )oy and T chief $# )aghunvanshi had givenhuge amount of cash after release, and also given the inducement of settlement anywhere in the world. These oEcers alsopromised many times to discharge me from the case if = became an approver.

 -% Ehtesham utu!uddin $iddiui% solemnly airm that whate)er has !een stated here a!o)e is true and correct as (er my 1nowled*e and !elie.

This article a((eared in The Milli "aette (rint issue o =9= Octo!er 56=6 on (a*e no. G

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