Semmaram Encounter Killings Fact Finding Report2

Tamil Research Institution (TRI)
SUGGESTED DRAFT GUIDELINES TO BE FOLLOWED
BY PUBLIC SERVANTS
AFTER DEATHS IN POLICE ACTION
The need for fresh guidelines Detailed guidelines have been issued by the Supreme Court
[Annexure No 20] and by the National Human Rights Commission [Annexures Nos. 21, 22
& 23] on the steps that should be taken by the public servants concerned to investigate and
report on deaths at the hands of police, paramilitary and military personnel Experience has
shown that many of these guidelines are not fully followed, loopholes in some are being
exploited, and in a few areas, clear instructions do not yet exist. Hence we have decided to
make public a set of proposed guidelines that also fleshes out what may presently be
skeletal and further recommend that the NHRC considers them seriously and validates them
as their own after carefully scrutiny and intimates each of the states to strictly adhere to them
with immediate effect.
1.0 : SITE OF THE ENCOUNTER: DUTIES OF POLICEMEN INVOLVED
1.1 The police party involved in the encounter that leads to the deaths will treat the site as a
crime scene, to which members of the public will not be given access, and where
precautions will be taken to ensure that evidence is preserved, not compromised,
contaminated or destroyed. However this is not to prevent relevant National and State
Human Rights Institutions [N/SHRIs], the media or human rights organizations to have
access to the area respecting the preservation of evidence in the ‘crime scene’. It is only
such transparency as well as access to N/SHRIs, the media and human rights organizations
with adequate precaution that can also assist in the genuine gathering of evidence for any
independent enquiry into the alleged ‘police action’.
1.2 Using their mobile phones, if need be, the leading members of the police party are
mandated to take still and video shots of the site of the encounter and of the bodies in as
much detail as possible. The shots and videos so shot will be made over immediately to the
officer conducting the inquest at the place of the police action and no senior officer who was
engaged in the place of occurrence will be allowed to leave the place of action without
his/her personal and official mobile being handed over to the officer conducting the inquest.
1.3. If persons [police as well as citizens] with injuries have to be rushed to hospital for
urgent and immediate medical attention, these photographs and videotapes referred to
above must be taken before they are moved and then duly handed over to the inquest
officer. To obviate charges that they wilfully delayed getting the injured treatment, or that the
injured were not treated with care, the transfer to ambulances or other transport should also,
be duly videotaped indicating the vehicle number, the staff of the ambulance etc in the video.
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