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‘UN sees narco-analysis as torture’

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Teena Thacker

Posted: Jun 13, 2008 at 2216 hrs IST

New Delhi, June 12 What is narco-analysis?
Derived from “Narcosis”, this method means a sleep-like state of mind. The person under interrogation is said to share information more freely in this method.

Chemicals used
The subject is administered with Sodium Thiopental, Suxamethonium Chloride, Scopolamine, a barbiturate or even a cocktail of these drugs. The dose depends on the person’s sex, age, health and physical condition. The subject, in a state of hypnosis, cannot speak on his/her own but can answer specific but simple questions after giving some suggestions. “These drugs also called ‘truth serums’ and help in extracting the truth in the form of repressed feelings, thought or memory of a person,” says Dr Sudhir Gupta, associate professor, department of forensic medicine, the All India Institute of Medical Sciences.

How do the chemicals affect the brain?
The drugs are given through intravenous injections, which put the brain to sleep. Interfering with the nervous system at the molecular level lowers the subject’s inhibitions. In India, a team comprising an anaesthesiologist, a psychiatrist, a clinical/forensic psychologist, an audio-videographer and support staff carries out the test. Forensic psychologists prepare the report about the revelation, which are accompanied by the audio-video recordings. The revelations, if necessary, are verified through polygraph and brain mapping tests carried out upon the subject.

Can this method provide valid evidence?
Experts say the chances of the subject telling the 100 per cent truth are questionable. “Though these drugs disable the power of the brain to tell a lie, this inability is not 100 per cent. The brain has enough capacity to create lies. But it helps getting leads,” Dr Gupta says. Experts also say this differs from person to person — a determined person can lie even under the influence of drugs.

The ethical issues involved
“We don’t consider this method scientific. The police and other people involved have to ensure information is not extracted at the behest of the interrogator,” says Amar Jesani, founder and editorial board member of Indian Journal of Medical Ethics, and a well-known human rights and medical ethics activist.

Is the test ‘torture’?
“The test is a way of torturing the subject — a sophisticated method that is carried out without spilling blood. It meets all components of the UN’s definition of torture, which is that it produces physical/mental suffering, it is intentionally inflicted, it is intended for purposes such as getting information, confessions, etc and is inflicted by an official,” Jesani says. Gupta, however, says: “This test has been developed to protect human rights and is a humanitarian approach to interrogation. It is safe and absolutely harmless and does not affect the mental health of the subject.”

Legal status and admissibility in court
“There is no legal provision for narco-analysis. However, the National Human Rights Commission (NHRC) provided certain guidelines a few years ago, saying that police personnel cannot conduct the test as it violates the body since serums are induced. According to the NHRC, the consent of the person undergoing the narco-analysis has to be taken in front of a magistrate,” senior lawyer R K Naseem says. He adds the evidence compiled is not admissible, as the subjects don’t remain in their senses: “It isn’t a statement given with senses or responsibilities.”

Who gives permission for the test?
It is the magistrate who gives permission for this test.

Known cases where the test was used during investigation
The test was carried out in cases like the Telgi stamp paper case, the Nithari murders and on several terrorists. Jesani says: “The people accused of the Godhra incident are languishing in jail since 2002. If the test was valid, they would have received sentences by now.”

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