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Delhi gang-rape accused were tortured by police, lawyer claims

The man accused of raping and murdering a 23-year-old physiotherapy student in Delhi last month were "tortured" by police after their arrests, their lawyer has claimed.

Mohan Lal Sharma, who represents three of the six men arrested two days after the incident, told the Guardian that all those on trial for the attack were "brutally assaulted" by police during interrogations following their detention.

Five men aged between 19 and 35 face a potential death sentence for their roles in the attack on 16 December, which led to widespread outrage and anger and provoked massive protests across India.

"They were beaten most brutally … They were forced to drink urine and from the toilet. They were sexually assaulted with sticks in their backside. Whatever statements they made were made under duress and are worthless," Sharma said.

A Delhi police spokesperson said he had no comment to make about the allegations.

Indian police face frequent accusations of abusing detainees and have been repeatedly criticised by human rights groups.

The men's claims will add a new dimension to the controversy surrounding the case, which has already attracted criticism of the police for failing to protect the victim. Legal experts have pointed out that the accused did not have legal representation during their interrogations.

The trial, held in a new fast-track court set up specifically to deal with rape and related offences, is due to open on Thursday and will be held behind closed doors after chaotic scenes in an earlier hearing.

A 17-year-old boy will be tried separately in a juvenile court.

The accused, who include a bus driver, a cleaner and a part-time gym instructor, are accused of luring the woman and a male friend on to a bus at 9pm. The pair were returning from watching a film. After being repeatedly assaulted, they were dumped on a roadside.

The woman, who has not been named in local media, died two weeks later on 28 December in a Singapore hospital from internal injuries sustained during the attack.

Sharma, the lawyer, said he had met his three clients in Delhi's Tihar high security jail, on Wednesday. "They will plead not guilty. They are innocent. They are mourning," he said.

Two of the defendants are reported to have said they want to be state witnesses. Police have said they would not accept the request, according to local media.

Amid an unprecedented debate over cultural attitudes to women, authorities, heavily criticised for their slow response to the incident, have proposed a range of measures aiming to make the country safer for women. These range from more CCTV cameras in city centres to "gender sensitisation" lessons for schoolchildren.

Continuing reports of other attacks on women around the country – few of which would have received much attention a month ago – underline the scale of the problem. Official data shows one rape is reported on average every 20 minutes in India.

A government panel is considering suggestions to make the death penalty mandatory for rape and introducing forms of chemical castration for the guilty. It is due to make its recommendations by 23 January.

(2013-01-10/guardian)

 
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