INDIA: A 32 year old man severely tortured and killed by Kharagpur Police, West Bengal

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a person named Mr. Soumyendu Mondal was arrested from his house by the police from Kharagpur Police Station and was killed while in custody on 6-7 July 2004. It is reported that once the victim was killed while in custody the kharagpur police tried to burn the body of the victim and it was only due to the intervention of the local villagers that the police could not succeed in destroying the body. It is also reported that the Kharagpur police is threatening the victim’s family asking them to keep silent about the entire incident.

Torture at police stations is a daily affair in India. This case is yet another example of such violence. AHRC has reported several torture cases in India in this year. We urge the government of India to ratify the Convention Against Torture (CAT) without delay and legislate upon it.

Your urgent action is required to pressure the local authorities to conduct a prompt and thorough investigation into this case and punish the perpetrators. Please also ask the government of India to enforce strong policy to ensure immediate prohibition of torture in the country.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Soumyendu Mondal, aged 32 years
Address of the victim: Jagul Village, Arjuni Panchayat, Midnapur District, West Bengal, India
Alleged perpetrators: 1) Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and alleged main culprit of the incident 2) Several officers attached to the Kharagpur Police Station 3) Mr. Goel, the Superintendent of Police (S.P.), Midnapur
Date of incident: 6-7 July 2004
Place of incident: While the victim was in custody of the Kharagpur police from his house to the police station in Midnapur District, West Bengal, India

Case details:

The victim Mr. Soumyendu Mondal, aged 32 years of Jagul Village, Arjuni Panchayath under the jurisdiction of Debra Police Station in Midnapur District, West Bengal, India was arrested by police from Kharagpur Police Station at midnight of 6-7 July 2004. The police arrested the victim from his house while he was sleeping. When his wife, Pratima Mondal asked the police the reason of arrest they pushed Pratima and she fell down and suffered injuries. The Kharagpur police took Soumyendu in their jeep at about 2:30 a.m. Before leaving the house the police wrote in a paper that nothing was detected and/or seized from the house of Soumyendu, and also took signatures of Pratima and Pravaboti, the victim’s mother. According to Mr. Sukhendu Mondal, the victim’s elder brother, Soumyendu was brutally tortured in the police custody.

Subsequently on 8 July 2004, the police sent a message to the victim’s family through the Debra police and informed that Soumyendu died due to cardiac failure. Whereas the victim’s family alleges that Soumyendu died due to torture by the police. On the same day morning the Kharagpur police again came to the house of the victim in search of Mrs. Pratima. According to victim’s family members, the police are now trying to get rid of the case and for that reason they are in search of Mrs. Pratima to obtain her signature on blank papers to create documents at their convenience.

To cover up the reason for injuries on the body of Soumyendu, the police also have come up with an alternate story that he jumped out from the police jeep to flee away from police custody on 7 July 2004 while police took him along for a raid and out of that incident, he received injury on his body. Mr. Goel, the Superintendent of Police (S.P.), Midnapur, issued this statement. However the officer was silent why the victim was not produced before the local Magistrate Court after arrest, which is mandatory according to the legislations in India. It is alleged that the statement of the Superintendent of Police is a ruse to cover up the entire story so as to help the perpetrators.

Suspecting foul play, Soumyendu’s family has filed a complaint on 8 July 2004 at the local criminal court demanding inquiry into the custodial death of Soumyendu. Subsequently on 9 July 2004, the Kharagpur police attempted to burn the victim’s body, but the local villagers intervened and they preserved Soumyendu’s body under the soil for preserving the injury marks on his body. The authenticity of post-mortem report is also doubtful since the practice of conducting postmortem in West Bengal is in utter disregard to any acceptable standards and often the postmortem is conducted by persons who are appointed as helpers at the morgue. Also the postmortem reports are not made available to the victim’s family and it is easy for the police to get the report in their favor since the post-mortem is conducted at the instruction of the police.

On 14 July 2004, the S.P. Mr. Goel issued an order of transfer of Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and alleged main culprit of the incident. According to the order, Mr. Apurba Nag has been transferred to Police Line. The S.P. said, “there are allegations of negligence of duty against Mr. Nag, so he has been closed in Police Line.” However, the victim’s family and human rights groups criticized this act that the higher officers were trying to shield the perpetrators.

Custodial deaths are common in India and in this case there is ample evidence suggesting that Soumyendu’s death was due to police torture. Local witnesses say that several injuries were found all over the body of the victim. Contrary to the mandates of law, no memo of arrest was prepared at the time of arrest. The higher ups in the police are taking all steps to cover up the death and the reason for death so as to protect the perpetrators. It is also reported that the Kharagpur police is threatening the victim’s family asking them to keep silent about the entire incident.

This is only another case of such violence by the police reported from India. In fact, the courts in India have mentioned in many cases that torture by the police is widespread and it must be eliminated. The judgment by the Apex Court of India in the famous D.K Basu case clearly laid down rules and regulations that the police have to observe while they investigate a case. However, these orders have never been respected by the police.

This is the reason AHRC has been calling for the government of India to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and legislate upon it without any delay. The government of India should take strong and effective measures to stop torture in the country.

SUGGESTED ACTION:
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