INDIA: Assam soldiers beat a family and illegally arrest a young man after accepting bribes

Dear friends, 

The Asian Human Rights Commission (AHRC) is extremely concerned for the welfare of a young man who was badly beaten along with his family, then abducted illegally by soldiers. A former employer who owes him money was seen directing his abduction. Although police were able to find him, intervene and provide medical treatment, they have still registered a clearly fabricated case against the victim. The young man is still in custody and there are strong fears for his safety. Extrajudicial killings by state agents are common in this part of India, and impunity remains a severe problem. 

CASE NARRATIVE: 

On 13 April 2010 Mr. Kalam Uddin Choudhury, known as Kala, was seen being illegally arrested by about 20 armed men from a nearby regiment in Labok, Cachar district, Assam. Kala is 22 and the son of a poor but well respected family in the district’s Makhon Nagar village. 

According to information received by the Barak Human Rights Protection Committee (BHRPC), Kala worked as a mason for a man in Imphal for about four months from November 2008 under a contract. His employer, Mr. Niam Uddin left town without paying him any of his wage and owing, according to Kala, approximately Rs. 26,000 (or US $550). When Kala next encountered Niam in Jiribam, a Manipur town bordering Assam on 9 April 2010 he demanded the wage and an argument broke out. Niam reportedly said that Kala would be taught a lesson. 

According to Kala’s father, Mr. Dolu Mia Choudhury, his family was woken at midnight four days later on 13 April by a large group of armed men. They searched the house and claimed to be from the police, though it was apparent that they were from the army. When Choudhury asked for a search warrant and why they were not accompanied by local police officers, or the president of the Gaon Panchayat (elected village level local government body, village counterpart of municipality) or the secretary of the Village Defence Party (VDP), the men reportedly told him to keep quiet, then beat and kicked him. He was tied to a pillar on the veranda and a handkerchief was put in his mouth. 

We are told that the officers assaulted the other members of the household and villagers when they tried to help. The soldiers vandalised the house and reportedly took two mobile phone handsets and other valuables. Army personnel stationed around the village stopped villagers as they tried to help the family, assaulting some of them. The VDP Secretary Mr. Abdul Hoque Choudhury and other VDP members, including Mr. Ajir Uddin, Mr. Nasir Uddin and Mr. Minhaj Uddin reportedly tried to intervene using their identity cards and badges (provided by the police) but these were confiscated and the men were beaten. 
Witnesses report that army personnel then accused Mr. Choudhury of illegally keeping a gun and ordered him to produce it. When he denied this he was beaten and kicked, and the house was searched again. One of the soldiers then called out for Monir Uddin and asked him to identify Kala. Uddin emerged and reportedly pointed at Kala, who was then driven away without explanation. Soldiers took the signatures of Mr. Choudhury on three blank pages before they left. 

A group of villagers led by Mr. Abdul Hoque Choudhury went to Jirighat Police Station, where they woke the Officer-in-Charge, Mr. Yasin Ali, and narrated the events of the evening. The officer made a few phone calls. In the morning with a few constables and villagers, he began to look for Kala in the army camps within the station’s jurisdiction. 

After extensive searching they were able to find Kala outside their jurisdiction. He was being illegally detained by the 11 Field Regiment at the Labok Army camp, which is under Lakhipur police station in Assam. They found him in bad physical condition and close to unconsciousness; he appeared to have been tortured. The Jirighat police were able to remove him from army custody and send him to the Jirighat New Primary Health Centre, where he was examined by medical officer, Dr. D. Das and taken back into police custody. The doctor failed to issue a medical certificate detailing Kala’s physical condition. 

After a few hours two soldiers from the 11 Field Regiment (N. K. Subeder and N. Shrivarman) came to the police station and tried to arrest Kala. They produced a letter bearing the letterhead of the People’s United Liberation Front (PULF), allegedly written by Kala demanding money from someone. Kala told police that he was forced to sign the paper at gunpoint. Despite this the police registered a case against him after the soldiers lodged a First Information Statement vide Jirighat Police Station case No. 12/2010 under Sections 120(B) and 384 of the Indian Penal Code, 1860 (IPC). The charges are for criminal conspiracy and extortion. 

The victim was produced before the local magistrate on 15 April and remanded to judicial custody. The magistrate, despite specific requirements in the Criminal Procedure Code, 1973, failed to question Kala about any complaints he may have regarding his conditions of detention or against the officers who arrested him. No investigation has been conducted into the illegal arrests, assault and vandalism carried out by the 11 Field Regiment 

ADDITIONAL INFORMATION: 

According to information gathered by the BHRPC, Monir Uddin has an ill-reputation for operating as an army informer, and for framing people in exchange for money. Community members have reported that it costs a few thousand rupees to have Monir arrange for the arrest or assault of a person by the soldiers from the local regiment, who are in turn bribed with gifts or money. This arrangement paints the local troops as little more than criminals for hire, and explains a large number of human rights violations being reported from army camps in these regions. Monir reportedly has also some serious criminal cases pending against him. Recently he was arrested by Silchar Sadar Police for serious criminal charges ranging from abduction, extortion and criminal intimidation. 

SUGGESTED ACTION: 

Please write to the authorities listed below asking them to intervene to ensure the swift and safe recovery of Kamal and the thorough investigation and prosecution of all those involved in his illegal arrest and torture, particularly those operating under the guise of state protection. An independent probe into the operations of regiments based in Assam and Manipur must be launched immediately.

The AHRC has written to the UN Working Group on Arbitrary Detention, informing them of this case.

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