Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM, our partner organization in West Bengal. It concerns the extra-judicial killing of a civilian at the hands of Police and Central Reserve Police Force (CRPF) Officers. This encounter was initiated by law enforcement officials in Darjeeling during Gorkhaland protests. It is crucial that the State take cognizance of this grave and persistent violation of human rights in the region. It must ensure that appropriate steps are taken to address the issues highlighted within this Urgent Appeal.
Case Narrative:
The AHRC has taken note of the reports received from Darjeeling in West Bengal, which is the site of protests for a separate Gorkhaland State. It is an area which is closely patrolled with a heavy Police presence, as well as a large number of CRPF Officers. The information contained herein has been provided by our partner organization, MASUM, which documents human rights violations against marginalized persons in West Bengal.
On the afternoon of 17 July 2017, Ashish Tamang went to Mirik, located about 40 minutes away from his home. He wanted to purchase grocery items as his family did not have food for the night and he had been informed of food being distributed there. Due to the protests taking place for a separate state of Gorkhaland, there is a heavy armed presence in the region and riots and several deaths have already occurred. About 3 pm., a peaceful protest against the detention of a Mirik resident was disrupted by the throwing of a stone into the crowd. Subsequent to this, the police fired tear gas and the mob broke up. For about two hours there was random firing by the CRPF and the local Police. Several injuries to life and property damage were sustained. A family of five managed to escape unhurt despite their home being hit by about 14 bullets. Witnesses allege hearing at least 36 rounds of gunshots. Tamang, who was caught up in the crowd, sought refuge in a nearby house, but was fatally struck by police gunfire at 8.30 pm. Two other persons injured in the gunfire were identified, but remain anonymous due to fear for their safety.
Tamang’s family was later informed of his death, and took his body to the Mirik Sub-Divisional Hospital for a Post-Mortem Examination (PME). They were turned away due to an alleged lack of facilities. However, the Hospital was directed by the Sub-Divisional Officer not to perform the PME. The family then went to the Sukhiapokhari Hospital. Again they were turned away. The PME was eventually performed by the North Bengal Medical College and Hospital at Siliguri. A complaint was lodged by Manoj Tamang, the brother of the deceased, in the Mirik Police Station the next day. The Station has not registered the complaint so far.
Background:
About 14 companies of CRPF have been posted to regulate protests in West Bengal, primarily in Darjeeling and Kalimpong. While not as notorious as the Border Security Force, CRPF personnel have been responsible for a significant number of deaths in Jammu & Kashmir and especially in areas where the Armed Forces (Special Powers) Act (AFSPA) is in force. In disputed territories, dissenting citizens are murdered with impunity while small crimes are disproportionately punished. A 2013 Commission, headed by Santosh Hegde, investigated a number of fake encounter cases. They concluded that all those before the Commission were instances of fake encounters. In areas which are generally not subject to excessive police presence, there are instances of individual fake encounters, such as the case of Ishrat Jahan. There has been only one instance of a successful prosecution against armed forces personnel for such killings, as the State usually must give sanction for the same.
Additional Information
Article 21 of the Constitution guarantees every person the right to “life and to personal dignity”. They cannot be deprived of this without Due Process of Law, as held by the Supreme Court (SC) in Selvi v. State of Karnataka (AIR 2010 SC 1974). In Tamang’s case, his Constitutional Rights have been violated, and his family must be paid compensation in accordance with the ruling in Extra Judicial Execution Victim Families Association v. UOI (Writ petition (Criminal) No. 129 of 2012). In addition, an investigation into Tamang’s death at the hands of armed forces personnel must take place. A FIR should be registered, as prescribed by the SC in Naga People’s Movement of Human Rights v. UOI ((1998) 2 SCC 578 (2)) in order to ensure impartiality in the investigation. The Central Bureau of Investigation, or another neutral Authority, must perform the same, rather than the local Police, as mandated by R.S. Sodhi v. State of Uttar Pradesh (1994 Supp 1 SCC 143).
The National Human Rights Commission (NHRC) had issued guidelines in 2003 on the issue of fake encounters. The prescribed the procedure to be followed in all cases relating to a death in the course of police action. Specifically, these involve turning over the case to the State Crime Investigation Department (State CID) to ensure impartiality, the registration of an FIR and the mandatory imposition of a magisterial inquiry.
International legal instruments including the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights both require States to ensure that individuals enjoy the rights to life, liberty and dignity. Additionally, the current tense situation is a result of protests for a separate Gorkhaland State. The demand for a Gorkhaland Sate must be peacefully addressed. It is a political demand and has sanctity under the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights. Hence, it must be dealt with through dialogue and negotiation, rather than through violent means.
Suggested Action
It is apparent that Tamang’s rights have been violated by CRPF Personnel and Police Officers, and they must be punished for this extra-judicial killinh. Please write letters to the necessary Authorities, urging them to take cognizance of this pressing issue and to take the appropriate steps necessary.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Sir/Madam,
India: Extra-judicial killing by security forces in Darjeeling during Gorkhaland agitations
Name of Victim: Ashish Tamang, aged 36 years;
Name of Alleged Perpetrators: Police Officers at Mirik Police Station; Various Central Reserve Police Forces (CRPF) Personnel
Place of Incident: Darjeeling, West Bengal
I write this letter to you on the basis of information received from MASUM, which documents human rights violations against marginalized persons in West Bengal. It concerns the death of Ashish Tamang, a civilian, at the hands of Police Officers/CRPF Personnel during an encounter provoked by CRPF.
On the afternoon of 17 July 2017, Ashish Tamang went to Mirik, located about 40 minutes from his home, to purchase grocery items as his family did not have food for the night. And he had been informed of food being distributed there. Due to protests taking place for a separate State of Gorkhaland, there is a heavy armed presence in the region and riota and several deaths have already occurred. At 3 pm. a peaceful protest against the detention of a Mirik resident was disrupted by the throwing of a stone into the crowd. Subsequent to this, the Police fired tear gas and the mob broke up. For two hours, there was random firing by the CRPF and the local Police. Several injuries to life and property damage were sustained. A family of five managed to escape unhurt despite their home being riddled by some 14 bullets. Witnesses allege hearing at least 36 rounds of gunshots. Tamang, who was caught up in the crowd, sought refuge in a nearby house, but was fatally struck by Police gunfire at 8.30 pm. Two other persons injured in the gunfire were identified, but remain anonymous due to fear for their safety.
Sometime later Tamang’s family was informed of his death, and they took his body to the Mirik Sub-Divisional Hospital for a Post-Mortem Examination (PME). They were turned away due to an alleged lack of facilities. The Hospital was directed by the Sub-Divisional Officer not to perform the PME. The family then went to the Sukhiapokhari Hospital, where they were again turned away. The PME was eventually carried out at the North Bengal Medical College and Hospital at Siliguri. A complaint was lodged by Manoj Tamang, the brother of the deceased, in the Mirik Police Station the next day. But the Station has not registered the complaint so far.
Article 21 of the Constitution guarantees every person the right to “life and to personal dignity”. They cannot be deprived of the same without due process of the Law, as held by the Supreme Court in Selvi v. State of Karnataka (AIR 2010 SC 1974). In Tamang’s case, his Constitutional rights have been violated. His family must be accorded compensation in accordance with the ruling in Extra-Judicial Execution Victim Families Association v. UO (Writ petition (Criminal) No. 129 of 2012). An investigation into Tamang’s death at the hands of armed forces personnel has to take place, according to the SC in Naga People’s Movement of Human Rights v. UOI ((1998) 2 SCC 578 (2). This ensures impartiality in the investigation. The Central Bureau of Investigation, or another neutral Authority, must perform the same, rather than local Police Authorities, as mandated by R.S. Sodhi v. State of Uttar Pradesh (1994 Supp 1 SCC 143).
The National Human Rights Commission (NHRC) had issued guidelines in 2003 on the subject of fake encounters. They prescribed the procedure to be followed in all cases relating to a death in the course of police action. Specifically, these involve three things: the turning over of the case to the State Crime Investigation Department to ensure impartiality, the registration of an FIR, the mandatory imposition of a magisterial inquiry. International Law requires States to ensure that individuals can enjoy the rights to life, liberty and dignity. Additionally, the UN Code of Conduct for Law Enforcement Officials prescribes a respect for human life, a restraint in the use of arms against civilians under Article 3 and a guideline on the use of lethal force by law enforcement personnel in self-defence under Article 6. However, India has not explicitly adopted these guidelines as a matter of policy.
Therefore, we hereby request you recommend an inquiry into the matter by a neutral Authority, preferably by the State CID. An FIR must be registered in the case, and the Police Officers who refused to register the complaint must be identified and duly penalized for this violation of the Law. The family of Ashish Tamang needs to receive financial compensation. Moreover, his family should be provided with necessary protection for their safety and security. The National Human Rights Commission should send a high-level Investigating Team to examine the overall breakdown of the human rights situation in Darjeeling and to scrutinize the excessive use of force by Police Officers and members of the CRPF. On a broader note, the guidelines laid down by the NHRC on Death Due to Police Actions must be strictly followed. India must ensure that it incorporates the guidelines into official policy on the use of lethal force and the conduct of law enforcement personnel contained within the UN Code of Conduct for Law Enforcement Officials.
Finally, the demand for a Gorkhaland State must be addressed. As a political demand it has sanctity under the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights. Hence, it ought to be dealt with through dialogue and negotiation, rather than through violent retaliation.
Sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Justice HL Dattu, Chairperson,
National Human Rights Commission
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA,
New Delhi- 110 023
Email: cr.nhrc@nic.in
2. Justice Girish Chandra Gupta, Chairperson
West Bengal Human Rights Commission
Purta Bhavan, 2nd Floor, Block – DF
Sector – I, Salt Lake City
Kolkata – 700 091
Ph:+91-33-23372655
Fax:+91-33-23372655
Email: hrcwb2013@gmail.com
3. Rajnath Singh
Minister of Home Affairs
Room no 104, North Block, Central Secretariat
New Delhi – 110001
Tel: +9111 23092462
Fax: +9111 23094221
Email: jscpg-mha@nic.in
4. Rajeev Rai Bhatnagar,
Directorate General
Central Reserve Police Force,
Block No.-1, C.G.O. Complex,
Lodhi Road, New Delhi-110 003,
Tel: +9111 2460971
Email: dg@crpf.gov.in
5. Kuldiep Singh
Special Director General of Police
Central Zones – Central Reserve Police Force
CRPF campus, HC block,
Sector-III, Salt Lake,
Kolkata – 700 106.
Phone : 033-23599005
Email: sdg@crpf.gov.in
6. Dr. Rajesh Kumar,
ADGP CID West Bengal
Bhabani Bhaban,
31 Belvedere Road,
Alipore, Kolkata -700 027
Phone: 033 24506100/74
Fax: 033 24506174
Email: occomp.cid-wb@gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
