Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture of a man and the assault of and verbal abuse against a human rights defender by the Inspector-in-Charge (IC) of Serampore police station in West Bengal, India.
Mr Kirity Roy, the Secretary of our local partner MASUM, a local nongovernmental organisation in West Bengal, went to the Serampore police station, on prior appointment, on the morning of 18 January 2006. He was accompanied by Mr Alok Chakrabarty, who is the accused in a police case involving dowry death (case no. 143/2005 u/s 498A/304 of the Indian Penal Code). Mr Roy approached the police station and requested a copy of the post mortem report of Chandrika Chakrabarty, Mr Chakrabartys deceased wife. However, when he did this, Mr Roy was immediately confronted by the IC of the Serampore police station, Mr Sunil, who proceeded to physically assault and verbally abuse Mr Roy. When Mr Roy tried to escape this assault, Mr Sunil followed him down a passage way and once again pushed Mr Roy with force and used vulgar language against him. The IC said that the records would only be available through the courts as there is no law to give them to a third person. This being the case, the records could have been given to Mr Chakrabarty, but the IC did not suggest this.
When Mr Roy left the station briefly to report this incident to the AHRC, the IC then set upon Mr Chakrabarty by punching him over several parts of the body. He further threatened Mr Chakrabarty with death if he dared return to the Serampore police station and vowed to destroy both he and anyone who came to his aid. Mr Chakrabarty received injuries as a result of the assault against him. It has since been learned that the IC has lodged a diary no. 1110 dated 18 January 2006 over the incident. It is believed that he has done this to protect himself against his own misconduct in this incident.
The AHRC contacted the IC who denied that any such altercation took place. The Superintendent of Police was also contacted, and likewise denied that the IC assaulted or verbally abused Mr Roy. Though he admitted that an altercation had taken place, he said no further action was required. He did however say that the matter could be pursued further through him.
In no way was the IC at liberty to assault Mr Roy. Mr Roy was merely seeking records on behalf of Mr Chakrabarty. If the records were not to be made available to Mr Roy, then the IC need only have said this without using physical force or verbal abuse to remove Mr Roy from the premises. Likewise, but of greater importance, under no circumstances should the IC have tortured Mr Chakrabarty or made threats against his life and liberty. Such conduct by the IC speaks volumes to the manner in which police officers feel a sense of impunity from any misconduct or illegal action taken by them. Despite having persons around to witness this event, and despite taking physical action against a human rights defender who is highly likely to pursue the matter, the IC at the Serampore police station no doubt behaved in this manner believing that he would be safe from any disciplinary or legal action against him. Indeed, the denial of this incident by the Superintendent of Police only reinforces the ICs belief.
Owing to this, we ask that you write immediately to the relevant authorities and all embassies in India, seeking their intervention in having this incident properly investigated. If it is established that the IC did commit torture against Mr Chakrabarty, then legal action must be taken immediately against him. Further, the ICs conduct against Mr Roy must also be enquired into and disciplinary or legal action pursued if it is found that the allegations are correct.
Urgent Appeals Programme
Asian Human Rights Commission
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SUGGESTED ACTION:
Please write to the relevant authorities and embassies in India seeking their urgent intervention in ensuring a proper investigation into the alleged manhandling of a human rights defender.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
INDIA: A man tortured and a human rights defender assaulted and verbally abused by the Inspector-in-Charge of the Serampore police station, Hoogly, West Bengal
I write to voice my concern about the torture of a man and the assault of and verbal abuse against a human rights defender by the Inspector-in-Charge (IC) of Serampore police station in West Bengal, India. That an Inspector-in-Charge believes it is acceptable to behave in such a manner is disturbing. That the Superintendent of Police can deny this incident after only a minor enquiry into it, speaks volumes to the impunity police officers enjoy in India.
According to the information I have received, Mr Kirity Roy, the Secretary of MASUM, a local nongovernmental organisation in West Bengal, went to the Serampore police station, on prior appointment, on the morning of 18 January 2006. He was accompanied by Mr Alok Chakrabarty, who is the accused in a police case involving dowry death (case no. 143/2005 u/s 498A/304 of the Indian Penal Code). Mr Roy approached the police station and requested a copy of the post mortem report of Chandrika Chakrabarty, Mr Chakrabartys deceased wife. However, when he did this, Mr Roy was immediately confronted by the IC of the Serampore police station, Mr Sunil, who proceeded to physically assault and verbally abuse Mr Roy. When Mr Roy tried to escape this assault, Mr Sunil followed him down a passage way and once again pushed Mr Roy with force and used vulgar language against him. The IC said that the records would only be available through the courts as there is no law to give them to a third person. This being the case, the records could have been given to Mr Chakrabarty, but the IC did not suggest this.
When Mr Roy left the station briefly to report this incident, the IC then set upon Mr Chakrabarty by punching him over several parts of the body. He further threatened Mr Chakrabarty with death if he dared return to the Serampore police station and vowed to destroy both he and anyone who came to his aid. Mr Chakrabarty received injuries as a result of the assault against him. It has since been learned that the IC has lodged a diary no. 1110 dated 18 January 2006 over the incident. It is believed that he has done this to protect himself against his own misconduct in this incident.
I am aware that the Asian Human Rights Commission (AHRC), a Hong Kong-based human rights organisation, contacted the IC who denied that any such altercation took place. The Superintendent of Police was also contacted, and likewise denied that the IC assaulted or verbally abused Mr Roy. Though he admitted that an altercation had taken place, he said no further action was required. He did however say that the matter could be pursued further through him.
In no way was the IC at liberty to assault Mr Roy. Mr Roy was merely seeking records on behalf of Mr Chakrabarty. If the records were not to be made available to Mr Roy, then the IC need only have said this without using physical force or verbal abuse to remove Mr Roy from the premises. Likewise, but of greater importance, under no circumstances should the IC have tortured Mr Chakrabarty or made threats against his life and liberty. Such conduct by the IC speaks volumes to the manner in which police officers feel a sense of impunity from any misconduct or illegal action taken by them. Despite having persons around to witness this event, and despite taking physical action against a human rights defender who is highly likely to pursue the matter, the IC at the Serampore police station no doubt behaved in this manner believing that he would be safe from any disciplinary or legal action against him. Indeed, the denial of this incident by the Superintendent of Police only reinforces the ICs belief.
Owing to this, I seek your urgent intervention in having this incident properly investigated. If it is established that the IC did commit torture against Mr Chakrabarty, then legal action must be taken against him. Further, the ICs conduct against Mr Roy must also be enquired into and disciplinary or legal action pursued if it is found that the allegations are correct. Further, the Superintendent of Police should also be questioned as to how he reached his decision that no further action was required within the same day that the incident occurred.
I look forward to your intervention in this matter.
Yours sincerely,
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PLEASE SEND A LETTER TO:
1. Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in
2. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in
3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata 700027
West Bengal
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
4. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in
5. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in
6. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.orgail: sechome@wb.gov.in
8. H.E. Mr. John Mccarthy
Honourable High Commissioner
Australian High Commission
1/50 G, Santhipath
Chanakyapuri, New Delhi 21
INDIA
Fax: +91 11 26882732
9. H.E Mr. Michael Sternberg
Ambassador
Embassy of Denmark
11 Aurangzeb Road
New Delhi 110011
INDIA
Fax: 91 11 23792019
10. Honourable Ambassador
Embassy of Finland
E-3, Nyaya Marg, Chanakyapuri
New Delhi 110021
INDIA
Fax: 91 11 4149 7555
11. H.E. Heimo Richter
Ambassador
The German Embassy in Delhi
No. 6/50G, Shanti Path, Chanakyapuri
New Delhi
INDIA
Fax: 91 11 26873117
12. H.E. Mr. Francisco da Camara Gomes
Head of Delegation
Delegation of the European Commission to India
65, Golf Links
New Delhi
INDIA
Fax: 91 11 24629206
13. Sir Michael Arthur KCMG
Honourable High Commissioner
British High Commission
Shantipath, Chanakyapuri
New Delhi
INDIA
Fax: 91 11 26870065
14. H.E. Mr. Antonio Armellini
Ambassador
Embassy of Italy
50-E, Chandra Gupta Marg
Chanakyapuri, New Delhi
INDIA
Fax: 91 11 26873889
15. H.E. Mr. Graeme Waters
The Ambassador
New Zealand High Commission
Sir Edmund Hillary Marg
Chanakyapuri, New Delhi
INDIA
Fax: 91 11 26883165
16. H.E. Mr. Eric Franciscus Charles
The Ambassador
Royal Netherlands Embassy
6/50 F, Santhipath
Chanakyapuri, New Delhi
INDIA
Fax: 91 11 24197710
17. Honourable Ambassador
Royal Norwegian Embassy
50-C, Shanthipath, New Delhi
INDIA
Fax: 91 11 51680145
18. Honourable Mrs. Inga Eriksson Fogh
The Ambassador
Embassy of Sweden
Nyaya Marg
Chanakyapuri, New Delhi
INDIA
Fax: 91 11 26885540
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
