INDIA: Man dies in jail after prison wardens set him alight

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that Mr Abhijnan Basu, a prisoner at Presidency Jail Kolkata, has died on 19 November 2004 due to burn injuries to 90 per cent of his body, after he was set alight by prison wardens on November 12.

It is alleged that Abhijnan had earlier complained about conditions in the prison and that the guards did no appreciate such an attitude from a prisoner.  On the morning of 12 November 2004, Abhijnan was approached by the jailor and several prison wardens, who quickly overpowered him and doused him in diesel.  They immediately set Abhijnan on fire, who fled the scene shouting in agony.  Abhijnan was transferred to the SSKM Hospital in Kolkata where he spent 8 days receiving treatment for his burns.  However, on November 19 Abhijnan succumbed to his injuries.

While an inquiry is in progress in relation to this case, it is being carried out by prison officials, and therefore its legitimacy is highly questionable.  Though the inquiry has not been complete, the Inquiring Officer has already provided a statement to the media that the jail authorities are not at fault.

Therefore, we write to you asking that you intervene into this matter.  We ask that you write a letter to Shri Biswanath Choudhury, Minister in Charge of the Department of Jails, West Bengal state government, demanding an impartial and independent investigation be conducted into this matter without delay.  We ask that you demand full legal action be taken against them, if it is found that the jailor and prison guards are responsible for Abhijnan’s torture and death.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of victim: Abhijnan Basu, 40 years old

Place of incident: Presidency Jail, Kolkata, West Bengal, India

Alleged perpetrators: The jailor and three prison wardens attached to Presidency Jail, Kolkata

Date of incident: 12 November 2004

Date of the victim’s death: 19 November 2004

This incident took place in one of the more high profile jails in West Bangal, the Presidency Jail, Kolkata. Abhijnan Basu, a prisoner serving a life sentence for a murder committed on 28 April 1992, had previously complained to prison officials about illegal and unfair activities that were occurring in the jail, such as the reduction of poor quality of food served to the prisoners in the jail.  The officials did not welcome such complaints, and because of this Abhijnan believed that the prison authorities did not like him and wished to silence his protests.

According to testimony taken by Abhijnan, on the morning of 12 November 2004, he was overpowered by three prison wardens on the instruction of the jailor.  They then proceeded to pour diesel over his body, before setting him alight.  Abhijnan immediately fled the scene, screaming in agony from the flames upon his body.

Abhijnan was taken to the MR Bangur Hospital before being taken to the SSKM Hospital when his condition worsened.  For eight days, Abhijnan remained in hospital in a critical condition having suffered burns to 90 per cent of his body.  On 19 November 2004, Abhijnan succumbed to his injuries and died in hospital.

The prison authorities have a different version of events regarding this incident, though there are several flaws in their statements.  According to the prison authorities, Abhijnan committed suicide and was not set on fire by others as he claimed.  Despite such a claim, the authorities could not explain how Abhijnan came to possess diesel and matches inside the jail premises.  The authorities also referred to a psychological disorder and bad conduct by Abhijnan, but failed to provide evidence of such behaviour.  When asked to provide medical evidence of the psychological disorder they had referred to, the authorities could not provide any such thing.

While an inquiry has begun into this case, it is being conducted by a prison official and therefore its legitimacy is highly questionable.  Inspector General (Prisons) Mr Joydeb Chakrabarty is responsible for this inquiry.  Though the inquiry has not been complete, the Inquiring Officer has already provided a statement to the media that the jail authorities are not at fault. According to Mr Chakrabarty, “the lifer set himself on fire at the backyard of the jail recreational hall at around 7:00am after prisoners were released from their wards.  Jail officials rushed to his rescue and doused the flames with blankets…later, at the hospital he (Abhijnan) complained that he wasn’t given proper food, that there was negligence in treatment of his previous ailments and that he was denied permission to fix a loudspeakers in his ward on Kali Puja (one of the festivals of Bengal) night”.   Mr Chakrabarty also added that Abhijnan “was a trouble-maker…(who)…invariably refused food and used foul language.  He was also a confirmed drug addict.  Because of which he was shifted from one jail to another on several occasions”.

It would appear that despite the inquiry having not been completed yet, Mr Chakrabarty has concluded in his own mind that Abhijnan is responsible for his own death and that the prison authorities are in no way at fault.  Is this a fair and due process of inquiry? Should a person directly linked with the prison authorities, be responsible for carrying out inquiries into their behaviour?

SUGGESTED ACTION:

Please send a letter to Shri Biswanath Choudhury, Minister in Charge of the Department of Jails, West Bengal state government, requesting him to take immediate steps to have this matter properly investigated.  Please also send copies of that letter to those persons listed below.

PLEASE SEND A LETTER TO:

Shri Biswanath Choudhury

Minister in charge of the Department of Jails

Attn: Dr.  P. K. Agrawal IAS (Secretary)

Government of West Bengal

Writers’ Buildings, Kolkata, West Bengal,

INDIA

PIN Code- 700001

Tel: +91 33 2214 3220 Extn. 4782 or 4841 / 2214 4012 (Secretary)

Fax: +91 33 2214 5504

E-mail: micjail@wb.gov.in or secjail@wb.gov.in (Secretary)

PLEASE SEND COPIES TO:

1. Shri Buddhadeb Bhattacharjee

Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

2. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

3. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi – 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: mailto:chairnhrc@nic.in

4. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)