India: Daud Seikh's death in police custody highlights police torture

On 7 April 2024, the Samshergunj Police apprehended 27-year-old Daud Seikh, a day labourer, father of two small children and member of the Muslim community from West Bengal. While the circumstances of his arrest are unclear, it was reported that the police attempted to recruit Daud as an informant, which he refused. While detained, he was allegedly subjected to torture and verbal abuse.

Daud’s family was not informed about his arrest and detention and only learnt about it on 13 April 2024 when a civic volunteer of the police came to the family and informed them that Daud had committed suicide in the Jangipur Sub Decisional Correctional Home. They were further informed that his body was in the mortuary of the Jangipur Sub Divisional Hospital. At the hospital, the family inquired about Daud’s death and was informed by the attending doctor that the marks on his neck rather point to an unnatural death than suicide. Moreover, once the family was able to see the corpse, they found many black bruise marks all over Daud’s body.

Sadly, deaths in custody are not rare events. Despite official claims of torture being “alien” to India’s culture, police in India routinely use torture and disregard arrest protocols without consequences. There are, unfortunately, no comprehensive and up-to-date statistics as to the number of custodial deaths in India. Having said this, it was reported that data from the Ministry of Home Affairs and the National Human Rights Commission indicate an increase of 300% in deaths in police custody between 2022 and 2023. It was further reported that over five years (2018-2022), the National Human Rights Commission recommended compensation in 201 cases and that disciplinary action was initiated in one case. There are no indications that any criminal actions were taken which speaks volumes of the authorities’ indifference.

It is little surprise then that during India’s last Universal Periodic Review (UPR) at the United Nations Human Rights Council in 2023, 31 countries called on India to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

We ask the Indian authorities to immediately:

• Conduct a prompt, impartial, and thorough investigation into the death of Daud Seikh, as well as the ongoing pattern of torture and custodial death in custody
• Ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol
• Arrange an official country visit by the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• Implement the Minnesota Protocol on the Investigation of Potentially Unlawful Death and the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).