Abusive treatment and impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and by Antenna International, a member the SOS-Torture network, of the arbitrary arrest/detention and abusive treatment of Mr. Manoj Shaw, resident of Kolkata, West Bengal on 31 May 2007; his wife, Ms. Arpita Shaw, was likewise reported to have been physically abused by police officers at the same station.

According to the information received, Mr. Manoj Shaw was arrested without a warrant on 31 May 2007 by police officer of the Chitpore Police Station of Kolkata. His arrest can be traced to events on the same day when he went to the aforementioned police station to lodge a complaint against several unidentified persons who were harassing a family member and subsequently assaulted him when trying to intervene. While at the station, Mr. G. Mukharjee, Sub Inspector of Chitpore Police Station, reportedly refused to listen to Mr. Shaw, then verbally abused, assaulted and finally detained him. Being informed of these events, Mr. Shaw’s wife and sister went to the station to see him, but to no avail. While his sister went to the Deputy Commissioner (North), Kolkata Police along with his mother, his wife stayed at the police station.

Later Mr. Shaw was allowed out of his cell for a medical examination, but one official (identity unknown) of Chitpore Police Station allegedly requested 40 rupees from Mr. Shaw. When Mr. Shaw reportedly informed his wife about the issue, he got brutally assaulted with fist blows. According to the information, his wife strongly protested but also got assaulted. A police officer, not in uniform, (identity unknown) reportedly held Ms. Shaw’s hand tightly and assaulted her with force. He allegedly grabbed her arms and the bangles snapped and some pieces pierced her wrist and forearm. Her arm and hand reportedly started bleeding and the left side of her face and neck was bruised. She was then forced to leave the police station. Superior officers reportedly did nothing to prevent the physical abuse and the Sub-Inspector himself, was said to have ordered the assault on the wife.

Ms. Shaw tried to contact Deputy Commissioner (North), Kolkata Police over the phone but the latter reportedly hung up. She the went to the R.G. Kar Medical College and Hospital in Kolkata to get medical assistance. She reportedly returned at around 6pm to the police station.

According to the information, at 4pm Assistant Commissioner of Police of Kolkata Police Md. Akram, who was sent by the Deputy Commissioner, went to Chitpore Police Station to deal with Mr. Shaw’s case. After listening to Ms. Shaw, he assured her that her husband would soon be released on bail and to contact a lawyer. Mr. Shaw was then released from police custody that evening under the condition that he appear before the local court the following day. Mr. Shaw was thus implicated in a police case at Chitpore Station, Case 68, dated 31 May 2007 under Section 324/323/341/114 of the Indian Penal Code for committing the offences of “simple hurt with a dangerous weapon.” This case is still pending.

On 1 June 2007, Mr. and Mrs. Shaw, accompanied by their lawyer, reportedly went to the office of the Deputy Commissioner (North) of the Kolkata Police to lodge a complaint against the local police. There they were informed that the constable of the Chitpore Police Station had been suspended, but no concrete action was taken regarding the police personnel who assaulted Mrs. Shaw the previous day.

The International Secretariat of OMCT expresses its deep concern over the arbitrary arrest/detention and abusive treatment against Mr. Manoj Shaw and his wife, Arpita Shaw and the reported prevailing impunity of certain officers implicated in the abusive treatment at the police station. OMCT is highly concerned that, although India has signed onto the UN Convention against Torture, it has failed to ratify it yet, and that no law criminalises torture. OMCT recalls to India that according to articles 7 and 9 (1) of the International Covenant on Civil and Political Rights (ICCPR) to which it is a State party, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and no one shall be subjected to arbitrary arrest or detention. OMCT calls on the authorities to order a thorough and impartial investigation into these events in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. Further, as an elected member of the United Nations Human Rights Council, India should guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Action requested

Please write to the authorities in India urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Manoj Shaw and of his wife, Arpita Shaw;
2. Drop the charges against him in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
3. Guarantee that adequate compensation is awarded to both victims;
4. Order a thorough and impartial investigation into these events, notably into the circumstances of the charges brought against Mr. Shaw, his arbitrary arrest/detention and the abusive treatment he and his wife were subjected to, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law
5. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standard

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email: supremecourt@nic.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
• Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassies of India in your respective country.

Geneva, 02 July 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply