Alleged ill-treatment inclusive severe beatings against Mr. Dhiren Mahato by members of the police and Joint Force in West Bengal

Allegedill-treatment/ Unlawful arrest/ No proper investigation

The InternationalSecretariat of the World Organisation Against Torture (OMCT) requests yourURGENT intervention inthe following situation in India/ West Bengal.

Brief descriptionof the situation

The International Secretariat of OMCT hasbeen informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the severebeatings suffered by Mr. Dhiren Mahato, from the village of Nuniakundari, by members ofthe police and Joint Force, in West Medinipur district, West Bengal.

According to the information received, on 17 July 2011 at about1 pm, Mr. DhirenMahato was at the Bodhna Market, in the village of Bodhna, when severalpolicemen from the Manikpara Police outpost and members of the Joint Force(which combines, among others, members of the Border Security Force, theCentral Reserve Police and state security forces) surrounded the market andstarted to interrogate the people there. Mr. DhirenMahato was reportedly forced into one of their vehicles after he informed thathe was from the village of Nuniakundari and not from Bodhna. When he first refusedto enter the car, the security forces allegedly severely beat him all over hisbody with lathi (wooden sticks). He was then reportedly taken to the JointForce operation station, without any memo of arrest or being informed of thereasons for his arrest. He was allegedly again beaten at the said operationstation.

According to the same information received,Mr. Dhiren Mahato’s family was not informed about his arrest for more than twodays. Family members tried to locate him but the police at Manikpara out postand at Jhargram denied any arrest. On 19 July 2011, Mr. Dhiren Mahato’s mother submitted awritten complaint before the Sub-Divisional Office, Jhargram on the illegaldetention of her son. It was only later that same day that Mr. Dhiren Mahato’sfamily came to know that he had been brought by the Jhargram Police before thecourt of the Additional Chief Judicial Magistrate, Jhargram, and that he wasaccused of being a Maoist activist in a pending criminal complaint. However, itis reported that Mr. Dhiren Mahato’s name was not even mentioned in thecomplaint.

Mr. Dhiren Mahato was later transferred tothe Jhargram Correctional Home, where he remains detained pending trial. He hasreportedly access to a lawyer and his family.

OMCTis gravely concerned about the aforementioned allegations and therefore callson the competentauthorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, inaccordance with international human rights standards, the result of which mustbe made public, in order to bringthose responsible before a competent, independent and impartial tribunal andapply penal, civil and/or administrative sanctions as provided by law.

OMCTrecalls that the authorities have to fulfil their obligations underinternational human rights law to protect the right not to be subjected totorture or other cruel, inhuman or degrading treatment or punishment and tobringing to justice those responsible for violating this right.

Action requested

Please write tothe authorities in India/ West Bengal urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Dhiren Mahato andof his family;

ii. Guarantee unrestricted access to his lawyer, hisfamily and any necessary medical care and treatment that he may require;

iii. Carry out a prompt, effective,thorough, independent and impartial investigation into the aforementionedfacts, in accordancewith international human rights standards, the result of which must be madepublic, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law;

iv. Order his immediate release in the absence of validlegal charges that are consistent with international law and standards, or, ifsuch charges exist, bring him before an impartial, independent and competenttribunal and guarantee his procedural rights at all times;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation and rehabilitation, is granted to Mr. Dhiren Mahato;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax:+ 91 11 2301 6857;

Ø Mr. P. Chidambaram,Union Minister of Home Affairs,Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: + 91 11 2309 2979;

Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justiceof India, Supreme Court, Tilak Marg, New Delhi-1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;

Ø Justice K. G. Balakrishnan, Chairperson,National Human Rights Commission of India, Faridkot House, CopernicusMarg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in ;

Ø Jusice N. C. Sil,Acting Chairman, West Bengal Human RightsCommission,Bhabani Bhaban, Alipur, Kolkata -27. Fax: + 91 3324799633, Email: wbhrc@cal3.vsnl.net.in ;

Ø M. K. Narayanan, Governor, West Bengal, Raj Bhaban,Kolkata – 62, Phone:+91 33-2200 1641, Fax: + 91 33 2200 2444 / + 91 33 2200 1649, secy-gov-wb@nic.in ;

Ø Mr. Sri BuddhadebBhattacharjee, Chief Minister, Government of West Bengal, Writers’Buildings, BBD Bagh, Kolkata – 1, Fax: + 91 33 22145480, Email cm@wb.gov.in; sechome@wb.gov.in;

Ø PermanentMissionof Indiato the United Nations (Geneva), Ruedu Valais 9, 1202 Geneva, Tel: + 41 22 906 86 86 Fax: + 41 22 906 86 96,Email: mission.india@ties.itu.int

Please also write to the diplomatic mission or embassyof India in your respectivecountry.

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Geneva, 15 September 2011

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

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