Alleged torture and subsequent death of Mr. Hayat Seikh

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 of the arbitrary arrest, alleged torture and subsequent death of Mr. Hayat Seikh, resident of Beldanga Par House, West Bengal on 29 March 2007.

According to the information received, Mr. Hayat Seikh was arrested without arrest warrant on 17 March 2007 by a police team of the Beldanga Police Station, led by Mr. Sandip Sen, Officer-in-charge and Mr. Durgaprasad Mazumdar, Sub-Inspector. The police reportedly forcefully entered into his house while he was sleeping. Mr. Hayat Seikh was allegedly beaten in front of his father and wife, Ms. Rahima Bewa, before being taken into custody at the said police station. Mr. Hayat Seikh was reportedly arrested because the police wanted information on a relative of Mr. Hayat Seikh who was allegedly involved in a murder case occurred a few days earlier and who fled to the state of Bihar.

According to the information, when Ms. Rahima Bewa came to visit her husband on 18 March 2007, the Officer-in-charge, Mr. Sandip Sen, forbid the visit. Upon request of Mr. Daud Seikh, brother of the victim, the meeting was permitted but Ms. Rahima Bewa could not give the food she had brought to her husband. Mr. Hayat Seikh was allegedly charged with causing a breach of the peace in the locality (under section 107/116 Criminal Procedure Code) and detained from 17 March to 23 March 2007 without being presented before a magistrate within 24 hours as requested by the law. He was only presented before the Sub Divisional Executive Magistrate’s Court on 23 March 2007, and was released on the same day as per the order of the Magistrate (but had to file a bond).

Mr. Hayat Seikh was allegedly ill-treated and tortured during his detention. The victim got injuries on his palms, feet and back. He was allegedly subjected to electric choc and was beaten with lathi (stick).

According to the information, Mr. Hayat Seikh became ill soon after his release, allegedly due to the acts of torture and ill-treatment suffered. He was admitted to the Beldanga Gramin Hospital but he was then referred to the Bahrampur Hospital for further treatment because of his serious condition. However, the family could not afford the treatment. On 25 March 2007, the victim’s condition deteriorated and he was again admitted to the Beldanga Gramin Hospital. He was discharged but had to go back on 27 March 2007 until 29 March 2007 when he died.

Ms. Rahima Bewa and Mr. Daud Seikh reportedly lodged a complaint against Mr. Sandip Sen, Officer-in-charge, Mr. Durgaprasad Mazumdar, Sub-Inspector, and other accused police personnel but the duty officer of the concerned police station refused to register the complaint and further insulted and abused them. Following public protest in the village after Mr. Hayat Seikh’s death was disclosed, Mr. Shahabul Hussein, Deputy Superintendent of Police, Discipline and Training, Beharampur District, reportedly assured that a post mortem examination would be conducted.

According to the information, the post mortem examination was conducted on 30 March 2007 at Baharampur State General Hospital and was labeled 221 dated 30 March 2007. However, the medical doctor who conducted the post mortem examination has allegedly very close links to the local police and used to help the local police and the Border Security Force by giving false post mortem certificates in cases of custodial deaths. It is also reported that the cause of death mentioned in the report is Jaundice, while the family of Mr. Hayat Seikh does not believe that, Mr. Hayat Seikh having showed no symptoms of Jaundice. Ms. Rahima Bewa has reportedly filed a private complaint on 5 April 2007 before the Chief Judicial Magistrate, Bahrampur against Mr. Sandip Sen, Mr. Durgaprasad Mazumdar and Mr. Jalal Seikh accusing them of the death of her husband.

According to the information received, the police officers who reportedly tortured Mr. Hayat Seikh have not been suspended.

The International Secretariat of OMCT expresses its deep concern over the alleged torture and subsequent death of Mr. Hayat Seikh and the reported prevailing impunity. 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 article 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 the circumstances of the death of Mr. Hayat Seikh, 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. Order a thorough and impartial investigation into the circumstances of the death of Mr. Hayat Seikh, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to the victim’s family;
3. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

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, 11 April 2007

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