India
06.11.01
Urgent Interventions
India : arbitrary arrests and torture of three brothers, one of whom subsequently died, in Lucknow
Case IND 061101
Arbitrary arrests / Torture / Death
The International Secretariat of 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 the People's Union for Civil Liberties (PUCL), a member of the OMCT network, of the arbitrary arrests and torture of three brothers, one of whom subsequently died, in Lucknow, Uttar Pradesh, India.
According to the information received, Mr. Kallu, alias Raja Ram, Son of Buddhu, died on October 29th, 2001, three days after he was arrested and allegedly tortured at the Mariyaon police station in Lucknow. He had been taken to the police station on October 26th, 2001 after his neighbour Mr. Lalla had called the police because of a dispute. Sub-inspector Rakesh, along with other officers, arrested Mr Kallu and his two brothers : Mr. Surendra Kumar and Mr. Gopal Ram and transferred them to the police station. Once arrived, the three brothers were allegedly subjected to severe forms of torture. They were beaten with sticks and rods and the Sub-inspector, after having hung Mr. Kallu upside down and having tied his hands and legs, poured water into his nose, causing enormous headpains.
As Kallu’s state was worsening, the police officers reportedly stopped torturing him. They then filed the case under section 151 of Indian Penal Code in order to legalize the arrest of the three brothers. That section classifies the detention of suspect persons, without orders from a Magistrate or a warrant, if it appears to the police officer that an offence cannot be otherwise prevented.
According to the information received, Mr. Kallu’s health condition seriously decreased after his release and he died three days later. Mr. Surendra Kumar has filed a case for murder against Sub-inspector Rakesh and four other officers. However, the Lucknow Police chief denied any responsibility of the athourities, arguing that Mr. Kallu died from disease, as he was suffering from tuberculosis.
The International Secretariat of the OMCT is gravely concerned about the circumstances that have led to Kallu’s death three days following his arrest.
Action requested
Please write to the authorities in India urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Surendra Kumar and Mr. Ram Gopal;
ii. guarantee adequate reparations to the family of Mr. Kallu;
iii. order a thorough and impartial investigation into alleged torture and into the circumstances that led to the death of Mr. Kallu in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Shri Atal Behari Vajpayee. Prime Minister of India
3 Race Course Road, New Delhi 110001 India, Fax: 91-11-301-9545 or 91-11-301-6857
E-mail: vajpayee@sansad.nic.in
· Shri L. K. Advani, Minister of Home Affairs, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi 110 001 India, Fax: 91-11-301-5750 or 91-11-301-7763
E-mail: Mhaweb@mhant.delhi.nic.in
· Justice V. S. Verma, Chairperson, The National Human Rights Commission
Sardar Patel Bhavan
Sansad Marg, New Delhi 110001 India, Fax: 91-11-334-0016
E-mail: nhrc@ren.nic.in
· Governor Shri Vishnu Kant Shastri, Governor of UP, Raj Bhawan, Lucknow, Uttar Pradesh India, Fax: 91-522-230-002
· Gen. Mahesh Chandra Dewedy, Director-General of Police
Uttar Pradesh State Police Department, 1 Tilak Marg, Lucknow, Uttar Pradesh India, Fax: 91-522-206-120
Please also write to the embassies of India in your respective country.
Geneva, November 6, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests / Torture / Death
The International Secretariat of 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 the People's Union for Civil Liberties (PUCL), a member of the OMCT network, of the arbitrary arrests and torture of three brothers, one of whom subsequently died, in Lucknow, Uttar Pradesh, India.
According to the information received, Mr. Kallu, alias Raja Ram, Son of Buddhu, died on October 29th, 2001, three days after he was arrested and allegedly tortured at the Mariyaon police station in Lucknow. He had been taken to the police station on October 26th, 2001 after his neighbour Mr. Lalla had called the police because of a dispute. Sub-inspector Rakesh, along with other officers, arrested Mr Kallu and his two brothers : Mr. Surendra Kumar and Mr. Gopal Ram and transferred them to the police station. Once arrived, the three brothers were allegedly subjected to severe forms of torture. They were beaten with sticks and rods and the Sub-inspector, after having hung Mr. Kallu upside down and having tied his hands and legs, poured water into his nose, causing enormous headpains.
As Kallu’s state was worsening, the police officers reportedly stopped torturing him. They then filed the case under section 151 of Indian Penal Code in order to legalize the arrest of the three brothers. That section classifies the detention of suspect persons, without orders from a Magistrate or a warrant, if it appears to the police officer that an offence cannot be otherwise prevented.
According to the information received, Mr. Kallu’s health condition seriously decreased after his release and he died three days later. Mr. Surendra Kumar has filed a case for murder against Sub-inspector Rakesh and four other officers. However, the Lucknow Police chief denied any responsibility of the athourities, arguing that Mr. Kallu died from disease, as he was suffering from tuberculosis.
The International Secretariat of the OMCT is gravely concerned about the circumstances that have led to Kallu’s death three days following his arrest.
Action requested
Please write to the authorities in India urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Surendra Kumar and Mr. Ram Gopal;
ii. guarantee adequate reparations to the family of Mr. Kallu;
iii. order a thorough and impartial investigation into alleged torture and into the circumstances that led to the death of Mr. Kallu in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Shri Atal Behari Vajpayee. Prime Minister of India
3 Race Course Road, New Delhi 110001 India, Fax: 91-11-301-9545 or 91-11-301-6857
E-mail: vajpayee@sansad.nic.in
· Shri L. K. Advani, Minister of Home Affairs, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi 110 001 India, Fax: 91-11-301-5750 or 91-11-301-7763
E-mail: Mhaweb@mhant.delhi.nic.in
· Justice V. S. Verma, Chairperson, The National Human Rights Commission
Sardar Patel Bhavan
Sansad Marg, New Delhi 110001 India, Fax: 91-11-334-0016
E-mail: nhrc@ren.nic.in
· Governor Shri Vishnu Kant Shastri, Governor of UP, Raj Bhawan, Lucknow, Uttar Pradesh India, Fax: 91-522-230-002
· Gen. Mahesh Chandra Dewedy, Director-General of Police
Uttar Pradesh State Police Department, 1 Tilak Marg, Lucknow, Uttar Pradesh India, Fax: 91-522-206-120
Please also write to the embassies of India in your respective country.
Geneva, November 6, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.