India
28.10.03
Urgent Interventions
India: the death as the result of torture of Mr. Deben Sardar
Case IND 271003
Death as a result of torture
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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the death of Mr. Deben Sardar allegedly as the result of torture, in India.
According to the information received, at around 7:00 p.m. on October 12th, 2003, Mr. Deben Sardar of Sardarpara, Arabpur, Nadia District, West Bengal, was arrested by the Hogalberia police. 46-year-old Mr. Sarbar, was a labour worker and breadwinner for his family, as well as a father of 6. He was arrested along with four friends: Vadu Sardar, Stefen Sardar, Suren Sard, and another whose name is undisclosed. At the time of the arrest, these persons were playing cards in a public place in Hogalberia, a remote village at the Indo-Bengali border.
The group was allegedly arrested under section 290 of the Indian Penal Code, which amounts to a charge of causing public nuisance. This is a petty offence and is subject to bail. The maximum punishment for such an offence is a fine of Rs. 200, which is equal approximately to $4 U.S. The arrests were a violation of police procedure, as the five were not told why they were being arrested or what charges were being brought against them, and none of their families were notified of their arrests. They were thrown into a police jeep and their requests to be released on bail were refused, leading to them being kept in detention.
The next day, October 13th, at around noon, Mr. Deban's family was notified of his arrest. They were told that the victim had been taken to the hospital at about 9:45 a.m. He died at the hospital at around 1:45 p.m. The police claim that Mr. Deben developed some illness while in custody and subsequently died in hospital. However, Mr. Deben had no history of serious ailments prior to his arrest.
Mr. Sogata Roy, the Officer-in-Charge of Hogalberia Police Station, released the four other detainees. The Sub Divisional Officer of Tehatta examined Mr. Deben's body and found at least two external injuries on his abdomen, which had not been there prior to his arrest. No effective action has reportedly yet been taken by the police concerning this matter, and they are not releasing the post mortem report.
The International Secretariat of OMCT wishes to express its deep concern for the death of Mr. Deben, notably as there are serious allegations that he was subjected to torture by members of the police, leading to his death. OMCT recalls that there have been many cases where Indian police officers have arbitrarily arrested and tortured persons while they are in custody (see Urgent Appeals Case IND 231003, Case IND 290903, and Case IND 250903). These police officers typically enjoy impunity for their acts. OMCT calls on the Indian government to order a thorough and impartial investigation into the circumstances of these events, notably the serious allegations of torture and ill-treatment, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities to guarantee that adequate reparation is awarded to Mr. Deben's family and to the other detainees for any injuries received during detention.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the victims of these abuses and the family of the deceased;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-23017290 & 23017824, presidentofindia@rb.nic.in
· Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
· Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs, Minister of Personnel, Public Grievances and Pensions, North Block, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 + 23017419
· National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-mail: ionhrc@hub.nic.in
· Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001, India, e. mail. chairnhrc@nic.in
· Mr. Sorabjee Soli Jehangir, Attorney General of India, Office of the Attorney General of India, Supreme Court of India, Tilak Marg, New Delhi-110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10 Motilal Nehru Marg, New Delhi-110011, Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
· Shri N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, October 27th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death as a result of torture
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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the death of Mr. Deben Sardar allegedly as the result of torture, in India.
According to the information received, at around 7:00 p.m. on October 12th, 2003, Mr. Deben Sardar of Sardarpara, Arabpur, Nadia District, West Bengal, was arrested by the Hogalberia police. 46-year-old Mr. Sarbar, was a labour worker and breadwinner for his family, as well as a father of 6. He was arrested along with four friends: Vadu Sardar, Stefen Sardar, Suren Sard, and another whose name is undisclosed. At the time of the arrest, these persons were playing cards in a public place in Hogalberia, a remote village at the Indo-Bengali border.
The group was allegedly arrested under section 290 of the Indian Penal Code, which amounts to a charge of causing public nuisance. This is a petty offence and is subject to bail. The maximum punishment for such an offence is a fine of Rs. 200, which is equal approximately to $4 U.S. The arrests were a violation of police procedure, as the five were not told why they were being arrested or what charges were being brought against them, and none of their families were notified of their arrests. They were thrown into a police jeep and their requests to be released on bail were refused, leading to them being kept in detention.
The next day, October 13th, at around noon, Mr. Deban's family was notified of his arrest. They were told that the victim had been taken to the hospital at about 9:45 a.m. He died at the hospital at around 1:45 p.m. The police claim that Mr. Deben developed some illness while in custody and subsequently died in hospital. However, Mr. Deben had no history of serious ailments prior to his arrest.
Mr. Sogata Roy, the Officer-in-Charge of Hogalberia Police Station, released the four other detainees. The Sub Divisional Officer of Tehatta examined Mr. Deben's body and found at least two external injuries on his abdomen, which had not been there prior to his arrest. No effective action has reportedly yet been taken by the police concerning this matter, and they are not releasing the post mortem report.
The International Secretariat of OMCT wishes to express its deep concern for the death of Mr. Deben, notably as there are serious allegations that he was subjected to torture by members of the police, leading to his death. OMCT recalls that there have been many cases where Indian police officers have arbitrarily arrested and tortured persons while they are in custody (see Urgent Appeals Case IND 231003, Case IND 290903, and Case IND 250903). These police officers typically enjoy impunity for their acts. OMCT calls on the Indian government to order a thorough and impartial investigation into the circumstances of these events, notably the serious allegations of torture and ill-treatment, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also urges the authorities to guarantee that adequate reparation is awarded to Mr. Deben's family and to the other detainees for any injuries received during detention.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the victims of these abuses and the family of the deceased;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-23017290 & 23017824, presidentofindia@rb.nic.in
· Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
· Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs, Minister of Personnel, Public Grievances and Pensions, North Block, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 + 23017419
· National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-mail: ionhrc@hub.nic.in
· Dr. Justice A.S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001, India, e. mail. chairnhrc@nic.in
· Mr. Sorabjee Soli Jehangir, Attorney General of India, Office of the Attorney General of India, Supreme Court of India, Tilak Marg, New Delhi-110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10 Motilal Nehru Marg, New Delhi-110011, Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
· Shri N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, October 27th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.