India
06.12.04
Urgent Interventions
India: Torture and death of Mr. Abhijnan Basu
Case IND 061204
Torture Resulting in Death/Flawed Investigation
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 burning to the death of Mr. Abhijnan Basu at the Presidency Jail Kolkata in West Bengal where he was serving a life sentence, on November 12th, 2004.
According to the information received, in the hospital the victim affirmed that in the morning of November 12th, three prison wardens acting under the instructions of a prison official doused him in diesel and set him on fire. He died on November 19th in the SSKM Hospital in Kolkata as a result of his burns. During his 8 days in the hospital, his state had remained critical, 90 percent of his body having been burnt.
It is reported that Mr. Basu had already complained to the prison officials about the poor quality of the prison food, which complaints were not favourably received by the officials. The victim believed that the prison authorities disliked him and wanted to silence him because of these complaints. On the other hand, the prison authorities present another version of the facts, according to which the prisoner has committed suicide. They also refer to what they call the victim’s psychological disorder and his bad conduct. Although, they have neither given any explanation as about how the prisoner has managed to provide himself with diesel and matches while he has been in the prison, nor have they produced any evidence to support their claims about his psychological state or misbehaviour.
It is also reported that an investigation has been launched into this case, but that it is being conducted by Mr. Joydeb Chakrabarty, the Inspector General who has close links with the prison authorities. Though the investigation has not been completed yet, Mr. Chakrabarty has already affirmed in a statement made to the media representatives that the prison authorities are not responsible for the events that led to Mr. Basu’s death. Confirming the authorities’ version of the facts, the Inspector has held that the prisoner has set himself on fire following which the prison officials have rushed to his rescue. He has also stated that Abhijnan Basu has been a trouble-maker and a drug addict.
The International Secretariat of OMCT is deeply concerned about this case of grave torture resulting in the death of a prisoner as well as about what seems to be the following attempts to cover up the facts. OMCT urges the authorities in India to launch immediately a thorough and impartial investigation into the events that led to Mr. Abhijnan Basu’s death, in order to identify those responsible, to bring them to justice and to apply to them the sanctions provided for by law. OMCT also calls on the Indian authorities to guarantee that adequate reparation is paid to the victim’s family.
Action Requested:
Please write a letter to the authorities in India urging them to:
i. order a thorough and impartial investigation into the events that led to Mr. Abhijnan Basu’s death, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Abhijnan Basu’s family;
iii. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of India in your respective country.
Geneva, December 6th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture Resulting in Death/Flawed Investigation
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 burning to the death of Mr. Abhijnan Basu at the Presidency Jail Kolkata in West Bengal where he was serving a life sentence, on November 12th, 2004.
According to the information received, in the hospital the victim affirmed that in the morning of November 12th, three prison wardens acting under the instructions of a prison official doused him in diesel and set him on fire. He died on November 19th in the SSKM Hospital in Kolkata as a result of his burns. During his 8 days in the hospital, his state had remained critical, 90 percent of his body having been burnt.
It is reported that Mr. Basu had already complained to the prison officials about the poor quality of the prison food, which complaints were not favourably received by the officials. The victim believed that the prison authorities disliked him and wanted to silence him because of these complaints. On the other hand, the prison authorities present another version of the facts, according to which the prisoner has committed suicide. They also refer to what they call the victim’s psychological disorder and his bad conduct. Although, they have neither given any explanation as about how the prisoner has managed to provide himself with diesel and matches while he has been in the prison, nor have they produced any evidence to support their claims about his psychological state or misbehaviour.
It is also reported that an investigation has been launched into this case, but that it is being conducted by Mr. Joydeb Chakrabarty, the Inspector General who has close links with the prison authorities. Though the investigation has not been completed yet, Mr. Chakrabarty has already affirmed in a statement made to the media representatives that the prison authorities are not responsible for the events that led to Mr. Basu’s death. Confirming the authorities’ version of the facts, the Inspector has held that the prisoner has set himself on fire following which the prison officials have rushed to his rescue. He has also stated that Abhijnan Basu has been a trouble-maker and a drug addict.
The International Secretariat of OMCT is deeply concerned about this case of grave torture resulting in the death of a prisoner as well as about what seems to be the following attempts to cover up the facts. OMCT urges the authorities in India to launch immediately a thorough and impartial investigation into the events that led to Mr. Abhijnan Basu’s death, in order to identify those responsible, to bring them to justice and to apply to them the sanctions provided for by law. OMCT also calls on the Indian authorities to guarantee that adequate reparation is paid to the victim’s family.
Action Requested:
Please write a letter to the authorities in India urging them to:
i. order a thorough and impartial investigation into the events that led to Mr. Abhijnan Basu’s death, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Abhijnan Basu’s family;
iii. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- Shri Biswanath Choudhury, Minister in charge of the Department of Jails, Attn: Dr. P. K. Agrawal IAS, (Secretary), Government of West Bengal, Writers' Buildings, Kolkata, West Bengal, INDIA, PIN Code- 700001
Tel: +91 33 2214 3220 Extn. 4782 or 4841 / 2214 4012 (Secretary)
Fax: +91 33 2214 5504
E-mail: micjail@wb.gov.in or secjail@wb.gov.in (Secretary)
- Shri Buddhadeb Bhattacharjee, Chief Minister and Minister in Charge of Home (Police) Department, Government of West Bengal, Writers' Buildings, Kolkata, West Bengal, INDIA, PIN Code- 700001
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in
- Dr. A.P.J. Abdul Kalam, President, Office of the President, Rashtrapati Bhawan, New Delhi, 110004, INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in - Shri Justice A. S. Anand, Chairperson, National Human Rights Commission of India, Sardar Patel Bhawan, Sansad Marg,New Delhi - 110 001, INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in
- Justice Shyamal Kumar Sen, Chairperson, West Bengal Human Rights Commission, Bhabani bhavan, Alipore, Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
Please also write to the embassies of India in your respective country.
Geneva, December 6th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.