Torture and ill-treatment, including rape, by security forces in Char Bathanpara, in Murshidabad

Alleged torture and ill-treatment, including rape/ Fear of lack of an effective investigation/ Risk of impunity

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 Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about serious events that took place on 16 May 2009 in the village of Char Bathanpara, in Murshidabad, near the Indo-Bangladesh border, during which Ms. Sahanura Bibi (name changed), about 25 years old, was raped and Mr. Juwel Sk., a minor boy, as well Mr. Babu Sk. were severely beaten by security forces.

According to the information received, Ms. Sahanura Bibi was raped in the presence of her deaf and mute sister by three officers of the Rapid Action Force (RAF), in the attendance of two police officers of Raninagar Police Station after they had forced into the family house looking for male members (see background information). When police officers could not find any male members, 2nd police officer of Raninagar Police Station allegedly told RAF officers to do whatever they wanted with the remaining family members.

On 27 May 2009, Ms. Sahanura Bibi lodged a complaint with the Court of Chief Judicial Magistrate, Berhampore, against the alleged perpetrators. The Chief Judicial Magistrate, Mr. Shantanu Jha, recorded the statements of the complainant and later requested a report from the concerned Sub Divisional Police Officer (SDPO) as well as to submit the names of the RAF officers who were on duty with the police officers of Raninagar Police Station. The Court also ordered the victim to be examined by the District New General Hospital, in Berhampore.

According to the same information received, Mr. Juwel Sk. and Mr. Babu Sk. were severely beaten with kicks, fists, blows and batons by police officers of Raninagar Police Station who had similarly forced into their house on 16 May 2009. Both lodged a complaint with the Court of Chief Judicial Magistrate, Berhampore, on 28 May 2009, following which a report was requested to the Sub Divisional Police Officer.

It is reported that all three victims and their families have been harassed and threatened by police officers since they have lodged their complaints, raising fears for their safety.

The International Secretariat of OMCT is gravely concerned about the possibility of the rape of Ms. Sahanura Bibi may go unpunished, and the consequences to her physical and psychological integrity. OMCT condemns the failure of the Indian authorities to provide her with adequate protection and medical and psychological assistance.

OMCT recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4(c) that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."

OMCT is further concerned about the physical abuses suffered by Mr. Juwel Sk., who OMCT recalls is a minor, and Mr. Babu Sk in the same event and recalls that according to article 7 of the International Covenant on Civil and Political Rights, to which India is Party, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. OMCT also would like to remind India that under the UN Convention on the Rights of the Child, to which India is party, “States Parties shall ensure that: no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (article 37 (a)).

Being particularly preoccupied that the victims and their families are being threatened by security forces, OMCT also recalls that the competent authorities have to ensure that any individual who alleges to have been subjected to torture and other ill-treatment has the right to complain to and to receive adequate protection against ill-treatment or intimidation as a consequence of his complaint.

Finally, OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these allegations as well into the events that took place on 16 May 2009, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Background information

According to the information received, on 16 May 2009 a violent clash broke out between the supporters of two rival political parties, the Indian National Congress and Communist Party of India (Marxist) in Char Bathanpara, following which a police contingent of Raninagar Police Station and the Rapid Action Force arrived to the place. One police officer reportedly died on the spot during the violence. Many villagers reportedly fled or were later arrested.

During this event, security forces reportedly entered into the villagers’ houses and ransacked them. Many women, children and elderly people were present. It is reported that many of these women and girls were gang raped by security forces. Others were severely beaten with lathis, boots and riffle butts. The majority of the victims were reportedly not medically assisted and the perpetrators further threatened them with dire consequences if they would denounce the events.

OMCT condemns the events of 16 May 2009, in particular the report of several gang rapes and the threats the victims faces not to lodge complaints.

Action requested

Please write to the authorities in India urging them to:

1. Guarantee in all circumstance the physical and psychological integrity of Ms. Sahanura Bibi, Mr. Juwel Sk. and Mr. Babu Sk;
2. Guarantee that they are provided with adequate medical care and protection;
3. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
4. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victims;
5. 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 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, Fax: +91 11 233 83792, 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
• Mr. Ardhendu Sen, Principal Secretary (Home), Government of West Bengal, Fax- +91-33-22143001 Email: sechome@wb.gov.in,
• Mr. Gopalkrishna Gandhi, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in
• Mr. M. L. Kumawat, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• 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

Please also write to the embassies of India in your respective country.

Geneva, 11 June 2009

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