Death in prison custody_Lack of an effective investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India/ West Bengal.

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 the death in prison custody, on 22 December 2009, of Mr. Ucharan Roy, about 27 years old, living in Bijoyram Ghoshpara before his detention. Mr. Ucharan Roy was detained in Alipore Central Correctional Home, in Kolkata, since 2007.

According to the information received, on 22 December 2009, when Mr. Ucharan Roy’s mother arrived at Alipore Central Correctional Home to visit him, she was informed by the authorities of Alipore Central Correctional Home that Mr. Ucharan Roy had allegedly committed suicide. An unnatural death case was reportedly registered at Alipore Police Station (no. 1904, dated 22 December 2009) and a post-mortem examination was conducted on the body of Mr. Ucharan Roy at Kolkata Police Morgue (vide P.M. no. 1126, dated 23 December 2009). However, the result of the aforementioned post-mortem examination has not yet been communicated.

According to the same information received, to date, the relevant authorities have failed to launch a proper investigation into the death in prison custody of Mr. Ucharan Roy. The law requires that a judicial magistrate investigates all custodial deaths (according to section 176 of the Indian Criminal Procedure Code), but such investigation has not yet been initiated in this case.

OMCT is gravely concerned about the death in prison custody of Mr. Ucharan Roy and the failure by the relevant authorities to effectively investigate the circumstances of his death. OMCT is all the more preoccupied since police brutality, torture and other forms of ill-treatment in detention facilities are commonplace in India.

OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the death of Mr. Ucharan Roy in accordance with national law and international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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.

Action requested

Please write to the authorities in India/ West Bengal urging them to:

1. Carry out a prompt, effective, thorough, independent and impartial investigation into the death in prison custody of Mr. Ucharan Roy, 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;
2. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victim’s family concerned.

Addresses

• Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;
• Mr. P. Chidambaram, 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;
• Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;
• Jusice N. C. Sil, Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.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. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email - cm@wb.gov.in, sechome@wb.gov.in;
• Mr. Biswanath Choudhury, Minister, Jail Department, Government of West Bengal, Fax: +91 33 22 145 442, Email: micjail@wb.gov.in;
• Permanent Mission of India 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 diplomatic mission or embassy of India in your respective country.

Geneva, 7 January 2010

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