India
22.04.04
Urgent Interventions
India: an extra-judicial execution and the arbitrary detention and ill treatment of a 17-year
Case IND 220404 / IND 220404.CC
Urgent Appeal / Child Concern
Extra-judicial execution / Arbitrary arrest and detention / Ill treatment
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 extra-judicial execution of an alleged criminal and the arbitrary detention and ill treatment of a 17-year-old boy by members of the West Bengal Police in India.
According to the information received, Mr Prabir Banerjee, the Officer in Charge of the Sandeshkhali Police Station in West Bengal, led a large force that extra-judicially executed Mr Gaffar Mollah, an alleged bank robber, at his house in Jhupkali village on January 27th, 2004. As the police surrounded his house and then approached Mr Gaffar Mollah, who was in his garden at the time, he saw them and started to run. The police began shooting at him even though he was unarmed, hitting him in the leg and causing him to fall down. Officer Prabir Banerjee reportedly came up to him, stood on his chest with another officer, and they both shot him at point-blank range with their revolvers in the mouth and chest in total 5 or 6 times. After this, they took two gold rings, a wristwatch, and cash from Gaffar's body. He was critically wounded, but not yet dead at this point.
While they were transporting the dying Mr Gaffar Mollah back to the police station, the police reportedly arrested and beat an innocent bystander, 17-year-old Riazul Mollah of Rampur village. On seeing Riazul Mollah, OC Banerjee reportedly stopped the vehicle and got out, grabbed the boy, and began beating him. The police then took him away in their jeep. They reportedly did not issue a memo of arrest on the spot. Witnesses report seeing the police beating Riazul while he was being taken to the police station. Riazul had been handcuffed to Gaffar, who was not yet dead at the time, but died shortly afterwards.
The boy's father, Siddique Mollah, pursued the police, but was also beaten and abused. When senior members of the village community approached the police to have the boy released, Mr Banerjee first assured them that he would seek justice in this case, yet later proceeded to charge Riazul with a number of grievous offences, including attempted murder and firearms charges: (Sandeshkhali PS Case No. 7/2004), under sections 399/402/353/307 of the Indian Penal Code (IPC) and 25/27 of the Arms Act, 1959. (IPC 399, Making preparation to commit dacoity; 402, Being one of five or more persons assembled for the purpose of committing dacoity; 353, Assault or use of criminal force to deter a public servant from discharge of his duty; 307, Attempt to murder; Arms Act, 25, Illegal manufacture, transfer, possessing and converting of arms; 27, Use of those arms).
Riazul was detained until April 7th, 2004, when he was released on bail. However, the charges against him are still pending in the courts. Throughout that time he was not brought before a magistrate and was only allowed to meet with members of his family on a few occasions.
The International Secretariat of OMCT is gravely concerned by the alleged extra-judicial execution of Mr Gaffar Mollah, and urges Indian authorities to 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. OMCT calls for adequate reparation to be provided to Gaffar Mollah’s family members.
OMCT is also concerned by the arbitrary arrest, detention and ill-treatment of Riazul Mollah, and the physical abuse to which his father, Siddique Mollah, was subjected. OMCT urges the Indian authorities to drop the criminal charges against Riazul or, if such charges were well-founded, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. OMCT calls Indian authorities to order a thorough and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT calls for adequate reparation to be provided to Riazul and Siddique Mollah. In particular, OMCT wishes to recall that India is a State party to the Convention on the Rights of the Child, which establishes in Art. 37 (a) that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and in Art. 40 par. 2 (b) that “ States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (…)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;”
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the allegations of extra-judicial execution of Mr Gaffar Mollah, and the arbitrary arrest, detention and ill-treatment of 17-year-old Riazul Mollah, 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 Riazul Mollah and Siddique Mollah, as well as to the family of Gaffar Mollah;
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-(2)3017290 & (2)3017824, 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, room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309 4221
· 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
· 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. Soli Sorabjee, 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
· Mr. 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, April 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Child Concern
Extra-judicial execution / Arbitrary arrest and detention / Ill treatment
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 extra-judicial execution of an alleged criminal and the arbitrary detention and ill treatment of a 17-year-old boy by members of the West Bengal Police in India.
According to the information received, Mr Prabir Banerjee, the Officer in Charge of the Sandeshkhali Police Station in West Bengal, led a large force that extra-judicially executed Mr Gaffar Mollah, an alleged bank robber, at his house in Jhupkali village on January 27th, 2004. As the police surrounded his house and then approached Mr Gaffar Mollah, who was in his garden at the time, he saw them and started to run. The police began shooting at him even though he was unarmed, hitting him in the leg and causing him to fall down. Officer Prabir Banerjee reportedly came up to him, stood on his chest with another officer, and they both shot him at point-blank range with their revolvers in the mouth and chest in total 5 or 6 times. After this, they took two gold rings, a wristwatch, and cash from Gaffar's body. He was critically wounded, but not yet dead at this point.
While they were transporting the dying Mr Gaffar Mollah back to the police station, the police reportedly arrested and beat an innocent bystander, 17-year-old Riazul Mollah of Rampur village. On seeing Riazul Mollah, OC Banerjee reportedly stopped the vehicle and got out, grabbed the boy, and began beating him. The police then took him away in their jeep. They reportedly did not issue a memo of arrest on the spot. Witnesses report seeing the police beating Riazul while he was being taken to the police station. Riazul had been handcuffed to Gaffar, who was not yet dead at the time, but died shortly afterwards.
The boy's father, Siddique Mollah, pursued the police, but was also beaten and abused. When senior members of the village community approached the police to have the boy released, Mr Banerjee first assured them that he would seek justice in this case, yet later proceeded to charge Riazul with a number of grievous offences, including attempted murder and firearms charges: (Sandeshkhali PS Case No. 7/2004), under sections 399/402/353/307 of the Indian Penal Code (IPC) and 25/27 of the Arms Act, 1959. (IPC 399, Making preparation to commit dacoity; 402, Being one of five or more persons assembled for the purpose of committing dacoity; 353, Assault or use of criminal force to deter a public servant from discharge of his duty; 307, Attempt to murder; Arms Act, 25, Illegal manufacture, transfer, possessing and converting of arms; 27, Use of those arms).
Riazul was detained until April 7th, 2004, when he was released on bail. However, the charges against him are still pending in the courts. Throughout that time he was not brought before a magistrate and was only allowed to meet with members of his family on a few occasions.
The International Secretariat of OMCT is gravely concerned by the alleged extra-judicial execution of Mr Gaffar Mollah, and urges Indian authorities to 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. OMCT calls for adequate reparation to be provided to Gaffar Mollah’s family members.
OMCT is also concerned by the arbitrary arrest, detention and ill-treatment of Riazul Mollah, and the physical abuse to which his father, Siddique Mollah, was subjected. OMCT urges the Indian authorities to drop the criminal charges against Riazul or, if such charges were well-founded, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. OMCT calls Indian authorities to order a thorough and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. OMCT calls for adequate reparation to be provided to Riazul and Siddique Mollah. In particular, OMCT wishes to recall that India is a State party to the Convention on the Rights of the Child, which establishes in Art. 37 (a) that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and in Art. 40 par. 2 (b) that “ States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (…)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;”
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the allegations of extra-judicial execution of Mr Gaffar Mollah, and the arbitrary arrest, detention and ill-treatment of 17-year-old Riazul Mollah, 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 Riazul Mollah and Siddique Mollah, as well as to the family of Gaffar Mollah;
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-(2)3017290 & (2)3017824, 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, room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309 4221
· 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
· 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. Soli Sorabjee, 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
· Mr. 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, April 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.