India
11.10.04
Urgent Interventions
India: Arbitrary arrest/Death in Police Custody
Case IND 111004
Arbitrary Arrest / Death in Police Custody
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 OMCT network, of the arbitrary arrest and custodial death of Mr. Barun Chattopadhyay (45) on 28 September, 2004, at the Belghoria police station in West Bengal.
According to the information received, the victim has left his house in the morning of September 27th, to look for a job as he used to do everyday. The next day, the police informed his family that he has committed suicide while in custody in Belghoria Police Station. The police has reportedly claimed that the victim has been arrested in a local liquor outlet and that he has been found dead in his cell on September 28th, hung from a cord strung of his underwear. It is also reported that a post-mortem has been conducted hastily to confirm the police version of the events.
According to the information received, the victim’s family has challenged the police version and holds that the arrest has been illegal. It is being alleged that Mr. Barun Chattopadhyay has been arbitrarily arrested in order to reach the monthly quota of arrests allocated to the police. They also complain about the fact that they have not been informed of the victim’s arrest in spite of the legal duty of the police to inform the family of the arrested person as specified in the Supreme Court judgment in D.K. Basu case (AIR 1997SC 610).
In regard to the circumstances of the victim’s death, according to the information received his family and neighbors challenge the police version of the events and assert that they have noticed injuries on the head and face of the body as well as the imprint of a thick rope around his neck. They allege that there has been collusion between the police and the doctor who has conducted the post-mortem in order to cover up the real circumstances of the victim’s death. According to the information received, the events have provoked popular protests in front of the police station, the local population calling for an inquiry into the case and the punishment of those responsible.
The International Secretariat of OMCT is gravely concerned by Mr. Barun Chattopadhyay’s death in police custody and the subsequent attempts to cover up the circumstances in which his death has occurred. OMCT calls on the Indian authorities to immediately launch a thorough and impartial investigation into the circumstances of Mr. Chattopadhyay’s arrest and death, to identify those responsible and to bring them to justice. OMCT equally urges the authorities to ensure that adequate compensation is awarded to Mr. Chattopadhyay’s family.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Barun Chattopadhyay’s arrest and subsequent death in custody, 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. Chattopadhyay’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, October 11th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary Arrest / Death in Police Custody
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 OMCT network, of the arbitrary arrest and custodial death of Mr. Barun Chattopadhyay (45) on 28 September, 2004, at the Belghoria police station in West Bengal.
According to the information received, the victim has left his house in the morning of September 27th, to look for a job as he used to do everyday. The next day, the police informed his family that he has committed suicide while in custody in Belghoria Police Station. The police has reportedly claimed that the victim has been arrested in a local liquor outlet and that he has been found dead in his cell on September 28th, hung from a cord strung of his underwear. It is also reported that a post-mortem has been conducted hastily to confirm the police version of the events.
According to the information received, the victim’s family has challenged the police version and holds that the arrest has been illegal. It is being alleged that Mr. Barun Chattopadhyay has been arbitrarily arrested in order to reach the monthly quota of arrests allocated to the police. They also complain about the fact that they have not been informed of the victim’s arrest in spite of the legal duty of the police to inform the family of the arrested person as specified in the Supreme Court judgment in D.K. Basu case (AIR 1997SC 610).
In regard to the circumstances of the victim’s death, according to the information received his family and neighbors challenge the police version of the events and assert that they have noticed injuries on the head and face of the body as well as the imprint of a thick rope around his neck. They allege that there has been collusion between the police and the doctor who has conducted the post-mortem in order to cover up the real circumstances of the victim’s death. According to the information received, the events have provoked popular protests in front of the police station, the local population calling for an inquiry into the case and the punishment of those responsible.
The International Secretariat of OMCT is gravely concerned by Mr. Barun Chattopadhyay’s death in police custody and the subsequent attempts to cover up the circumstances in which his death has occurred. OMCT calls on the Indian authorities to immediately launch a thorough and impartial investigation into the circumstances of Mr. Chattopadhyay’s arrest and death, to identify those responsible and to bring them to justice. OMCT equally urges the authorities to ensure that adequate compensation is awarded to Mr. Chattopadhyay’s family.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Mr. Barun Chattopadhyay’s arrest and subsequent death in custody, 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. Chattopadhyay’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. A.P.J. Abdul Kalam, President of India, Rashtrapathi Bhavan, New Delhi –110001, INDIA
Tel: +91 11 23015321,
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in - Justice A. S. Anand, Chairman, National Human Rights Commission, Sardar Patel Bhaven, Sansad Marg, New Delhi 110 001, INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in - Mr. Buddhadeb Bhattacharyya, Chief Minister and Home Minister, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA
Fax: +91 33 2214 5480 - Mr. Shyamal Kumar Dutta, Director General & Inspector General of Police, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA
Fax: +91-33-2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in - Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhavani Bhavan, Alipur, Kolkata-27, West Bengal, INDIA
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in
Please also write to the embassies of India in your respective country.
Geneva, October 11th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.