India: torture of three boys and death under torture of one boy, impunity

IND 150904.CC Torture/Death under torture/Impunity 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 death of an 11-year-old boy Mr. Khokan Hembram and the serious injury of two other 10-year-old boys, Mr. Byasdev Dolui and Mr. Munna Das, who were allegedly tortured by Mr. Ujjal Laha and his hired men at Dohali village, West Bengal, India on 5 September 2004. According to the information received, on 4 September 2004, Ujjal Laha, a fake doctor and rich man in Dohali village, lost Rs.1100/- (about US$ 25) from his chamber. He suspected Khokan Hembram, Byasdev Dolui and Munna Das of stealing the money and caught them with the help of his hired men on September 5. Ujjal Laha and his henchmen reportedly tied Khokan Hembram, Byasdev Dolui and Munna Das to a tree in the courtyard of the temple of goddess Muktakeshi in the village and began to assault them. According to the same source, they brutally beat the boys and forced them to confess the theft. But the boys never confessed the allegation but only cried out of pain and fear. The torture against the boys continued for four hours and Khokan Hembram finally became unconscious and fell on the ground. The henchmen took Khokan Hembram to a local primary health centre but when they arrived in the health care center they found that the boy was already dead. The hired men then immediately fled away leaving Khokan Hembram's body on the veranda of the health centre. Later, medical examinations brought to the confirmation of Khokan Hembram’s death and of the severe injury due to torture and the bad condition of the other two boys, Byasdev Dolui and Munna Das. The Officer- in- Charge (OIC) of the Sagardighi Police Station Mr. Sunil Pal stated that the police already knew the names of nine henchmen and would arrest all the perpetrators soon. Instead, only two of them, Swagatam Bandyopdhyay and Samu Adhikari, who belong to upper caste Hindu Brahmin, were arrested. However, it is reported that the police have not attempted to arrest the main perpetrator Ujjal Laha and he remains free even though his name is on the accused list. After learning the death of Khokan Hembram, hundreds of Adivasi people gathered and protested in front of the Sagardighi Police Station calling for immediate arrest of all the perpetrators. OMCT expresses its grave concern over this event. OMCT remains worried about the police inaction which leads to perpetrators’ impunity and points out the failure of the judicial system in India. OMCT would like to recall India, as a state party, that under article 37 (a) of the Convention on the Rights of the Child “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. Action requested Please write to the authorities in India urging them to: i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Byasdev Dolui and Mr. Munna Das; ii. order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring all of them to trial and apply the penal and/or civil sanctions as provided by law; iii. guarantee that adequate reparation is provided to the victims and their families; iv. guarantee the respect for human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards. Addresses

• Mr. Buddhadeb Bhattacharyya, Chief Minister and Home Minister 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


• Shri. A.P.J. Abdul Kalam, President of India, Rashtrapathi Bhavan, New Delhi –110001, INDA, Tel: +91 11 23015321, Fax: + 91 11 23017290 / 23017824 E-mail: presidentofindia@rb.nic.in


• Justice A S Anand, 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

Please also write to the embassies of India in your respective country. Geneva, September 15th, 2004 Kindly inform us of any action undertaken quoting the code of this appeal in your reply.