Allegations of torture and ill-treatment/ Arbitrary detention/ Risk ofimpunity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requestsyour URGENT intervention in the following situation in India/West Bengal.

Briefdescription of the situation

The International Secretariat of OMCT has beeninformed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCTSOS-Torture Network, about the illegal detention and torture of Mr. MafidulIslam, a 30 year-old man from Jaykrishnapur, in West Bengal, in theframework of a police investigation. OMCT is concerned about the aforementionedallegations and the lack of a proper investigation thereupon.

According to the information received, Mr.Mafidul Islam was illegally detained by the police on 18 March 2014 at 11.45 pmat his house and taken into custody at the Jalangi Police Station. The policereportedly dragged him outside his house by assaulting him brutally beforeforcing him into their car (a Tata Sumo Car no WB 57/9052). The police neitherinformed Mr. Mafidul Islam about the reasons of his arrest, nor presented amemo of arrest. Moreover, he was detained for two days at Jalangi PoliceStation without being brought before any magistrate.

According to the same information received,Mr. Mafidul Islam was beaten on several occasions during his detention with awooden stick on various parts of his body in order to obtain a confession. Severalpolice officers were reportedly involved notably Mr. Dulal Biswas,Sub-inspector of Police of Jalangi Police Station and Mr. Arijit Singh,Sub-Divisional Police Officer, Domkal, who ordered his body guard named Chandanto beat Mr. Mafidul Islam.

On 20 March 2014, Mr. Mafidul Islam was releasedfrom the police station. Due to the torture, he reportedly suffered from traumaand injuries such as swelling and hematomas on several parts of his body. Hewas allegedly unable to stand on his feet. Upon his release, he was immediatelyhospitalised at Sadikhan¹s Rural Hospital for about ten days.

In the meantime, on 26 March 2014, Mr. MafidulIslam’s father lodged a complaint before the Superintendent of Police ofMurshidabad about the illegal arrest and the allegations of torture. However,at the time of issuing this urgent appeal no investigation had been carried outinto these allegations.

The International Secretariat of OMCT expresses itsconcern about the physical and psicological integrity of Mr. Mafidul Islam andhis family, and urges the competent authorites to guarantee their safety at alltimes and ensure that Mr. Mafidul Islam receives appropriate medical treatmentand redress. OMCT is also gravely concerned about the circumstances surroundinghis detention, in particular, in relation to the allegations of torture. TheOMCT urges the competent authorities to suspend the police personnel believedto be responsible for the allegations of torture and ill-treatment, pending aninvestigation.

OMCT recalls that the authorities have to fulfil theirobligations underthe Indian Constitution and under international human rights law toprotect the right not to be subjected to torture or other cruel, inhuman ordegrading treatment or punishment and the right to liberty and security, toconsider seriously any allegations of ill-treatment and arbitrary arrest, andto undertake a prompt, effective, thorough, independent andimpartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions. OMCT also recalls that victims must be ensured theright to an effective remedy for the human rights violations suffered as wellas the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in Indiaurging them to:

1. Guarantee, in all circumstances, the physical and psychologicalintegrity of Mr. Mafidul Islam and his family;
2. Guaranteethat Mr. Mafidul Islam receives appropriate medical treatment;
3. Carry out a prompt, effective, thorough, independent and impartialinvestigations into the alleged acts of ill-treatment and thecircumstances of his illegal arrest and detention, the result of which mustbe made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;
4. Suspendthe police personnel believed to be responsible for the allegations oftorture and ill-treatment, pending an investigation.
5. Ensure that adequate, effective and prompt reparation including adequatecompensation and rehabilitation is granted to Mr. Mafidul Islam;
6. Guarantee the respect of human rights and the fundamental freedomsthroughout the country in accordance with national laws and internationalhuman rights standards.

Addresses

Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India.Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in;

Ø Mr. Sushil Kumar Shinde, Union Minister of Home Affairs, Ministryof Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 23092979;

Ø Justice Rajendra Mal Lodha, Chief Justice of India, Supreme Court,Tilak Marg, New Delhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in;

Ø Justice K. G. Balakrishnan,Chairperson of the National Human Rights Commission of India, Faridkot House,Copernicus Marg, New Delhi 110 001, India. Fax: +91 11 2334 0016 / 2338 4863,Email: covdnhrc@nic.in; ionhrc@nic.in;

Ø Mr. Naparajit Mukherjee, Chairperson, West Bengal Human Rights Commission,Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 2337 7259 / 2479 7750,Email: wbhrc8@bsnl.in

Ø Governor Mayankote Kelath Narayanan, West Bengal, Raj Bhavan,Kolkata – 62, Phone: +91 33-2479 7259, Fax: +91 33 2479 9633 / 2479 7750, Email: secy-gov-wb@nic.in

Ø Miss Mamata Banerjee, ChiefMinister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1,Fax - +91 33 22145480, Email: cm@wb.gov.in, sechome@wb.gov.in;

Ø H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to theUnited Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also write to the diplomatic mission or embassyof India in your respective country.

Geneva, 1 May 2014

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