Lack of investigation into the gang rape of two women in West Bengal

The International Secretariat of the World Organisation Against Torture (OMCT) has received information and requests your URGENT intervention in the following situation in West Bengal, India.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable local source and Antenna International, a member of the SOS-Torture Network, about the ill treatment and the gang rape of Ms Radharani Ari, and Ms Malati Jana, in Nandigram, East Midnapur District, West Bengal.

On 18 April 2008, Ms Radharani Ari war sexually abused and raped by several men. She was treated at Government hospitals (first at Nandigram Block Hospital and then at the SSKM Medical College & Hospital) where the doctors did not examine her properly in order to report the ill-treatment she suffered. She and her family were finally welcomed by the human rights NGO MASUM which has provided her with medical and psychological assistance.

On 5 May 2008, Ms Malati Jana was assaulted by 5 to 7 men in her home while her husband was absent. They dragged her out of the house on the road while continuing beating her and raped her with various objects. She was let down beside a pond and finally rescued by two women. She was admitted in the Nandigram hospital on the same day but was examined only five days later on 10 May, making impossible to medically report the rape.

In both cases, problems have been identified regarding the hospital staff which did not register the two cases and consequently did not transfer them to the police, in spite of their penal responsibility to do it under sections 201 and 203 of the Indian Penal Code. In addition, no proper investigation has been conducted by the police. On 10 May 2008, Mr. Saha, Superintendent of Police, reprentatives of the West Bengal Human Rights Commission with the Deputy Superintendent of Police and other police officers went to the hospital and met with Ms. Malati Jana. However, those officers refused to meet with other victims including Ms. Radharani Ari.

According to the information received, these facts are not isolated cases but occurred in the context of violent events which have taken place in Nandigram related to the election process (see Background information below) and implied members of the ruling Communist Party of India Marxist (CPIM) as presumed perpetrators.

The International Secretariat of OMCT expresses its deep concern about the lack of due diligence to promptly investigate into these serious events, despite attempts by the local NGO MASUM to raise this issue with the National and West Bengal Commissions for Women, the National Commission on Human Rights, the Chief Secretary of the Government of West Bengal, the Director General & Inspector of Police in West Bengal, the Home Secretary Government of West Bengal, the Election Commissioner (New Delhi) and the Chief Election Commissioner (West Bengal).

OMCT recalls that according to article 7 of the International Covenant on Civil and Political Rights (ICCPR) to which India is a party, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Moreover, according to article 4(c) of the UN Declaration on the Elimination of Violence against Women, States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."

OMCT calls on the authorities to order a thorough and impartial investigation into these events in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also calls on the relevant authorities to issue measures of protection and to provide the victims with medical assistance.

Background information

Nandigram was already the theatre of political tension and violence in 2007. On 14 March 2007, security forces comprising State Police, Rapid Action Force, Eastern Rifles and other forces entered into the remote areas in Nandigram, allegedly to restore severed communication links with the region, which was under protest since January 2007. Villagers’ protests have started in the region following a project proposed by the Government of West Bengal to acquire land to set up a Special Economic Zone for a chemical hub. In order to disperse the protestation, the police reportedly used lathi (baton) charge and indiscriminate gun fire against the civilians. The excessive use of forces caused unidentified number of injured people and about 50 deaths, including women and children (See OMCT Press Release dated 21 March 2007).

Again, from mid-April to beginning of May 2008, members of and private militias owing allegiance to the ruling Communist Party of India Marxist (CPIM) violently assaulted residents of several villages in Nandigram aiming at intimidating them in view of the elections planned to take place on 10 May 2008, in Panchayat. Many voters’ identity cards were subsequently reportedly seized. Furthermore, reports indicate that, while in some cases police forced did not intervene to stop the violations, in other cases police forces were directly involved in the abuses (See OMCT Press Release dated 6 June 2008).

Action requested

Please write to the authorities in India urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Ms Radharani Ari and Ms Malati Jana, including access to appropriate medical assistance if necessary and ensure their protection;
2. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to the victims;
4. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standard.

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, 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
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• National Commission for Women, 4 Deen Dayal Upadhayaya Marg, New Delhi-110 002. Fax: +91-11-23236154. E-mail: ncw@nic.in
• Ashish Kumar Mitra, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi – 110003, Tel.: + 91 11 24362181, +91 11 24360016
• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• West Bengal Commission for Women, 10 Reiny Park, Kolkata - 19. E-mail: chairperson@wbcw.org
• Ambassador Extraordinary and Plenipotentiary Permanent Representative 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
• Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassies of India in your respective country.

Geneva, 13 June 2008

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