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Urgent campaigns / Urgent Interventions / India / 2011 / September

India: Alleged ill-treatment inclusive severe beatings against Mr. Dhiren Mahato by members of the police and Joint Force in West Bengal

Case IND 150911

Alleged ill-treatment/ Unlawful arrest/ No proper investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the severe beatings suffered by Mr. Dhiren Mahato, from the village of Nuniakundari, by members of the police and Joint Force, in West Medinipur district, West Bengal.

According to the information received, on 17 July 2011 at about 1 pm, Mr. Dhiren Mahato was at the Bodhna Market, in the village of Bodhna, when several policemen from the Manikpara Police outpost and members of the Joint Force (which combines, among others, members of the Border Security Force, the Central Reserve Police and state security forces) surrounded the market and started to interrogate the people there. Mr. Dhiren Mahato was reportedly forced into one of their vehicles after he informed that he was from the village of Nuniakundari and not from Bodhna. When he first refused to enter the car, the security forces allegedly severely beat him all over his body with lathi (wooden sticks). He was then reportedly taken to the Joint Force operation station, without any memo of arrest or being informed of the reasons for his arrest. He was allegedly again beaten at the said operation station.

According to the same information received, Mr. Dhiren Mahato’s family was not informed about his arrest for more than two days. Family members tried to locate him but the police at Manikpara out post and at Jhargram denied any arrest. On 19 July 2011, Mr. Dhiren Mahato’s mother submitted a written complaint before the Sub-Divisional Office, Jhargram on the illegal detention of her son. It was only later that same day that Mr. Dhiren Mahato’s family came to know that he had been brought by the Jhargram Police before the court of the Additional Chief Judicial Magistrate, Jhargram, and that he was accused of being a Maoist activist in a pending criminal complaint. However, it is reported that Mr. Dhiren Mahato’s name was not even mentioned in the complaint.

Mr. Dhiren Mahato was later transferred to the Jhargram Correctional Home, where he remains detained pending trial. He has reportedly access to a lawyer and his family.

OMCT is gravely concerned about the aforementioned allegations and therefore calls on the competent authorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

Action requested

Please write to the authorities in India/ West Bengal urging them to:

i.                     Guarantee, in all circumstances, the physical and psychological integrity of Mr. Dhiren Mahato and of his family;

ii.                   Guarantee unrestricted access to his lawyer, his family and any necessary medical care and treatment that he may require;

iii.                  Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

iv.                 Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;

iii.        Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to Mr. Dhiren Mahato; 

iv.        Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses 

Ø      Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;

Ø      Mr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: + 91 11 2309 2979;

Ø      Hon'ble Mr. Justice S.H. Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792,  Email: supremecourt@nic.in ; 

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

Ø      Jusice N. C. Sil, Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax: + 91 33 24799633, Email: wbhrc@cal3.vsnl.net.in ;

Ø      M. K. Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: + 91 33 2200 2444 / + 91 33 2200 1649, secy-gov-wb@nic.in ;

Ø      Mr. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax: + 91 33 22145480, Email  cm@wb.gov.in ; sechome@wb.gov.in ;

Ø      Permanent Mission of India 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

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

*******

Geneva, 15 September 2011

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

 

 

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Date: September 15, 2011
Activity: Urgent campaigns
Type: Urgent Interventions
Country: India
Subjects: Arbitrary arrests and enforced disappearances, Justice system, Police, Military and Paramilitary, Torture and violence

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