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Urgent campaigns / Urgent Interventions / India / 2014 / May

India: Lack of investigation into allegations of torture and ill-treatment and illegal detention suffered by Mr. Mafidul Islam

Case IND 010514

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

The International Secretariat of the World Organisation Against Torture (OMCT) requestsyour 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 illegal detention and torture of Mr. Mafidul Islam, a 30 year-old man from Jaykrishnapur, in West Bengal, in the framework of a police investigation. OMCT is concerned about the aforementioned allegations 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 pm at his house and taken into custody at the Jalangi Police Station. The police reportedly dragged him outside his house by assaulting him brutally before forcing him into their car (a Tata Sumo Car no WB 57/9052). The police neither informed Mr. Mafidul Islam about the reasons of his arrest, nor presented a memo of arrest. Moreover, he was detained for two days at Jalangi Police Station without being brought before any magistrate.

According to the same information received, Mr. Mafidul Islam was beaten on several occasions during his detention with a wooden stick on various parts of his body in order to obtain a confession. Several police 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 Chandan to beat Mr. Mafidul Islam.

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

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

The International Secretariat of OMCT expresses its concern about the physical and psicological integrity of Mr. Mafidul Islam and his family, and urges the competent authorites to guarantee their safety at all times and ensure that Mr. Mafidul Islam receives appropriate medical treatment and redress. OMCT is also gravely concerned about the circumstances surrounding his detention, in particular, in relation to the allegations of torture. The OMCT urges the competent authorities to suspend the police personnel believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.

OMCT recalls that the authorities have to fulfil their obligations under the Indian Constitution and 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 the right to liberty and security, to consider seriously any allegations of ill-treatment and arbitrary arrest, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions. OMCT also recalls that victims must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in India urging them to:

  1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mafidul Islam and his family;
  2. Guarantee that Mr. Mafidul Islam receives appropriate medical treatment;
  3. Carry out a prompt, effective, thorough, independent and impartial investigations into the alleged acts of ill-treatment and the circumstances of his illegal arrest and detention, 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;
  4. Suspend the police personnel believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.
  5. Ensure that adequate, effective and prompt reparation including adequate compensation and rehabilitation is granted to Mr. Mafidul Islam;
  6. 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, 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, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;

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, 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 H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. 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, 1 May 2014

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

Properties

Date: May 1, 2014
Activity: Urgent campaigns
Type: Urgent Interventions
Country: India
Subjects: Torture and violence

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