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INDIA: A suspicious death of a man who was in custody of the Belghoria police

October 7, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

7 October 2004
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UA-131-2004: INDIA: A suspicious death of a man who was in custody of the Belghoria police

INDIA: Illegal arrest; Custodial death
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its partner organization in West Bengal, Manabadhikar Suraksha Mancha (MASUM), about the custodial death of Mr. Barun Chattopadhyay at the Belghoria Police on 27-28 September 2004.

The police claim that the victim committed suicide in the lock-up by hanging himself, but the victim's family believe that the police are trying to cover up the actual circumstances of his death. The family reported that they found injuries on the victim's head and face, but the postmortem was conducted in haste and in an improper way. The family also complained that the police did not inform them about the victim's arrest, which is their mandate instructed by law. The family came to know about the victim's arrest, only after the police informed them about his death the next day. ?lt;br />
Your urgent intervention is required to urge the government of India to intervene in this case immediately. Please send a letter to the government of India demanding an immediate and thorough investigation into this case to find out the real circumstances of the victim's death. Please also request them to ensure that a postmortem of the victim should be conducted by qualified and independent doctors and that adequate compensation should be given to the victim's family.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Barun Chattopadhyay, 45 years old, married with two daughters, residing in No. 28, Abdul Latiff Street, Kolkata, Rathtala
Alleged perpetrators: Officers attached to the Belghoria Police Station
Dates of the incident: 27-28 September 2004
Place of the incident: Belghoria Police Station in North 24-Parganas, West Bengal, India

Case details:

Mr. Barun Chattopadhyay (45), popularly known as Pakhi in the locality, was arbitrarily arrested by the police on 27 September 2004, and found dead in the lock up at the Belghoria Police Station the following day.

Mr. Barun Chattopadhyay has been looking for employment after his workplace, the Bengal Pottery, closed down several years ago. In the morning of September 27, he left the house to seek work as usual. However, his family was informed by the Belghoria police the next day that he had committed suicide in the lock-up while he was in their custody.?

According to the police version, the police arrested Mr. Barun Chattopadhyay at a local liquor outlet at about 10:35pm on September 27, and put him into the lock up at the Belghoria Police Station. The police claimed that Mr. Barun Chattopadhyay was found dead on September 28, having hung himself with the string from his underwear.

However, Mr. Barun Chattopadhyay's family and his neighbors have challenged the details of the police report. The victim's family reported that when they saw the victim's body, they noticed there were injuries on his head and face. They added that there was an impression of a thick rope on the victim's neck, clearly larger than the string that the police insisted the victim had used for his suicide.

The family's suspicion was deepened when the postmortem of the victim was conducted in haste. They believe that the postmortem was conducted in favor of the police in connivance with the doctor, and that the police are trying to hush up the circumstances of the victim's death. However, the police still maintain their original statement that Mr. Barun Chattopadhyay committed suicide, and have refused to take any action to initiate inquiry into the incident.

The victim's family also argues that the police arbitrarily arrested Mr. Barun Chattopadhyay without any reason in order to reach the quota that is allocated to the police each month. The family insists that cannot think of any reason for the victim's arrest, as he had no criminal record. The family further argue that the police did not inform them about the victim's arrest which is the police's mandate strictly instructed by law. The family maintains that they only came to know about the victim's arrest the next day when the police informed them of his death. This act is in clear violation of D.K. Basu's judgment of Supreme Court reported in AIR 1997 SC 610 that strictly specifies the procedure of arrest by the police.?

After learning of the incident, outraged local people protested in front of the police station, calling for an immediate and thorough inquiry into the case and punishment of the culprits. Mr. Manas Mukhopadhyay, a local member of Legislative Assembly (M.L.A.) of Kamarhati, told the people that the police could not avoid their responsibility regarding this case and that he would intervene into this matter to find out the real circumstances of the victim's death. But no serious action has yet been taken by the police to investigate this case.?

The AHRC is deeply concerned about the custodial death of Mr. Barun Chattopadhyay. AHRC urges the government of India to order an immediate and proper inquiry into this case and take legal/disciplinary action against the responsible officers of the Belghoria Police Station. A proper and independent postmortem of the victim should be conducted by qualified doctors and its report should be accessible to the public, including the victim's family.

It is regular practice of all police stations in West Bengal that the police arbitrarily arrest innocent and poor people to fill up the quota. Ironically, the police have tried to show that they are vigilant and maintain law and order by way of allotting a definite number of arrests monthly, irrespective of the incidents.

SUGGESTED ACTION:
Please send a letter, fax, or an e-mail to the addresses below and express your concern about this case.

Sample letter:

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Dear Sir,

RE: INDIA: A man illegally arrested and died in the Belghoria Police Station

Name of the victim: Mr. Barun Chattopadhyay, 45 years old, married with two daughters, residing in No. 28, Abdul Latiff Street, Kolkata, Rathtala
Alleged perpetrators: Officers attached to the Belghoria Police Station
Dates of the incident: 27-28 September 2004
Place of the incident: Belghoria Police Station in North 24-Parganas, West Bengal, India

I am writing to you to bring to your attention the arbitrary arrest and custodial death of Mr. Barun Chattopadhyay (45) at the Belghoria Police Station on 27-28 September 2004.

The circumstances surrounding the victim's death are questionable. Even though the police claim that the victim committed suicide in the lock up, there are several elements of the victim's death which should be addressed. Based on the victim's family's testimony, first, injuries were found on the victim's head and face. Second, an impression of a thick rope was found on the victim's neck, contrary to the think string that the police said was used for the purpose of the victim's suicide. Third, the victim's family argues that the postmortem of the victim has been conducted in favor of the police in connivance with the doctor.

It has also come to my attention that the police arbitrarily arrested the victim in order to fill up the quota that was allocated to the police each month. In addition, there are irregularities in the police action regarding the procedure carried out whilst arresting the victim. The police did not inform the family about the victim's arrest, which is their mandate strictly specified by the D.K. Basu's judgment of Supreme Court.

In spite of all these allegations mentioned above, the Belghoria police have still refused to take any action to initiate inquiry into this case, merely repeating their view that the victim committed suicide in the lock-up.

I urge you to order an immediate and thorough inquiry into this case, so that the actual circumstances of the victim's death are revealed. I also urge you to ensure that a proper and independent postmortem of the victim be conducted by qualified doctors, and that the final report should be accessible to the public, including the victim's family. The allegation of attempts to cover up the case should be investigated by the independent investigating body, not by the local police, and responsible officer(s) should be brought to justice. I further request you to urge the relevant responsible authorities to provide compensation to the victim's family.

Sincerely yours,


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 Send a letter to:

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

2. Justice A. S. Anand
Chairman
National Human Rights Commission
Sardar Patel Bhaven, Sansad Marg,
New Delhi 110 001
INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in

3. Mr. Buddhadeb Bhattacharyya
Chief Minister and Home Minister
Government of West Bengal
Writers Buildings, Kolkata-1,
West Bengal
INDIA
Fax: +91 33 2214 5480

4. 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

5. 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

6. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Att: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

7. Ms Manuela Carmema Castrillo
Working Group on Arbitrary Detention
Chairperson
c/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-131-2004
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.