Home / News / Urgent Appeals / INDIA: Man dies in jail after prison wardens set him alight

INDIA: Man dies in jail after prison wardens set him alight

November 26, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
 
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
 
26 November 2004
----------------------------------------------------------------------
UA-166-2004: INDIA: Man dies in jail after prison wardens set him alight
 
INDIA: Inhuman torture; Custodial death; Floored investigations
---------------------------------------------------------------------
 
Dear friends,
 
The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that Mr Abhijnan Basu, a prisoner at Presidency Jail Kolkata, has died on 19 November 2004 due to burn injuries to 90 per cent of his body, after he was set alight by prison wardens on November 12.
 
It is alleged that Abhijnan had earlier complained about conditions in the prison and that the guards did no appreciate such an attitude from a prisoner.  On the morning of 12 November 2004, Abhijnan was approached by the jailor and several prison wardens, who quickly overpowered him and doused him in diesel.  They immediately set Abhijnan on fire, who fled the scene shouting in agony.  Abhijnan was transferred to the SSKM Hospital in Kolkata where he spent 8 days receiving treatment for his burns.  However, on November 19 Abhijnan succumbed to his injuries.
 
While an inquiry is in progress in relation to this case, it is being carried out by prison officials, and therefore its legitimacy is highly questionable.  Though the inquiry has not been complete, the Inquiring Officer has already provided a statement to the media that the jail authorities are not at fault. 
 
Therefore, we write to you asking that you intervene into this matter.  We ask that you write a letter to Shri Biswanath Choudhury, Minister in Charge of the Department of Jails, West Bengal state government, demanding an impartial and independent investigation be conducted into this matter without delay.  We ask that you demand full legal action be taken against them, if it is found that the jailor and prison guards are responsible for Abhijnan's torture and death.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
---------------------------------------------------------
 
DETAILED INFORMATION:
 
Name of victim: Abhijnan Basu, 40 years old
Place of incident: Presidency Jail, Kolkata, West Bengal, India
Alleged perpetrators: The jailor and three prison wardens attached to Presidency Jail, Kolkata
Date of incident: 12 November 2004
Date of the victim's death: 19 November 2004
 
Case details:
 
This incident took place in one of the more high profile jails in West Bangal, the Presidency Jail, Kolkata. Abhijnan Basu, a prisoner serving a life sentence for a murder committed on 28 April 1992, had previously complained to prison officials about illegal and unfair activities that were occurring in the jail, such as the reduction of poor quality of food served to the prisoners in the jail.  The officials did not welcome such complaints, and because of this Abhijnan believed that the prison authorities did not like him and wished to silence his protests. 
 
According to testimony taken by Abhijnan, on the morning of 12 November 2004, he was overpowered by three prison wardens on the instruction of the jailor.  They then proceeded to pour diesel over his body, before setting him alight.  Abhijnan immediately fled the scene, screaming in agony from the flames upon his body. 
 
Abhijnan was taken to the MR Bangur Hospital before being taken to the SSKM Hospital when his condition worsened.  For eight days, Abhijnan remained in hospital in a critical condition having suffered burns to 90 per cent of his body.  On 19 November 2004, Abhijnan succumbed to his injuries and died in hospital.
 
The prison authorities have a different version of events regarding this incident, though there are several flaws in their statements.  According to the prison authorities, Abhijnan committed suicide and was not set on fire by others as he claimed.  Despite such a claim, the authorities could not explain how Abhijnan came to possess diesel and matches inside the jail premises.  The authorities also referred to a psychological disorder and bad conduct by Abhijnan, but failed to provide evidence of such behaviour.  When asked to provide medical evidence of the psychological disorder they had referred to, the authorities could not provide any such thing. 
 
While an inquiry has begun into this case, it is being conducted by a prison official and therefore its legitimacy is highly questionable.  Inspector General (Prisons) Mr Joydeb Chakrabarty is responsible for this inquiry.  Though the inquiry has not been complete, the Inquiring Officer has already provided a statement to the media that the jail authorities are not at fault. According to Mr Chakrabarty, "the lifer set himself on fire at the backyard of the jail recreational hall at around 7:00am after prisoners were released from their wards.  Jail officials rushed to his rescue and doused the flames with blankets…later, at the hospital he (Abhijnan) complained that he wasn't given proper food, that there was negligence in treatment of his previous ailments and that he was denied permission to fix a loudspeakers in his ward on Kali Puja (one of the festivals of Bengal) night".   Mr Chakrabarty also added that Abhijnan "was a trouble-maker...(who)…invariably refused food and used foul language.  He was also a confirmed drug addict.  Because of which he was shifted from one jail to another on several occasions".
 
It would appear that despite the inquiry having not been completed yet, Mr Chakrabarty has concluded in his own mind that Abhijnan is responsible for his own death and that the prison authorities are in no way at fault.  Is this a fair and due process of inquiry? Should a person directly linked with the prison authorities, be responsible for carrying out inquiries into their behaviour? 
 
 
SUGGESTED ACTION:
 
Please send a letter to Shri Biswanath Choudhury, Minister in Charge of the Department of Jails, West Bengal state government, requesting him to take immediate steps to have this matter properly investigated.  Please also send copies of that letter to those persons listed below.
 
PLEASE SEND A LETTER TO:
 
Shri Biswanath Choudhury
Minister in charge of the Department of Jails
Attn: Dr.  P. K. Agrawal IAS (Secretary)
Government of West Bengal
Writers' Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
Tel: +91 33 2214 3220 Extn. 4782 or 4841 / 2214 4012 (Secretary)
Fax: +91 33 2214 5504
E-mail: micjail@wb.gov.in or secjail@wb.gov.in (Secretary)
 
PLEASE SEND COPIES TO:
 
1. Shri Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

2. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

3. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi - 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: mailto:chairnhrc@nic.in
 
4. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
 
5. 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
 
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)


Suggested letter:
 
Shri Biswanath Choudhury
Minister in charge of the Department of Jails
Attn: Dr.  P. K. Agrawal IAS (Secretary)
Government of West Bengal
Writers' Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
 
Dear Shri Biswanath Choudhury,
 
Re: INDIA: Man dies in jail after prison wardens set him alight
 
Name of victim: Abhijnan Basu, 40 years old
Place of incident: Presidency Jail, Kolkata, West Bengal, India
Name of perpetrators: The jailor and three prison wardens attached to Presidency Jail, Kolkata
Date of incident: 12 November 2004
Date of the victim's death: 19 November 2004
 
I am deeply concerned to hear of the death of a man at the Presidency Jail in Kolkata, following an alleged attack by the jailor and prison wardens that left the victim with burns to 90 per cent of his body.
 
According to the information I have received, Abhijnan Basu, a prisoner at the Presidency Jail, Kolkata serving a life sentence for murder, was doused in diesel by the jailor and prison wardens and then set alight on 12 November 2004.  The horrific burns he received due to this attack meant that Abhijnan required immediate hospital treatment.  Eight days after being hospitalised, Abhijnan succumbed to his injuries and died on November 19.
 
While I am aware that prison authorities have a substantially different version of events, claiming that Abhijnan committed suicide, there is no evidence to support such a position.  However, if they continue to stand by their claim that Abhijnan committed suicide, I would ask that they explain how a prisoner had access to diesel and matches inside the jail premises. 
 
I am also disturbed by the current standard of inquiry taking place into this case.  While I appreciate that an inquiry is being conducted, the manner in which it is, is highly questionable.  Not only is the inquirer directly linked to the prison and prison authorities himself, but he has already publicly stated the guilt of Abhijnan and the innocence of the prison wardens, despite not having completed his inquiries.  I am forced to question the impartiality and legitimacy of such an inquiry.
 
I trust that you will take immediate and genuine steps to ensure that this case is dealt with properly.  I ask that you ensure an impartial and independent inquiry is conducted without delay. If it is found that the jailor and prison guards are responsible for Abhijnan's torture and death, I trust that you demand full legal action be taken against them.  Further, full compensation should be provided to the victim's family, if it is found that prison authorities contributed to Abhijnan's death.  Finally, I urge the Government of India to ratify the Convention against Torture and immediately implement domestic legislation relevant to this Act. 
 
Yours sincerely,
 
 
----------------------
 
 
Thank you.
 
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-166-2004
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.