INDIA: Human rights defenders and victims of human rights violations arrested by West Bengal Police during a protest meeting 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-237-2005
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the arrest of various human rights defenders working in West Bengal along with victims of human rights violations on 9 December 2005, the next day being the Universal Human Rights Day.

The human rights defenders and victims were silently protesting in front of the Writer’s Building (the state government secretariat) against government inaction and gross human rights violations such as custodial torture, faulty investigation procedures and delays in the justice system, eviction of poor from certain areas, state neglect and denial of malnutrition and starvation cases, many of which have resulted in deaths. The twenty-two arrested people were thrown into police vans and taken to the Lalbazar central lock up where the arrestees demanded that the police produce a memo of arrest. They were however soon released after each of them signed a personal release bond.

The AHRC condemns this police action. The state is rife with incidents of gross violations and related systemic problems mostly dealt with inefficiently by the state administration and the law enforcement authorities. We only wish that the authorities would display such fervor in addressing these issues, instead of attacking those very people who focus on them. We also wish that they were more in touch with the victim’s problems and supportive of the work of human rights defenders and non-governmental organisations rather than discrediting them. It is also to be noted that arresting persons without an arrest memo and without informing the arrestees of the reasons for it is a breach of law by itself and action should be taken against the police personnel responsible for this.

Urgent Appeals Programme
Asian Human Rights Commission
————————————————————-

DETAILED INFORMATION:

Name of the victims:
1. Mr. Kirity Roy, Secretary, Masum
2. Mr. Abhijit Datta, Advocate, Assistant Secretary, Masum
3. Mr. Pradip Mukherjee, Office Assistant, Masum
4. Mr. Mukhtar Ahmed, Titagarh
5. Mr. Gopen Sharma, Jalangi
6. Mr. Faizuddin Biswas, victim of hunger, Jalangi, Murshidabad
7. Mr. Pintu Biswas, (physically handicapped) victim of hunger, Jalangi,  Murshidabad
8. Ms. Shyamali Haldar, victim of hunger, Jalangi, Murshidabad (lost her 18 month son due to starvation)
9. Mr. Nirmal Karmakar, Secretary of Deganga unit of APDR
10. Mr. Phanigopal Battacharjee, Secretary of Indo Japan Steels Workers Union & Working President of Sramajibi Hospital, Belur
11. Achintya Chatterjee, worker of IJSL
12. Nripen Chandra Kangsabanik, worker of IJSL
13. Swapan Roy, worker of IJSL
14. Swapan Paul, worker of IJSL
15. Bhola Patra, worker of IJSL
16. Narayan Debnath, worker of IJSL
17. Gour Hari Pradhan, worker of IJSL
18. Ms. Lakhsami Sahoo, mother of Mousumi Ari, a victim of improper investigation procedures
19. Ms. Matangani Sahoo, aunt of Mousumi Ari
20. Mr. Sukumar Sahoo, father of Mousumi Ari
21. Mr. Subodh Sahoo uncle of Mousumi Ari
22. Mr. Dipankar Mitra of Actionaid International, Kolkata chapter
Date and time of incident:  9 December 2005, at around 3 p.m
Place of incident: In front of the Writers building, Kolkata
Alleged perpetrators: Kolkata Police

Case details:

On 9 December 2005, various human rights activists from West Bengal along with victims of hunger and starvation from Jalangi, Murshidabad District decided to hold a silent protest meeting to voice their dissent over government inactions and rights violations. There concerns were focused specifically on custodial torture, faulty investigation procedures and delays in the justice system, eviction of the poor from certain areas, state neglect and denial of malnutrition and starvation cases, which have led to many deaths.

The protest marked the Universal Human Rights Day and the protesters decided that they would all carry posters and light candles, but there would be no shouting of any slogans.

However, during the course of this meeting, at about 3 pm, the Kolkata police, including some police officers of the Hasings police station arrested the silent protesters without any memo of arrest and threw them into police vans. The twenty-two arrestees were then taken to the Lalbazar central lock up, which is the head quarters of the Kolkata police. Here, the protesters once again demanded that they be shown the memo of arrest but the police told them that since they would be releasing them there was no need for a memo.

The protesters were then released after each of them signed a personal release bond. In the bond, the case number was not mentioned.

SUGGESTED ACTION:

Please write to the various authorities listed below expressing your concerns over the police action in this case wherein they arrested innocent people without any arrest memo and gave them no reasons for doing so.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ______________,

INDIA: Human rights defenders and victims of human rights violations arrested by West Bengal Police during a protest meeting

Name of the victims:  
1. Mr. Kirity Roy, Secretary, Masum 
2. Mr. Abhijit Datta, Advocate, Assistant Secretary, Masum 
3. Mr. Pradip Mukherjee, Office Assistant, Masum 
4. Mr. Mukhtar Ahmed, Titagarh 
5. Mr. Gopen Sharma, Jalangi 
6. Mr. Faizuddin Biswas, victim of hunger, Jalangi, Murshidabad 
7. Mr. Pintu Biswas, (physically handicapped) victim of hunger, Jalangi,  Murshidabad 
8. Ms. Shyamali Haldar, victim of hunger, Jalangi, Murshidabad (lost her 18 month son due to starvation) 
9. Mr. Nirmal Karmakar, Secretary of Deganga unit of APDR 
10. Mr. Phanigopal Battacharjee, Secretary of Indo Japan Steels Workers Union & Working President of Sramajibi Hospital, Belur 
11. Achintya Chatterjee, worker of IJSL 
12. Nripen Chandra Kangsabanik, worker of IJSL 
13. Swapan Roy, worker of IJSL 
14. Swapan Paul, worker of IJSL 
15. Bhola Patra, worker of IJSL 
16. Narayan Debnath, worker of IJSL 
17. Gour Hari Pradhan, worker of IJSL 
18. Ms. Lakhsami Sahoo, mother of Mousumi Ari, a victim of improper investigation procedures 
19. Ms. Matangani Sahoo, aunt of Mousumi Ari 
20. Mr. Sukumar Sahoo, father of Mousumi Ari 
21. Mr. Subodh Sahoo uncle of Mousumi Ari 
22. Mr. Dipankar Mitra of Actionaid International, Kolkata chapter
Date and time of incident:  9 December 2005, at around 3 p.m
Place of incident: In front of the Writers building, Kolkata
Alleged perpetrators: Kolkata Police

I am extremely disturbed to learn about the arrest of various human rights defenders working in West Bengal along with victims on 9 December 2005, the next day being the Universal Human Rights Day.

The human rights defenders and victims were silently protesting in front of the Writer’s Building (the state government secretariat) against government inaction and gross human rights violations such as custodial torture, faulty investigation procedures and delays in the justice system, eviction of poor from certain areas, state neglect and denial of malnutrition and starvation cases, many of which have resulted in deaths.

The twenty-two arrested people were thrown into police vans and taken to the Lalbazar central lock up where the arrestees demanded that the police produce a memo of arrest. They were only released after each of them signed a personal release bond.

I condemn this police action. The state is rife with incidents of gross violations and related systemic problems, mostly dealt with inefficiently by the state administration and the law enforcement authorities. I only wish that the authorities would display such fervor in addressing these issues, instead of attacking those very people who focus on them. I also wish they were more in touch with the victim’s problems and supportive of the work of human rights defenders and non-governmental organisations rather than discrediting them. It is also to be noted that arresting persons without an arrest memo and without informing the arrestees of the reasons for it is a breach of law in itself and action should be taken against the police personnel responsible for this.

Yours sincerely,
-------------------------------------

PLEASE SEND A LETTER TO:

1. Mr. Buddhadeb Bhattacharjee
Chief Minister 
Government of West Bengal
Writers Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R) 
Fax: +91 33 2214 5480 / 2214 1341 
Email: cm@wb.gov.in , cm@writerscal.gov.in 

2. Mr. Subhash Awasthi
Director 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 

3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata – 700027
West Bengal
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
 
4. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001

5. Ms. Hina Jilani 
Special Representative of the Secretary General for human rights defenders 
Att: Ben Majekodunmi 
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88 
Fax: +41 22 917 9006 
E-mail: bmajekodunmi@ohchr.orgailsechome@wb.gov.in 

6. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-237-2005
Countries : India,
Issues : Human rights defenders,