INDIA: Local police officers suspected to be behind the disappearance of a husband and wife in West Bengal

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-263-2007
ISSUES: Arbitrary arrest & detention, Enforced disappearances and abductions, Inhuman & degrading treatment, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation based in West Bengal, India regarding the illegal detention, alleged custodial torture, severe ill-treatment and subsequent disappearance of a woman and her husband. It is alleged that the lady was taken into custody, detained for 10 days, tortured, severely ill-treated and later released by the police. It is also alleged that the lady, who was admitted in the hospital, is now missing along with her husband. It is feared that local police officers are behind their disappearance.

CASE DETAILS:

Mrs. BB [name changed] was taken into custody at about 3:00pm on 16 May 2007 by the officers stationed at Gaighata Police Station. BB’s husband and her father-in-law were wanted by the police and it is believed that the officers who came to BB’s house were looking for them. Upon finding that her husband was ill and bedridden they took BB into custody and after arrest she was detained for ten days without being produced in a court. BB was later released on 25 May 25 2007.

Once BB returned home, her husband found that she had suffered injuries while in custody. When asked, BB informed her husband that she was continuously tortured while in custody and even humiliated by the police officers. Hearing her story, BB’s husband took her to the Sub-Divisional Criminal Court at Bongaon. A villager took the initiative to inform the local Member of the Legislative Assembly Mr. Jyotipriyo Mallik about the incident.

At the court BB and her husband consulted advocates Mr. Sameer Das and Mr. Amolesh Sur. The lawyers advised BB and her husband to admit BB to a hospital for medical check-up. Accordingly BB was admitted to the Dr. J. R. Dhar Sub-Divisional Hospital, in Bongaon at North 24 Parganas district on May 25, 2007 to the Female Surgical Ward. Her admission number is PN10948.

According to the hospital register BB was admitted on May 25, 2007 at about 4:10pm. BB’s husband remained with her at the hospital. However, according to the report provided by MASUM, at about 1:30am on the following day, approximately an hour after midnight; BB was taken out of the hospital by seven policemen who came in a white car and a police vehicle.

When Mr. Susanta Das, the villager who assisted BB to get admitted in the hospital and also to meet the lawyers, returned to the hospital on May 26, he was surprised to find that BB and her husband were not there. Mr. Das enquired as to BB’s whereabouts from the duty nurse. The nurse informed Das that BB left with her husband and that the nurse did not know anything further.

The Superintendent of the hospital informed MASUM that BB was treated by the gynecologist and later by a physician who advised BB to be shifted to the Surgical Department on May 26. The Superintendent also informed that BB was released after obtaining her husband’s left thumb impression.

MASUM alleges in their fact finding report that BB and her husband was taken into custody by the police from the hospital. MASUM’s investigations contain enough information to logically conclude that BB and her husband were taken into custody by Mr. Tushar Kar, the Officer-in-Charge of Gaighata Police Station who arrived at the hospital accompanied by six of his subordinate officers.

Any further information regarding this case may be obtained from:

Mr. Kirity Roy
President, Banglar Manabadhikar Suraksha Mancha (MASUM)
26 Guitendal Lane, Howrah 711101
West Bengal INDIA
Fax : +91-33-2640 4118
Phone: +91-33-2640 4520 
e. mail : kirityroy@gmail.com

SUGGESTED ACTION:
Please send a letter to authorities in West Bengal asking them to intervene in this case. The AHRC is writing a separate letter to the United Nations Working Group on Enforced or Involuntary Disappearances calling for an intervention in this case.

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

SAMPLE LETTER

Dear __________,

INDIA: Please immediately intervene to ensure the safety of a husband and wife who has disappeared from the hospital in West Bengal

Name of victims: Mrs. BB [name concealed] and her husband residing at Dogachia village in North 24 Parganas district of West Bengal
Alleged perpetrators: Mr. Tushar Kar, Officer-in-Charge of Gaighata Police Station, North 24 Parganas and other police officers
Place of disappearance: Dr. J. R. Dhar Sub-Divisional Hospital, Bongaon, North 24 Parganas district, West Bengal (admission number PN 10948 at the hospital’s female surgical ward)
Date of incident: 26 May 2007

I am writing to express concern about the case of Mrs. BB and her husband who have disappeared from Dr. J. R. Dhar Sub-Divisional Hospital, Bongaon, North 24 Parganas district, West Bengal on May 26, 2007. It is alleged that BB was admitted to the hospital the previous day after her husband came to know that she was tortured and severely ill-treated by the police officers named above. BB was in custody for 10 days since she was taken into custody from her house on May 16, 2007 and released on May 25, 2007.

I am informed that BB was detained in custody since arrest and was ill-treated severely in custody. I am also informed that BB was not produced in court during her detention at the police station. I am also informed that BB was admitted at the Dr. J. R. Dhar Sub-Divisional Hospital, Bongaon, North 24 Parganas district, West Bengal on May 26, 2007. I am aware that BB and her husband has mysteriously disappeared from the hospital the next day and allegedly taken into custody by the police officers named above from the hospital.

I am concerned about this case and therefore urge you to intervene in this case to make sure that BB and her husband safely return home. I also request you to take all necessary steps so that the whereabouts of BB and her husband is made known to their relatives.

I further urge you to inquire this case to find out whether BB was tortured and ill-treated while in custody. If the officers named above are found guilty of forced disappearance and custodial violence they must be immediately removed from service and punished.

I trust that you will take action in this case.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

2. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328

3. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

4. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)