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INDIA: Torture by pouring acid on the suspect in West Bengal

October 15, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

15 October 2007
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UA-296-2007: INDIA: Torture by pouring acid on the suspect in West Bengal

INDIA: Custodial torture; impunity; inappropriate government actions
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation based in Howrah, West Bengal regarding the case of a person who was tortured by the local police by pouring acid on the suspect. It is reported that the victim, an iron scrap dealer was taken into custody, brought to the police station and as he was being questioned the police officer poured acid into the person's rectum.

CASE DETAILS:

Mr. Giasuddin Mandol is an iron scrap dealer from the North 24 Parganas district of West Bengal. On August 2, 2007 at about 7:30pm, the Sub Inspector of Police Mr. Ayub Ali from Deganga Police Station along with other officers came to Mandol's shop and took him into custody.

Mandol was later brought to the police station. At the station, the Inspector in Charge Mr. Julfikaqr Ali Mollah started questioning Mandol. After a while the officer forced Mandol's head under a table in the police station and poured/sprayed some acidic liquid into Mandol's rectum through his anus. It is reported that Mandol who suffered intense burn from the liquid started bleeding through his anus.

Two days later, that is on August 4, 2007 Mandol was sent to Biswanathpur Hopsital for medical checkup. But the medical checkup was not done properly and Mandol was under threat not to complain to the doctor about his bleeding. On the same day after the medical checkup Mandol was produced at the Barasat Magistrate Court. Mandol was produced in the court as a suspect in case number 154 of August 4, 2007 registered at the Deganga Police Station. The charge leveled against him was under Section 399 [making preparations for dacoity] and Section 402 [assembling people with an intention to commit dacoity] of the Indian Penal Code, 1860 read with Section 25 (1) a [possessing or carrying firearms or ammunition without license] of the Indian Arms Act, 1959.

The Magistrate ordered judicial remand for Mandol till August 13, 2007. The Magistrate also ordered for the treatment for Mandol at the Jail hospital. But at the prison he Mandol was sent to R. G. Kar Medical College and Hospital on August 13, 2007 since Mandol's condition was serious. At this hospital Mandol underwent a surgery on the same day and was later returned to the prison. On September 3, 2007 Mandol was allowed bail and was released the next day.

Later the local police also implicated Mandol with two additional cases; case 57 and case 58 dated March 17, 2007 of Deganga Police Station. A local human rights organization, the Committee of Protection of Democratic Rights came to know about Mandol's case and organised a protest meeting, locally, against Mandol's treatment at the police station. The organisation as well as the victim has lodged a complaint against ill-treatment at the State Human Rights Commission. Later the victim and the local organisation contacted MASUM for help.

SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern about the incident and calling for an urgent intervention in the case. The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Torture calling for an intervention in this case.

To support this appeal, please click here:

Sample letter:

Dear __________,

INDIA: Torture by pouring acid on the suspect in West Bengal

Name of the victim: Mr. Giasuddin Mandol, son of Alauddin Mandol, residing at Basudevpur, Chaurasi post, Deganga Police Station, 24 North Parganas district, West Bengal
Name of alleged perpetrators:
1. Mr. Julfikar Ali Mollaha, Inspector in Charge, Deganga Police Station, 24 North Parganas district, West Bengal
2. Mr. Ayub Ali, Sub Inspector of Police, Deganga Police Station, 24 North Parganas district, West Bengal
Date of incident: 2 August 2007 at Deganga Police Station

I am writing to express my concern regarding the case of Mr. Giasuddin Mandol, son of Alauddin Mandol, residing at Basudevpur, Chaurasi post, Deganga Police Station, 24 North Parganas district, West Bengal. I am informed that Mandol was arrested on August 2, 2007 by the 2nd perpetrator named above from his shop and was taken to the police station. I am informed that at the police station Mandol was tortured by the 1st perpetrator named above and that acid was poured into the victim's rectum. I am aware that the victim suffered serious burns from the acid and started to bleed through his anus soon.

I am aware that the victim was taken to the hospital two days later and produced in court. I am informed that the victim did not get a proper treatment at the first instance and was remanded to judicial custody by the Magistrate. Form the judicial remand, since the victim's condition was deteriorating, he was produced at the R.G. Kar Medical College and Hospital on August 13 where he had to undergo a surgery to treat his wounds. He was released later on September 4, 2007.

I am concerned to know about the treatment that was meted out against the victim at the police station. I am worried about such atrocious acts committed against suspects in the police station, which are often left off without proper inquiries. I am aware that in this case the local police have violated several procedural safeguards that they must have followed after arresting a person. I am also shocked to know about the extent to which the local police have gone to commit violence upon a suspect, which to me is a reflection of the state in which the policing is in India.

I therefore urge you to take appropriate steps so that and enquiry is ordered into this case. I further request you to ensure that appropriate compensation is paid to the victim and that all future expenses for the victim for his treatment are met with by the state. The police officers responsible for the torture must be punished and steps must be initiated so that similar cases do not repeat.

I hope that you will take appropriate actions in this case at the earliest.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Honorable Chief Justice
Calcutta High Court
Kolkata, West Bengal
INDIA
Fax: 91 33 22429158

2. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

3. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

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

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

6. Justice Mr. Rajendra Babu
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
Email: chairnhrc@nic.in 


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-296-2007
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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.