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UPDATE (India): Bodies of victims decompose in Barasat morgue before being sent to Bangladesh

November 17, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
17 November 2005

[Re: UA-179 -2005: INDIA: Five men beaten to death by villagers in Barasat, West Bengal
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UP-138-2005: UPDATE (India): Bodies of victims decompose in Barasat morgue before being sent to Bangladesh

INDIA: Torture; murder; government inaction; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received further information regarding the case of the five men who were beaten to death by a mob of villagers after they were suspected of having stolen motorcycles in Barasat, West Bengal on 2 October 2005.

According to the latest information received, the dead bodies of the five victims were kept in the District Hospital Morgue, Barasat, 24 Parganas (N) for so long and without proper methods of preservation that they decomposed.

Mr.Manoj Pant, the District Magistrate of 24 Parganas (N) wrote to the District Magistrate, Jessore District, Bangladesh who confirmed that the deceased belonged to Jessore District. However, though the bodies were actually waiting to be released from the morgue to be sent to Bangladesh, it was only after MASUM, approached different government authorities that Mr. Pant, managed to send the decomposed bodies across the border.

The AHRC feels that the basic rights of the dead and their families must be respected and in this regard, preservation of the bodies till they are handed over to the families is extremely important. This case also depicts the state of criminal investigation in India. It is the state authorities who must stand responsible for this. In this context, we once again draw your attention to the appalling state of the morgues in West Bengal (see further AG-01-2004 INDIA: AHRC letter to the President of India regarding the horrendous practices during forensic examinations in West Bengal and UG-04-2005: INDIA: Poor condition of the Basirhat Hospital morgue represents the collapse of post mortem system in West Bengal).There is a complete lack of facilities in these morgues, the deep fridge and air conditioning, essential for the preservation of the bodies remain dysfunctional, there is a total lack of ventilation and most of these bodies are either decomposed or rotten, the remnants of which are fed on by stray animals and birds.

Despite bringing this to the attention of various authorities time and again little action has been taken to improve the conditions of morgues in the state. We therefore urge you to write to the West Bengal government and demand that they immediately look into the poor condition of not only the Barasat morgue but also other morgues that exist. Proper funds must be allocated for their adequate functioning and those responsible for their maintenance must be held accountable.

BRIEF REMINDER OF THE CASE

On 2 October 2005, five persons, one of whom was Sk. Mustaque, a resident of Dhibe village, Jessore District, Bangladesh, were beaten to death by a mob of villagers. The incident took place after villagers from Bahera, under the jurisdiction of Chhota Jagulia Panchayat chased them and beat them after being caught over suspicions that they were involved in the theft of motorcycles in the village. Mustaque was beaten to death immediately upon being caught by the perpetrators. The other four victims were beaten to death in a school playground. The perpetrators used logs, bamboo poles and bricks in their assault after having tied the hands and feet of their victims together.

Prior to the incident, on 1 October 2005, three motorcycles were stolen from the village of Bahera. In most cases, stolen motorcycles are reportedly sold to Bangladesh. The smuggling is allegedly carried out with the help of a section of local police and the Border Security Force (BSF) personnel. Anger reportedly ensued among the residents towards the police who are alleged to have connived with the BSF. The distrust amongst the people reportedly prompted them to take the law into their own hands.

Masum contacted Mr. Jiban Chakraborty, the Sub Inspector attached to the Barasat police station as 2nd officer. It was learned that seven people have so far been arrested and sent to jail. However, the other alleged perpetrators who lived mostly in the village of Bahera were able to escape. A police case has been started vides Barasat Police Station case no. 667 dated 2 October 2005 under section 304/34 of the Indian Penal Code.

Although post-mortem examinations on all the victims' bodies have been performed at the Barasat District Hospital, the Autopsy Surgeon has yet to prepare a final report on his findings. Initial reports revealed however, that all the victims suffered injuries to the head, chest, stomach, face and hands.

SUGGESTED ACTION

Please send a letter to the relevant authorities listed below once again highlighting the poor conditions of not only Barasat morgue but other morgues as well.

Dear __________

Re: INDIA: Bodies of victims decompose in Barasat morgue before being sent to Bangladesh

I have been informed that the dead bodies of the victims who were beaten to death by a mob of villagers after they were suspected of having stolen motorcycles in Barasat, West Bengal on 2 October 2005 were kept in the District Hospital Morgue, Barasat, 24 Parganas (N) for so long and without proper methods of preservation that they decomposed.

Mr.Manoj Pant, the District Magistrate of 24 Parganas (N) wrote to the District Magistrate, Jessore District, Bangladesh who confirmed that the deceased belonged to Jessore District. However, though the bodies were actually waiting to be released from the morgue to be sent to Bangladesh, it was only after MASUM, approached different government authorities that Mr. Pant, managed to send the decomposed bodies across the border.

The basic rights of the dead and their families must be respected and in this regard, preservation of the bodies till they are handed over to the families is extremely important. This case also depicts the state of criminal investigation in India. It is the state authorities who must stand responsible for this. I therefore urge you to take notice of the appalling state of morgues in West Bengal. There is a complete lack of facilities in these morgues, the deep fridge and air conditioning, essential for the preservation of the bodies remain dysfunctional, there is a total lack of ventilation and most of these bodies are either decomposed or rotten, the remnants of which are fed on by stray animals and birds.

Despite bringing this to the attention of various authorities time and again little action has been taken to improve the conditions of morgues in the state. I therefore urge you to look into this matter on a priority basis. Proper funds must be allocated for their adequate functioning and those responsible for their maintenance must be held accountable.

I look forward to your action in this regard.

Yours sincerely,


__________________
PLEASE SEND A LETTER TO:

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

1. Mr. Subhas 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?lt;/font>

2. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata - 700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in?lt;/font>

3. Dr. Surjya Kanta Mishra
Minister-in-Charge
Ministry of Health
Writers' Buildings, Kolkata-700001
Tel: +91 33 22145600; Extn:4117
Email: michealth@wb.gov.in

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-138-2005
Countries :
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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.