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UPDATE (India): Post mortem procedures in West Bengal and the case of Mousumi Ari

April 18, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 19 April 2004

[RE: AG-01-2004: INDIA: AHRC letter to the President of India regarding the horrendous practices during forensic examinations in West Bengal, issued on 23 March 2004, and UA-33-2004: INDIA: Police, magistrate and doctor cover-up murder of 17-year-old girl. issued on 2 April 2004]
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UP-18-2004: INDIA: Post mortem procedures in West Bengal and the case of Mousumi Ari

INDIA: Defective policing and post mortem procedures
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Dear friends

Further to the letter by the Asian Human Rights Commission (AHRC) on defective post mortem procedures in West Bengal (see http://www.ahrchk.net/ua/mainfile.php/2004/639/) and Urgent Appeal on the case of a young woman whose murder was covered up by the judicial and government authorities (see http://www.ahrchk.net/ua/mainfile.php/2004/647/), the Executive Director AHRC has today sent a second letter on these two concerns to the Chief Minister of West Bengal.

A copy of the letter follows. Please refer to the original letter and appeal, available through the links above or by writing to the Urgent Appeals Desk, for contact addresses and suggested action.

Urgent Appeals Desk
Asian Human Rights Commission
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LETTER TO THE CHIEF MINISTER

19 April 2004

Mr Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA

Fax: +91-33-2214 5480

Email: cm@wb.gov.in

Your ref: 623 CMS


Dear Chief Minister,

Re: Post mortem procedures in West Bengal and the case of Mousumi Ari

I thank you for your Assistant Secretary's letter dated 6 April 2004 acknowledging receipt of my letter on the horrible conditions of post mortem examinations in West Bengal, dated 23 March 2004.

I am sure you will appreciate how concerned the Asian Human Rights Commission (AHRC) is about the severity of defective post mortem procedures in West Bengal, as where post mortem procedures fail it can result in the complete denial of justice to victims of murder and their families. When people die as a result of foul play or under suspicious circumstances the best evidence they leave is their corpses, which can tell the tale of how the death occurred. When post mortems go wrong, the evidence of such crimes get buried along with the bodies.

The terrible murder of Mousumi Ari and subsequent events in that case illustrate clearly that people throughout West Bengal are deeply aware that something is wrong with post mortem procedures. AHRC has already written to you regarding the murder of Mousumi Ari (Kakdwip PS Case No. 101, UD Case No. 73/2003, 25,10.2003; referred to you by AHRC on 2 April 2004). In this instance, the doctor conducting the post mortem, one Dr. Gauranga Biswas, colluded with the police officer investigating the case and the executive magistrate to make the murder appear a suicide. In fact, it is entirely possible that the doctor did not even examine the body before signing the autopsy papers. The outraged family members, led by Mousumi's mother and aunt, took the body back to their fishing village but rather than cremating it took the unprecedented step of covering it with plastic and burying it an eight-foot-deep pit that was then filled with salt. When they finally managed to secure a proper post mortem, undertaken by proper forensic doctors, it confirmed that the girl had been murdered. In fact, the second report showed that the first one was completely bogus.

At present, AHRC is awaiting news to the effect that legal action is being taken against the errant police, medical and judicial officers in this case, and trusts that you are looking into the case accordingly. Steps taken by you to remedy the gross injustices caused to families such as that of Mousumi Ari will go a long way to restoring public confidence in West Bengal's judicial and medical institutions, particularly when coupled with serious reforms to forensic examinations in West Bengal. While Mousumi Ari's family took extreme measures in their efforts to obtain justice, most others are unlikely to resort to such an approach, and rely more heavily upon the effective functioning of government and judicial institutions in the first instance, if justice is to be done.

Under these circumstances I urge you to once again take some strong measures to alter the situation regarding post mortem inquiries in West Bengal, and in particular, to personally undertake to ensure that the family of Mousumi Ari obtain justice and adequate redress. As this is a matter of great importance it would be useful if you were to announce to the public the measures that you have adopted in taking up the matter with the authorities concerned, as indicated in the letter from your Assistant Secretary.

Yours sincerely

(Signed)

Basil Fernando
Executive Director

Document Type :
Urgent Appeal Update
Document ID :
UP-18-2004
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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.