UPDATE (India): Police pressure torture victim’s family to withdraw complaint 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-27-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned to hear that Ms Pranati Dhara, the youngest sister of Soumyendu Mondal, who died in the Kharagpur police lock-up on 6-7 July 2004, is being threatened to withdraw the complaints against the torture perpetrators. (See further: UA-87-2004).

Pranati filed a further complaint with the Kharagpur Police Station on 5 February 2005 accusing local political leaders (of the Trina Mool Congress-TMC) of pressurising her to withdraw the complaints against the police officers who were responsible for Mondal’s death. The pressure on the family has increased since 19 January 2005, when the Calcutta High Court ordered the Director General & Inspector General of Police (West Bengal) to conduct an inquiry into this matter within one month and produce the report before the Court. (See further: UP-09-2005)

This situation is very common in India. There is a strong nexus between the police and politicians and political interference in matters of policing is prevalent in most places. The police on their part use political party leaders for their convenience. And in all this it is the ordinary people who suffer.

We thus call on you to immediately intervene in this matter. Please send a letter to the West Bengal state authorities to provide immediate protection to the victim’s family and investigate the alleged threats. Please also urge them to ensure that the case trial continues impartially through proper procedures

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION

Name of the victim: Soumyendu Mondal, aged 32 years
Address of the victim: Jagul Village, Arjuni Panchayat, Midnapur District, West Bengal, India
Alleged perpetrators: 1) Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and alleged main culprit of the incident 2) Several officers attached to the Kharagpur Police Station 3) Mr. Goel, the Superintendent of Police (S.P.), Midnapur
Date of incident: 6-7 July 2004
Case status: Continuous threats to the victim’s family to withdraw complaints against alleged torture perpetrators

Soumyendu Mondal was allegedly tortured to death while in custody of the Kharagpur police during 6-7 July 2004.

Ms Pranati Dhara, Mondal’s youngest sister filed a complaint with the Kharagpur police station on 5 February 2005 under Section 311 of the Indian Penal Code, accusing local political leaders (of the Trina Mool Congress-TMC) of pressurising her to withdraw the complaints against the police officers who were responsible for Mondal’s death.

Pranati claims that her fellow villagers have socially boycotted her family under the influence of the TMC leaders since she along with her other family members did not withdraw the complaints as suggested by them. According to her, her family are not only barred from taking water from the public tube well, but her children are also not allowed to enter the village school. The boycott went to the extent that Mondal’s family was not even allowed to use the village path; finally Pranati said her family had to leave the village in order to save their lives, due to the continuous threats from several villagers.

However, the Officer-in-Charge (OC) of the Kharagpur Police Station posited–without any investigation in the matter–that there is no connection between the death of Mondal and the social boycott against the victim’s family. He reportedly said that the unrest was only due to a misunderstanding amongst the villagers, which would soon be sorted out. Pranati has completely refuted this though, saying that she has been living in the village for more than 20 years and it was only after her brother’s death that life has become difficult.

The AHRC urges the West Bengal state government to provide immediate protection to the victim’s family and investigate into the alleged threats to them. The government must also ensure that the trial in the court proceeds fairly and quickly.

BREIF REMINDER OF THE CASE:

Soumyendu Mondal (32) was brutally tortured after being arrested at his house by police from the Kharagpur Police Station at midnight on July 6-7, 2004. While the police claim that Soumyendu died due to cardiac failure, the victim’s family insists that he died due to police torture. The victim’s family also alleged that the post-mortem report was written in the favour of the police since it was conducted at the instruction of the police.

Suspecting foul play, Soumyendu’s family filed a complaint on July 8 at the local criminal court demanding an inquiry into the custodial death of Soumyendu. The Kharagpur police attempted to burn the victim’s body on July 9.

On 14 July 2004, the Superintendent of Police Mr. Goel issued an order of transfer for the OC of the Kharagpur Police Station and the alleged main culprit of the incident. However, the victim’s family and human rights groups criticized this act saying that the higher-ranking officers were trying to shield the perpetrators. On 19 January 2005, the Calcutta High Court ordered the Director General and Inspector General of Police to conduct an enquiry into this matter within one month and produce the report before the Court.

SUGGESTED ACTION
Please send a letter to the Chief Minister and Home (police) Minister of West Bengal and urge them to ensure that the victim’s family is provided immediate protection and that an enquiry is held regarding the alleged threats to the family.


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

SAMPLE LETTER

Dear Shri Buddhadeb Bhattacharjee,

Re: INDIA: Police pressure torture victim's family to withdraw complaint

Name of the victim
: Soumyendu Mondal, aged 32 years
Address of the victim: Jagul Village, Arjuni Panchayat, Midnapur District, West Bengal, India
Alleged perpetrators: 1) Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and alleged main culprit of the incident 2) Several officers attached to the Kharagpur Police Station 3) Mr. Goel, the Superintendent of Police (S.P.), Midnapur
Date of incident: 6-7 July 2004
Case status: Continuous threats to the victims family to withdraw the complaints against alleged torture perpetrators

I was informed that Ms Pranati Dhara, the youngest sister of Soumyendu Mondal, who was allegedly tortured to death by the Kharagpur police in Midnapur District, West Bengal, India on 6-7 July 2004, is being threatened to withdraw the complaints against the police officers involved in the torture of Mondal. Pranati filed a complaint with the Kharagpur Police Station on 5 February 2005 under Section 311 of the Indian Penal Code accusing the local political leaders (of the Trina Mool Congress-TMC) of pressurising her to withdraw the complaints. 

I was also informed that fellow villagers of the victim's family have socially boycotted them pressuring them to withdraw the complaints. As a result, the family are not allowed to get drinking water from the village and to use the village path. In addition, Pranati's children are refused entry to the local school. Her family has left the village since then, fearing for their lives.

The Kharagpur police have responded by simply saying that there has been a misunderstanding amongst the villagers. However, Pranati reported that she has been living in the village for more than 20 years but it was only after her brother's death that life has become difficult.

Under these serious circumstances, I urge you to order an immediate investigation into the alleged threats to the victim's family. I also urge you to provide protection to the family as soon as possible. I further request you to ensure that the court case proceeds impartially and without delay so that the perpetrators are duly punished. 

Lastly, I request you to use your authority in pressuring the Government of India to ratify the Convention against Torture (CAT) and to introduce the corresponding domestic legislation so that an end is brought to the climate of impunity and torture in the country.

Yours sincerely,


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SEND A LETTER TO:

Shri Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
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
E-mail: cm@wb.gov.in

SEND COPIES TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
E-mail: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Calcutta-700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

4. Shri Shivraj Patil
Minister of Home Affairs
Griha Mantralaya Room No. 104
North Block, Central Secretariat
New Delhi 110001
INDIA
Tel: +91 11 23092011, 23092161 
Fax: +91 11 2301 5750, 2309 3750, 2309 2763 

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

6. Mr. Philip Alston 
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)


Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission
Document Type : Urgent Appeal Update
Document ID : UP-27-2005
Countries : India,
Issues : Torture,