#India : Death in detention of Mr. Safiqul Haque and acts of intimidation against Family


 

Case IND 280613
Allegations of torture and ill-treatment/ Arbitrary detention/ Judicial harassment/ Death in detention/ No proper investigation/ Risk of impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about acts of intimidation and judicial harassment against the family of Mr. Safiqul Haque, a 51 year-old man from Bilbari Village, after the family lodged a complaint alleging that Mr. Safiqul Haque had died in detention due to torture and lack of proper medical care. OMCT is particularly concerned about the arrest and alleged false charges brought against his son, Mr. Rafikul Alam, 22 year-old, and the lack of proper investigation into the death in detention of Mr. Safiqul Haque.

According to the information received, Mr. Safiqul Haque’s family has been continuously threatened by the Nabagram police after lodging a complaint in relation to the death in detention of Mr. Safiqul Haque (see background information hereunder). In a recent event, on 11 May 2013, at about 5:00 am, the Officer in charge of Nabagram Police Station, along with other 12 policemen, entered Mr. Safiqul Haque’s family house and arrested without any arrest warrant Mr. Rafikul Alam, son of Mr. Safiqul Haque, after the family refused to sign on blank papers. Mr. Rafikul Alam was illegally detained during two days. During his detention, he allegedly suffered verbal abuses, repeated threats and intimidation. He was also allegedly deprived of adequate food and proper sleep.

On 13 May 2013, Mr. Rafikul Alam was reportedly falsely charged in Nabagram Police Station Case no. 20/2013 under sections 147 (punishment for rioting), 148 (armed with deadly weapon), 149 (member of unlawful assembly guilty of offence committed in prosecution of common object), 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty) of Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act, 1984. According to the same information, on 14 May 2013, Mr. Rafikul Alam’s mother lodged a written complaint to denounce the aforementioned events before the District Magistrate. To date, there has been reportedly no investigation carried out into the aforementioned events.

Background information

According to the same information received, on 7 December 2012 at about 5:00 pm, Mr. Safiqul Haque was praying at Bilbari Boro Mosque, in Bilbari Village, when he was apprehended, together with Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan, by Superintendent of Police of Murshidabab district, Mr. Humayun Kabir, who came with about 500 police personnel. The police entered the mosque and started brutally assaulting Mr. Safiqul Haque and his acquaintances. Mr. Safiqul Haque, Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan were reportedly tied and dragged by force to the police prison vans parked outside the mosque, where they were again beaten and verbally abused.

On 8 December 2012, Mr. Safiqul Haque’s wife reportedly received a phone call from an unknown person who informed her that her husband, together with Mr. Ismail Seikh and Mr. Jarman Seikh, had been brought to Lalbagh Court accused of murder. She went to Lalbagh Court where she found out that her husband and the two men were detained in the court lock up and that they had been tortured during the whole night by the police personnel who beat them with their boots and with wooden sticks. After rejection of their bail petition on 8 December 2012, Mr. Safiqul Haque, Mr. Ismail Seikh and Mr. Jarman Seikh were detained in Bhagwangola Police Station until 12 December 2012 when they were brought to the Additional Second Court Special Judge, Berhempur and implicated in the Narcotic Drugs and Psychotropic Substances Act (NDPS) case 1117/12. Mr. Safiqul Haque esd then moved to Bharampur Central Correctional Home where his family was not allowed to visit him. The police personnel allegedly tortured Mr. Safiqul Haque again during this detention causing him several injuries.

According to the same information, it was not till 7 January 2013 when Mr. Safiqul Haque was admitted to the Berhempur Sub-District Hospital to be treated from the injuries inflicted. Despite the advise of the doctor to move him to Kolkata Hospital for better treatment, the officials in charge did not do so. On 7 January 2013 Mr. Safiqul Haque reportedly died in Berhempur Sub-District Hospital without getting any proper treatment. The police did not inform Mr. Safiqul Haque’s family about his death. On 11 January 2013, Mr. Safiqul Haque’s wife lodged a complaint before the district Magistrate, in Murshidabad. On 14 February 2013 MASUM made a complaint to the National Human Rights Commission. However, to date, no action has been taken and there has been reportedly no investigation carried out into the aforementioned events. As for Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan, they have been released on bail.

The International Secretariat of OMCT expresses its concern about the safety and physical and psychological integrity of Mr. Safiqul Haque’s family, particularly of his son, Mr. Rafikul Alam. OMCT is also gravely concerned about the circumstances surrounding the detention and death in detention of Mr. Safiqul Haque. OMCT urges the competent authorities to guarantee Mr. Safiqul Haque’s family physical and psychological integrity at all times, notably by immediately putting in place adequate protection measures for them, and by suspending the police personnel believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.

OMCT recalls that the authorities have to fulfil their obligations under the Indian Constitution and under international human rights law to protect the right to life, the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and the right to liberty and security, to consider seriously any allegations of ill-treatment and arbitrary arrest, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions. OMCT also recalls that victims must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in India urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Safiqul Haque’s family, particularly of his son, Mr. Rafikul Alam;
2. Immediately put in place adequate protection measures for the family of Mr. Safiqul Haque;
3. Immediately put an end to acts of intimidation and judicial harassment against the family of Mr. Safiqul Haque;
4. Carry out a prompt, effective, thorough, independent and impartial investigations into the alleged acts of ill-treatment, arbitrary detention and alleged false charges against Mr. Rafikul Alam, Mr. Ismail Seikh and Mr. Jarman Seikh and into the death in custody of Mr. Safiqul Haque, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Ensure that adequate, effective and prompt reparation including adequate compensation and rehabilitation is granted to Mr. Safiqul Haque’s family, Mr. Rafikul Alam, Mr. Ismail Seikh and Mr. Jarman Seikh;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

  • Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India. Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in;
  • Mr. Sushil Kumar Shinde, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
  • Justice Altamas Kabir, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in;
  • Justice K. G. Balkrishnan, Chairperson of the National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: +91 11 2334 0016 / 2338 4863, Email: covdnhrc@nic.inionhrc@nic.in;
  • Justice Asok Kumar Ganguly, Chairperson, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 2479 9633 / 2479 7750, Email: wbhrc8@bsnl.in
  • Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2479 7259, Fax: +91 33 2479 9633 / 2479 7750, Email: secy-gov-wb@nic.in
  • Miss Mamata Banerjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax – +91 33 22145480, Email: cm@wb.gov.insechome@wb.gov.in;
  • H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also write to the diplomatic mission or embassy of India in your respective country.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Geneva, 28 June 2013

 

 

URGENT APPEAL: Arbitrary detention of and judicial harassment against Mr. Narayan Reddy


The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in India.


Description of the situation:

 The Observatory has been informed by reliable sources of the arbitrary detention of and judicial harassment against Mr. Narayan Reddy, a leader of the Communist Party of India (CPI) who has been part of a six-year campaign against forcible acquisition of common lands for South Korean steel giant POSCO in Jagatsinghpur district, Odisha State (formerly Orissa State). The campaign is organised by a movement called the “POSCO Pratirodh Sangram Samiti” (PPSS).

 According to the information received, on December 23, 2011, Mr. Narayan Reddy was arrested in the early morning near Japa Square in Erasama area of Jagatsinghpur district, Odisha, and taken to Kujang police station. He was then brought before a local court, which remanded him to judicial custody for two weeks after he was falsely charged with “murder”. As of issuing this Urgent Appeal, Mr. Narayan Reddy remains detained in Samagol prison, Odisha State.

 On January 9, 2012, a petition for release on bail of Mr. Narayan Reddy was rejected by the Additional District Session Judge of Jagatsinghpur, Mr. Sachidananda Sahu.

 Mr. Reddy is reportedly being held in connection with violent incidents that took place on December 14, 2011 at the proposed site of the POSCO steel plant, following a clash between peaceful protesters against the construction of the coastal road connecting Paradip port to the proposed site of the plant and workers engaged by a contractor group, the Paradip Paribahan Company, to build the coastal road. One person died and 25 protesting villagers were seriously injured during the clashes.

 Mr. Narayan Reddy has been leading the anti-POSCO campaign following the arrest of PPSS President, Mr. Abhay Sahu, on November 25, 2011, in the same context.

 The Observatory condemns the arbitrary detention of and judicial harassment against Mr. Narayan Reddy, which seems to merely aim at sanctioning his peaceful activities in the framework of the campaign against the proposed POSCO steel plant and the related forcible acquisition of common lands farmed by villagers.

 Actions requested:

 

Please write to the authorities of India, urging them to:

 

i.                     Guarantee in all circumstances the physical and psychological integrity of Messrs. Narayan Reddy and Abhay Sahu, of allPPSS members as well as of all human rights defender sin India;

 

ii.                   Release Messrs. Narayan Reddy and Abhay Sahu immediately and unconditionally since his detention is arbitrary as it seems to merely sanction his human rights activities;

 

iii.                  Put an end to acts of any acts of harassment – including at the judicial level – against Messrs. Narayan Reddy and Abhay Sahu as well as against all human rights defenders in India;

 

iv.                 Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its:

–          Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”;

–          Article 6(a), which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”;

–          Article 12.2 (“the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”);

 

v.                   More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India.

 

Addresses:

 

  • ·       Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India. Fax: + 91 11 2301 6857 E-mal: pmosb@pmo.nic.in / manmo@sansad.in
  • ·       Dr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979 / 2309 4221. E-mail: hm@nic.in
  • ·       Justice Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in
  • ·       Justice K. G. Balkrishnan, Chairperson of the National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: +91 11 2334 0016 / 2338 4863, Email: chairn@nic.incovdnhrc@nic.in ; ionhrc@nic.in
  • ·       Shri A. K. Parashar, Focal Point on Human Rights Defenders, National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Email: hrd-nhrc@nic.in
  • ·       Mr. Naveen Patnaik, Chief Minister of Odisha, Naveen Nivas, Aerodrome Road, Bhubaneswar 751001, India. Fax 0674-2535100 Email: cmo@ori.nic.in
  • ·       Mr. Debadutta Singh, Superintendent of police, Email: dm@ori.nic.in
  • ·       Secretary, Odisha Human Rights Commission, Toshali Bhawan (2nd Floor), Satyanagar, Bhubaneswar-751007, Odisha, India, Fax: +91 674 257 2010, Email: ohrc@nic.in
  • ·       Sri Narayana Chandra Jena, Collector & District Magistrate Jagatsinghpur. PO: Jagatsinghpur District Police, Odisha, Email:dmjsp@ori.nic.in
  • ·       Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
  • ·       Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

 

Please also write to the diplomatic representations of India in your respective countries.

 

***

Geneva-Paris, January 13, 2012

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

 

The Observatory, an OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

 

To contact the Observatory, call the emergency line:

  • ·       E-mail: Appeals@fidh-omct.org
  • ·       Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
  • ·       Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

Archives

Kractivism-Gonaimate Videos

Protest to Arrest

Faking Democracy- Free Irom Sharmila Now

Faking Democracy- Repression Anti- Nuke activists

JAPA- MUSICAL ACTIVISM

Kamayaninumerouno – Youtube Channel

UID-UNIQUE ?

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 6,232 other followers

Top Rated

Blog Stats

  • 1,792,358 hits

Archives

July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  
%d bloggers like this: