Posts Tagged ‘Solitary confinement’

Urgent Appeal: An old man assaulted by the Central Reserve Police in Assam

April 8, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 64/2011/UA/25/211 Dated: 9 April 2011

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued an Urgent Appeal concerning the case of torture of a 66-year-old person, his aged wife and son by a group of Central Reserve Police Force (CRPF) officers at the victim’s residence. No action was taken upon a complaint filed at the Silchar Sadar police station concerning the incident. It is reported that the Office-in-Charge (OC), instead of investigating the case is demanding that Fariz settle his complaint against the CRPF and rather withdraw it should he not dare facing yet another assault from the CRPF. Fariz filed another complaint at the National Human Rights Commission (NHRC), which was also not acted upon. Please take the suggested actions.

Yours sincerely

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

INDIA: An old man assaulted by the Central Reserve Police in Assam

April 8, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-074-2011

Send an appeal letter

8 April 2011

——————————————————
INDIA: An old man assaulted by the Central Reserve Police in Assam

ISSUES: Torture; Impunity; Martial law; Rule of law

——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC) concerning the case of torture of a 66-year-old person, his aged wife and son by a group of Central Reserve Police Force (CRPF) officers at the victim’s residence. It is reported that the CRPF tortured Mr. Fariz Uddin Barbhuiya, his wife and son on 27 July 2010 causing serious injuries to the old man. The CRPF assaulted Fariz since he had protested against the CRPF concerning a civil dispute. Fariz had to be hospitalised at the Silchar Medical College Hospital (SMCH) to recover from the injuries. No action was taken upon a complaint filed at the Silchar Sadar police station concerning the incident. It is reported that the Office-in-Charge (OC), instead of investigating the case is demanding that Fariz settle his complaint against the CRPF and rather withdraw it should he not dare facing yet another assault from the CRPF. Fariz filed another complaint at the National Human Rights Commission (NHRC), which was also not acted upon. Fariz is a retired CRPF constable.

CASE NARRATIVE:

A team of about ten CRPF personnel entered the Fariz’s house and assaulted him along with his wife and son on 27 July 2010. Fariz was seriously injured in the incident and had to be hospitalised. The CRPF is a paramilitary force in India.

Fariz is a retired CRPF constable living in front of the 147 battalion of the CRPF camp. Fariz’s house is within the jurisdiction of Silchar Sadar Police Station in Cachar district of Assam state. Fariz supports his family with his pension and the earnings from a small shop where he sells betel nuts and operates a public call office (PCO). Fariz alleges that he was assaulted for protesting against the CRPF concerning a civil contract.

Fariz alleges that one Mr. Radheshyam Sahu, had obtained permission to cut and sell grass from the CRPF 147 battalion campus through a public auction. Thereafter, Sahu entered into a contract with Fariz on 22 April 2010 allowing Fariz to cut and sell grass for which he paid Sahu Rs. 7,500.00. Few days later, Fariz came to know that Sahu had allowed another person to cut and sell grass from the same campus. Aggrieved by the breach of contract, Fariz went to Sahu and demanded an explanation.

It is reported that Sahu ignored Fariz’s question and misbehaved to him. Fariz was disappointed and on 26 June complained to the commander of the battalion, Mr. T. K Hati, asking him to intervene. The commander reportedly informed Fariz that it was him who allowed the other person to cut and sell grass from the campus. Fariz then reminded the commander about the contract and requested the commander to return his money.

Fariz alleges that the officer shouted abuses at him when he demanded the officer to return the money. The officer then threatened Fariz and warned him that he will be taught a lesson for daring to demand the return of the money from a superior officer. Fariz went home disappointed. Fariz stated that following his argument with the commandant, a team of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz’s house at around 4.30pm on 27 July. Fariz claims that the team was led by the commander Mr. Hati and accompanied by CRPF constables Mr. Abani Nath, Mr. Shashi Bhushan, and Havildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him without any warning. The officers assaulted Fariz with gun butts. The officers then kicked Fariz and punched him on his head and other parts of his body. Fariz’s wife, Aftarun Nessa Barbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested the officers to spare the old man. Fariz was lying on the ground soaked with blood. However, it is alleged that the CRPF then assaulted Aftarun Nessa and Asif Akhtar.

Fariz further alleges that the officers then damaged furniture, utensils and other valuable things in his house. Fariz claims that the officers then took the cash box of his shop that had approximately Rs. 2500.00 in it at the time. When the officers left, they warned Fariz against complaining to the authorities or to the police about the incident. The officers also threatened the family that they would be charged with false cases of keeping illegal firearms and ammunition if they sought help from the human rights organisations or informed the media. After the officers left the family called an ambulance and took Fariz to the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCH and after a few days when his health improved discharged from the hospital.

It is reported that Fariz filed a complaint at the Silchar Sadar Police Station on 28 July 2010 concerning the incident and requesting the police to take appropriate actions against the CRPF officers. The police registered an FIR (First Information Report) based on the complaint as Silchar PS (police station) Case No. 1445/10 under Sections 147 (punishment for rioting), 448 (punishment for house-trespass), 325 (punishment for causing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causing damage), 307 (attempt to murder) and 149 (punishment of being a member of unlawful assembly) of the Indian Penal Code, 1860 (IPC). Sub-Inspector Mr. Jitu Mani Goswami was the investigating officer (IO) of the case.

Fariz, however, alleges that the IO was not investigating the case. Instead, the Officer-in-Charge (OC) of the Silchar Sadar Police Station was demanding Fariz to come to an amicable settlement with the accused CRPF personnel and withdraw the complaint. Another complaint was then filed at the National Human Rights Commission (NHRC) on 5 February 2011 with the help of local human rights group, Barak Human Rights Protection Committee (BHRPC). BHRPC informs that there have been no responses from the NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring to complain to the CRPF commandant as well as demanding money back from the officer, which the officer viewed as challenging his authority, that too by a retired and old former constable. In places like Assam in India, the CRPF and other paramilitary units have absolute impunity wherever they are posted. The AHRC has reported more than 300 cases of torture, murder and rape committed by the CRPF and other paramilitary units in India over the past six years. Most of these cases find some action only when the AHRC makes the incident public. The AHRC has also noted that in many cases the victims refuse to speak about the incident due to fear of further assault or threat from these agencies. India also does not have any form of witness protection laws or mechanisms.

SUGGESTED ACTION:

Please write letters to the authorities listed below asking them to intervene in the case immediately.

The AHRC is also writing a separate letter to the UN Special Rapporteur on the question of torture seeking an intervention in the case.

To support this appeal click here

SAMPLE LETTER:

Dear __________,

INDIA: Please investigate the case of assault by the CRPF of a 66-year-old man at his residence along with his wife and son

Name of victims:

1. Mr. Fariz Uddin Barbhuiya aged about 66 years residing within the jurisdiction of Silchar Sadar police station in Cachar district of Assam state

2. Ms. Aftarun Nessa Barbhuiya, wife of Fariz

3. Mr. Asif Akhtar Barbhuiya, son of Fariz

Names of alleged perpetrators:

1. Mr.Radheshyam Sahu, owner of the High Tech Communication shop

2. Mr. TK Hati, commander of the 147 battalion of CRPF camp stationed under the jurisdiction of Silchar Sadar police station in Cachar district of Assam state

3. Mr. Abani Nath, constable of the 147 battalion of CRPF camp stationed under the jurisdiction of Silchar Sadar police station in Cachar district of Assam state

4. Mr. Shashi Bhushan, constable of the 147 battalion of CRPF camp stationed under the jurisdiction of Silchar Sadar police station in Cachar district of Assam state

5. Mr. Amir Uddin Laskar, Havildar of the 147 battalion of CRPF camp stationed under the jurisdiction of Silchar Sadar police station in Cachar district of Assam state

Date of incident: 27 July 2010

Place of incident: Victim’s residence

I am writing to seek immediate actions in the case reported to me of assault by the Central Reserve Police (CRPF) of a 66-year-old man, his wife and son at his residence on 27 July 2010. I am concerned to know that the complaints filed by the victims at the local police station and at the National Human Rights Commission (NHRC) have not been acted upon. On the contrary, the local police is demanding that the victim settle the case with the CRPF outside the police station and withdraw his complaint, or dare facing yet another assault from the CRPF.

I am informed that there were about ten CRPF officers who entered the Fariz’s house and assaulted him along with his wife and son. Fariz was seriously injured in the incident and had to be hospitalised. The CRPF is a paramilitary force in India.

Fariz is a retired CRPF constable living in front of the 147 battalion of the CRPF camp. Fariz’s house is within the jurisdiction of Silchar Sadar Police Station in Cachar district of Assam state. Fariz supports his family with his pension and the earnings from a small shop where he sells betel nuts and operates a public call office (PCO). Fariz alleges that he was assaulted for protesting against the CRPF concerning a civil contract.

Fariz alleges that one Mr. Radheshyam Sahu, had obtained permission to cut and sell grass from the CRPF 147 battalion campus through a public auction. Thereafter, Sahu entered into a contract with Fariz on 22 April 2010 allowing Fariz to cut and sell grass for which he paid Sahu Rs. 7,500.00. Few days later, Fariz came to know that Sahu had allowed another person to cut and sell grass from the same campus. Aggrieved by the breach of contract, Fariz went to Sahu and demanded an explanation.

It is reported that Sahu ignored Fariz’s question and misbehaved to him. Fariz was disappointed and on 26 June complained to the commander of the battalion, Mr. T. K Hati, asking him to intervene. The commander reportedly informed Fariz that it was him who allowed the other person to cut and sell grass from the campus. Fariz then reminded the commander about the contract and requested the commander to return his money.

Fariz alleges that the officer shouted abuses at him when he demanded the officer to return the money. The officer then threatened Fariz and warned him that he will be taught a lesson for daring to demand the return of the money from a superior officer. Fariz went home disappointed. Fariz stated that following his argument with the commandant, a team of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz’s house at around 4.30pm on 27 July. Fariz claims that the team was led by the commander Mr. Hati and accompanied by CRPF constables Mr. Abani Nath, Mr. Shashi Bhushan, and Havildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him without any warning. The officers assaulted Fariz with gun butts. The officers then kicked Fariz and punched him on his head and other parts of his body. Fariz’s wife, Aftarun Nessa Barbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested the officers to spare the old man. Fariz was lying on the ground soaked with blood. However, it is alleged that the CRPF then assaulted Aftarun Nessa and Asif Akhtar.

Fariz further alleges that the officers then damaged furniture, utensils and other valuable things in his house. Fariz claims that the officers then took the cash box of his shop that had approximately Rs. 2500.00 in it at the time. When the officers left, they warned Fariz against complaining to the authorities or to the police about the incident. The officers also threatened the family that they would be charged with false cases of keeping illegal firearms and ammunition if they sought help from the human rights organisations or informed the media. After the officers left the family called an ambulance and took Fariz to the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCH and after a few days when his health improved discharged from the hospital.

It is reported that Fariz filed a complaint at the Silchar Sadar Police Station on 28 July 2010 concerning the incident and requesting the police to take appropriate actions against the CRPF officers. The police registered an FIR (First Information Report) based on the complaint as Silchar PS (police station) Case No. 1445/10 under Sections 147 (punishment for rioting), 448 (punishment for house-trespass), 325 (punishment for causing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causing damage), 307 (attempt to murder) and 149 (punishment of being a member of unlawful assembly) of the Indian Penal Code, 1860 (IPC). Sub-Inspector Mr. Jitu Mani Goswami was the investigating officer (IO) of the case.

Fariz, however, alleges that the IO was not investigating the case. Instead, the Officer-in-Charge (OC) of the Silchar Sadar Police Station was demanding Fariz to come to an amicable settlement with the accused CRPF personnel and withdraw the complaint. Another complaint was then filed at the National Human Rights Commission (NHRC) on 5 February 2011 with the help of local human rights group, Barak Human Rights Protection Committee (BHRPC). BHRPC informs that there have been no responses from the NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring to complain to the CRPF commandant as well as demanding money back from the officer, which the officer viewed as challenging his authority, that too by a retired and old former constable.

I am also informed that in places like Assam in India, the CRPF and other paramilitary units have absolute impunity wherever they are posted. I am informed that the Asian Human Rights Commission (AHRC) has reported more than 300 cases of torture, murder and rape committed by the CRPF and other paramilitary units in India over the past six years. In most of these cases actions were initiated only when the AHRC made the incident public. I am also informed that the AHRC has noted that in many cases the victims refuse to speak about the incident due to fear of further assault or threat from these agencies as it has happened in this case.

I therefore request you to intervene in this case to ensure the following:

1. That the police must immediately record the statement of the victims;

2. That the police investigate the case without any further delay;

3. That if required the witnesses provided protection by the police;

4. That the NHRC informs Fariz and/or BHRPC the status of the complaint they have filed at the NHRC without any further delay.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. K. Vijay Kumar, IPS
Director General
Central Reserve Police Force
Block No. 1, C.G.O. Complex
Lodhi Road
New Delhi – 110001
INDIA

2. DIG (ADM), NES (Ops) Sector NES
Operations Headquarters
Jorhat
Assam
INDIA

3. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

4. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

5. Chief Justice
Guwahati High Court
Government of Assam
INDIA
FAX +91 361 2604122 or +91 362 2735863 (Registrar General)
E-mail: hc-asm@nic.in, hicourtg@rediffmail.com

6. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

See the appeal at AHRC website: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-074-2011

Advertisements

Urgent Appeal: CRPF Wireless operator tortured by the superior for pursuing studies

February 25, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 62/2011/UA/23/210 Dated: 25 February 2011

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued the following Urgent Appeal concerning the case of torture of a Central Reserve Police Force (CRPF), a central paramilitary force, wireless operator by his superiors at 147 battalion at Kashipur in Cachar district, Assam. Please take the suggested actions.

Yours sincerely

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

Download pdf version

INDIA: Wireless operator tortured by the superior for pursuing studies

February 25, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-047-2011

To support the appeal please click here

25 February 2011

——————————————————
INDIA: Wireless operator tortured by the superior for pursuing studies

ISSUES: Torture; arbitrary detention; impunity

——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of torture of a wireless operator, Mr. Surinder Singh Chouhan, serving with the 147 Battalion of Central Reserve Police Force (CRPF) for pursuing an MBA study programme. The victim in this case was threatened and put in confinement and assaulted by his fellow constables upon instructions from the Commandant. The victim managed to escape from the custody of his tormentors and filed a complaint against the perpetrators and sought treatment at the hospital. However the local police took the victim into custody at Guwahati and handed over to the CRPF head quarters. The victim was later released but the Deputy Inspector General (DIG) of CRPF initiated a departmental enquiry against the victim.

CASE NARRATIVE:

Mr. Surinder Singh Chouhan, aged about 39 years, has been working with 147 battalion of Central Reserve Police Force (CRPF) as a wireless operator since 1 September 2008. Surinder was posted at the Head Quarters (HQ) of the battalion at Kashipur, Silchar, Assam state. Surinder has served in many operations with army companies of different battalions including C-company at Gharmura, D-company at Karimganj, E-company at Hailakandi and F-company at Fulertal.

Surinder alleged that some of his superiors were spiteful towards him when he wanted to study for a Master of Business Administration (MBA) programme, for which he duly fulfilled all the requirements. On 4 October 2010, Surinder got admitted in the MBA course under the Sikkim Manipal University with due permission from his Commandant Mr. T.K. Hati and then he drew a bank draft of Rs. 12,500.00 in the name of the university to pay his admission fee. On the next day, Surinder requested permission to meet the commandant for a discussion concerning his admission to the MBA programme, his study at the university and his duty as a CRPF officer. However, Surinder’s request was denied.

Surinder was then sent to the Deputy Commandant for Operations (DCO), Mr. Nabeen Chandra by Sub-Inspector Mr. T.N. Tripati. Thereafter, Surinder was presented before the Commandant on the same day evening around 7pm. The Commandant behaved in a rude manner and threatened Surinder that he would snatch his job. Then he detained Surinder in a jail and subjected him to ill-treatment for three days without any written order.

On October 7, Surinder requested to be informed of his faults for which he was given punishment but nobody cared to answer him. Instead, Surinder was suspended from his duties on October 8. Surinder was then confined to the guardroom with hand-cuff on his hands from 8 to 11 October. Surinder alleges that he was severely tortured both mentally and physically while he was in the confinement. CRPF constables at the behest of superiors told Surinder by pointing a gun to his head that ‘this is your last moment and you’re going to die now’, an act that they allegedly repeated several times.

The Commanding Officer of F-company, Mr. Anwar Hussain, sent Surinder to the HQ for treatment on October 13 because his health had deteriorated by then. But on the same day the Radio Grid Supervisor, Mr. K. P. Singh, ordered to shift Surinder to D-company at Karimganj. Surinder informed the supervisor about his poor health but no one listened to him. It is reported that Surinder was forced to serve his duty at D-company Karimganj despite his poor health condition.

Surinder alleges that on October 21, seven persons, namely Mr. Rajender Singh, Mr. Rakesh Kumar, Mr. Brojesh Kumar, Mr. Sukhbinder Singh, Mr. Narendra Singh, Mr. Upendra Singh and Mr. Prem Chand Kahar came to him and started assualting him with sticks and chains without any reason. Surider further alleges that on October 23, the commanding officer of D-company, Mr. TN Tripati, ordered him to go for a CRPF operation without weapons at Ratabari area, which was reportedly a disturbed area. When Surinder urged the commanding officer to give him weapons for, it was denied.

It is reported however that the official records are manipulated to show in the duty register that Surindar was engaged at the signal centre under the command of Mr. Manoj Singh. The duty register shows that Surinder was on duty at the signal centre from 7am to 1pm on October 23 and again from 7pm the same day till 7am the next day morning.

Surinder alleged that the commanding officer sent him for the operation only to harass him by putting his life at risk despite his poor health. Surinder performed his duties along with the Superintendent of Police (SP) of Karimganj district in a search operation for nearly 24 hours at Ratabari area without any food and water. While returning from the operation one of Surinder’s colleagues felt very sick and therefore Surinder carried the Light Machine Gun (LMG) of his colleague.

Surinder also alleges that on October 27 once again some persons assaulted him without any reason. They assaulted Surinder so bad that he fell down on the ground. They assaulted Surinder, on his face, chest, stomach and other sensitive parts of the body including his private parts. Surinder further alleges that they forced a broken stick into his anus. Surinder then somehow managed to escape from the clutchs of his tormentors and filed a complaint against the perpetrators in the Court of the Chief Judicial Magistrate (CJM) at Silchar. The CRPF on the other hand filed a missing person report alleging that Surinder has gone missing at the Silchar Sadar police station. For the injuries Surinder suffered on this occasion, he received treatment at the Silchar Medical College Hospital.

A complaint was sent to the National Human Rights Commission (NHRC) on November 22 by the Barak Human Rights Protection Committee (BHRPC), Assam regarding the case. The NHRC registered a case and issued an order on December 7 transmitting the complaint to the Secretary, Ministry of Home Affairs, for taking action. The NHRC also asked the Union Home Ministry on December 15 to submit an action taken report within four weeks.

In the meanwhile, Surinder has been arrested by the police at Guwahati and sent back to the HQ of his battalion at Kashipur, Silchar. Later, Surinder was released from the HQ and granted him leave. It is reported that a departmental enquiry is being conducted by the Deputy Inspector General (DIG) of CRPF. But at this juncture an independent inquiry in the case is required rather than a mere departmental inquiry.

SUGGESTED ACTION:

Please write letters to the authorities listed below requesting them to intervene in the case. The case must be investigated and if the allegations made by the victim are found to be true the perpetrators must be punished.

The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment seeking an intervention in the case.

To support this appeal, please click here
:

SAMPLE LETTER:

Dear __________,

INDIA: The allegations of torture of a CRPF officer must be independently investigated

Name of victim: Mr. Surinder Singh Chouhan, aged about 39 years, working as Wireless Operator, at the CRPF 147 battalion, Kashipur, Silchar, Assam state

Names of alleged perpetrators:

1. Mr. T.K. Hati, Commandant of 147 battalion of Central Reserve Police Force

2. Mr. T.N. Tripati, Sub-Inspector of CRPF and a Commanding Officer of D-company 147 battalion of CRPF

3. Mr. Anwar Hussain, Commanding Officer of F-company 147 battalion of CRPF

4. Mr. K.P. Singh, Radio Grid Supervisor of 147 battalion of CRPF

5. Mr. Rajender Singh, Constables of 147 battalion of CRPF

6. Mr. Rakesh Kumar, Constables of 147 battalion of CRPF

7. Mr. Brojesh Kumar, Constables of 147 battalion of CRPF

8. Mr. Sukhbinder Singh, Constables of 147 battalion of CRPF

9. Mr. Narendra Singh, Constables of 147 battalion of CRPF

10. Mr. Upendra Singh, Constables of 147 battalion of CRPF

11. Mr. Prem Chand Kahar, Constables of 147 battalion of CRPF

Date of incident: 5 – 11 October 2010; 21 October 2010 and 27 October 2010

Place of incident: 147 battalion of CRPF

I am writing to voice my deep concern regarding the torture and ill-treatment of Mr. Surinder Singh Chouhan by the Commandant for pursuing his studies for an MBA degree. Surinder has been working with the 147 battalion of Central Reserve Police Force (CRPF) as a wireless operator since 1 September 2008. I am informed that Surinder was posted at the Head Quarters (HQ) of the battalion at Kashipur, Silchar. Assam. Surinder has served in many operations with army companies of different battalions including C-company at Gharmura, D-company at Karimganj, E-company at Hailakandi and F-company at Fulertal.

I am informed that on 4 October 2010, Surinder got admitted to an MBA programme at the Sikkim Manipal University after obtaining the permission of his Commandant, Mr. T.K. Hati. On the next day, Surinder requested for permission to meet the commandant for necessary talks in connection with his admission, study and duty. However, Surinder’s request was denied and sent to the HQ.

I am informed that Surinder was then sent to the Deputy Commandant for Operations (DCO), Mr. Nabeen Chandra by Sub-Inspector Mr. T.N. Tripati. Thereafter, Surinder was presented before the commandant the same day evening around 7pm. The commandant behaved badly with him and threatened Surinder that he would snatch his job. He then detained Surinder and subjected Surinder to ill treatment for three days without any reason.

I am informed that on October 7, Surinder requested to be informed of his faults for which he was punished. But he did not receive any answer. Instead, Surinder was suspended from his duties on October 8. Surinder was then handcuffed and confined to the guardroom from 8 to 11 October. Surinder alleged that he was severely tortured both mentally and physically while he was in confinement.

I am informed that the Commanding Officer of F-company, Mr. Anwar Hussain, sent Surinder to the HQ for treatment on October 13 because his health had deteriorated. But on the same day the Radio Grid Supervisor, Mr. K. P. Singh, ordered to shift Surinder to D-company at Karimganj. Surinder informed the supervisor about his poor health but he was forced to comply the order.

Surinder alleged that on October 21, seven persons namely Mr. Rajender Singh, Mr. Rakesh Kumar, Mr. Brojesh Kumar, Mr. Sukhbinder Singh, Mr. Narendra Singh, Mr. Upendra Singh and Mr. Prem Chand Kahar came to him and started assaulting him with sticks and chains. Surider further stated that on October 23, the commanding officer of D-company, Mr. TN Tripati, ordered him to go for an operation without weapons at Ratabari area, which was reportedly a disturbed area. When Surinder urged the commanding officer to give him weapons it was denied.

I am informed that the official records were manipulated to show in the duty register that Surindar was engaged at the signal centre under the command of Mr. Manoj Singh. The duty register reportedly shows that Surinder was on duty at the signal centre from 7am to 1pm on October 23 and again from 7pm the same day till 7am the next day morning. Surinder alleges that the commanding officer sent him in the operation only to harass him by putting his life at risk. Surinder performed his duties along with the Superintendent of Police (SP) of Karimganj district in a search operation for nearly 24 hours at Ratabari area without any food and water. While returning from the operation one of Surinder’s colleagues felt very sick and therefore Surinder carried the Light Machine Gun (LMG) for his colleague.

Surinder alleged that on October 27 once again some persons assaulted him without any reason. They assaulted Surinder so badly that he fell down. They assaulted Surinder on his face, chest, stomach and other sensitive parts of his body including his penis. Surinder further alleges that they forced a broken stick into his anus. Surinder then somehow managed to escape from the clutchs of his tormentors and filed a complaint against the alleged perpetrators at the Court of the Chief Judicial Magistrate CJM) at Silchar. However, on the other hand, the CRPF also has filed a complaint at the Silchar Sadar police station alleging that Surinder has gone missing from his unit. Surinder was treated at the Silchar Medical College Hospital.

I am informed that a complaint was sent to the National Human Rights Commission (NHRC) on November 22 by the Barak Human Rights Protection Committee (BHRPC), Assam regarding the case of Surinder. I am informed that the NHRC has registered a case and issued an order on December 7 transmitting the complaint to the Secretary, Ministry of Home Affairs, for appropriate actions. It is also reported that the NHRC also has asked the Union Home Ministry on December 15 to submit an action taken report within four weeks.

I am informed that in the meanwhile Surinder has been nabbed by the police at Guwahati and sent back to the HQ of his battalion at Kashipur, Silchar. Later, Surinder was released from the HQ and granted him leave. I am informed that the Deputy Inspector General (DIG) of CRPF against Surinder initiated a departmental enquiry.

At this juncture, an independent inquiry in the case is required rather than initiating a departmental inquiry against Surinder.

I therefore request you to ensure an independent inquiry into the incident is ordered, not by the CRPF, but by a judicial officer, like the Judicial Magistrate in Asaam. The victim must be offered all possible protection during the period of investigation. The statement of the victim must be recorded and if the statement corroborates the allegations of torture along with the medical reports on the incident, a prosecution must be initiated in a civilian court against the perpetrators and they punished as prescribed in the penal law of India.

Yours sincerely,


—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. A. K. Anthony
Defence Minister
Government of India, 104 South Block
New Delhi
INDIA
Fax: +91 11 23015403
Email: cvo@nic.in

2. Dr. P. Chidambaram
Home Minister
Griha Mantralaya
Room No. 104, North Block
Central Secretariat, New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
E-mail: hm@nic.in

3. Mr. K. Vijay Kumar, IPS
Directorate General
Central Reserve Police Force
Block No. 1, C.G.O. Complex, Lodhi Road
New Delhi – 110001
INDIA

4. DIG (ADM), NES (Ops) Sector
NES (OPS) Headquarters
Jorhat, Assam
INDIA

5. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

6. Chief Justice
Guwahati High Court
Assam
INDIA
FAX +91 361 2604122 or +91 362 2735863 (Registrar General)
E-mail: hc-asm@nic.in, hicourtg@rediffmail.com

7. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

8. Mr. Justice S. Barman Roy
Chairperson
Assam Human Rights Commission
STATFED H.O. Building, GMC Road
Bhangagarh, Guwahati
Pin – 781005, Assam
INDIA
Fax: +91 361 2529450, 2527076
Email: hrca@sancharnet.in

To send letters please click here


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

AHRC URL: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-047-2011

CRPF assaulted a senior citizen at his home in Assam

February 24, 2011
Wounded Mr. Fariz Uddin Barbhuiya at the Silchar Medical College and Hospital, Silchar

Wounded Mr. Fariz Uddin Barbhuiya at the Silchar Medical College and Hospital, Silchar

Barak Human Rights Protection Committee (BHRPC) received a communication giving details of the case of 66-year-old Mr. Fariz Uddin Barbhuiya of village Kashipur under Silchar Sadar police station in Cachar district in the North East Indian state of Assam. The communication stated that on 27 July 2010 a team of more than 10 Central Reserve Police Force (CRPF) personnel entered his house, assaulted him, his son and wife causing serious injury to the old man allegedly for protesting against breach of contract by CRPF. A case has been filed at the police station but the police have not taken any visible actions yet. Another complaint has been filed at the National Human Rights Commission of India (NHRC) but there is no response as yet from the commission.

According to the communication and information received from other reliable sources, Fariz Uddin, a retired CRPF personnel lives in his house in front of the camp of 147 battalion of CRPF, a paramilitary force of the central government of India, at Kashipur, Cachar. He now supports his family with his pension and a little earnings from a small shop of betel nut (pan-shop) and a phone booth.

The victim stated that one Mr. Radhashyam Sahu, owner of High Tech Communication, was given the right to cut green grass from the campus of the 147 battalion at a public auction as the highest bidder. Subsequently on 22 April 2010 Mr. Sahu entered in a contract with Mr. Fariz Uddin that allows the latter to cut the grass and sell them for six months in consideration of advance payment of rupees 7500.00 (seven thousand and five hundred). After a few days Mr. Fariz Uddin came to know that another person was allowed to collect the grass and sell them. He was even not informed of the fact. Aggrieved by the breach of contract, Fariz Uddin went to Mr. Sahu and demanded an explanation. It is reported that Mr. Sahu ignored the question and misbehaved with Fariz Uddin. Then Fariz Uddin brought the matter to the notice of the commander of the battalion Mr. TK Hati with a request for redress on 26 July 2010.  Mr. Hati told that he himself engaged the other person who was collecting grass. When Fariz Uddin reminded Mr. Hati about the contract and requested him to return his money the later reportedly got furious and started hurling verbal abuse at him. He also threatened Farzi Uddin with dire consequences and warned him that the commander will teach him a lesson, as alleged in the communication. He went home disappointed and fearful.

The victim further stated that without further ado a team of 10/12 CRPF personnel accompanied by Mr. Radhashyam Sahu went to his house at about 4.30pm on 27 July. The team included constables Mr. Abani Nath, Mr. Shashi Bhushan, havildar Mr. Amir Uddin Laskar and was led by Mr. TK Hati. The victim claimed that the CRPF team forcibly entered into his house and started beating him without rhymes or reasons. They administered blows on him with their gun butts. They kicked him with their boots and punched him on the head and other sensitive parts of the body. Fariz Uddin’s wife Aftarun Nessa Barbhuiya and their son Asif Akhtar Barbhuiya tried to come in-between to save him. They also urged the para-military forces to spare the old man’s life. However, it is alleged that the CRPF team assaulted the mother and son too.

It is further alleged that the CRPF team damaged furniture, utensils and other valuable things in the house. The victims claimed that the raiding team also snatched away the cash box of their shop that contained approximately rupees 2500.00 (two thousand and five hundred).They left the house leaving the old man on the ground soaked in blood. When they were leaving, it is alleged, they warned the victims against complaining to the authorities and the police. They threatened the family that they would be charged with false allegations of keeping illegal firearms and ammunitions if they sought help from human rights organisations and inform the media.

Signboard of the PCO owned by Fariz Uddin Barbhuiya that was vandalised by the CRPF

Signboard of the PCO owned by Fariz Uddin Barbhuiya that was vandalised by the CRPF

After the CRPF team left, the family called an ambulance and took Mr. Fariz Uddin to the Silchar Medical College and Hospital. He was admitted at the SMCH and when his health improved after a few days’ treatment he was released.

Fariz Uddin also filed a complaint at the Silchar Sadar police station on 28 July 2010. An FIR was registered at the police station based on the complaint as Silchar PS Case No. 1445/10 under sections 147 (rioting or violence by an unlawful assembly), 448 (house trespass), 325 (causing grievous hurt), 323 (causing hurt), 427 (mischief causing damage), 307 (attempt to murder) and 149 (punishment of member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, 1860. Sub Inspector Mr. Jitu Mani Goswami was made the investigating officer (IO) of the case.

Fariz Uddin, however, alleged that the IO was not investigating the case properly. Instead, the officer-in-charge (OC) of the police station Mr. SK Chouhan was putting pressure on him to come to an amicable settlement with the accused CRPF personnel.

It is suspected that the OC has been influenced by the accused.

After receiving the communication BHRPC gathered other relevant information from its sources. BHRPC then filed a complaint at the National Human Rights Commission of India (NHRC) on 5 February 2011. BHRPC is yet to receive any response from the NHRC.

Date: 24 Feb. 11

Place: Silchar, Assam, India

CRPF personnel tortured and ill-treated by his superiors in Assam

February 24, 2011

CRPF personnel tortured and ill-treated by his superiors in Assam

Barak Human Rights Protection Committee (BHRPC) received a communication from a Central Reserve Police Force (CRPF) personnel alleging that he has been tortured and subjected to other cruel, inhuman and degrading treatment by his superior officers. The victim is a wireless operator with 147 battalion of CRPF. But the higher officials allegedly often have sent him in risky operations without arms even at times when he is ill. He has been kept in confinement in inhuman conditions and has also been assaulted and beaten up brutally. Stick has been entered into his anus. The victim is still kept imprisoned in a makeshift tent and reportedly he is still being subjected to inhuman treatment.

According to information received by BHRPC, Mr. Surindar Singh Chouhan, S/o late Anand Bahadur Singh Chouhan, aged about 39 years, has been working with 147 battalion since 1 September, 2008. He was posted at the head quarters (HQ) of the battalion at Kashipur, Silchar, Assam. However, he was also sent in operations with many companies of the battalion including C company at Gharmura, D company at Karimganj, E company at Hailakandi and F company at Fulertal etc.

Surider alleged that some of his superiors became spiteful towards him when he wanted to study MBA, for which he duly fulfilled all requirements. On 4 October 2010 Surindar took admission to MBA course under the Sikkim Manipal University with due permission from the commander Mr. TK Hati and drew a bank draft of Rs. 12500/- in the name of the university to pay his fees. On 5 October he requested for permission to meet the commandant at the head quarters for necessary talks in connection with his admission, study and duty. But his request was denied. When he insisted that his meeting with the commander is very important, the officer got furious and sent him to the head quarter imputing some false allegations on him. He was then sent to the DC OPS Mr. Nabeen Chandra by Sub-Inspector Mr. TN Tripati and Mr. Roy forcibly and very rudely while they also continued to hurl verbal abuses at him. At 19:00 hours same day he was presented before the commandant. The commander also behaved very roughly and threatened him that he would snatch his job and would put him into jail. He was kept in confinement without any written order and subjected to ill-treatment for three days.

On 7 October he requested to be informed of his faults for which he was given punishment. Nobody cared to answer. On 8 October he was suspended from his duties. From 8 to 11 October he was confined to the guardroom with his hands cuffed. Surinder alleged that he was severely tortured both mentally and physically while he was kept there. CRPF constables at the behest of superiors would tell him that this was his last moment and he is going to die while they pointed gun on his head. They did it innumerable times.

When he was with F company he fell ill and was sent to the head quarters by the Officer-in-Command Mr. Anwar Hussain for treatment on 13 October, 2010. But on the same day Mr. K. P. Singh, the Radio Grid Supervisor ordered him to shift to D company at Karimganj. He told the supervisor about his health condition, but no heed was given. On 13 October, 2010 he reported at D company at Karimganj despite inconvenience due to his physical condition.

Surinder alleged that on 21 October 7/8 soldiers including Rajender Singh, Rakesh Kumar, Brojesh Kumar, Sukhbinder Singh, Narendra Singh, Upendra Singh, Prem Chand Kahar came to him and started beating him with sticks and chains without rhymes or reasons. Surinder claimed that the constables tried to make him angry and to provoke him into attacking them. However, he did not fall into the trap. Then they tried to compel him to assault the quarter guard Mr. Jaibuddin Khan. But he did not do that. These tricks were applied by the OC with an intention to find a ground for filing a criminal case against Surinder.

Surider further stated that on 23 October 2010 the OC of D company Mr. TN Tripati ordered him to go in an operation and search duty without arms at Ratabari area, which was reportedly a disturbed area. When Surinder urged the OC to give him arms for his safeguard, he was denied.

Surindar claimed that according to the rules his duties should be assigned by the ASI/ RO Mr. Monoj Singh in place of the OC. So, he objected to such irregular assignment of duties by the OC in violations of rules. However, he was compelled to obey. Surinder further stated that the official record was manipulated and it is shown in the duty register that he was engaged by the ASI/RO Mr. Monoj Singh at signal centre. It register shows that he was on duty there since 07:00 hours to 13:00 hours on 23 October 2010 and again since 19:00 hours on 23 October 2010 to 07:00 hours on 24 October 2010. But in reality he was forcibly sent to the risky operation and search duty. Surinder also stated that he was aware that anybody could be shifted to any duty during emergency and he claimed that there was no such emergency. Moreover, there were many other eligible personnel for the duty. Surinder claimed that the OC sent him in the operation only to harass him by putting his life and limbs at risk. He performed his duties with the Superintendent of Police (SP) of Karimganj district in a search operation looking for some suspects for approximately 24 hours at Ratabari area without food, water etc. While returning from the operation one of his colleagues felt very sick and he carried his LMG.

Surinder further alleged that on 27 October once again some constables assaulted him. They beat up him so furiously that he fell down on the floor. But they did not stop. They beat him on his face, chest, stomach and other sensitive parts of his body including the privates. They entered broken stick into his anus. Surinder stated that some of the constables namely Upendra Singh, Prem Chand Kahar and Dilip Kumar did not want to inflict such brutal torture on him. But they were compelled by threats of similar treatment by Mr. Hati.

Surinder then somehow managed to escape from the clutch of his tormentors as he alleged. He filed a complaint against the alleged perpetrators at the Court of the Chief Judicial Magistrate at Silchar. He also received treatment at the Silchar Medical College and Hospital.  He tried to keep himself out of the reach of his battalion. However, they filed a missing case at the Silchar Sadar police station.

At this point in time on 4 November Surinder sent a communication to the BHRPC giving details of his situation. BHRPC filed a complaint at the National Human Rights Commission of India on 22 November. The NHRC registered a case and passed an order on 7 December transmitting the complaint to the Secretary, Ministry of Home Affairs, for appropriate actions. The NHRC also asked the Home Ministry on 15 December to submit an action taken report within four weeks. But the BHRPC did not receive any information even after seven weeks.

Meanwhile Surinder has been nabbed by the police at Guwahati and sent back to the head quarters of his battalion at Kashipur, Cachar. He has informed BHRPC through a friend that he is being kept under the sky in a poorly made makeshift tent which is unable to protect him from the cold. Every now and then he was being beaten up and subjected to other inhuman treatment. According to the information, food and other necessities were also not being properly provided.

On 11 February the victim was released and granted leave. He went home that day. BHRPC received information that the Home Ministry also reportedly asked for a report from the CRPF at the direction of the NHRC. But the inquiry is being conducted by a DIG of CRPF. It is suspected that the inquiry by another officer of the force against his colleagues would not be objective. On the other hand, the CRPF also initiated a departmental inquiry against him.  A thorough, prompt and independent inquiry in the case is a must.

11 February, 2011

Silchar, Assam