URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTIONASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM 10 December 2003 UA-79-2003: INDIA: Illegal arrest and torture of 13 year old boy at Magrahat Police Station, West BengalINDIA: Ill treatment of children; Torture in police custody. The Asian Human Rights Commission (AHRC) is extremely concerned by the torture and illegal arrest of a child in West Bengal, India. On 16 October 2003, officers from the Magrahat Police Station, South 24 Parganas District arbitrarily arrested Salauddin Sk. at his house and tortured him brutally from 16 October to 19 October 2003. AHRC condemns such brutal torture and ill treatment of children and urges the Government of India to immediately prosecute the responsible officers. The Indian government should also ratify the Convention against Torture (CAT) to ensure that these incidents do not reoccur. DETAILED INFORMATION: Name of victim: Salauddin Sk., son of Sabur Ali Sk., 13-years-old Perpetrators: Some officers attached to the Magrahat Police Station, South 24 Parganas District, West Bengal, India Period of illegal arrest, detention and torture: from 16 October to 19 October 2003 Case details: Salauddin is a student of class 8 of Mohanpur High Madrasa. On 16 October 2003 when he was reading his books at home, a police party came, searching for his older brother, Noor Nabi, who is a carpenter by profession. At that time Noor was not at home. The police party then arrested Salauddin instead, abusing him with filthy language and took him in the police jeep to the station. In the Magrahat Police Lock-up, Salauddin was stripped. Then policemen tied a brick with one end of a rope, while tying the other end of to his penis and testicles jointly. Salauddin was also beaten with sticks, fists and blows. Because of this torture, at present Salauddin cannot urinate easily. He is suffering from continuous pain in his penis and lower abdomen. Even though Salauddin is a child, the police did not follow the guidelines of the "Juvenile Justice Act 1986." Section 41 of the Act states: "Punishment for cruelty to juveniles- (1) Whoever, having the actual charge of, or control over a juvenile, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both."The police also purposefully did not comply with the mandatory provisions of arrest, as laid down by the Supreme Court in the D.K. Basu case. The police did not issue a Memo of Arrest on the spot. According to article 21 of the Indian Constitution, "No person shall be deprived of his life or personal liberty except according to procedure established by law." Also, the Article 22(2) of the Indian Constitution states, "Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate." Hence, Salauddin was unconstitutionally detained in police lock-up for more than 4 days and mercilessly tortured.On 20 October 2003 Salauddin was forwarded to court with a fictitious case where he got bail. Mr. Tamal Das, Officer-in-Charge of Magrahat Police Station, said that he knows nothing of this incident, and has said he would make an enquiry. However, there has been no serious action taken by the police on this case yet. According to Mr. Sabur Ali, father of the victim, he was an activist of the former ruling party, the Communist Party of India. He left the party and joined the Congress Party along with others. In the last Panchyat election in their village, the Congress candidate won, defeating the Communist candidate. Since then, the police harassment has started. The police also arrested Mr. Sabur Ali on 19 October 2003. In addition, Parizan Bibi, mother of Salauddin and wife of Mr. Sabur Ali, complained of sexual harassment and the use of filthy, abusive language to her by the raiding police party. SUGGESTED ACTION:Please send a letter, fax or email to the local authorities expressing your concern of this serious case. 1.Dr. P.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 Email:presssecy@alpha.nic.in 2. Shri Justice A S Anand Chairperson, National Human Rights Commission of India Sardar Patel Bhawan Sansad Marg, New Delhi - 110 001, INDIA Tel:+91 11 2334 0891 / 2334 7065 Fax: +91 11 2334 0016 E-Mail: chairnhrc@nic.in 3. Ministry of Home Affairs, North Block, Central Secretariat New Delhi - 110 001, India Tel: +91 23092011, 23092161 Fax: +91 23093750, 23092763 E-mail: websitemhaweb@mha.nic.in 4. Shri Justice Mukul Gopal Mukherji Chairperson, West Bengal Human Rights Commission Bhabani bhavan, Alipore,Calcutta-700027 Tel: +91 33 4797259 / 5558866 Fax: +91 33 47996336. 5. Mr. Theo C. van Boven Special Rapporteur on the Question of Torture OHCHR-UNOG8-14 Avenue de la Paix1211 Geneva 10 SWITZERLAND Fax: +41 22 917-9016 E-mail:secrt.hchr@unog.ch Sample letter: Dear Re: Illegal arrest and torture of 13/14 year old boy at Magrahat Police Station Name of the victim: Salauddin Sk., son of Sabur Ali Sk., 13, a student in class 8 of Mohanpur High Madrasa. Perpetrators:Some officers attached to the Magrahat Police Station, South 24 Parganas District, West Bengal, India Period of illegal arrest, detention and torture: From 16 October to 19 October 2003I am shocked to hear about the illegal arrest and brutal torture of 13 year old boy Salauddin Sk. According to the information I have received, on 16 October 2003 Salauddin was arrested by a police party came from the Magrahat Police Station, instead of his older brother Noor Nabi, even though he did not commit any crime. Salauddin was illegally detained and tortured in the Magrahat Police Station lock-up from 16 October 19 October 2003. On 20 October 2003, the police produced Salauddin in court with a fictitious case where he got bail.The manner in which the police arrested and tortured Salauddin reflects the nature of police action in India. In the Magrahat Police lock-up Salauddin was stripped. Then policemen tied a brick with one end of a rope, while tying the other end of to his penis and testicles jointly. Salauddin was also beaten with sticks, fists and blows. At present Salauddin cannot urinate easily. He is suffering from continuous pain in his penis and lower abdomen. Furthermore, the Officer-In-Charge of the Magrahat police station claims to have no information about this case. No serious action has yet taken by the police to investigate this case. Therefore, I strongly urge you to take immediate action to prosecute the responsible officers. I also urge you to withdraw the false charge on the victim. I further urge the responsible authorities to provide compensation to the victim. Lastly, I request the Government of India to declare the torture as a crime and to ratify the Convention against Torture (CAT) as soon as possible to ensure that these incidents do not reoccur. For how long do the innocent people have to further suffer from torture and ill treatment in India? The Government of India must take speedy and strong actions to eliminate the widely spread custom of torture at police stations in India immediately. Sincerely yours Thank you. Urgent Appeals Programme Asian Human Rights Commission (AHRC) If you want to contact the Urgent Appeal program of the AHRC, kindly send an email to ua@ahrchk.org and NOT to ua@ahrchk.info ______________________________________________________________________ Philippines: Jailed kids to sue GMA for crimes against humanity [Press Release] Charges of crime against humanity would be filed on behalf of all child prisoners against President Gloria Macapagal Arroyo and her top officials on the occasion of Human Rights Day (Dec. 10 at 10 a.m.) at the Ombudsman. Five child victims of police detention aged 11 to 17 would urge the Ombudsman to slap charges of crime against humanity against Arroyo, PNP chief General Hermogenes Ebdane, DILG Secretary and Napolcom chairman Jose Lina, and Justice Secretary Simeon Datumanong for jailing kids with adult prisoners with impunity. Simultaneously, members of the Coalition to Stop Child Detention Through Restorative Justice would stage a rally at the Ombudsman office at 10 a.m. Wednesday (Dec. 10) to urge the Ombudsman to order Arroyo and her top officials to immediately stop the illegal practice and divert arrested children instead to the custody of social workers or responsible members of the community. Police child detention causes undue injury to Filipino child prisoners, the group said. Arroyo and her officials perpetrate the illegal practice of jailing kids with adults nationwide in an organized, systematic, and widespread scale,the Coalition composed of at least 24 organizations nationwide said in a statement. Arroyo cannot hide behind the cloak of state immunity from suit since her administration’s institutionalized practice of jailing kids with adults constitutes a crime against humanity, the group added. The kids represented child prisoners whom police habitually jail together with adult prisoners. The kids decried the tattooing, rape, and torture inflicted on them by adult prisoners. Lawmen were also charged by the kids of torturing and sexually molesting them while in police custody. DSWD figures showed that 4,544 kids including 441 girls had been imprisoned during the first quarter this year. Statistics of Bureau of Jail Management and Penology showed that 2,039 kids had been detained in September this year. At least 589 of them were in Metro Manila. During police custody, the kids were deprived of access to legal, medical, social, and psychological assistance and services. Arroyo’s administration concealed the illegal practice of police child detention when it submitted its report recently to the United Nations Committee on the Rights of the Child. The body monitors the government’s compliance with its treaty obligation. The Philippines signed the UN Convention on the Rights of the Child that outlaws the mixing up of children with adult detainees. Police child detention, the group said, also violates the Torture Convention. The group would demand that Arroyo and her top officials enforce Section 8 of the Child and Youth Welfare Code (Presidential Decree 603) mandating lawmen to consult with social workers upon the arrest of children and order their release to DSWD or responsible members of the community. In reality, however, lawmen violate this law with impunity on a national scale and haul off and lock up kids instead in police jails, in the company of adult prisoners over long periods. The rallyists would proceed to the Commission on Human Rights to urge the body to stop the illegal practice. For queries, please contact Atty. Perfecto G. Caparas II Cell No. 0920-5086009