Appeal For Urgent Actions In Ramesh Rabha Enforced Disappearance Case

BARAK HUMAN RIGHTS PROTECTION COMMITTEE Rongpur Part-iv (Near Uco Bank), Silchar - 9, Cachar (Assam) E-mail: [email protected], FAX- +913842-263592; WebPages: http://bhrpc.net.googlepages.com

APPEAL FOR URGENT ACTIONS PROGRAMME Urgent Appeal No. 09/2009

Date: 01/09/09

Subject: Disappearance of a 18 Year Old Boy from Police Custody in Assam. ISSUES: Enforced Disappearance, Violations of Right to Life, Right to Truth, Justice and Reparation, Right to Freedom from Torture and Risk of Impunity. BARAK HUMAN RIGHTS PROTECTION COMMITTEE (BHRPC), a human rights organisation working in Assam, India, requests your urgent actions in the following situation in Udalguri district of Assam. BRIEF DESCRIPTION OF THE SITUATION: BHRPC has received information from reliable sources that the whereabouts of Ramesh Rabha, aged 18 years, son of Ravendra Rabha of village Khonchayapara under Tongla police station in the district of Udalguri in Assam is still unknown even more than one and a half month passed by since he was taken into custody by the police posted at the Tongla P. S. allegedly in connection with Tongla P. S. Case No. 44/09 under sections 341, 326 and 307 of the Indian Panel Code, 1860 registered on the basis of a complaint filed by one Nilima Das of the same locality alleging the victim assaulted her son Drubhajyoti Das with a sharp weapon on 12 July 2009. Rabha was last seen on 13 July at Tongla police station when family members visited him. They alleged that they witnessed signs of brutal torture in the forms of multiple severe injuries on his person. On 14 July they once again visited the police station to meet the victim but the Officer-in-Charge this time told them that the arrestee had been escaped from the custody. But the local people and family members maintained that it is impossible for an untrained, unarmed and brutally battered person to escape from the police lock-up in the police station itself. Some relatives fear that the victim might have been killed by the police. His parents desperately want to find their son. Relatives and local people have been demanding to know the truth. They wrote to the Harishinga Circle Officer as he is the nearest magistrate, the SubDivisional Police Officer (SDPO), Sub-Divisional Magistrate (SDM) of Bhergaon SubDivision, Superintendent of Police (SP) and District Magistrate of Udalguri district on 28 July urging them to disclose whereabouts of the victim. In view of inaction of the authorities the people residing under Tongla police station came out and held a protest meeting on 9 August, 2009 and demanded immediate actions. The situation

is still very tense. People are getting desperate. Though there are many such cases in Assam, this fresh incident needs your urgent action. ACTIONS REQUESTED: Please write to the authorities in India urging them 1. To disclose the whereabouts of the victim or his fate immediately; 2. To conduct a prompt, objective and transparent investigation into the incident find out the violators; 3. To bring the violators to book and punish them as per law; 4. To pay adequate reparation to the family members of the victim; and 5. To protect the right to life, right to truth, justice and reparation and right to freedom from torture of the people residing in Assam. Or you may forward the following letter adjusting the salutation part to the addresses given bellow:

To The Prime Minister of India, Prime Minister’s Office, Room No. 152, South Block, New Delhi Subject: Urgent Appeal Regarding Enforced Disappearance of Ramesh Rabha in Assam. Dear Sir/Madam, I am informed by reliable sources that the whereabouts of Ramesh Rabha, aged 18 years, son of Ravendra Rabha of village Khonchayapara under Tongla police station in the district of Assam is still unknown even more than one and a half month passed by since he was taken into custody by the police posted at the Tongla P. S. allegedly in connection with Tongla P. S. Case No. 44/09 under sections 341, 326 and 307 of the Indian Panel Code, 1860 registered on the basis of a complaint filed by one Nilima Das of the same locality alleging the victim assaulted her son Drubhajyoti Das with a sharp weapon on 12 July 2009. According to the sources, the family members of the victim alleged that when they visited the police station on 13 July they witnessed signs of inhuman torture in the form of multiple severe injuries. On 14 July they once again visited the police station to meet the victim but the Officer-in-Charge this time told them that the arrestee had been escaped from the custody. But the local people and family members fear that the victim might have been killed by the police. His parents desperately want to find their son. Relatives and local people have been demanding to know the truth.

The same sources informed that the local people wrote to the Harishinga Circle Officer as he is the nearest magistrate, the Sub-Divisional Police Officer (SDPO), Sub-Divisional Magistrate (SDM) of Bhergaon Sub-Division, Superintendent of Police (SP) and District Magistrateof Udalguri district on 28 July urging them to disclose the whereabouts of the victim. According to the same sources, in view of inaction of the authorities the people residing under Tongla police station came out and held a protest meeting on 9 August, 2009 and demanded immediate actions. The situation is still very tense. People are getting desperate. I respectfully urge you to take note of the fact that this is an unambiguous case of enforced disappearance within the meaning of the term assigned by the International Convention for Protection of All Persons from Enforced Disappearance, which was adopted by the United Nations General Assembly by consensus on 20 December 2006 (A/RES/61/177) and India is a signatory to the Convention. The case also constitute violations of the right to life, right to truth, justice and reparation, right to freedom from torture that are enshrined in the constitution of India and also guaranteed by a number of International Human Rights Treaties to which India is a state party of signatory. More over the case involves huge risk of impunity and perpetuation of impunity prompts repetition of violations. In the circumstances I urge you to appropriate actions 1. To disclose the whereabouts of the victim or his fate immediately; 2. To conduct a prompt, objective and transparent investigation into the incident in order to find out the violators; 3. To bring the violators to book and punish them as per law; 4. To pay adequate reparation to the family members of the victim; and 5. To protect the right to life, right to truth, justice and reparation and right to freedom from torture of the people residing in Assam. I look for your prompt response into this important matter involving the question of life and death. With Regards Sincerely Yours Your Signature Your Address Addresses to be sent to: 1. Mr. Manmohan Singh The Prime Minister of India Prime Minister's Office Room number 152, South Block New Delhi, INDIA

Fax: +91 11 23019545 E-Mail: [email protected] 2. Mr. 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

3. Mr. Tarun Gogoi, Chief Minister of Assam, Assam Secretariat, Dispur, Guwahati-6, Assam, India Fax: +913612262069 4. The Chairperson, National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001, India Fax: +911123340016 E-Mail: [email protected] 5. The Chairperson, Assam Human Rights Commission, Gauhati Medical College and Hospital Raod, Bhangagar, Guwahati-5, Assam, India Fax: +913612529450/2527076 E-Mail: [email protected] 6. The Chief Secretary of Assam, Assam Secretariat, Dispur, Guwahati-781006 Fax: +913612260900 Phone: +913612261120

URL of the page: http://bhrpc.net.googlepages.com/appealforurgentactionsprogramme%3Aayoungbo URL of pdf version: http://bhrpc.net.googlepages.com/APPEALFORURGENTACTIONSINRAMESHRABHAE. pdf