Statement Of Bhrpc On The Occasion Of The International Day Of The Disappeared

OFFICE OF THE

BARAK HUMAN RIGHTS PROTECTION COMMITTEE Rongpur Part-iv (Near Uco Bank), Silchar - 9, Cachar (Assam)

FOR EQUALITY, A human rights organisation of the nature as is contemplated under Sec 12 (i) of the JUSTICE Protection of Human Rights Act, 1993 and registered under AND PEACE the Societies Registration Act, 1860. E-mail: [email protected], FAX- 03842-263592; WebPages: http://bhrpc.net.googlepages.com

Ref. No. BHRPC/

Date: 31-08-09

Statement of BHRPC on the Occasion of the International Day of the Disappeared Barak Human Rights Protection Committee (BHRPC) expresses its gratefulness to Dr. Manmohan Singh, the Prime Minister of India on the occasion of the International Day of the Disappeared for instruction to the Chief Secretary of Assam to take actions regarding disappearance of Paresh Das and Dilip Das issued by the Prime Minister’s Office (PMO) vide letter No. 13/3/2009-PMP3/75979 dated 6 August, 2009 in response to a letter of BHRPC addressed to him while, at the same time, expressing its hope that more concrete steps will be taken to find out the whereabouts of the victims or the truth about their fate. To commemorate the International Day of the Disappeared BHRPC yesterday held a public meeting where the victims of Involuntary and Enforced Disappearance, particularly those from Assam, have been remembered and solidarity to the family members of the victims has been expressed. As per the decisions taken in this meeting BHRPC yesterday wrote to the Prime Minister sending copies of the letter to the Union Ministers of Home Affairs, External Affairs, Law and Justice and other authorities. BHRPC in the letter beside expressing its gratefulness to the PM for the prompt action of the PMO drew his attention to another grave incident of enforced disappearance in Assam and, most importantly, the necessity to ratify the International Convention for the Protection of All Persons from Enforced Disappearance adopted by the United Nations General Assembly by consensus on 20 December 2006 (A/RES/61/177), which India has also signed on 6 February 2007. So far as the above mentioned incident of enforced disappearance is concerned, 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 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. 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 told them that the arrestee had been escaped from the custody. But the local people and family members suspect 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 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 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. BHRPC requested the PM for his urgent intervention in this case. Contd...

OFFICE OF THE

BARAK HUMAN RIGHTS PROTECTION COMMITTEE Rongpur Part-iv (Near Uco Bank), Silchar - 9, Cachar (Assam)

FOR EQUALITY, A human rights organisation of the nature as is contemplated under Sec 12 (i) of the JUSTICE Protection of Human Rights Act, 1993 and registered under AND PEACE the Societies Registration Act, 1860. E-mail: [email protected], FAX- 03842-263592; WebPages: http://bhrpc.net.googlepages.com

Ref. No. BHRPC/

Date: 31-08-09 -2-

BHRPC also conveyed to the PM its view that the increasing rate of the incidents of such Involuntary and Enforced Disappearance within and outside India is a grave menace to the rule of law, human rights and the human civilisation. It is obvious that Enforced Disappearance exposes the victim to every type of violations of his/her rights. It also violates the right to psychological integrity of the family members, relatives and nieghbours of the victim creating panic, terror and distrust in the society, which in turn prevents individual as well as the society from nurturing the human and economic development that is a right of all people. Recognizing the gravity of this form of violation of human rights the General Assembly of the United Nations adopted the International Convention for Protection of All Persons from Enforced Disappearance, as mentioned above. But it has not yet come into force and for this ratification by seven more country is needed. India has not yet ratified it, though it is a signatory to the Convention. BHRPC thinks as a member of the UN Human Rights Council and an aspirant to be a permanent member of the UN Security Council India should show the world its commitment to the human rights and the rule of law by being among the first 20 countries to ratify the Convention and thus instrumental to its entry into force. BHRPC specifically urged the PM to ensure that: 1. more concrete steps are taken for finding out the whereabouts or truth about the fate of Paresh Das and Dilip Das and for providing their dependents with adequate reparation; 2. prompt concrete actions are taken for finding out the whereabouts or truth about the fate of Ramesh Rabha and for providing his dependents with adequate reparation; 3. the International Convention for the Protection of All Persons from Enforced Disappearance is ratified at the earliest opportunity without any limiting reservations; 4. while ratifying, the declarations required under Articles 31 and 32 of the Convention are made to recognise the competence of the Committee on Enforced Disappearances to consider communications from individuals and states parties; and 5. the necessary steps are taken effectively to implement the Convention at national level soon after ratification.

Issued by

Neharul Ahmed Mazumder Secretary General