Statement On The Death Of Faizuddin Ahmed Of Darrang

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:31-10-2008

For Immediate Release

14 July, 2009

Statement of BHRPC on the Death of Faizuddin Ahmed of Darrang, Assam Barak Human Rights Protection Committee (BHRPC), a human rights organisation monitoring and documenting human rights violations in Assam, has come over reports that Assam Police brutally killed an elderly respectable person named Faizuddin Ahmed, resident of village Latakhat under Dhula police station in Darrang district in a home invasion on 11 July, 2009. The 74 year old man did not went to hiding when a police team barged into his house at about 10pm purportedly in search of 3 persons accused in a case as done by other co-accused. The family members of the deceased state that when they insisted that he should avoid the police and answer the charges against him in the court he maintained that there was no need to go hiding from police as he was innocent. The case against him and two other persons was false and filed maliciously because he tried to intervene in a dispute involving his covillagers to settle it amicably, say some local people. One of the parties to the dispute was not happy with him and they filed an allegedly false case against him. It is this case in connection with which the police raided his house. According to the reports, the police demanded ten thousand rupees from him because he made them to visit his house in the night as there is a case against him. If there was no case they would not have to toil so much. It is he who is responsible for accusations against him and he had to pay for it. The elderly person pleaded his innocence repeatedly and told them that if they insist he could only pay them rupees two thousand. At this offer the men in uniform got infuriated and started to beat him, sources claim. The aged fragile body could not stand the brutal assaults and succumbed at the spot. According to the reports, the local people assembled at Faizuddin’s house and gheraoed the police team, immediately after the incident. They demanded exemplary punishment against the guilty police officers. A case has been registered against the raiding police personnel in Dhula police station bearing Case No. 157/ 2009. It appears that there were some charges against the deceased. But allegations of offences, whether true or false, do not render a person bereft of his basic human rights. Crimes on the person of an accused or suspect are equally prohibited as in the case of any other person. The information received by the BHRPC prima facie establish a case of torture and murder attracting punishment under section 331, 302 and 34 of the Indian Penal Code, 1860 (IPC). This incident of extra judicial killing is a flagrant violation of the rule of law, basic features of the Indian Constitution and Articles 21 and 22 of the Constitution as interpreted by the Supreme Court of India. This incident is also a gross violation of the international obligation of the state of India, which has bound itself under various human rights treaties and other instruments, such as Articles 3 and 5 of the Universal Declaration of Human Rights. India is a party to the International Covenant on Civil and Political Rights, 1966 and it is the obligation of the state of India under Article 2 of the covenant “to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present covenant”. Article 6 of Contd. to next page

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/

Page -2

Date:31-10-2008

the Covenant recognizes right to life stating, “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” The present case clearly shows the failure of Indian state to respect its obligation under this Article. Faizuddin Ahmed was deprived of his life intentionally/knowingly by the agents of the state. The case also attracts Article 7 of the covenant, which reads, “No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment”. The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which India is a signatory, prohibits torture peremptorily and absolutely. No analysis is needed to show that this case falls under the definition of torture as given in Article 1 of the Convention. Beside the fact that torture is universally prohibited, the Supreme Court of India also held that the right to freedom from torture is inherent in Article 21 of the Constitution. The phenomenon of such police brutality was brought before the Supreme Court in many cases. In D K Basu Vs. State of West Bengal the Court observed that “the custodial death is perhaps one of the worst crime in a civilized society governed by the rule of law. The rights inherent in Articles 21 and 22 (1) of the Constitution require to be zealously and scrupulously protected. Court cannot wish away the problem. Any form of torture or cruel inhuman degrading treatment would fall within the inhibition of Article 21 of the Constitution. Whether it occurs during the interrogation or otherwise. If the government becomes lawbreakers it is bound to breed contempt for law and would encourage lawlessness to become law unto himself thereby leading to anarchism. No civilized nation can permit that to happen”. Though technically this incident is not a custodial death, it is worse than that. In the circumstances BHRPC wrote to the Chief Minister of Assam urging him to take necessary actions including: 1. To conduct a prompt magisterial inquiry into the incident leading to the death of Faizuddin Ahmed and make the findings known to the public within a week; 2. To hand over the case to the Crime Branch of Criminal Investigation Department of Assam Police and ensure an objective, impartial and thorough investigation to bring the offenders to justice; 3. To pay ex-gratia of rupees two lakh to the heirs of the deceased; and 4. To take concrete steps towards humanisation of the police force of the state and to make them people friendly. Issued by

(Neharul Ahmed Mazumder) Secretary General

Ends