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

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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 Appealconcerning the case of torture of a 66-year-old person, his aged wife and son by a groupof Central Reserve Police Force (CRPF) officers at the victim's residence. No action wastaken upon a complaint filed at the Silchar Sadar police station concerning the incident. Itis reported that the Office-in-Charge (OC), instead of investigating the case is demandingthat Fariz settle his complaint against the CRPF and rather withdraw it should he not darefacing yet another assault from the CRPF. Fariz filed another complaint at the NationalHuman Rights Commission (NHRC), which was also not acted upon. Please take thesuggested actions.

Yours sincerelyWaliullah Ahmed LaskarUrgent Appeal Desk Barak Human Rights Protection CommitteeRongpur, 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,

http://www.urgentappeals.net/support.php?ua=AHRC-UAC-074-2011








The Asian Human Rights Commission (AHRC) has received information from theBarak 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 ReservePolice Force (CRPF) officers at the victim's residence. It is reported that the CRPFtortured 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 protestedagainst the CRPF concerning a civil dispute. Fariz had to be hospitalised at theSilchar Medical College Hospital (SMCH) to recover from the injuries. No actionwas taken upon a complaint filed at the Silchar Sadar police station concerning theincident. It is reported that the Office-in-Charge (OC), instead of investigating thecase is demanding that Fariz settle his complaint against the CRPF and ratherwithdraw it should he not dare facing yet another assault from the CRPF. Farizfiled another complaint at the National Human Rights Commission (NHRC), whichwas 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 alongwith his wife and son on 27 July 2010. Fariz was seriously injured in the incident and hadto 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 smallshop where he sells betel nuts and operates a public call office (PCO). Fariz alleges thathe was assaulted for protesting against the CRPF concerning a civil contract.

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

It is reported that Sahu ignored Fariz's question and misbehaved to him. Fariz wasdisappointed and on 26 June complained to the commander of the battalion, Mr. T. KHati, asking him to intervene. The commander reportedly informed Fariz that it was himwho allowed the other person to cut and sell grass from the campus. Fariz then remindedthe 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 toreturn the money. The officer then threatened Fariz and warned him that he will be taughta lesson for daring to demand the return of the money from a superior officer. Fariz wenthome disappointed. Fariz stated that following his argument with the commandant, ateam of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz's houseat 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, andHavildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him withoutany 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 NessaBarbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested theofficers 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 valuablethings in his house. Fariz claims that the officers then took the cash box of his shop thathad approximately Rs. 2500.00 in it at the time. When the officers left, they warned Farizagainst complaining to the authorities or to the police about the incident. The officers alsothreatened the family that they would be charged with false cases of keeping illegalfirearms 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 Farizto the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCHand 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 July2010 concerning the incident and requesting the police to take appropriate actions againstthe CRPF officers. The police registered an FIR (First Information Report) based on thecomplaint as Silchar PS (police station) Case No. 1445/10 under Sections 147(punishment for rioting), 448 (punishment for house-trespass), 325 (punishment forcausing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causingdamage), 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 Goswamiwas 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 anamicable settlement with the accused CRPF personnel and withdraw the complaint.Another complaint was then filed at the National Human Rights Commission (NHRC) on5 February 2011 with the help of local human rights group, Barak Human RightsProtection Committee (BHRPC). BHRPC informs that there have been no responses fromthe NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring tocomplain 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 formerconstable. In places like Assam in India, the CRPF and other paramilitary units haveabsolute impunity wherever they are posted. The AHRC has reported more than 300cases of torture, murder and rape committed by the CRPF and other paramilitary units inIndia over the past six years. Most of these cases find some action only when the AHRCmakes 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 theseagencies. 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 caseimmediately.

The AHRC is also writing a separate letter to the UN Special Rapporteur on the questionof 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 athis 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 underthe 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 on27 July 2010. I am concerned to know that the complaints filed by the victims at the localpolice station and at the National Human Rights Commission (NHRC) have not beenacted upon. On the contrary, the local police is demanding that the victim settle the casewith the CRPF outside the police station and withdraw his complaint, or dare facing yetanother assault from the CRPF.

I am informed that there were about ten CRPF officers who entered the Fariz's house andassaulted him along with his wife and son. Fariz was seriously injured in the incident andhad 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 smallshop where he sells betel nuts and operates a public call office (PCO). Fariz alleges thathe was assaulted for protesting against the CRPF concerning a civil contract.

Fariz alleges that one Mr. Radheshyam Sahu, had obtained permission to cut and sellgrass from the CRPF 147 battalion campus through a public auction. Thereafter, Sahuentered into a contract with Fariz on 22 April 2010 allowing Fariz to cut and sell grass forwhich he paid Sahu Rs. 7,500.00. Few days later, Fariz came to know that Sahu hadallowed 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 wasdisappointed and on 26 June complained to the commander of the battalion, Mr. T. KHati, asking him to intervene. The commander reportedly informed Fariz that it was himwho allowed the other person to cut and sell grass from the campus. Fariz then remindedthe 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 toreturn the money. The officer then threatened Fariz and warned him that he will be taughta 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, ateam of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz's houseat 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, andHavildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him withoutany 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 NessaBarbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested theofficers 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 valuablethings in his house. Fariz claims that the officers then took the cash box of his shop thathad approximately Rs. 2500.00 in it at the time. When the officers left, they warned Farizagainst complaining to the authorities or to the police about the incident. The officers alsothreatened the family that they would be charged with false cases of keeping illegalfirearms and ammunition if they sought help from the human rights organisations orinformed the media. After the officers left the family called an ambulance and took Farizto the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCHand 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 againstthe CRPF officers. The police registered an FIR (First Information Report) based on thecomplaint as Silchar PS (police station) Case No. 1445/10 under Sections 147(punishment for rioting), 448 (punishment for house-trespass), 325 (punishment forcausing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causingdamage), 307 (attempt to murder) and 149 (punishment of being a member of unlawfulassembly) of the Indian Penal Code, 1860 (IPC). Sub-Inspector Mr. Jitu Mani Goswamiwas 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) on5 February 2011 with the help of local human rights group, Barak Human RightsProtection Committee (BHRPC). BHRPC informs that there have been no responses fromthe NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring tocomplain 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 formerconstable.

I am also informed that in places like Assam in India, the CRPF and other paramilitaryunits have absolute impunity wherever they are posted. I am informed that the AsianHuman Rights Commission (AHRC) has reported more than 300 cases of torture, murderand rape committed by the CRPF and other paramilitary units in India over the past sixyears. In most of these cases actions were initiated only when the AHRC made theincident public. I am also informed that the AHRC has noted that in many cases thevictims refuse to speak about the incident due to fear of further assault or threat fromthese 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 havefiled at the NHRC without any further delay.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. K. Vijay Kumar, IPSDirector GeneralCentral Reserve Police ForceBlock No. 1, C.G.O. ComplexLodhi RoadNew Delhi – 110001INDIA

2. DIG (ADM), NES (Ops) Sector NESOperations Headquarters

JorhatAssamINDIA

3. Mr. Tarun GogoiChief Minister of AssamAssam Secretariat, DispurGuwahati-6, AssamINDIAFax: +91 361 2262069

4. Director General of PoliceAssam, UlubariGuwahati-7, AssamINDIA

5. Chief JusticeGuwahati High CourtGovernment of Assam



INDIAFAX +91 361 2604122 or +91 362 2735863 (Registrar General)E-mail: [email protected], [email protected]

6. Chief Secretary

Assam Secretariat, DispurGuwahati-6, AssamINDIAFax: +91 361 2260900Email: [email protected]

Thank you.

Urgent Appeals ProgrammeAsian Human Rights Commission ([email protected] )

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

mailto:[email protected]









http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-074-2011









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