UPDATE (India): A dalit human rights activist suspected to be in the illegal police custody and his life under threat

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-031-2007
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received credible information through its local partner the PVCHR, a human rights organisation based in Varanasi, in Uttar Pradesh state, India that one of their activists Mr. Ram Prasad Bharati on his way from Sonbadra to Varanasi was taken into illegal custody by the local police stationed at Naugarh police outpost. The AHRC is informed that Mr. Bharati contacted the Secretary of the PVCHR by about 12 noon today and informed him that his vehicle was been chased by another vehicle in which the henchmen of two local feudal lords Mr. Mohan Singh and Mr. Govind Singh were traveling. The PVCHR was also informed that the vehicle in which Mr. Bharati was traveling was intercepted in front of Naugarh police outpost and Mr. Bharati taken into the police outpost. Since then there is no further information and it is being impossible to contact Mr. Bharati over his mobile telephone. It is suspected that Mr. Bharati is now under illegal custody of Naugarh police and that his life is at risk since the police officers are known to organise fake encounter killings to help feudal landlords.

CASE DETAILS:

Mr. Ram Prasad Bharati, is a resident of Vishasharpur under the jurisdiction of Naugarh police station in Uttar Pradesh, India. Since 2003 he is been chased by the police officers from Naugarh police station for unknown reasons. It is suspected that the police suspect him for alleged involvement for Naxilite activities which is prohibited by law in India. It is equally suspected that the police want to put pressure upon Prasad to work as an informer to the police. In either case, the way the police are dealing with Prasad is in the most inhuman way.

The intervention by the local police into Prasad’s life started in 2003. For further information please see UA-003-2006. Mr. Bharati is now working for the PVCHR and is fighting against the brutalities committed by feudal landlords in the area. For this reason also Bharati is a pain for the police who connive with the feudal lords and also for the feudal lords in the area.

Today, at about 12 noon, Bharati contacted the PVCHR informing its Secretary Dr. Lenin that on his way from Sonbadra to Varanasi he was taken into illegal custody by the local police stationed at Naugarh police outpost. He also informed that his vehicle was been chased by another vehicle in which the henchmen of two local feudal lords Mr. Mohan Singh and Mr. Govind Singh were traveling. The PVCHR was also informed that the vehicle in which Mr. Bharati was traveling was intercepted in front of Naugarh police outpost and Mr. Bharati was taken into the police outpost. Since then there is no further information about Mr. Bharati and it is impossible to contact Bharati over his mobile telephone. It is suspected that Bharati is now under illegal custody of Naugarh police and that his life is at risk since the police officers are known to organise fake encounter killings to help feudal landlords. It is also suspected that Bharati might be subjected to torture if he is in custody and later implicated with fabricated charges.

It is known that in India people are killed by law enforcing agencies on the pretext of encounter killing. Bharati comes from a Dalit community and he is very vocal against the atrocities committed against the Dalits.

This is not an isolated case where the local police impart terror into ordinary people in India by forcing them to become informers or falsely implicate them with serious charges. The AHRC has come to know a few hundred cases in the recent past where the police officers in India impart brutal torture upon innocent persons. The AHRC is also aware that in many cases people were killed by the police on fake encounter killings. The AHRC has intervened in all these cases where the AHRC has brought these cases into the attention of the Government of India and also to various organs of the UN. This is also a case which exposes the fallibility of the domestic legal system in India. In India as on today there is no specific law which provides protection to ordinary people against torture and police violence. There is no independent agency in India to inquire into such cases. The only option available as on today is to entrust the police to investigate allegations of torture against police which has proved meaningless since often these inquiring officers are influenced by their colleagues who are facing the charges or the officers themselves are facing similar charges.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concerns over this case asking them to intervene in this case immediately. The AHRC has written separate letters to the National Human Rights Commission of India asking for an intervention in this case. The AHRC has also written to the Chief of Police in Uttar Pradesh State asking for an intervention in the case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

INDIA: A dalit human rights activist suspected to be in the illegal custody of local police and his life under threat

Name and address of the victim: Mr. Ram Prasad Bharati, son of Mr. Badlu Ram, residing at Vishasharpur, Naugarh police station, Chandauli District, Uttar Pradesh, India
Date and time of incident: 6 March 2007
Place of incident: Chandauli District, Uttar Pradesh, India
Alleged perpetrators: Police officers from Naugarh police station, Chandauli District, Uttar Pradesh, India

I am shocked to know about the case of Mr. Ram Prasad Bharati reported from Naugarh police station, Chandauli District, Uttar Pradesh, India where it is alleged that the local police officers have allegedly taken into custody Mr. Bharati on 6 March 2007.

It is alleged that in the recent past the victim was threatened by the police by informing him that that they have reserved a cartridge to murder him. I am concerned about the safety of the victim and his family. It is alleged that the police officers are threatening the victim to put pressure upon the victim to make him work as an informant of the local police. I am informed that the police have allegedly taken the victim into custody and it is likely that they might murder him staging a fake encounter or torture him while in custody. I am informed that the victim was arrested in the past and had been tortured by the same police under the supervision of senior police officers. In that incident one of the officers, particularly the Superintendent of Police from Chandauli has threatened him that next time he must be taken into the nearby forest and must be executed as if it is a death from encounter killing.

I am shocked to know that the domestic legal setup in India and the authorities have equally failed to intervene in this case thus far. I therefore call upon you to intervene in this case and to take immediate action to safeguard the security of the victim and his family and also to order an inquiry into the incident. I request you to spare no resources to punish the alleged police officers if they are found guilty. A statement of the victim must be recorded immediately by a judicial magistrate or else the chances are the victim will be murdered as planned by the local police in order to prevent any inquiry into the case. If it is proved that the victim was tortured while in custody the state as well as the police officers who are responsible for torturing the victim must be made liable to pay compensation to the victim.

I hope that you will consider this case with utmost importance and would take all necessary steps to provide protection to the victim until the case is fully investigated and the perpetrators brought to justice.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Yashpal Singh, IPS
Director General of Police
Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Tel: +91 52 2220 6104
Fax:+91 52 2220 6120, 2220 6174. 
E-mail: police@up.nic.in

2. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh 
Chief Minister’s Secretariat 
Lucknow 
Uttar Pradesh 
INDIA 
Fax: + 91 52 2223 0002 / 2223 9234

3. The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: + 91 11 2307 4448
Email: chairnhrc@nic.in

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : UP-031-2007
Countries : India,
Issues : Arbitrary arrest & detention,