From: OMCT urgent appeals <firstname.lastname@example.org>
Date: 23 December 2011 22:49
Subject: India/ West Bengal: Lack of due diligence by the police in a rape case_Fear for the safety of the victim and her family
To: ONG - MASUM - Kirity Roy <email@example.com>
Case IND 231112.VAW/ IND 231112.CC
VIOLENCE AGAINST WOMEN/ CHILD CONCERN
Lack of due diligence by the police/ Fear for the safety/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India/ West Bengal.
Brief description of the situation
The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the alleged rape of the about 16- year-old girl Guria Halder (name changed) from the village of Simulpur, West Bengal, and the subsequent alleged assault faced by her mother.
According to the information received, Mr Monoranjan Majumdar is facing criminal charges for the alleged rape of Guria Halder in 2010 (Gaighata Police Station Case no. 284/2010 dated 31.8.2010). The suspect was arrested, but later released on bail. Since his release, he is threatening Guria Halder and her family pressuring them to withdraw the complaint against him. The victim's family filed again a complaint against Mr Monoranjan Majumdar for threatening them (Gaighata Police Station Case no. 643/2011 dated 9.11.2011), but the police has up to date not undertaken any action.
On 1 December 2011 around 6:30 pm, Mr. Manjoranjan Mazumdar accompanied by Mr. Rabi Roy and Mr. Suranjan Roy allegedly stopped Ms Kajal Halder, the mother of the alleged rape victim Guria Halder, while she was returning from the market. She was threatened in order to force her to withdraw the earlier rape complaint against Mr. Manoranjan Mazumdar. When Ms Kajal Halder did openly disagree with the three men, they brought an iron rod from a nearby shop and hit her fiercely on the head, hands and legs. As a result of the assault Ms Kajal Halder fell to the ground unconscious and the assailants left the spot. Ms Kajal Halder was taken to the hospital.
After several attempts by the daughter Guria Halder and subsequently by the mother Kajal Halder to report the incident to the police, the police finally filed a complaint against the three men, but allegedly under a lighter penal provision than the serious allegations would demand, so that the men could obtain bail. The men are currently out on bail further jeopardizing the physical and psychological integrity of the family Halder, including both victims.
OMCT is gravely concerned about the reports that the investigation officer of the Gaighata Police Station is yet to complete the investigation of the rape case and the impunity enjoyed by the perpetrator. The reported violence faced by both women is sufficiently serious to pursue a thorough investigation to protect the family Halder against further threats.
OMCT would like to reiterate that the State has an obligation under international law to prevent, prosecute and punish acts of violence with due diligence, irrespective of whether these acts have been committed by State or non-State actors.
Please write to the authorities in India/ West Bengal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of the victims, including access to appropriate medical assistance if necessary, and ensure her protection as well as of her family;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the above-mentioned allegations, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. Ensure that an effective remedy, including the right to full redress with compensation and rehabilitation be granted to the victim concerned;
iv. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister's Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;
Ø 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;
Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: firstname.lastname@example.org;
Ø Justice K. G. Balakrishnan, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: email@example.com;
Ø Mr. Satyabrata Pal, Member, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: firstname.lastname@example.org;
Ø Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: email@example.com;
Ø M. K. Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, firstname.lastname@example.org;
Ø Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: email@example.com
Please also write to the embassies of India in your respective country.
Geneva, 23 December 2011.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : firstname.lastname@example.org
Truth resides in every human heart, and one has to search for it there, and to be guided by truth as one sees it. But no one has a right to coerce others to act according to his own view of truth. - Mohandas Gandhi
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