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

Yours sincerely
Waliullah Ahmed Laskar
Urgent Appeal Desk
Barak Human Rights Protection Committee
Rongpur, 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

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

ISSUES: Torture; Impunity; Martial law; Rule of law

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Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the
Barak 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 Reserve
Police Force (CRPF) officers at the victim's residence. It is reported that the CRPF
tortured 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 protested
against the CRPF concerning a civil dispute. Fariz had to be hospitalised at the
Silchar Medical College Hospital (SMCH) to recover from the injuries. No action
was taken upon a complaint filed at the Silchar Sadar police station concerning the
incident. It is reported that the Office-in-Charge (OC), instead of investigating the
case is demanding that Fariz settle his complaint against the CRPF and rather
withdraw it should he not dare facing yet another assault from the CRPF. Fariz
filed another complaint at the National Human Rights Commission (NHRC), which
was 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 along
with his wife and son on 27 July 2010. Fariz was seriously injured in the incident and had
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 small
shop where he sells betel nuts and operates a public call office (PCO). Fariz alleges that
he was assaulted for protesting against the CRPF concerning a civil contract.

Fariz alleges that one Mr. Radheshyam Sahu, had obtained permission to cut and sell
grass from the CRPF 147 battalion campus through a public auction. Thereafter, Sahu
entered into a contract with Fariz on 22 April 2010 allowing Fariz to cut and sell grass for
which he paid Sahu Rs. 7,500.00. Few days later, Fariz came to know that Sahu had
allowed 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 was
disappointed and on 26 June complained to the commander of the battalion, Mr. T. K
Hati, asking him to intervene. The commander reportedly informed Fariz that it was him
who allowed the other person to cut and sell grass from the campus. Fariz then reminded
the 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 to
return the money. The officer then threatened Fariz and warned him that he will be taught
a 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, a
team of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz's house
at 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, and
Havildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him without
any 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 Nessa
Barbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested the
officers 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 valuable
things in his house. Fariz claims that the officers then took the cash box of his shop that
had approximately Rs. 2500.00 in it at the time. When the officers left, they warned Fariz
against complaining to the authorities or to the police about the incident. The officers also
threatened the family that they would be charged with false cases of keeping illegal
firearms 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 Fariz
to the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCH
and 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 against
the CRPF officers. The police registered an FIR (First Information Report) based on the
complaint as Silchar PS (police station) Case No. 1445/10 under Sections 147
(punishment for rioting), 448 (punishment for house-trespass), 325 (punishment for
causing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causing
damage), 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 Goswami
was 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) on
5 February 2011 with the help of local human rights group, Barak Human Rights
Protection Committee (BHRPC). BHRPC informs that there have been no responses from
the NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring to
complain 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 former
constable. In places like Assam in India, the CRPF and other paramilitary units have
absolute impunity wherever they are posted. The AHRC has reported more than 300
cases of torture, murder and rape committed by the CRPF and other paramilitary units in
India over the past six years. Most of these cases find some action only when the AHRC
makes 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 these
agencies. 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 case
immediately.

The AHRC is also writing a separate letter to the UN Special Rapporteur on the question
of 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 at
his 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 under
the 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 on
27 July 2010. I am concerned to know that the complaints filed by the victims at the local
police station and at the National Human Rights Commission (NHRC) have not been
acted upon. On the contrary, the local police is demanding that the victim settle the case
with the CRPF outside the police station and withdraw his complaint, or dare facing yet
another assault from the CRPF.

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

Fariz alleges that one Mr. Radheshyam Sahu, had obtained permission to cut and sell
grass from the CRPF 147 battalion campus through a public auction. Thereafter, Sahu
entered into a contract with Fariz on 22 April 2010 allowing Fariz to cut and sell grass for
which he paid Sahu Rs. 7,500.00. Few days later, Fariz came to know that Sahu had
allowed 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 was
disappointed and on 26 June complained to the commander of the battalion, Mr. T. K
Hati, asking him to intervene. The commander reportedly informed Fariz that it was him
who allowed the other person to cut and sell grass from the campus. Fariz then reminded
the 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 to
return the money. The officer then threatened Fariz and warned him that he will be taught
a 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, a
team of more than ten CRPF personnel accompanied by Mr. Sahu came to Fariz's house
at 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, and
Havildar Mr. Amir Uddin Laskar.

Fariz claims that the officers forcibly entered the house and started beating him without
any 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 Nessa
Barbhuiya, and his son, Asif Akhtar Barbhuiya, tried to intervene and requested the
officers 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 valuable
things in his house. Fariz claims that the officers then took the cash box of his shop that
had approximately Rs. 2500.00 in it at the time. When the officers left, they warned Fariz
against complaining to the authorities or to the police about the incident. The officers also
threatened the family that they would be charged with false cases of keeping illegal
firearms 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 Fariz
to the Silchar Medical College and Hospital (SMCH). Fariz was admitted at the SMCH
and 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 against
the CRPF officers. The police registered an FIR (First Information Report) based on the
complaint as Silchar PS (police station) Case No. 1445/10 under Sections 147
(punishment for rioting), 448 (punishment for house-trespass), 325 (punishment for
causing grievous hurt), 323 (punishment for causing hurt), 427 (mischief causing
damage), 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 Goswami
was 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) on
5 February 2011 with the help of local human rights group, Barak Human Rights
Protection Committee (BHRPC). BHRPC informs that there have been no responses from
the NHRC yet concerning the case.

BHRPC and Fariz allege that the assault and theft was a punishment for daring to
complain 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 former
constable.

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

Yours sincerely,

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

PLEASE SEND YOUR LETTERS TO:

1. Mr. K. Vijay Kumar, IPS

Director General
Central Reserve Police Force
Block No. 1, C.G.O. Complex
Lodhi Road
New Delhi – 110001
INDIA

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

Operations Headquarters
Jorhat
Assam
INDIA

3. Mr. Tarun Gogoi

Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

4. Director General of Police

Assam, Ulubari
Guwahati-7, Assam
INDIA

5. Chief Justice
Guwahati High Court
Government of Assam
INDIA
FAX +91 361 2604122 or +91 362 2735863 (Registrar General)
E-mail: hc-asm@nic.in, hicourtg@rediffmail.com

6. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

See the appeal at AHRC website:

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