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Subject: [New post] Urgent Appeal Regarding an Incident Where Central
Reserve Police Force open fire indiscriminately in a market place in Assam,
killing one
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Urgent Appeal Regarding an Incident Where Central Reserve Police Force open
fire indiscriminately in a market place in Assam, killing one
URGENT APPEALS PROGRAMME
Get Pdf version of the document
Urgent Appeal No. BHRPC Case No 58/2010/UA/23/210 Dated: 10 June 2010
Dear Friends,
Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal
issued by Asian Human Rights Commission (AHRC) regarding an incident Central
Reserve Police Force open fire indiscriminately in a market place in Assam,
killing one
with request to all to take suggested actions.
Yours Sincerely
Waliullah Ahmed Laskar
15, Panjabari Road, Six Mile,
Guwahati-781037, Assam
INDIA: The Central Reserve Police Force open fire indiscriminately in a
market place in Assam, killing one
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-084-2010
10 June 2010
------------------------------------------------------
INDIA: The Central Reserve Police Force open fire indiscriminately in a
market place in Assam, killing one
ISSUES: Extrajudicial execution; impunity; militarisation; excessive use of
force
------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that on 23
May 2010, a team of Central Reserve Police Force (CRPF) personnel opened
fire indiscriminately and without warning in a small market place in
Panchaboti, and later shot dead Mr. Iskandar Ali Barbhuiya, an innocent
person on mere suspicion. The attitude of the CRPF has raised suspicions
that they may try to use a complaint they have filed against two persons
they arrested to justify their murder. This case must be immediately
investigated to challenge the impunity surrounding the numerous human rights
violations committed by security personnel in North-East India.
CASE NARRATIVE:
According to the information we have received from the Barak Human Rights
Protection Committee who carried a fact-finding investigation into the case,
on 23 May 2010 at 4.30pm, a team of 11 or 12 CRPF personnel opened fire
indiscriminately and without warning in Panchaboti, a small market place in
Cachar, Assam, spreading panic among the shoppers and merchants present who
tried to escape by finding shelter in nearby shops and houses. Witnesses
report having seen one man, later identified as Mr. Iskandar Ali Barbhuiya,
running through a small field in direction of the nearby river, Sonai, and
jumping into the river while the CRPF personnel were shooting at him.
According to the witnesses, no provocation triggered the firing. (Photo: Mr.
Iskandar Ali Barbhuiya, Source: BHRPC, Assam)
Following the firing, the CRPF arrested two persons: Moniruddin Barbhuiya,
aged about 32 years, son of Abdul Majid Barbhuiya of village Bidruhipar,
Sonai Police Station, Cachar, Assam and Mr. Abdul Khalik, aged about 25
years, son of Siraj Uddin of village Sundari Part-II, Sonai Police Station,
Cachar, Assam. The CRPF claim that they were there on a routine patrolling
when they observed suspicious behaviour from Moniruddin, Abdul Khalik and
Iskandar. They further state that when they challenged them, the three
suspects tried to run away thereupon the CRPF opened fire. According to the
CRPF, the suspects are ordinary criminals who do not belong to any
organisation and Moniruddin was found in possession of a 9mm pistol and four
bullets.
The CRPF handed over both arrestees to the Palonghat police out post under
Dholai Police Station at 9pm on that day. The Dholai police registered a
case against Moniruddin, Abdul Khalik and another unnamed person (vide
Dholai Police Station Case No. 99/2010 dated 23 May 2010 under Section 47 of
the Indian Arms Act, 1959). According to the fact-finding team, the First
Information Report has been drafted in such a way that Iskandar can be
incriminated as the third accused and therefore could be used by the CRPF to
justify its crime.
On 24 May the Officer-in-Charge (OC) of Dholai Police Station produced the
two accused before a magistrate praying for police custody of the accused
which was granted for seven days. They were then sent to the judicial
custody.
At about 1pm on 26 May, some people of the Sundari Part-II village saw a
dead body adrift in the Sonai river. They informed Kachudaram police outpost
and at about 3pm, police officers from the outpost and the police station
came and sent the body to the Silchar Medical College and Hospital for
autopsy. At about 11am on 27 May the police handed over the body to Monijun
and the last rites were performed at about 2.30pm on the same day.
According to the persons who performed the pre-funeral rituals like washing
of the body, they saw two bullet holes in the body: one on the victim’s
waist and the other one on the left side of his neck. Nevertheless the
autopsy report has not yet been provided to the family and Monijun and other
villagers fear that the CRPF may want to interfere with the content of the
autopsy report.
ADDITIONAL INFORMATION:
According to the police sources, Moniruddin, who was arrested in possession
of the pistol, told that he is a labourer who worked in Mizoram for many
months and found a pistol near a river, picked it up and was trying to sell
it. He stated that Iskandar had nothing to do with them.
Iskandar Ali Barbhuiya, is a small business man from Bidruhipar village. He
had left his family house and told his wife, Monijun, that he was going to
the Panchaboti area to collect betel nuts and that he would latter visit his
sister Champarun Nesa at Krishnapur, Amragat and asked his wife not to worry
if he did not return on the same day. When on 24 May, Monijun heard about
the firing, she contacted her sister-in-law who informed her that Iskandar
did not visit her the day before. Monijun subsequently contacted all the
relatives of her husband but none had any idea where her husband was. On 25
May, she and her sister-in-law Sitarun Nesa went to Sonai Police Station and
informed the police in writing about her husband’s disappearance. This is
entered in the general diary of the police station vide GD Entry 601 dated
25 May 2010.
According to the villagers and the police officials, the victim had never
been involved in any crime and had no previous confrontations with the
police. Mr. Kutub Ahmed Mazumber, a member of the Assam Legislative Assembly
also told that he knew Iskandar personally and that Iskandar was a very good
person.
On 28 May, hundreds of people held a condolence meeting, presided by Nazrul
Islam Ahmed, Vice President of Sonai Anchalik Panchayat. Three resolutions
were passed condemning the killing and terming it as an intentional murder
of a law-abiding and peace-loving citizen by power fuddled unscrupulous
security forces; expressed condolence to the family for their loss and
demanded compensation to be paid to the family by the government and
prosecution initiated against the CRPF personnel involved in the case.
Monijun filed a complaint before the Chief Judicial Magistrate, Cachar on 29
May praying for the court to direct the police to conduct a proper
investigation of the murder, after having a case registered against the CRPF
under Section 302 of the Indian Penal Code, 1860. The complaint was
forwarded to the Sonai Police Station and was registered as an FIR vide
Sonai Police Station Case No. 126/10 dated 4 May 2010.
Iskandar was the only earning member of a family of six and his death leaves
his wife and their four children without stable incomes and resources.
BACKGROUND COMMENTS:
The military and paramilitary forces heavily deployed in North-East India
have repeatedly demonstrated their disdain toward the principles of
proportionality and restrain in the use of force which should govern the
functioning of security forces in a democratic country. The AHRC has been
documenting numerous cases of human rights violations committed by the
security forces deployed in the region, in which people may be harassed,
tortured, raped or killed with the police being unable and unwilling to
investigate the case and to provide protection to the victims. Please see
UAC-080-2010 another case, which took place on the same day as Iskandar’s
killings, in which the rights of the ordinary citizens of Assam were
violated by security forces and in which the police refused to file the
case.
The UN basic principles on the Use of Force and Firearms by Law Enforcement
Officials are the relevant guidelines to the democratic functioning of
security agencies. This indiscriminate firing in Panchaboti disrespects
Principle 4 according to which the law enforcement officials should only use
force and firearms as the last resort, if ‘other means remain ineffective’
and Principle 5 mandates the law enforcement officials to exercise restraint
in the use of force and firearms in order to minimise damage and injury and
to respect and preserve human life.
More specifically, Principle 10 states that ‘law enforcement officials shall
identify themselves as such and give a clear warning of their intent to use
firearms, with sufficient time for the warning to be observed, unless to do
so would unduly place the law enforcement officials at risk or would create
a risk of death or serious harm to other persons, or would be clearly
inappropriate or pointless in the circumstances of the incident.’ Not
warning of their intention before shooting is an act of carelessness and
negligence from the CRPF personnel which could have resulted in further
losses. The incident proves how little human life is valued by the members
of the paramilitary forces.
The attitude of the CRPF have raised suspicions that they may try to use the
FIR and to manipulate the post-mortem report to preserve themselves from a
legal process. Regarding the large record of human rights violations
committed in the North-Eastern Indian States which went uninvestigated and
unpunished, it is necessary to make sure that Iskandar’s family will have
access to an independent process, as reminded in Principle 23 of the UN
basic principles.
SUGGESTED ACTION:
Please join us in writing to the following authorities to express your
concern regarding this case of slaying and ask for its proper investigation
and the prosecution of the perpetrators. Also join us in
Please be informed that the AHRC is writing a separate letter to the UN
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions,
calling for his intervention in this case.
------------------------------------------------------
To support this appeal, please click here:
SAMPLE LETTER:
Dear __________,
INDIA: Please investigate the CRPF firing in Panchaboti market in Assam
Name of victim: Iskandar Ali Barbhuiya, 42 (aged about 42, son of late Abdul
Matlib Barbhuiya) resident of Bidruhipar, Cachar District, Assam
Names of alleged perpetrators: Between 11 and 12 Central Reserve Police
Force personnel from A147 Battalion led by Mr Muatoshi Dubichu, Deputy
Inspector of Police and in-charge of Shachinpur Camp
Date of incident: 23 May 2010
Place of incident: Panchaboti market place, Cachar District, Assam.
I am writing to draw your attention to the killing of Iskandar Ali Barbhuiya
after a team of Central Reserve Police Force Police opened fire
indiscriminately and without warning in a small market place in Panchaboti,
Cachar, Assam on 23 May 2010 at about 4.30pm.
According to the information I have received from the Asian Human Rights
Commission (AHRC), witnesses report having seen one man, later identified as
Mr. Iskandar Ali Barbhuiya, running through a small field in direction of
the nearby river Sonai and jumping into the river while the CRPF personnel
were shooting at him. According to the witnesses, no provocation triggered
the firing and the CRPF personnel did not warn about their intention to open
fire beforehand.
I know that on the morning of that day, Mr. Iskandar Ali Barbhuiya, 42, a
small business man from Bidruhipar village went to the area to collect betel
nuts. After he did not return home for a few days, his wife, Monijun
contacted all his relatives to enquire about his whereabouts and since no
one was able to inform her about them, she and her sister-in-law Sitarun
Nesa went to Sonai Police Station and informed the police in writing about
her husband's disappearance (Entered in the general diary of the PS vide GD
Entry 601 dated 25 May 2010).
I am informed that following the firing, the CRPF arrested two persons:
Moniruddin Barbhuiya (32, son of Abdul Majid Barbhuiya of village
Bidruhipar, Sonai Police Station, Cachar, Assam) and Abdul Khalik (25, son
of Siraj Uddin of village Sundari Part-II, Sonai Police Station, Cachar,
Assam). The CRPF claim that they were there on a routine patrolling at that
time when they observed suspicious behavior from Moniruddin, Abdul Khalik
and Iskandar. They state that when they challenged them the three suspects
tried to run away following which the CRPF opened fire. According to the
CRPF, Moniruddin was found in possession of a country made 9mm pistol.
I know that the CRPF handed over both arrestees to the Palonghat police
outpost under Dholai Police Station at 9pm on that day. The Dholai police
registered a case against Moniruddin, Abdul Khalik and another unnamed
person (ie. Iskandar), (vide Dholai PS Case No. 99/2010 dated 23 May 2010
under sSection 47 of the Indian Arms Act, 1959). On 24 May the
Officer-in-Charge (OC) of Dholai Police Station produced the accused before
a magistrate praying for police custody for them which was granted for 7
days. They were then sent to the judicial custody.
I am concerned that the FIR has been drafted in such a way to lead the
police investigation to conclude that Iskandar was the third suspect and
that it may be an attempt by the CRPF to promote a version of the event
which would justify the indiscriminate firing. This version is contradicted
by a statement from one of the arrestees, Moniruddin, that he had found the
pistol when he was working in Mizoram and was trying to sell it in the
market that day and that Iskandar had nothing to do with them. I am informed
that according to the villagers and the police officials, Iskandar had never
been involved in any crime and had nothing against him in the police record.
A member of Assam Legislative Assembly, Mr. Kutub Ahmed Mazumder, also
confirmed that Iskandar was 'a very good person'.
I know that Iskandar's body was discovered at about 1pm on 23 May by some
villagers from Sundari Part-II adrift in the river Sonai. They informed
Kachudaram police outpost under Sonai Police Station and at about 3pm,
police came and sent the body to the Silchar Medical College and Hospital
for autopsy. At about 11 am on 27 May the police handed over the body to
Monijun and the last rites were performed at about 2.30pm.
The persons who performed the pre-funeral ritual bathing of the body saw two
bullet holes in the body: one on the victim's waist and the other one on the
left side of his neck. Nevertheless the autopsy report has not yet been
provided to the family and I am aware that Monijun and other villagers fear
that this might be because the CRPF wants to change its content.
I know that Monijun has filed a complaint before the Chief Judicial
Magistrate, Cachar on 29 May praying for the court to direct the police a
proper investigation of the murder after having a case registered against
the CRPF under Section 302 of the Indian Penal Code, 1860. The complaint was
forwarded to the Sonai Police Station and was registered as an FIR vide
Sonai Police Station Case No. 126/10 dated 4 June 2010.
Additionally, as required by the directives issued by the National Human
Rights Commission of India, the post-mortem examination must be video
graphed and a separate report about the incident must be send to the
Commission.
I know that reports of extrajudicial executions and human rights violations
committed by security forces which are heavily deployed in the State of
Assam are numerous and often go uninvestigated, promoting the impunity of
the perpetrators and encouraging further exactions.
I therefore urge you to promptly intervene into this case by:
1. Launching an independent and impartial investigation into the case
registered as FIR vide Sonai Police Station Case No. 126/10 dated 4 May 2010
in Sonai Police Station;
2. Taking appropriate measures to guarantee the protection of the victim’s
families and of the witnesses against threats and intimidation from CRPF
personnel;
3. Making sure that all the CRPF personnel involved in this murder are
temporarily suspended from their duty during the course of the
investigation. If enough evidence is gathered, they should be brought before
a civilian court and face sanctions which are proportionate to the damage
they inflicted;
4. Providing adequate compensation and interim relief to the victim’s
family: Iskandar was the sole earning member of a family of 6 and his death
leaves his wife and their four children without stable incomes and
resources;
5. Providing the post-mortem report to the family without delay.
I am looking forward to your intervention.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069
2. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: [email protected]
4. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA
Thank you
Urgent Appeals Programme
Asian Human Rights Commission ([email protected])
Posted on 2010-06-10
AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2010/3477/
BHRPC URL:
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W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.wordpress.com
15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India
Cell: +919401134314
Visit my blog at
www.rightspeaks.blogspot.com
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