INDIA: Arbitrary arrest and fear of extra-judicial

INDIA: Arbitrary arrest and fear of extra-judicial
killing by police personnel in Varanasi

Name of victim:Kaju Rajbhar and Paru Sonkar,R/O
Baghawanala,Varanasi
Name of alleged perpetrators:Police personnels of Jait
Pura Police station of Varanasi, India
Date of incident:26 March,2006,Near about 4AM
Place of incident:Jaitpura Police Station, Varanasi

I am writing to voice my concern about the continued
abuses perpetrated by the police in Varanasi, which
have, most recently, resulted in the arbitrary
detention of Kaju Rajbhar and Paru Sonkar.
On 26 March 2006, at 5AM, Mother of Kaju and wife of
Paru reported to PVCHR that his son Kaju and Paru
respectively has been forcibly arrested one hour
earlier from Home.Police entered in home forcefully
and abused them. Mother of Kaju and wife of Paru
suspected that his son and his husband would be killed
by the police in an extra-judicial killing which would
then be labeled as an encounter by the police. Police
of Jaitpura arested both them earlier also and loadged
fake cases against both of them.Kaju was under 18
years at that time,but they sent him jail.Recentaly
Court of Varanasi declared him as Juvenile during
detention.
I am shocked at the failure of the police to follow
the guidelines of arrest and detention outlined by the
Supreme Court in the D.K. Basu case, which are also
included in the Criminal Code of Procedure; their
failure to respect the fundamental rights given to all
Indian citizens under the Indian Constitution; and
their lack of concern for the implementation of the
Universal Declaration of Human Rights and the
International Convention of Civil and Political
Rights, both of which India has ratified. The
fundamental disrespect for human life the police have
shown for the victim, and their willingness to
disregard the rules of arrest and to falsify reports,
points to a decay in the rule of law in Varanasi.

I therefore urge you to take immediate action to
investigate the events surrounding the Arbitrary
arrest of Kaju Rajbhar and Paru Sonkar, to ensure that
all those police officers found responsible are
prosecuted, and to ensure that compensation is
provided to the victim’s family. I also urge you to
take steps to ensure that the police in Varanasi
display a greater understanding of their obligations
to those under their protection, the people of
Varanasi district, so that incidences such as this do
not occur in the future.

Finally, I take this opportunity to remind the
Government of India that its current domestic
mechanisms lack the ability to prevent police
brutality and torture. To remedy this, India must
criminalise torture and as the first step in the
process must ratify the International Convention
against Torture and other Cruel Inhuman or Degrading
Treatment or Punishment. Until this is achieved,
police brutality and torture will only continue to
occur.

With warm regards,

Dr. Lenin
26 March,2006
5:25 AM