INDIA: One child dead and another one seriously injured in firing in Assam

September 17, 2013

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-2013

17 September 2013
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INDIA: One child dead and another one seriously injured in firing in Assam

ISSUES: Extrajudicial execution; impunity; criminal investigation
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Dear friends

The Asian Human Rights Commission (AHRC) has received information from Women in Governance, Assam (WinG-Assam), a network of women activists in Assam, India, about the extrajudicial execution and injuring of two children from Hemlai Tea Estate area, Jorhat, Assam state. The incident is reported to have happened on 18 August 2013.

CASE NARRATIVE:

According to the information the AHRC has received, on 18 August 2013 at around 8 p.m., two persons, namely Dipak Hazarika and Biju Tanti reached the Hemlai Tea Estate temple area of Mariani, Jorhat district, Assam, in a van (bearing registration no. AS – 03 – H5645). They were reportedly traveling from Tuli in Nagaland to Mariani, which is about 17 k.m. away from Jorhat.

Dipak, a resident of Nagajanka area of Mariani, was reportedly driving a van. A vigilante group of youths from the local tea garden worker's community stopped them at Hemlai Tea Estate temple in Mariani. They questioned Dipak and Biju, reportedly in an attempt to ascertain identities.

Soon several others from the neighboring area, reported to be about 200 in number gathered at the scene. Meanwhile, the official in charge of Selenghat Outpost under Teok Police Station, Mr. Prabin Neog, arrived at the spot, accompanied by a group of police personnel. This area falls under his jurisdiction, thus, he took the two men into his custody. Almost at the same time, the official in charge of Deberapar Outpost under Mariani Police station, Mr. Nidamul Islam, along with a group of police personnel from his police station also arrived at the scene. They demanded the two men from the custody of the Selenghat police even though the site does not fall under their jurisdiction. However, the Deberapar police succeeded to take over the men into their own custody.

The villagers asked the police to hand back the two men to the Selenghat police for further questioning. Since the in-charge of Deberapar Police Station refused to do so, pandemonium ensued as a result. The Deberapar police insisted to keep the custody of the two men and left the spot, along with them. As soon as they left, several rounds of gun shots, ranging in between 25-30 rounds, were heard from the same direction.

Hearing the shots, villagers rushed to the spot where gun shots were heard. There, they found two boys critically injured, lying on the ground, approximately 400-500 metres from the Hemlai Tea Estate temple. The boys are Sujit Nayak, aged 13 years, a student of class IX, son of Mr. Sujen Nayak and Manju Nayak of Hemlai Tea Estate, under Teok police station, Jorhat, Assam; and Rajiv Nayak, aged 18 years, student of Nakachari College, son of Mr.Dibakar Nayak and Mala Nayak of Hemlai Tea Estate, under Teok Police Station, Jorhat, Assam.

Sujit Nayak died on the spot. Rajiv Nayak, with bullet wounds to his stomach, was taken to the hospital and admitted to the ICU of Jorhat Medical.

The site of the incident does not come under the jurisdiction of Deberapar Police Outpost. There are statements reportedly claiming that the Deberapar police, on that particular night, were under the influence of alcohol and shot the children while intoxicated. Many empty shells were found scattered in the area and were handed over to the Jorhat Superintendent of Police (SP), when the officer visited the area on 19 August.
Media in Assam reported of scuffle between the people gathered and police resorting to firing to control.
The next day, the villagers gathered at the office of the Deputy Commissioner and demanded immediate action against the police officers that they believe are responsible for the firing. Following this, civil society groups organized a massive protest against what they believe as indiscriminate police firing and demanded immediate action.

ACTION TAKEN BY THE AUTHORITY:

The Jorhat SP visited the spot on 19 August, and indicated the filing of a First Information Report (FIR) against some of the police officers. Sujit Nayak’s uncle in the meanwhile has filed a complaint against some police officers, that the family accuses of being responsible for the firing. The Chief Minister of Assam, Mr. Tarun Gogoi, on 19 August ordered a high-level judicial inquiry into the incident and has announced a compensation of Rs. 500,000:00 to be paid to the family of the deceased and Rs. 50,000:00 to be paid to the injured, and has offered to provide free medical treatment to the injured boy.

ADDITIONAL INFORMATION:

Indiscriminate firing by police has become a common strategy for police in mob control operations in Assam. Recently, several incidents of indiscriminate firing by the police and killings of civilians during mob control have been reported. However, most of these cases end without independent inquiry, and prosecution for indiscriminate firing is not instituted. In the event of public outcry, authorities declare promises for monetary compensation and close the case without fixing accountability.
It is pertinent to note that Assam police officials actively took part in carrying out a series of secret killings in the state between 1998 and 2004. An enquiry commission headed by retired Justice Mr. K.N Saikia revealed active police roles in carrying out secret killings of civilians in the state in the pretext of countering insurgency. However, no accountability has been fixed and nobody has been prosecuted for the same. A culture of impunity for torture and brutality by police prevails in Assam.

SUGGESTED ACTION:
Please urge the authorities to:

1. Expedite the process of an independent judicial enquiry to ascertain the indiscriminate firing leading to the death of Sujit Nayak;
2. Ensure that the police records witness statements that will help in identifying the persons responsible for the firing;
3. Undertake forensic investigation of the projectiles and empty cartridges found from the scene to verify whether the police are involved in the firing;
4. Ensure whether the arms carried by the police officers who were reportedly on duty at the time of incident are in fact those used to fire the shots, which injured Rajiv Nayak and killed Sujit Nayak;
5. Guarantee that all the investigation is undertaken as directed by the National Human Rights Commission, and a report be sent to the NHRC along with the findings from the autopsy undertaken upon Sujit Nayak
6. The National or State Commission for Protection of Child Rights must intervene in the case and ensure that the investigation in the case is impartial and is completed without delay.

The AHRC will send a separate letter to the UN Special Rapporteur Rapporteur on Extrajudicial Summary or Arbitrary Executions.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDIA: The government must ensure impartial investigation of the death of a child and the injuring of another in firing reported from Jorhat, Assam

Name of victims:
1. Sujit Nayak, 13 years, son of Mr. Sujen Nayak, Hemlai T.E., Teok P.S, Jorhat, Assam
2. Rajiv Nayak, 18 years, son of Mr. Dibakar Nayak, Hemlai T.E., Teok P.S., Jorhat, Assam
Alleged perpetrators: Unknown persons, suspected to be police officers stationed at Deberapar Police Station, Jorhat, Assam.
Date of incident: 18 August 2013
Place of incident: Hemlai Tea Estate, Jorhat, Assam

I am writing to voice my deep concern regarding the death of Sujit Nayak, 13 years, son of Mr. Sujen Nayak and severe injury to Rajiv Nayak, 18 years, son of Mr. Dibakar Nayak, that is reported to have happened on 18 August 2013, at Hemlai Tea Estate, Jorhat, Assam state. I am informed that there are strong suspicions that the persons involved are police officers, and due to this, the investigation into the incident might not be impartial.

The incident reported to me is as follows:

According to the information provide to me by the Asian Human Rights Commission (AHRC), on 18 August 2013 at around 8 p.m., two persons, namely Dipak Hazarika and Biju Tanti reached the Hemlai Tea Estate temple area of Mariani, Jorhat district, Assam, in a van (bearing registration no. AS – 03 – H5645). They were reportedly traveling from Tuli in Nagaland to Mariani, which is about 17 k.m. away from Jorhat.

Soon several others from the neighboring area, reported to be about 200 in number gathered at the scene. Meanwhile, the official in charge of Selenghat Outpost under Teok Police Station, Mr. Prabin Neog, arrived at the spot, accompanied by a group of police personnel. This area falls under his jurisdiction, thus, he took the two men into his custody. Almost at the same time, the official in charge of Deberapar outpost under Mariani Police station, Mr. Nidamul Islam, along with a group of police personnel from his police station also arrived at the scene. They demanded the two men from the custody of the Selenghat police even though the site does not fall under their jurisdiction. However, the Deberapar police succeeded to take over the men into their own custody.

The villagers asked the police, to hand back the two men to the Selenghat police for further questioning. Since the in-charge of Deberapar Police Station refused to do so, pandemonium ensued as a result. The Deberapar police insisted to keep the custody of the two men and left the spot, along with them. As soon as they left, several rounds of gun shots, ranging in between 25-30 rounds, were heard from the same direction.

Hearing the shots, villagers rushed to the spot where gun shots were heard. There, they found two boys critically injured, lying on the ground, approximately 400-500 metres from the Hemlai Tea Estate temple. The boys are Sujit Nayak, aged 13 years, a student of class IX, son of Mr. Sujen Nayak and Manju Nayak of Hemlai Tea Estate, under Teok police station, Jorhat, Assam and Rajiv Nayak, aged 18 years, student of Nakachari College, son of Mr.Dibakar Nayak and Mala Nayak of Hemlai Tea Estate, under Teok Police Station, Jorhat, Assam.

Sujit Nayak died on the spot. Rajiv Nayak, with bullet wounds to his stomach, was taken to the hospital and admitted to the ICU of Jorhat Medical.

The site of the incident does not come under the jurisdiction of Deberapar Police Outpost. There are statements, reportedly claiming that the Deberapar police, on that particular night, were under the influence of alcohol and shot the children while intoxicated. Many empty shells were found scattered in the area and were handed over to the Jorhat Superintendent of Police (SP), when the officer visited the area on 19 August.

The next day, the villagers gathered at the office of the Deputy Commissioner and demanded immediate action against the police officers, that they believe are responsible for the firing. Following this, civil society groups organized a massive protest against what they believe as indiscriminate police firing and demanded immediate action.

I therefore request you to:

1. Urge the authorities to expedite the process of an independent judicial enquiry to ascertain the indiscriminate firing leading to the death of Sujit Nayak;
2. Ensure that the police records witness statements that will help in identifying the persons responsible for the firing;
3. Undertake forensic investigation of the projectiles and empty cartridges found from the scene to verify whether the police are involved in the firing;
4. Ensure whether the arms carried by the police officers who were reportedly on duty at the time of incident are in fact those used to fire the shots, which injured Rajiv Nayak and killed Sujit Nayak;
5. Guarantee that all the investigation is undertaken as directed by the National Human Rights Commission, and a report be sent to the NHRC along with the findings from the autopsy undertaken upon Sujit Nayak
6. The National or State Commission for Protection of Child Rights must intervene in the case and ensure that the investigation in the case is impartial and is completed without delay.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Office of the Superintendent of Police
K.K Handique Path, Jorhat, Assam, India
Phone: +91-376-2320021
Mobile: +91-9435557322
E-mail: sp-jorhat@assampolice.gov.in

2. Chief Minister of Assam
Dispur, Guwahati, Assam
Phone: +91-361-2262222, +91-361-2266188
Fax: +91-361-2262069
Email: cmtarungogoi@gmail.com

3. National Commission for Protection of Child Rights
New Delhi, India
Phone : +91-11-23731583
Fax: +91-11-23731584
Email: cp.ncpcr@nic.in

4. State Commission for Protection of Child Rights
Dr. Runumi Gogoi, Chairperson
Jaya Nagar, Sixmile, Guwahati, Assam
Email: ascpcr@rediffmail.com
Phone: +91-361-2638654
Fax: +91-361-2220283, 2733892
Mobile: +91-9954533890
Email: ascpcr@rediffmail.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)