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INFO BY COUNTRY / INDIA / MADHYA PRADESH
ACHR Index: IND/MP/01/03
23 June 2003

Mr. Justice A S Anand
Chairman
National Human Rights Commission
Sardar Patel Bhawan
Parliament Street
New Delhi-110001

Subject: Complaint against custodial death of a tribal, Mr. Khamela by Madhya Pradesh Police at Niwali police station in Barwani district of Madhya Pradesh.

Dear Justice Anand,

I am writing to seek intervention of the National Human Rights Commission against the custodial death of a tribal man, Mr. Khamela in the police custody at Niwali police station in Barwani district of Madhya Pradesh.

Mr. Khamela was taken into custody third week of June 2003 (date of the arrest is unknown at the time of filing this complaint) on the charge of committing theft. He was severely tortured during the interrogation, which resulted in his death. The Assistant Sub Inspector, Kushwaha and head constables, Mahsharma and Kishore Patidar were responsible for the torture and death of Mr. Khamela.

I shall be grateful if the NHRC could kindly make an urgent intervention and take the following measures:

-         Direct the State government of Madhya Pradesh to submit the most mortem report, which should have been prepared in full conformity with the guidelines provided by the National Human Rights Commission, within four weeks;

-         Direct the State government of Madhya Pradesh to suspend all the police officers responsible for the death of Mr. Khamela and take necessary legal measures for prosecution of the culprits;

-         Direct the State government of Madhya Pradesh to pay an interim compensation of Rs 500,000 (five lakhs) to the victim's family and that the same be recovered from the guilty police personnel;

-         Direct the Government of India to ratify the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and

-         Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

 

Suhas Chakma
Director


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