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INFO BY COUNTRY / INDIA / ASSAM
ACHR Index: IND/AS/01/03
17 June 2003

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

Subject: Complaint against torture and custodial death of Mr Haliram Saikia at Lakhimpur jail, Assam on 9 June 2003.

Dear Justice Anand,

I am writing to seek the intervention of National Human Rights Commission against the custodial death of Mr Haliram Saikia (29), a trader by profession, at Lakhimpur jail on 9 June 2003.

Mr Saikia was in judicial custody (GR No 629/03) on the fateful night of 9 June 2003 at Lakhimpur district of Assam. He was arrested on the complaint filed by one Aarati Deka under section 457/380 of IPC on alleged charges of dacoity.

Mr Haliram Saikia reportedly subjected to torture and died in jail custody. The family members of Haliram Saikia alleged the jail superintendent had tortured the victim on behalf of the complainant, Aarati Deka. The family members also alleged that after the post mortem of the body, four vital organs of the body eyes, kidney, tongue and the brain were missing. The family members have also been denied a copy of the post mortem report.

I shall be grateful if the NHRC could kindly intervene against the custodial death of Mr Haliram Saikia and take the following measures:

-          Direct the State Government of Assam to conduct a judicial inquiry into the custodial death of Mr Haliram Saikia;

-          Direct the State government of Assam to immediately suspend the jail superintendent of Lakhimpur jail;

-          Direct the State Government of Assam to provide a copy of the most mortem report, which should have been conducted in full conformity with the guidelines of the NHRC, to the family members and the NHRC;

-          Direct the State Government of Assam to pay an interim compensation of Rs 500,000 (five lakhs) to the victim's family and the same be recovered from the guilty police personnel and jail superintendent;

-          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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