Asian Centre for Human Rights

Subject: Complaint against torture and custodial death of Mr Dipak Kumar Swain (35 years), an under trial prisoner lodged in Cuttack Circle Jail, Choudwar, Orissa on 2 March 2003.

Dear Justice Anand,

I am writing to seek the intervention of National Human Rights Commission against the custodial death of Mr Dipak Kumar Swain (35 years), an under trial prisoner lodged in Cuttack Circle Jail, Choudwar, Orissa on 2 March 2003.

Mr Swain is a son of Mr Indramani Swain of Sapanpur village under Salipur police station of Orissa. He was arrested in an alleged murder case on 2 March 2003 and produced before the court on 2 March 2003.

According to Cuttak Circle jail sources, Mr Dipak Kumar Swain was found lying in the jail toilet with head injuries on the morning of 11 March 2002. He was being treated at the jail hospital. However, his condition deteriorated and he had to be shifted to SCB Medical College and Hospital on 12 March 2003. He was declared brought dead.

The question remains as to how could Mr Swain inflict such fatal injuries on himself. It is plausible that he was subjected to serious torture before being shifted to the SCB Medical College and Hospital where he was declared brought dead.

I shall be grateful if the NHRC could kindly intervene by taking the following measures:

1. Direct the State government of Orissa to order a judicial inquiry into the death of Mr Dipak Kumar Swain;

2. Direct the State government of Orissa to forward the reports of all the post mortem inquiries that the State Government should have conducted in full conformity with the NHRC's guidelines on custodial deaths/rapes to the NHRC within two weeks;

3. Direct the State government of Orissa to pay adequate compensation to the family of the victim and that the same be recovered from the concerned jail personnel; and

4. Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director