Thursday, February 28, 2008

Orissa: Extrajudicial killing of a migrant laborer

(so whats new about fake encounters?99 % are all fake.Nayapara,Santoshpur etc. in Dantewara of Bastar District are few of the recent examples.And we have young dynamic SP Rahul Sharma in Dantewara to make these innocent tribals look like hardcore naxalite)

Justice S. Rajendra Babu
National Human Rights Commission,
Fardikot House Copernicus Marg,
New Delhi-110 003

Subject: Complaint against the Extra-judicial killing of Mr. Akshya Kumar Raout of Badaput village under Sarankul Police Station in Nayagarh District of Orissa26

February 2008

Dear Justice Rajendra Babu,

I am writing to seek immediate intervention of National Human Rights Commission against the extra-judicial killing of Mr. Akshya Kumar Raout, 24, a resident of Badaput village under Sarankul Police Station in Nayagarh District of Orissa during the combing operation launched by Orissa Police after the Maoist attack of 15 Feb 2008.

The source revealed that Mr. Akshaya Kumar Raout, son of Dukha Raout, was shot dead by CRPF during the combing operation jointly conducted by SOG, CRPF, Orissa Police, Greyhound and OSAP after the coordinated strikes by Maoists in Nayagarh.

Mr. Akshaya Kumar Raout, a migrant laborer, was working in the Chopra village under Jagnath Prasad police station. The source revealed that Akshay was illegally picked up from the work place and killed by CRPF personnel. Akshya is survived by his elderly parents and two minor brothers.

The killing of innocent civilians like Akshaya is unacceptable in the name of tracking the Maoists involved in the Nayagarh killings. FFDA condemns the barbaric act of the security and police forces involved in the killing of Akshay.The act of killing innocent civilians exposes the trend and pattern of security and police forces involved in gross human rights violations.

They are engaged in deliberately violating domestic laws, including the national constitution and NHRC guidelines of 2nd December 2003 on death during police action. Also, it is a breach of India's commitment to various international human rights instruments, including the UN Code of Conduct for Law Enforcement Officials.I urge you to intervene in the above stated incident by taking the following measures:

Establish an investigation division within the NHRC for the investigation of alleged fake- encounters/extra-judicial killings and take the above stated incident as a test case;

Direct the State Government of Orissa to pay interim compensation of INR 25,000,00/- (Rupees twenty-five lakh) to the family members of the victim;

Direct the State Government of Orissa and Government of India to suspend the involved security and police officers during the investigation to prevent further malpractice and bring them into court of justice;

Direct the Central Government of India to ratify the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment; and

Take any other measures that NHRC deems fit.

Looking forward to your kind intervention

Subash Mohapatra
DirectorForum for Fact-finding Documentation and Advocacy

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