To
Hon’ble Chairperson
National Human Rights Commission (NHRC)
Faridkot House, Copernicus Marg,
New Delhi
PIN 110001
Tel.No. 23382742, Fax No. 23384863
E-Mail: covdnhrc@nic.in, ionhrc@nic.in
Date: November 24, 2012
Subject- Letter to NHRC on the brutal assault on Yusuf, a
convict by jail guard Sunil Yadav in Bhopal Jail, former MLA, Dr Sunilam on
hunger strike
Sir,
This is with reference to the brutal assault on Yusuf, a
convict by jail guard Sunil Yadav in Bhopal Jail on November 22, 2012. Yusuf,
the victim is bleeding with head injuries. In protest, Dr Sunilam, former MLA
is on hunger strike since November 23, 2012. We are deeply concerned about the
dreadful incidents of barbarous atrocities by the jail authorities of the
Madhya Government.
We submit that Yusuf’s right against torture, cruel and
degrading punishment has been violated.
We recall how the Hon’ble Supreme has held that “Convicts are
not by mere reason of the conviction denuded of all the fundamental rights which
they otherwise possess.” (Sunil Batra Vs. Delhi Administration., 1978)
We wish to draw your attention towards NHRC’s recommendations
made in 1993 wherein NHRC took cognizance of the disturbing conditions of the
prison and violation of the basic human rights such as physical
violence/torture.
We submit that prison sentence has to be carried out as per Hon’ble
Court’s orders
and no additional punishment can be inflicted by the prison authorities without
sanction (Sunil Batra
vs. Delhi Administration., 1978) but Yusuf’s human rights have been
violated in violation of the Hon’ble Court order.
We submit that the United Nations has also provided several standards
and guidelines, through minimal rules or basic principles in the treatment of
prisoners (United Nations 1977).
We seek your immediate intervention to protect the rights of Yusuf
who has been subjected to cruel treatment by the jail guard.
We submit that India is a signatory to the Universal
Declaration of Human Rights which states that: “No one shall be subject to
torture or cruel, inhuman or degrading treatment of punishment” (UDHR, 1948)
Besides this United Nations Covenant on Civil and Political Rights which states
that “All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person”. (UNICCPR, 1966)
In view of the above, we seek your urgent intervention to
save the life and health of Yusuf, the victim and Dr Sunilam who is on hunger
strike against Yusuf’s victimization.
Thanking You
Yours Sincerely
(Chittaranjan Singh)
General Secretary
Indian National Social Action Forum (INSAF)
New Delhi, Tel:91-11-65663958, Fax: 91-11-26517814
(Gopal Krishna)
Member
Citizens Forum for Civil Liberties (CFCL), New Delhi
Mb: 9818089660
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