India: Alleged extra-judicial killings, including of a minor, by Border Security Force
Case IND 281010/ IND 281010.CC
URGENT CAMPAIGNS/ CHILD CONCERN
Alleged extra-judicial killings, including of a minor/
Alleged ill-treatment/ Lack of an effective investigation
The International Secretariat of the World
Organisation Against Torture (OMCT) requests your URGENT intervention in
the following situation in India/ West
Bengal.
Brief description of the situation
The International Secretariat of OMCT has been
informed by Banglar Manabadhikar
Suraksha Mancha (MASUM),a member of OMCT SOS-Torture Network, about
the alleged extrajudicial killings of Mr. Jiarul
Haque, about 23 years old, from Khamarpara village, in Murshidabad district,
and a minor, Mr. Mustakim Seikh,
about 15 years old, from Sarandajpur village, in Murshidabad district, by
Border Security Force (BSF) constables.
According to the information received, on 1 September
2010 at about 10 am, Mr. Jiarul Haque went to a place called Nirmalchar in
order to cut some “Kashbon”, a kind of bush, to repair the dwelling of the
family house. Mr. Mustakim Seikh was also present at the mentioned place. At
about 4 pm, two BSF constables from Out-Post no. 10 arrived at the spot and
allegedly forcibly picked up Mr. Jiarul Haque and Mr. Mustakim Seikh without
any motives and brought them to the nearby BSF Mini Camp
[1]. Both
were reportedly severely assaulted and then tied up.
According to the same information, after being
informed of the events, Mr. Jiarul Haque’s and Mr. Mustakim Seikh’s families,
along with some villagers, tried to see the victims at the aforementioned BSF
camp but they were not granted access to them. The next morning, on 2 September
2010, both families reportedly heard from local people that the BSF constables
had killed Mr. Jiarul Haque and Mr. Mustakim Seikh and had thrown their bodies
into the river Padma during the night.
The bodies of Mr. Jiarul Haque and Mr. Mustakim Seikh
were recovered from the river, on 3 September 2010, and brought to Lalbagh
Sub-Divisional Hospital, in Lalbagh, for a Post Mortem Examination (PME). The
results of the PME have not yet been published but the Body Disposal
Certificates
[2]
of both victims reportedly indicate that the bodies bore gunshot wounds.
According to the same information, the Ranitala
police, whose jurisdiction covers the place where the bodies were recovered,
only registered an unnatural death case regarding the death of Mr. Jiarul Haque
and Mr. Mustakim Seikh after their respective families lodged a written
complaint before the Superintendent of Police, Murshidabad district. However, to this date,
there has been reportedly no effective investigation into the alleged facts.
OMCT is gravely concerned
about the circumstances surrounding the death of Mr. Jiarul Haque and the minor Mr. Mustakim Seikh by members of the BSF and recalls that the authorities have to fulfil their
obligations under international human rights law to protect the right to life
and the right not to be subjected to torture or other
cruel, inhuman or degrading treatment or punishment and to bringing to
justice those responsible for violating these rights. This case is yet another
example of the BSF’s blatant disregard for human rights and again demonstrates
the importance to conduct proper investigations into such abuses.
Accordingly, OMCT urges the competent authority to order a prompt, effective, thorough, independent and impartial judicial
inquiry into the aforementioned events, in accordance also with
international human rights standards, such as the UN Principle on the Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent and
impartial tribunal and apply penal, civil and/or administrative sanctions as
provided by law.
Action requested
Please
write to the authorities in India/ West Bengal urging them to:
- Carry out
a prompt, effective, thorough, independent and impartial investigation
into the circumstances surrounding the deaths of Mr. Jiarul Haque and Mr. Mustakim Seikh, the result of
which must be made public, in orderto
bring those responsible before a competent, independent and impartial tribunal
and apply penal, civil and/or administrative sanctions as provided by law;
- Ensure that an effective
remedy as well as the right to full redress, including compensation, is granted
to the victims’ families concerned;
- Guarantee
the respect of human rights and the fundamental freedoms throughout the country
in accordance with national laws and international human rights standards.
Addresses
- Mr. Shri Manmohan
Singh, Prime Minister of India, Prime Minister’s Office, Room
number 152, South Block, New Delhi, Fax:
+ 91 11 2301 6857;
- Mr. P. Chidambaram,
Union Minister of Home Affairs,
Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
- Hon'ble Mr. Justice S.H. Kapadia, Chief Justice
of India, Supreme Court, Tilak Marg, New Delhi
-1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;
- Chairperson, National Human Rights Commission of India, Faridkot House,
Copernicus Marg, New Delhi 110 001, Fax:
+91 11 2334 0016, Email: chairnhrc@nic.in;
- Jusice N. C. Sil, Acting Chairman, West Bengal Human
Rights Commission,
Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;
- M. K. Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax:
+91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in;
- Mr. Sri Buddhadeb
Bhattacharjee, Chief Minister,
Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email - cm@wb.gov.in, sechome@wb.gov.in;
- Permanent
Mission of India to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva, Tel: +41
22 906 86 86, Fax: +41 22 906 86 96,
Email: mission.india@ties.itu.int
Please also write
to the diplomatic mission or embassy of India in your respective country.
*******
Geneva, 28 October 2010.
Kindly inform us of any action
undertaken quoting the code of this appeal in your reply.
[1] A BSF mini
camp is a temporary shelter for the BSF.
[2] A Body Disposal Certificate is
issued by the hospital after the PME was conducted.