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Rights of the child / Urgent Interventions / India / 2010 / October

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:
  1. 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;
  2. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victims’ families concerned; 
  3. 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.

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Date: October 28, 2010
Activity: Rights of the Child, Urgent campaigns
Type: Urgent Interventions
Country: India

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