Extrajudicial execution/ Alleged torture and ill-treatment/ Lack of a proper investigation
The International Secretariat of the World Organisation Against Torture (OMCT) requestsyour URGENT intervention in the following situation in India/ West Bengal.
The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the extrajudicial execution of Mr. Saidul Mondal, about 28 years old from Jaykrishnapur village, in Murshidabad district, by members of the Border Security Force (BSF). To date, no effective investigation has been reportedly carried out.
According to the information received, on 17 April 2011, at about 4:30 am, Mr. Saidul Mondal was nearby the Char Mourasi BSF Camp when he was apprehended by about five members of the BSF, alleged to be from the Charmairasi BSF Border Out Post (BOP) camp. The BSF then allegedly started to beat him with bamboo sticks and the bayonet of their service rifles. Mr. Saidul Mondal sustained severe injuries and died a short time later. Several individuals reportedly witnessed the scene.
According to the same information received, the Raninagar police subsequently registered one unnatural death case at Raninagar Police Station (U.D. Case no. 8/2011) and a post mortem examination (PME) on Mr. Saidul Mondal’s body was reportedly carried out at Lalbagh Sub-Divisional Hospital, on 18 April 2011. The conclusions of the PME remain unknown and, to date, no effective investigation has been carried out into the circumstances of the death of Mr. Saidul Mondal. The alleged perpetrators and the witnesses to the scene have reportedly never been interrogated by the police.
OMCT recalls that the Indian authorities have to fulfil their obligations under the Indian Constitution[1] and under international human rights law to protect the right to life. OMCT is also deeply concerned by the delays in initiating an effective investigation into the circumstances surrounding the killing of Mr. Saidul Mondal. Accordingly, OMCT calls on the competent authorities to ensure that the investigation is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, inter alia, with 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 orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
Please write to the authorities in India/ West Bengal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Saidul Mondal’s family;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances surrounding the killing of Mr. Saidul Mondal, in accordance with international human rights standards, inter alia, with 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 orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victim’s family;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;
Ø 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;
Ø 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;
Ø Justice K. G. Balakrishnan, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;
Ø 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;
Ø 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;
Ø 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;
Ø 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.
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Geneva 3 August 2011.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
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