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Urgent campaigns / Urgent Interventions / India / 2011 / October

India: Follow-up of case IND 250811_Threats and intimidation against Mr. Rabiul Gazi to withdraw his complaint

Case IND 250811.1

Follow-up of case IND 250811

Threats and intimidation/ Lack of a proper investigation/ Fear for the safety

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation inthe India/ West Bengal.

New information

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, that Mr. Rabiul Gazi, a Muslim man from the village of East Jainagar, Purbapara, aged about 28 years old and boat driver in Mumbai, who was severely beaten by members of the Border Security Force (BSF) in June 2011, was threatened by a BSF Company Commander to withdraw the complaint he lodged with the police. OMCT is gravely concerned about his safety and the safety of his family.  

According to the information received, on 16 September 2011, at about 10:30 am, one BSF Company Commander from the 47th Battalion, who is known in the area, went to Mr. Rabiul Gazi’s house dressed in plain-clothes. He spoke in broken Bangla and told Mr. Rabiul Gazi’s father in a threatening voice to withdraw the complaint against the BSF members or the family would face serious consequences. He reportedly forced Mr. Rabiul Gazi’s father to sign on a paper that he had brought along with him as well as to take 15,000 Rupees in exchange for withdrawing the complaint. Mr. Rabiul Gazi was not present at the time.

OMCT recalls that, on 23 June 2011, Mr. Rabiul Gazi had lodged a complaint with the Superintendent of Police, Barasat, North 24 Parganas against the alleged BSF members who ill-treated him. To date, the complaint has not been formally registered by the police in violation of the Indian Code of Criminal Procedure, and no investigation has been carried out into the allegations.

OMCT is gravely concerned about the safety of Mr. Rabiul Gazi and of his family and urges the competent authorities to guarantee their safety, at all times, and adequately protect them from further intimidation. OMCT recalls that the victims of torture and ill-treatment must be ensured an effective remedy for the human rights violations suffered, and the right to reparation with compensation and rehabilitation.

Accordingly, OMCT is gravely concerned about the delays in initiating an investigation into the allegations of ill-treatment suffered by Mr. Rabiul Gazi and therefore calls on the competent authorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, 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.

Background information

OMCT had earlier been informed about the severe beating inflicted by members of the BSF on Mr. Rabiul Gazi. According to the information received, on 15 June 2011, at about 4 pm, Mr. Rabiul Gazi, who was visiting his family in the village of East Jainagar, was going to his mother’s hut when he was restrained by two BSF members, alleged to be from the Garbda BSF Camp, Company-F, Battalion 47. One of them accused Mr. Rabiul Gazi of being a smuggler. Mr. Rabiul Gazi reportedly denied the allegations by saying that he was working in Mumbai and that he could show them his working card. However, both BSF members allegedly got furious about his response and started to severely beat him all over his body with their wooden sticks and rifle butts. The BSF members also reportedly insulted him, and made comments on his religion and social background (he is a beneficiary of the Below Poverty Line programme)[1]. When Mr. Rabiul Gazi’s mother and aunt saw what was happening, they urged the BSF members to stop beating him. However, these latter refused and violently pushed Mr. Rabiul Gazi’s aunt. Mr. Rabiul Gazi was then reportedly handcuffed and taken to Garbda camp, where he was arbitrarily detained for more than three hours. He was also denied access to a doctor and medical treatment. Mr. Rabiul Gazi was only released later when his father and a villager came to the BSF camp. However, before his release, he had reportedly to sign on a blank page.

According to the same information received, Mr. Rabiul Gazi was subsequently taken to Basirhat Sub-division Hospital. However, when he said that he was beaten by the BSF, he reportedly did not receive an adequate medical treatment and he was not given his injury report. Mr. Rabiul Gazi only later received medical care from a local village doctor.

Action requested

Please write to the authorities in India/ West Bengal urging them to:

 

i.                     Guarantee, in all circumstances, the physical and psychological integrity of Mr. Rabiul Gazi and of his family;

ii.                   Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, notably the allegations of ill-treatment, in accordance with international human rights standards, 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 and rehabilitation, is granted to Mr. Rabiul Gazi; 

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      Mr. Satyabrata Pal, Member, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: satyabrata49@hotmail.com;

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      Miss Mamata Banerjee, 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.

*******

Geneva, 19 October 2011.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.



[1] The Below Poverty Line (BPL) is a social welfare programme that provides families with ration card allocations. 

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Date: October 19, 2011
Activity: Urgent campaigns
Type: Urgent Interventions
Country: India
Subjects: Threats, intimidation and harassment

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