Case IND 190712
Alleged torture and ill-treatment/ Death threats/ Acts of intimidation and harassment/ No proper investigation/ Risk of impunity
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 death threats, acts of intimidation and harassment against Mr. Krishna Mondal, a victim of torture and ill-treatment, and his family by Border Security Force (BSF) personnel. OMCT is gravely concerned about his safety and physical and psychological integrity.
According to the information received, on 1 January 2012 around 7 am Mr. Krishna Mondal was working on his farmland when four BSF soldiers from BSF Out-Post No. 9, Harudanga BSF Camp, came to him. They detained Mr. Krishna Mondal and tied his hands on his back, without providing him with an explanation for his arrest. With the butts of their rifles the BSF soldiers assaulted the victim, which made him fall on the ground. They continued to attack Mr. Mondal by kicking him with blood-clad feet, and removed his clothes after which they beat him with a slip of bamboo that was embedded with nails. The whole time the soldiers verbally abused Mr. Mondal. When the BSF soldiers left, Mr. Mondal was almost unconscious and suffered from severe injuries, while bleeding from numerous wounds all over his body. The witnesses, which included Mr. Mondal’s three brothers and his neighbour, were able to carry him away and ensured a direct medical treatment by a local doctor. The BSF soldiers reportedly came back later on the same day and threatened to kill Mr. Krishna Mondal if he would try to lodge a complaint at the local police station.
Nevertheless the victim’s wife, Mrs. Anita Mondal, sent a written complaint to the Superintendent of Police, Murshidabad, in which she explained the events and requested that appropriate legal action be taken against the perpetrators. On 1 June 2012, an application was submitted on behalf of Mr. Krishna Mondal before the Additional Chief Judicial Magistrate of Lalbagh, Murshidabad requesting an investigation into the aforementioned allegations, since no proper investigation had been conducted after the written complaint.
According to the same information received, on 30 June 2012, a homeguard (a governmental employee assisting the police) from the Raninagar Police Station went to Mr. Krishna Mondal’s house. He had a notice with him which was just a piece of paper indicating the name of Mr. Krishna Mondal and two witnesses: Mr. Bijoy Mondal and one of the local doctors who had treated Mr. Mondal, Mr. Siraj Islam. The notice did not indicate any other information or details such as the investigating officer or dates and places. The homeguard only told Mr. Mondal and the two witnesses to visit the Raninagar police station on 1 July 2012 at 10 am. Out of fear for the intentions of the police, the victim and one of the witnesses, Mr. Bijoy Mondal, did not show up. The doctor however did go to the police station at the said time and place. He was allegedly threatened with dire consequences following which he denied having examined Mr. Krishna Mondal.
The next morning, on 2 July 2012, the homeguard reportedly went back to Mr. Mondal’s house and told him that he had to go to Raninagar police station or otherwise face the consequences. A few hours later, around 12 am, some members of the Intelligence Branch of the Harudanga BSF Camp went to Mr. Mondal’s house and allegedly intimidated him, in order to induce him to settle with the BSF. They gave him three days to withdraw his complaint, and referred an ‘impediment misfortune’ that would await him and the witnesses if he wouldn’t withdraw the case.
On 3 July 2012, the Officer in Charge of Raninagar Police Station reportedly called to Mr. Islam’s mobile phone in order to talk to Mr. Mondal. He intimidated the victim by saying that Mr. Mondal seems to think of himself as a Mastan (a person with informal influence) as he did not visit the police station, that he, the Officer, will fabricate false evidence against Mr. Mondal and thus that Mr. Mondal will be brought to the police station by the police.
According to the same information, on 7 July 2012, four uniformed BSF personnel and another individual in plain clothes went back to Mr. Krishna Mondal’s house. They informed him that they were from Harudanga BSF camp. They reportedly asked Mr. Mondal and the family present in the house why they did not come to BSF camp as they were asked. The BSF personnel then told Mr. Mondal, his wife, his sister-in-law, his two brothers and Mr. Bijoy Mondal to follow them to the BSF camp for investigation. When they refused to go to the BSF camp, the BSF personnel allegedly forced them by intimidating them. Once they arrived at the camp, Mr. Mondal and his relatives were put into a cell. They were then produced one by one before a BSF officer who asked them a set of questions, notably who prompted them to file a complaint against the BSF. They were then all made to sign a document although they could not read it and they were not provided any copy. They had to stay in the camp for about three hours.
On 8 July 2012, two individuals who identified themselves from the BSF Intelligence Branch Roshanbagh Head Quarter accompanied with four uniformed BSF personnel reportedly went to Mr. Tojammel Haq’s house, a local doctor who had also examined Mr. Krishna Mondal after he was tortured, and asked about his whereabouts. As he was not home that day, two BSF officers from Roshanbagh district went back to his house on 10 July 2012. They reportedly wanted to have the medical details of Mr. Mondal.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Mr. Krishna Mondal, his family and the witnesses to his case. OMCT urges the competent authorities to guarantee their physical and psychological integrity at all times, notably by immediately putting in place adequate protection measures for them, and by suspending the BSF soldiers believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.
OMCT recalls that the authorities have to fulfil their obligations under the Indian Constitution and under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, to consider seriously any allegations of torture and ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions.
OMCT also recalls that victims of torture and ill-treatment must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation. At the time of issuing this urgent appeal, neither the police nor others within the district or state administration have reportedly undertaken any kind of action into the torture and ill-treatment allegations. Mr. Mondal remains in a poor physical condition.
Please write to the authorities in India urging them to:
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 Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
Ø 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 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 July 2012
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
| Tweet |
English