Case IND 310812
Allegations of ill-treatment/ 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 two cases of alleged ill-treatment by Border Security Force (BSF) soldiers in West Bengal, namely the cases of Mr Ajibor Gaji, aged about 26 years old from Amudia Village, in North 24 Parganas district, and Mr Majim Sardar, aged about 46 years old from Char Sahebnagar village, in Murshidabad district.
According to the information received, on 21 July 2012 at about 11:00 pm, Mr Ajibor Gaji, a daily wager earner, was returning home with his cows by crossing the ground of Amodia Primary School, near Amodia Gate no. 1, when eight BSF soldiers from Amodia BSF Out-Post, Battalion no. 152, detained him. One of the BSF soldiers, about 30 years old, started to beat Mr Ajibor Gaji with a stick on his face, forehead and ears and then on his back, legs and chest with a riffle but. Other five soldiers also started to beat him with sticks and riffles all over his body. It is reported that a BSF officer from the intelligence unit witnessed the beating from a short distance but did not intervene. Mr Ajibor Gaji was then taken to Amodia Camp in a BSF van. He was only released when neighbours came to the camp and paid the aforementioned BSF intelligence officer some money. He was then brought to a local doctor for a medical examination and treatment. Mr Ajibor Gaji reportedly suffered swellings and bruising on different parts of his body.
Mr Ajibor Gaji lodged on 26 July 2012 a written complaint to the Sub Division Police Office, Basirhat, North 24 Parganas, to denounce the aforementioned events. To date, there has been reportedly no investigation carried out into the aforementioned events.
According to the same information received, on 23 June 2012 in the evening, Mr Majim Sardar, a farmer, was returning home from Seikhpara when about eight BSF soldiers from Kaharpara BSF Out-Post, Battalion no. 92, detained him on the Kaharpara Iron Bridge without giving any reason. The BSF soldiers allegedly started to kick Mr Majim Sardar until he almost lost his senses. He was taken to Raninagar Police Station but the on-duty police officer reportedly refused to take him in custody. The BSF soldiers then took him to Kaharpara BSF Camp where he was detained for three days without charges and without access to a lawyer and his family in violation of the Indian Criminal Procedure Code. He was allegedly deprived of sleep and was not provided medical care. On 26 June 2012, Mr Majim Sardar was transferred to Raninagar Police Station, where the BSF soldiers lodged a complaint against him for “disobedience to an order lawfully promulgated by a public servant” (case no. 350/2012 under section 188 of Indian Penal Code). He was then taken to Godhanpara Primary Health Centre for a medical check up before being presented at Labagh Court. He reportedly suffered from hematoma and bruising on his chest and back. He was later released on bail.
Mr Majim Sardar lodged a written complaint on 4 July 2012 before the Superintendent of Police, Murshidabad against the BSF soldiers. To date, there has been reportedly no investigation carried out into the aforementioned events.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Mr Ajibor Gaji and Mr Majim Sardar. 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 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 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 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.
OMCT has documented many cases of indiscriminate killings, torture and ill-treatment committed by the BSF over the years in West Bengal, against both Indian and Bangladeshi nationals, in an alleged effort to contain illegal cross-border activities. Although in some cases complaints were lodged, no effective investigations have been carried out and no perpetrators were brought to justice.
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, 31 August 2012
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
| Tweet |
English