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Urgent campaigns / Urgent Interventions / India / 2013 / January

India: Allegations of ill-treatment and arbitrary arrest

Case IND 160113

Allegations of torture and ill-treatment/ Arbitrary detention/ False charges/ 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.

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 two cases of alleged ill-treatment, arbitrary detention and false charges by Border Security Force (BSF) soldiers and police in West Bengal, namely the cases of Mr. Prosenjit Mondal, a 20 years-old labourer living in Harudanga Village, in Murshidabad district, and Mr. Omar Ali Gazi, a 46 years-old car driver from Merudondi Village, in North 24 Pargonas district.

According to the information received, on 27 September 2012 at about 9:00 pm, around seven Border Security Force (BSF) soldiers from Harudanga BSF Out-Post no. 3, apprehended Mr. Prosenjit Mondal when he was at Mauja Majhardiar West patrolling the pea-legume cultivation of his brother-in-law. The BSF soldiers, armed with wooden sticks and rifles, chased, beat and kicked him with their boot-clad. They subsequently brought Mr. Prosenjit Mondal to Harudanga Mini Camp, tied his hands and legs with rope and kept him under arrest for the night. While detained he was allegedly not given any medical aid for the injuries sustained, neither was he provided with drinking water. The very next day, on 28 September 2012, Mr. Prosenjit Mondal was brought to Codhan Para Health Centre where he was given a nominal check-up and no medicine at all. Right after that he was moved to Raninagar Police Station and charged under the Narcotic Drugs and Psychotropic Substances Act. The BSF reportedly claimed to have seized 30 bottles of Phensydil from Mr. Prosenjit Mondal, accusations that this latter denied. On 18 October 2012 Mr. Prosenjit Mondal was released after his family allegedly paid a bribe amounting to Rs. 5,000. During the detention period at the Correctional Home, he was not given any medical support.

                                                                                                         

On 18 December 2012, Mr. Prosenjit Mondal lodged a written complaint to the Superintendent of the Police in Murshidabad district, 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 18 September 2012 at about 9:45 pm, two policemen in plainclothes detained Mr. Omar Ali Gazi while he was standing in front of the Natun Bazar near Basirhat Board Ghat. The two policemen, personnel of Basirhat Police Station, took him to Basirhat Police Station where he was illegally detained without further explanation of the motives. Mr. Omar Ali Gazi’s family was not informed about the detention at that time and there is no memo of arrest available. The same day of detention at around 12:00 pm he was forced to give 8 to 10 finger impressions on some blank papers and written documents. The Duty Officer of the police station together with one of the aforementioned policemen allegedly hit several times Mr. Omar Ali Gazi at his face with their hands making his mouth bleed. After this incident Mr. Omar Ali Gazi was having serious pain when eating food for a week. On 19 September 2012, Mr. Omar Ali Gazi was brought to Basirhat Hospital where he was given a nominal check-up and no treatment for the pain on his face. He was later presented before the Additional Chief Judicial Magistrate’s Court charged under the Narcotic Drugs and Psychotropic Substances Act. Right after that he was moved to Dumdum Central Jail until 18 December 2012 when he was released on bail.

On 24 December 2012, Mr. Omar Ali Gazi lodged a written complaint to the Sub Divisional Police Officer (SDPO) of Basirhat Sub Division to denounce the aforementioned events and appealed for redress. To date, there has been reportedly no investigation carried out into the aforementioned events.

The International Secretariat of OMCT expresses its concern about the safety and physical and psychological integrity of Mr. Prosenjit Mondal and Mr. Omar Ali Gazi. 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 and the police personnel 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 and the right to liberty and security, to consider seriously any allegations of ill-treatment and arbitrary arrest, 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 arbitrary arrest, false charges and torture and ill treatment committed by the BSF and the Police over the years in West Bengal. Although in some cases complaints were lodged, no effective investigations have been carried out and no perpetrators were brought to justice.

Action requested

Please write to the authorities in India urging them to:

  1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Prosenjit Mondal and Mr. Omar Ali Gazi;
  2. Immediately put in place adequate protection measures for them;
  3. Carry out a prompt, effective, thorough, independent and impartial investigation into the alleged acts of ill-treatment, arbitrary detention and false charges suffered by Mr. Prosenjit Mondal and Mr. Omar Ali Gazi, 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;
  4. Ensure that adequate, effective and prompt reparation including adequate compensation and rehabilitation is granted to Mr. Prosenjit Mondal and Mr. Omar Ali Gazi;
  5. 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 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 National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;

Ø Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;

Ø 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.

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

Geneva, 16 January 2013

Properties

Date: January 16, 2013
Activity: Urgent campaigns
Type: Urgent Interventions
Country: India
Subjects: Arbitrary arrests and enforced disappearances, Torture and violence

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