Allegations of ill-treatment, including degrading treatment, of three individuals, including a minor.

The International Secretariat of the World Organisation Against Torture (OMCT) requests your 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 the alleged ill-treatment, including degrading treatment, by a Border Security Force (BSF) officer of Mr. Tutan Seikh (about 20 years), Mr. Khalil Seikh (about 24 years), and a minor, Hasibul Seikh (about 14 years), all residing in Sitanagar Village, in Murshidabad District, West Bengal.

According to the information received, on 12 December 2009 at about 2 pm, Mr. Tutan Seikh, Mr. Khalil Seikh and Hasibul Seikh were loading crops on a van rickshaw after having worked on their field, located in Hazrahati Mouza, near BSF Khasmahal Border Out Post, when a non identified BSF officer, allegedly attached to the “G” Company, Battalion no. 191, ordered them to stop without giving any reasons. The BSF officer reportedly got irritated when they did not stop immediately, following what he allegedly verbally insulted the three of them. The BSF officer then told them to sit down and stand up repeatedly for about 50 times while holding their ears. When Mr. Tutan Seikh refused, the BSF officer allegedly threatened him with severe consequences and forced him to continue. He also beat Mr. Tutan Seikh with a bamboo stick. It is also reported that Mr. Khalil Seikh was beaten with a stick by the same BSF officer.

According to the same information received, on 13 December 2009, Mr. Tutan Seikh lodged a complaint with regard to the aforementioned alleged facts at the Jalangi Police Station (general diary no. 764/09). He also reportedly requested to the police officer a letter mentioning the injuries he sustained due to the beatings for the Block Medical Officer in order to receive adequate medical treatment, but the police officer refused to do so. After MASUM tried to intervene on behalf of Mr. Tutan Seikh, this latter went again to the police station on the following day. However, once there, he was reportedly told that the BSF officer had committed no such abuse and that the BSF were there to “beat the people”. On 14 December 2009, Mr. Tutan Seikh sent a written complaint to the Superintendent of police of Murshidabad district, but to date, no investigation has been conducted into the alleged facts.

OMCT is gravely concerned about this case, which is yet another example of the BSF’s blatant disregard for human rights and again demonstrates the importance to conduct effective, thorough, independent and impartial investigations into such abuses. In this respect, however, OMCT is very much concerned by the delays in initiating an effective investigation into these allegations and fears that the perpetrator may enjoy impunity.

OMCT recalls that according to article 7 of the International Covenant on Civil and Political Rights, to which India is Party, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. OMCT is particularly concerned about the fact that Hasibul Seikh is about 14 years old and is legally a child both under international and national law and should be treated accordingly, which was reportedly not the case. In this respect, OMCT calls on India to fully respect and implement the UN Convention on the Rights of the Child to which India is party, which stipulates that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment (…)” (Article 37 a)).

At last, OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned alleged facts, 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

Action requested

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

1. Guarantee in all circumstance the physical and psychological integrity of Mr. Tutan Seikh, Mr. Khalil Seikh and Hasibul Seikh;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned alleged facts, 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;
3. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims concerned.

Addresses

• Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;
• 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;
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;
• Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;
• 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;
• Mr. Gopalkrishna Gandhi, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in;
• 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;
• Mr. Biswanath Choudhury, Minister, Jail Department, Government of West Bengal, Fax: +91 33 22 145 442, Email: micjail@wb.gov.in;
• 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, 18 January 2010

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