Alleged unlawful killing of Mr. Mohammad Ali, a 35-year-old Bangladeshi share-cropper, at the border

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India.

Brief description of the situation

The International Secretariat of OMCT has been informed by ODHIKAR, a member of OMCT SOS-Torture Network, about the alleged unlawful killing of Mr. Mohammad Ali, a 35-year–old Bangladeshi share-cropper from the village of Kisamat Nijjama, in Bangaldesh.

According to the information collected by ODHIKAR, on 12 November 2009 at 5:00am, Mr. Mohammad Ali was shot dead by members of the Border Security Force (BSF) belonging to Battalion 132 of the Jolpaiguri Sector, near Pillar 854/S3 of the Bangladesh-India Sreerampur border of Patgram, Lalmonirhat, in India. Mr. Mohammad Ali was reportedly working on his farmland, which is located near the border.

According to the same information, Mr. Mohammad Ali’s father and some of his neighbours heard three gun shots on the early morning of 12 November 2009 and went near the Pillar 854/S3 where they were informed that Mr. Mohammad Ali was killed by the BSF and his body was taken to India. Afterwards, members of the Bangladesh Rifles (BDR) of the Seerampur Border allegedly contacted the BSF to protest against the killing of Mr. Mohammad Ali and demanded to return the body.

In response to the BDR’s demand, the BSF reportedly informed that Mr. Mohammad Ali had crossed the border and refused to surrender when the BSF ordered him to do so. Instead, Mr. Mohammed Ali allegedly attacked the BSF with a kitchen knife, which led the BSF to open fire in alleged self-defence, causing Mr. Mohammad Ali’s death. According to the information collected by ODHIKAR, the body of Mr. Mohammad Ali was returned on 13 November 2009. The body reportedly bore bullet wounds in the chest, left armpit and left hand.

The International Secretariat of OMCT is gravely concerned about the circumstances surrouding the death of Mr. Mohammad Ali. Indeed, OMCT has already documented several cases in which Indian BSF have resorted to excessive use of force, including deadly force, against residents living along the Bangladesh-India border. OMCT recalls that India has international treaty obligations to protect the right to life at all times and that the State authorities must ensure that security forces comply with international human rights standards on law enforcement, in particular those relating to the use of force. Under these standards, lethal force by law enforcement officials may be used only when strictly necessary and to the extent required for the performance of their duty.

Accordingly, OMCT calls on the competent Indian authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Mohammad Ali, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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 urging them to:

1. Carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Mohammad Ali, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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;
2. Guarantee, in all circumstances, the physical and psychological integrity of the members of his family and neighbours;
3. Ensure that an effective remedy, including the right to full redress with compensation, be granted to the victim’s family 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 embassies of India in your respective country.

Geneva, 20 January 2009

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