The InternationalSecretariat of the World Organisation Against Torture (OMCT) requestsyourURGENT intervention inthe following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has beeninformed by Banglar ManabadhikarSuraksha Mancha (MASUM), amember of OMCT SOS-Torture Network, about the killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk., in eventsoccurred in Murshidabad District, West Bengal. OMCT is gravelyconcerned that to date, there has been reportedly no effective investigationinto these killings.

According to the information received, on9 November2010, at about 2.30 a.m., Mr.Sah Alam Mal, about 40 years old, resident of Atarpara, a village in theRajshani District, Bangladesh, was shot in the back of his head by a BorderSecurity Force (BSF) Constable posted at BSF outpost no-IV under Dayarampur BSFCamp, in Murshidabad District, West Bengal. Mr. Sah Alam Mal was reportedly trying to smuggle cattle throughthe aforementioned outpost with some other smugglers on the night of 9 November 2010. When the BSF Constable tried to catch the cattle, the smugglersjumped into the river, thereupon he allegedly fired at them without any warningfrom a distance of 200-300 metres, and killed Mr. Sah Alam Mal. Members of theBSF subsequently took Mr. Sah Alam Mal’s body and brought it to theSadhikardiar Hospital, where he was declared dead by the on-duty medical officer.The body was handed over to the family in Bangladesh on 14 November 2010.

The same day of the shooting and death ofMr. Sah Alam Mal, a complaint was filed by Mr. Surjeet Singh, CompanyCommander, Dayarampur BSF Camp, at Jalangi Police Station on the abovementionedincident, depicting the incident as an encounter and accusing the victim, amongother things, of attempted murder. The police investigation is still pendingand there’s currently no information available on the progress of theinvestigation.

According to the same information, on 28 December 2010, between 4.30a.m. and 5 a.m., Mr. Miltan Sk., about 22 years old, from Budhurpara Village, Murshidabad District, West Bengal, and Mr. Sentu Sk., about 27 years old, resident ofDakshin Char Majher Diar, Murshidabad District, West Bengal, were killed by a shot in the chin. It is reported thatthe victims were present near the BSF outpost no. IV, Kaharpara BSF Camp, MurshidabadDistrict with smugglers. The on-duty BSF members apprehended the victims andthen allegedly shot at them. BSF members informed the policemen at RaninagarPolice Station, who then transported the two bodies to the Godhanpara PrimaryHealth Centre, where they were declared dead. The Raninagar Police Stationregistered the two deaths as unnatural death cases.

On the next day, on 29December 2010, awritten complaint was filed before the Raninagar Police Station by the brotherof Mr. Sentu Sk., Mr. Bajlur Rahman, accusing the BSF of murdering his brotherand the other victim without a valid justification (case No 705/2010). Anotherwritten complaint was filed before the same police station by BSF CompanyCommander Mr. Amba Dutta on the same incident alleging that Mr. Miltan Sk. and Mr.Sentu Sk. both died as a result of an encounter. The police investigation onthe first complaint is still pending, and no further information is availableon the progress of the investigation.

The International Secretariat of OMCT is gravelyconcerned about the alleged aforementioned facts and recalls that the authorities have to fulfil their obligations under the IndianConstitution[1] and under internationalhuman rights law to protect the right to life. State authorities mustensure that security forces comply with international human rights standards onlaw enforcement, in particular those relating to the use of force.

OMCT is also deeply concerned by the delays ininitiating an effective investigation into the circumstances surrounding thekillings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk.. Accordingly, OMCT calls on the competentauthorities to ensure that the investigation is carried out promptly, effectively, thoroughly, independently and impartially, inaccordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result ofwhich must be made public, in ordertobring those responsible before a competent, independent and impartial tribunaland apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to theauthorities in India/ West Bengal urging them to:

i. Carryout a prompt, effective, thorough, independent and impartial investigationinto the killings of Mr.Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk., in accordance withinternational human rights standards, interalia, with the UN Principle on the Effective Prevention and Investigationof Extra-legal, Arbitrary and Summary Executions, the result of which must bemade public, in orderto bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation, is granted to the victims’ families concerned;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin 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 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;

Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justiceof 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, CopernicusMarg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;

Ø Jusice N. C. Sil,Acting Chairman, West Bengal Human RightsCommission,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 Mr. Sri BuddhadebBhattacharjee, 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 PermanentMissionof Indiato the United Nations (Geneva),Ruedu Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also writeto the diplomatic mission or embassy of India in your respectivecountry.

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Geneva, 15 February 2011.

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

[1] Article 21 of the Indian Constitution states that “No person shall be deprived ofhis life or personal liberty except according to procedure established by law”.