Assault on three girls and threats to one girl's family by Border Security Force officers / Impunity of the alleged perpetrators

Assault on three girls and threats to one girl’s family by Border Security Force officers / Impunity of the alleged perpetrators

The International Secretariat of 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 MASUM, a member of OMCT SOS-Torture Network, of the physical assault on 5 September 2009 on three 12 year old girls, K. K., S. K. and J. K. by Border Security Force (BSF) officers in the village of Char Lalkup, near the Indo-Bangladeshi border.

According to the information received (a fact finding report from MASUM published on 20 October 2009), at 7 a.m. on 5 September 2009, K. K. and two girl friends were playing in front of K. K.’s family house in the village of Char Lalkup, District Murshidabad, West Bengal when they were approached by three plain clothes BSF officers. The officers have been identified as belonging to the Bamnabad BSF Camp, Battalion-191, Company-F, Police Station-Raninagar, District-Murshidabad. They are reported to be Sub Inspector of BSF, Constable of BSF and another BSF agent.

According to the same information, the Sub Inspector allegedly started to slap K. K. on her cheek. When K. K.’s friends asked the reason for such abuse, the Constable slapped and beat them all with a bamboo stick. S.K. and J. K. managed to run inside the house while the BSF officers continued to beat K. K. Hearing the cries of her daughter, Ms. Halima Bibi came out of the house and started to protest while trying to release her daughter from the officers’ control.

According to the same information, Ms. Halima Bibi was then subjected to obscene and sexually intimidating language by the BSF officers. Finally, the officers also allegedly threatened Ms. Halima Bibi and her husband, Mr. Majid Seikh, with demolishing their house, removing them from their village and arresting them on the basis of a false case of smuggling if they denounced the assault on their daughter.

Despite the threats, Ms. Halima Bibi reportedly lodged a written complaint with Raninagar Police Station on the same day. However, the officer in charge only recorded the case in the general diary entry book under n°222/09 dated 05/09/2009 and to date there has been no investigation into the alleged facts and no legal or disciplinary action has been taken against the officers concerned who continue to work in the same duty stations.

The International Secretariat of the OMCT and MASUM are gravely concerned about this serious incident that adds to a series of similar cases of assaults and even extra-judicial killings of civilians, including children, committed by the BSF in West Bengal. In most cases, the impunity of the perpetrators prevails. OMCT recalls that, according to the UN Convention on the Rights of the Child, to which India is Party, “[n]o child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (article 37 a)). Under this Convention India is also legally obliged to take protective measures, including, inter alia, “for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment …, and, as appropriate, for judicial involvement” (article 19.2).

Requested action

Please write to the authorities of India urging them to:

1. guarantee, in all circumstances, the physical and psychological integrity of the victims;
2. order an effective, full, impartial and independent investigation into the alleged assault of the girls, 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 adequate compensation be provided to the victims concerned;
4. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, guarantee the safety and the physical and psychological integrity of all children throughout the country and adopt immediate measures to put an end to violence against children.

Addresses

• 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, Tel: +91 11 230 74448, 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. Phone +91-33-24797727, 24791629, Fax - 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. M. L. Kumawat, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• 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
• Permanent mission 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 embassy of India in your respective country.

Geneva, October 27, 2009

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