Extrajudicial killing of Mr. Dinabandhu Mondal in BSF custody

Extrajudicial killing/ Allegations of torture and ill-treatment/ Lack of a proper investigation/ Risk of impunity

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 Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the extrajudicial killing of Mr. Dinabandhu Mondal, about 33-years-old from Border Para village in Murshidabad, West Bengal, in Border Security Force (BSF) custody.

According to the information received, on 2 July 2009 at about 5:30 pm, Mr. Dinabandhu Mondal and his wife were returning from Nirmalchar village to their house in Border Para when they were ordered by two BSF officers to follow them to the BSF out-post camp n°2 (operating under Harudanga BOP, BSF Company Headquarter), located about two and half kilometre away. While Ms. Lakhidasi Mondal was then allowed to go, Mr. Dinabandhu Mondal was detained at the camp. The BSF officers reportedly did not give any reasons for his detention.

According to the same information, when Ms. Lakhidasi Mondal got back to her house, she informed her husband’s family about the events. Mr. Dinabandhu Mondal’s elderly brother reportedly went to the said BSF camp and, along the way, he was informed by passers-by that an individual had been shot at the camp. When he arrived there, he discovered the body of his brother on the ground surrounded by BSF officers. The body reportedly bore gunshot wounds. Furthermore, the family was later informed that Mr. Dinabandhu Mondal had been allegedly tortured and ill-treated before being shot. The BSF officers later brought cattle and kept them near the body of Mr. Dinabandhu Mondal. According to the information, this was done so as to give the impression that the victim was smuggling cattle.

On 3 July 2009 in the morning, police officers from the local Raninagar police station reportedly arrived on the scene and conducted a preliminary inquest on the body of the victim. The police later brought the body to the mentioned police station and requested Mr. Arun Mondal and Mr. Mantu Mondal, both brothers of Mr. Dinabandhu Mondal, to sign a blank piece of paper. On the same day, the police opened an unnatural death case, registered case no. 21/2009, and on 4 July 2009, a post mortem examination was conducted at Lalbagh Sub-Divisional Hospital (no. 153 dated 04.07.2009). However, no inquiry by any judicial magistrate according to the Criminal Procedure Code was reportedly conducted although the victim allegedly died in BSF custody.

Furthermore, according to the same information, the Raninagar police refused, on several occasions, to register the complaint that Ms. Lakhidasi Mondal tried to lodge against the BSF. On 17 July 2009, she wrote a complaint to Murshidabad Superintendent of Police. However, as of issuing this appeal, no proper investigation has been reportedly launched into the death of Mr. Dinabandhu Mondal. On the contrary, Raninagar police opened a case against him.

The International Secretariat of OMCT is gravely concerned about the circumstances of the death of Mr. Dinabandhu Mondal while in BSF custody. OMCT recalls that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life” as stipulated in article 6 1) of the International Covenant on Civil and Political Rights and according to article 7 of the same treaty “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. OMCT is further concerned by the delays in initiating investigation into these allegations and fears that the perpetrators may enjoy impunity. Indeed, OMCT has already reported cases in which local police having jurisdiction along the Indo-Bangladesh border have consistently avoided taking any action against the BSF whenever a crime is reported against a BSF officer at the police station.

OMCT therefore calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, 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 death and the allegations of torture and ill-treatment of Mr. Dinabandhu Mondal, 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. Ensure that adequate, effective and prompt reparation is granted to the victim's family;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards

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
• Justice Rajendra Babu, 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, 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
• Ambassador Extraordinary and Plenipotentiary Permanent Representative 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, 15 September 2009

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