Follow-up of case IND 250811

Threats andintimidation/ Lack of a proper investigation/ Fear for the safety

The InternationalSecretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENTintervention in the following situation inthe India/ West Bengal.

New information

The International Secretariat of OMCT has beeninformed by BanglarManabadhikar Suraksha Mancha (MASUM),a member of OMCT SOS-Torture Network, that Mr. Rabiul Gazi, a Muslim manfrom the village of East Jainagar, Purbapara, aged about 28 years old and boatdriver in Mumbai, who was severely beaten by members of the Border SecurityForce (BSF) in June 2011, was threatened by a BSF Company Commander to withdrawthe complaint he lodged with the police. OMCT is gravely concerned about hissafety and the safety of his family.

According to the informationreceived, on 16 September 2011, at about 10:30 am, one BSF Company Commander from the 47thBattalion, who is known in the area, went to Mr. Rabiul Gazi’s house dressed inplain-clothes. He spoke in broken Bangla and told Mr. Rabiul Gazi’s father in athreatening voice to withdraw the complaint against the BSF members or thefamily would face serious consequences. He reportedly forced Mr. Rabiul Gazi’sfather to sign on a paper that he had brought along with him as well as to take15,000 Rupees in exchange for withdrawing the complaint. Mr. Rabiul Gazi wasnot present at the time.

OMCT recalls that, on 23 June 2011, Mr. Rabiul Gazi had lodged a complaint withthe Superintendent of Police, Barasat, North 24 Parganas against the allegedBSF members who ill-treated him. To date, the complaint has not been formallyregistered by the police in violation of the Indian Code of Criminal Procedure,and no investigation has been carried out into the allegations.

OMCT is gravely concerned aboutthe safety of Mr. Rabiul Gazi and of his family and urges the competentauthorities to guarantee their safety, at all times, and adequately protectthem from further intimidation. OMCT recalls that the victimsof torture and ill-treatment must be ensured an effective remedy for the humanrights violations suffered, and the right to reparation with compensation andrehabilitation.

Accordingly, OMCT is gravelyconcerned about the delays in initiating an investigation into the allegationsof ill-treatment suffered by Mr. Rabiul Gazi and therefore calls on the competentauthorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, inaccordance with international human rights standards, the result of which mustbe made public, in orderto bringthose responsible before a competent, independent and impartial tribunal andapply penal, civil and/or administrative sanctions as provided by law.

Backgroundinformation

OMCT had earlier been informed about the severebeating inflicted by members of the BSF on Mr. Rabiul Gazi. According to the information received, on 15June 2011, atabout 4 pm, Mr.Rabiul Gazi, who was visiting his family in the village of East Jainagar, was going to his mother’s hut when he wasrestrained by two BSF members, alleged to be from the Garbda BSF Camp,Company-F, Battalion 47. One of them accused Mr. Rabiul Gazi of being asmuggler. Mr. Rabiul Gazi reportedly denied the allegations by saying that hewas working in Mumbai and that he could show them his working card. However,both BSF members allegedly got furious about his response and started toseverely beat him all over his body with their wooden sticks and rifle butts.The BSF members also reportedly insulted him, and made comments on his religionand social background (he is a beneficiary of the Below Poverty Line programme)[1].When Mr. Rabiul Gazi’s mother and aunt saw what was happening, they urged theBSF members to stop beating him. However, these latter refused and violentlypushed Mr. Rabiul Gazi’s aunt. Mr. Rabiul Gazi was then reportedly handcuffedand taken to Garbda camp, where he was arbitrarily detained for more than threehours. He was also denied access to a doctor and medical treatment. Mr. RabiulGazi was only released later when his father and a villager came to the BSFcamp. However, before his release, he had reportedly to sign on a blank page.

According to the same information received, Mr. RabiulGazi was subsequently taken to Basirhat Sub-division Hospital. However, when he said that he was beatenby the BSF, he reportedly did not receive an adequate medical treatment and hewas not given his injury report. Mr. Rabiul Gazi only later received medicalcare from a local village doctor.

Action requested

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

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Rabiul Gazi and of his family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation intothe aforementioned facts, notably the allegations of ill-treatment, in accordance with international humanrights standards, the result of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation and rehabilitation, is granted to Mr. Rabiul Gazi;

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 Mr. Satyabrata Pal, Member, NationalHuman Rights Commission of India, Faridkot House, Copernicus Marg, NewDelhi 110 001, Fax: +91 11 2334 0016, Email: satyabrata49@hotmail.com;

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 Miss Mamata Banerjee, ChiefMinister, 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

Pleasealso write to the diplomatic mission or embassy of India in your respectivecountry.

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Geneva, 19 October 2011.

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

[1] The BelowPoverty Line (BPL) is a social welfare programme that provides families withration card allocations.