TheInternational Secretariat of the World Organisation Against Torture (OMCT)requestsyour URGENT interventionin the following situation in India/ West Bengal.

Brief description of the situation

The International Secretariatof OMCT has been informed by BanglarManabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the incommunicado detention and alleged tortureand ill-treatment of Mr. Mijanur Molla and Mr. Jalil Gazi., by members of the Border Security Force(BSF), in events occurred in District-North 24 Parganas, West Bengal. OMCT is gravely concerned that to date, there has been reportedly noeffective investigation into these allegations.

According to the informationreceived, on 26 March 2011, at about 11.30pm, Mr. Mijanur Molla,aged about 25 years,and Mr. Jalil Gazi Mondal, aged about 33 years, who resided at Sonpur village,were arrested in their respective homes by around 25 BSF constables fromKaijuri-Gaborda Border Outpost (BOP), Battalion no. 47 of BSF. The BSFconstable reportedly entered into their respective houses by breaking the frontdoor and then subjected the abovementioned two men to severe beating, inpresence of their family members. Thereafter, the BSF constables took them to thenearby BSF Camp, where they were allegedly subjected to torture, includingelectric shocks.

According to the same information,on 27 March 2011, almost 17 hoursafter their arrest, the BSF took Mr. Mijanur Molla and Mr. Jalil Gazi Mondal toSwarupnagar Police Station, where the BSF filed a written complaint against Mr.Mijanur Molla and Mr. Jalil Gazi Mondal accusing each of them of carrying morethan 10 kg of Ganja (cannabis). The police subsequently registered a FirstInformation Report (FIR)[1]under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substance Actand then prepared a seizure list in presence of the BSF constables but withoutany independent witness being present, stating that the aforementioned amountof Ganja was recovered from both Mr. Mijanur Molla and Mr. Jalil Gazi Mondal. TheBSF have also not given any explanation for the delay of almost 17 hoursbetween the arrest of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal and their transferto the nearest police station, namely Swarupnagar Police Station, although Section52(3) of the Narcotic Drugs and Psychotropic Substance Act requires that aperson arrested under the Act be presented to the officer-in-charge of the nearestpolice station without unnecessary delay.

On 23 March 2011, Mr. Mijanur Molla and Mr. Jalil Gazi Mondal were reportedlyproduced before the Additional Sessions Judge 6th Court in the city of Barasat. They both remaindetained at Swarupnagar Police Station pending trial, after the bailapplications that had been filed in court were rejected. OMCT has also beeninformed that, since the beginning of their detention, Mr. Mijanur Molla and Mr.Jalil Gazi Mondal have been denied access to their families, a doctor and alawyer.

On 26 March 2011, the families of both Mr. Mijanur Molla and Mr. JalilGazi Mondal submitted one written complaint before the Sub-Divisional PoliceOfficer (SDPO), Basirhat, North 24 Parganas, regarding the arrest of theirrelatives from their house by BSF constables without disclosing any reason. On 1 April 2011, Ms. Tajlima Bibi, Mr. Mijanur Molla’swife, also submitted one written complaint before the same SDPO, regarding the acts of torture,including the electric shocks, inflicted by the BSF constables to her husbandin their home and at the BSF camp. There is currently noinformation available on the existence of any investigation or progress ofinvestigation regarding these complaints.

OMCT is concernedfor the safety of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal and recalls thatthe authorities are legally bound to effectively ensure the physical andpsychological integrity of all persons deprived of liberty in accordance withinternational human rights law. The authorities must also ensure that Mr. MijanurMolla and Mr. Jalil Gazi Mondal are afforded their rights to access toeffective counsel, their families and medical assistance.

OMCT also calls on the competentauthorities to ensure that the investigation into the allegations of tortureand other ill-treatment of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal iscarried 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.

Action requested

Pleasewrite to the authorities in India/ West Bengal urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Mijanur Molla and Mr.Jalil Gazi Mondal;

ii. Grant them immediate and full access to a lawyer of their choice and theirfamilies, as well as guarantee that they are promptly examined by independentdoctors and receive adequate and free medical care, in accordance, inter alia,with the UN Standard Minimum Rules for the Treatment of Prisoners;

iii. Order their immediaterelease in the absence of valid legal charges that are consistent withinternational law and standards, or, if such charges exist, bring them promptlybefore an impartial, independent and competent tribunal and guarantee theirprocedural rights at all times;

iv. Carry outa prompt, effective, thorough, independent and impartial investigationinto the allegations of torture and other ill-treatment of Mr. Mijanur Mollaand Mr. Jalil Gazi Mondal in accordance with international human rightsstandards, 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. Ensure that an effectiveremedy as well as the right to full redress, including compensation, is grantedto the victims;

iv. Guarantee the respect ofhuman rights and the fundamental freedoms throughout the country in accordancewith 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 HomeAffairs, Ministry of Home Affairs, 104-107 North Block, New Delhi110 001 India, Fax: +91 11 2309 2979;

Ø Hon'bleMr. 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 Permanent Mission of India to the United Nations (Geneva),Rue duValais 9, 1202 Geneva, Tel: +41 22 90686 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, 20 July 2011.

Kindly inform us of any actionundertaken quoting the code of this appeal in your

[1] FIR no. 70/2011 dated27.3.2011.