India
02.02.05
Urgent Interventions
India: killing of Mr. Rabin Hansda by three members of the Border Security Force
Case IND 020205
Extra-judicial killing / impunity
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 the Asian Human Rights Commission (AHRC), a member of OMCT network, that Rabin Hansda, a 34 year-old mentally ill man, was killed by three members of the Border Security Force (BSF) on 23 January 2005 in Basanti village of Kumarganj, the southern district of Dinajpur, West Bengal, India.
According to the information received, the young man was killed during seven rounds of firing. His body was found near a wired fence area. After the incident, the BSF claimed that Hansda was involved in a cough syrup smuggling ring and was trying to evade the authorities at the time of the incident.
Upon hearing of the incident, members of Hansda's village and family immediately voiced their protests in front of the local Panchayet (village council) Office. They alleged that the BSF personnel intentionally killed the mentally ill young man without cause, and demanded that the police administration start an immediate inquiry and punishment of the concerned BSF personnel.
The authorities responded with a primary investigation into the matter. Mr. Biswanath Chaudhury, Minister-in-Charge of the Department of Jails, Government of West Bengal ordered the district magistrate to submit an inquiry report into the incident and guaranteed that the necessary action would be taken up after receiving the report. Mr. Ramit Mutsuddi, District Magistrate of South Dinajpur stated that the local Circle Inspector of Police and Officer-in-Charge had visited the murder site and that necessary measurements would be taken after receiving the report.
However, the BSF continues to maintain their actions were just and in response to criminal activity. They allege they have seized some prohibited cough syrup as evidence of smuggling from the victim's body. The BSF Commandant Gauranga Pal claimed, "On Sunday night, three BSF Jawans [soldiers] saw three persons near the wired fence area. The BSF Jawans told them to halt but they tried to evade and run away. Then only did BSF fire."
Villagers in Hansda's community refute BSF allegations saying that the victim was commonly known by the entire locality, even BSF personnel, as "Pagla (Mad) Rabin". They suspect that some of the Jawans were drunk and they fired at Hansda from point blank range. The victim's wife, Jhumuri Murmu, added that she couldn't believe her husband was involved with the smuggling. She reiterated that a proper investigation must be carried out in order to clear up the matter and enable the seeking of appropriate redress for the incident.
According to the latest information received, the report of the preliminary investigation into the incident, led by Mr. Manowar Ali, the Chief of the Safanagar Village Panchayet, stated that no blood stains existed in the place where the dead body of Hansda was found (near the wired fence area). The report suggested that the firing occurred in a different place and that the victim's body was moved near the wired fence area by the perpetrators after his death. However, further action has yet to be taken against the concerned army personnel.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Rabin Hansda’s arrest and subsequent death in custody, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Hansda’s family;
iii. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of India in your respective country.
Geneva, 2nd February 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Extra-judicial killing / impunity
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 the Asian Human Rights Commission (AHRC), a member of OMCT network, that Rabin Hansda, a 34 year-old mentally ill man, was killed by three members of the Border Security Force (BSF) on 23 January 2005 in Basanti village of Kumarganj, the southern district of Dinajpur, West Bengal, India.
According to the information received, the young man was killed during seven rounds of firing. His body was found near a wired fence area. After the incident, the BSF claimed that Hansda was involved in a cough syrup smuggling ring and was trying to evade the authorities at the time of the incident.
Upon hearing of the incident, members of Hansda's village and family immediately voiced their protests in front of the local Panchayet (village council) Office. They alleged that the BSF personnel intentionally killed the mentally ill young man without cause, and demanded that the police administration start an immediate inquiry and punishment of the concerned BSF personnel.
The authorities responded with a primary investigation into the matter. Mr. Biswanath Chaudhury, Minister-in-Charge of the Department of Jails, Government of West Bengal ordered the district magistrate to submit an inquiry report into the incident and guaranteed that the necessary action would be taken up after receiving the report. Mr. Ramit Mutsuddi, District Magistrate of South Dinajpur stated that the local Circle Inspector of Police and Officer-in-Charge had visited the murder site and that necessary measurements would be taken after receiving the report.
However, the BSF continues to maintain their actions were just and in response to criminal activity. They allege they have seized some prohibited cough syrup as evidence of smuggling from the victim's body. The BSF Commandant Gauranga Pal claimed, "On Sunday night, three BSF Jawans [soldiers] saw three persons near the wired fence area. The BSF Jawans told them to halt but they tried to evade and run away. Then only did BSF fire."
Villagers in Hansda's community refute BSF allegations saying that the victim was commonly known by the entire locality, even BSF personnel, as "Pagla (Mad) Rabin". They suspect that some of the Jawans were drunk and they fired at Hansda from point blank range. The victim's wife, Jhumuri Murmu, added that she couldn't believe her husband was involved with the smuggling. She reiterated that a proper investigation must be carried out in order to clear up the matter and enable the seeking of appropriate redress for the incident.
According to the latest information received, the report of the preliminary investigation into the incident, led by Mr. Manowar Ali, the Chief of the Safanagar Village Panchayet, stated that no blood stains existed in the place where the dead body of Hansda was found (near the wired fence area). The report suggested that the firing occurred in a different place and that the victim's body was moved near the wired fence area by the perpetrators after his death. However, further action has yet to be taken against the concerned army personnel.
Action requested:
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of Rabin Hansda’s arrest and subsequent death in custody, to identify those responsible, to bring them to justice and to apply the civil, penal and/or administrative sanctions provided for by law;
ii. guarantee that adequate compensation is awarded to Mr. Hansda’s family;
iii. ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- Shri. A.P.J. Abdul Kalam, President of India, Rashtrapathi Bhavan, New Delhi –110001, INDIA
Tel: +91 11 23015321,
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in - Justice A. S. Anand, Chairman, National Human Rights Commission, Sardar Patel Bhaven, Sansad Marg, New Delhi 110 001, INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in - Mr. Buddhadeb Bhattacharjee, Chief Minister and Home Minister, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA
Fax: +91 33 2214 5480 - Mr. Shyamal Kumar Dutta, Director General & Inspector General of Police, Government of West Bengal, Writers Buildings, Kolkata-1, West Bengal, INDIA
Fax: +91-33-2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in - Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhavani Bhavan, Alipur, Kolkata-27, West Bengal, INDIA
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in
Please also write to the embassies of India in your respective country.
Geneva, 2nd February 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.