Lack of a proper investigation into alleged attempted killing and ill-treatment on Mr. Setarul Sk by BSF

​Case IND 241110Alleged attempted killing/ Ill-treatment/ Lack of aproper investigation The InternationalSecretariat of the World Organisation Against Torture (OMCT) requestsyourURGENTintervention inthe following situation in India/ West Bengal.
Brief description of the situation
The International Secretariat of OMCT has beeninformed by Banglar ManabadhikarSuraksha Mancha (MASUM),a member of OMCT SOS-Torture Network, aboutthe alleged attempted killing and the severe beatings suffered by Mr. Setarul Sk., about 30 years old fromJayrampur village, in Murshidabad, West Bengal, by Border Security Force (BSF) constables, Nimtita. According to the information received, on 10 September 2010 atabout 7:30 pm,Mr. Setarul Sk., who was heading to meet a relative living in Parsujapur(located on the other side of the Ganga River), was severely beaten by four BSFconstables. Mr. Setarul Sk. was reportedly on a boat crossing the river whenthe BSF constables approached on a speedboat near Arjunpur Jetty, captured himwithout giving a reason and allegedly started to severely beat him, includingwith bamboo sticks. One of the BSF constables also hit him on his right legwith a bayonet causing a serious injury. The BSF constables then reportedlyseized the boat, took Mr. Setarul Sk. along with them and after reaching the Padma River, near the Indo-Bangladesh border, threwhim into the river. According to the same information, Mr. Setarul Sk.managed to reach the bank of the river near Sahapara village, which is locatedin Bangladesh, where he was treated by a doctor, before he returnedhome on 12 September 2010. Due to the injuries sustained, Mr. Setarul Sk. wasadmitted in Mahalpahari Christian Hospital and later received medical treatment atLansdown Nursing Home in Kolkata. However, Mr. Setarul Sk. was unable tocontinue his treatment because of lack of money. It is reported that Mr. Setarul Sk. lodged writtencomplaints against the alleged BSF constables before the Murshidabad DistrictMagistrate and the Murshidabad Superintendent of Police on 18 October 2010. However, to thisdate, there has been reportedly no effective investigation into the allegedfacts. The International Secretariat of OMCT is gravelyconcerned about the alleged aforementioned facts and recalls that the authorities have to fulfil their obligations under internationalhuman rights law to protect the right to life and the right not to be subjectedto torture or other cruel, inhuman or degrading treatment or punishment and tobringing to justice those responsible for violating these rights.OMCT is also deeply concerned by the delays ininitiating an investigation into these allegations and fears that theperpetrators may again enjoy impunity. Accordingly, OMCT calls on the competentauthorities to carry out a prompt, effective, thorough, independent and impartial investigation into theseevents the result of which must be made public, in orderto bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law.
Actions requested

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

1. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Setarul Sk.;
2. Carry out aprompt, effective, thorough, independent and impartial investigation into these events, the result of which must bemade public, in orderto bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law;
3. Ensurethat an effective remedy as well as the right to full redress, includingcompensation and rehabilitation, is granted to the victim concerned;
4. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

• Mr. Shri Manmohan Singh, Prime Minister ofIndia, Prime Minister’s Office, Room number 152, South Block, NewDelhi, 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;
• 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;
• Chairperson, National Human Rights Commission of India,Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email:chairnhrc@nic.in;
• Jusice N. C. Sil, Acting Chairman, West Bengal HumanRights Commission,Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;
• 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;
• Mr. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBDBagh, Kolkata – 1, Fax - +91 33 22145480,Email - cm@wb.gov.in, sechome@wb.gov.in;
• 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

Please also writeto the diplomatic mission or embassy of India in your respectivecountry.*******Geneva, 24 November 2010.Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.