Allegations of ill-treatment/ No proper investigation/ Risk of impunity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requestsyour URGENT intervention in the following situation in India/West Bengal.

Briefdescription of the situation

TheInternational Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-TortureNetwork, about two cases of alleged ill-treatment by Border Security Force(BSF) soldiers in West Bengal, namely the cases of Mr Ajibor Gaji, agedabout 26 years old from Amudia Village, in North 24 Parganas district, and Mr Majim Sardar, aged about 46 years oldfrom Char Sahebnagar village, in Murshidabad district.

According to the information received, on 21 July 2012 at about 11:00 pm,Mr Ajibor Gaji, a daily wager earner, was returning home with his cows bycrossing the ground of Amodia Primary School, near Amodia Gate no. 1, when eightBSF soldiers from Amodia BSF Out-Post, Battalion no. 152, detained him. One ofthe BSF soldiers, about 30 years old, started to beat Mr Ajibor Gaji with astick on his face, forehead and ears and then on his back, legs and chest witha riffle but. Other five soldiers also started to beat him with sticks andriffles all over his body. It is reported that a BSF officer from theintelligence unit witnessed the beating from a short distance but did notintervene. Mr Ajibor Gaji was then taken to Amodia Camp in a BSF van. He wasonly released when neighbours came to the camp and paid the aforementioned BSFintelligence officer some money. He was then brought to a local doctor for amedical examination and treatment. Mr Ajibor Gaji reportedly suffered swellingsand bruising on different parts of his body.

Mr Ajibor Gaji lodged on 26 July 2012 a written complaint to the SubDivision Police Office, Basirhat, North 24 Parganas, to denounce theaforementioned events. To date, there has been reportedly no investigationcarried out into the aforementioned events.

According to the same information received, on 23 June 2012 in theevening, Mr Majim Sardar, a farmer, was returning home from Seikhpara whenabout eight BSF soldiers from Kaharpara BSF Out-Post, Battalion no. 92,detained him on the Kaharpara Iron Bridge without giving any reason. The BSFsoldiers allegedly started to kick Mr Majim Sardar until he almost lost hissenses. He was taken to Raninagar Police Station but the on-duty police officerreportedly refused to take him in custody. The BSF soldiers then took him toKaharpara BSF Camp where he was detained for three days without charges andwithout access to a lawyer and his family in violation of the Indian CriminalProcedure Code. He was allegedly deprived of sleep and was not provided medicalcare. On 26 June 2012, Mr Majim Sardar was transferred to Raninagar PoliceStation, where the BSF soldiers lodged a complaint against him for “disobedienceto an order lawfully promulgated by a public servant” (case no. 350/2012 undersection 188 of Indian Penal Code). He was then taken to Godhanpara PrimaryHealth Centre for a medical check up before being presented at Labagh Court. Hereportedly suffered from hematoma and bruising on his chest and back. He waslater released on bail.

Mr Majim Sardar lodged a written complaint on 4 July 2012 before theSuperintendent of Police, Murshidabad against the BSF soldiers. To date, therehas been reportedly no investigation carried out into the aforementionedevents.

The International Secretariat of OMCT expresses itsdeep concern about the safety and physical and psychological integrity of Mr Ajibor Gaji and Mr Majim Sardar. OMCTurges the competent authorities to guarantee their physical and psychologicalintegrity at all times, notably by immediately putting in place adequateprotection measures for them, and by suspending the BSF soldiers believed to beresponsible for the allegations of ill-treatment, pending an investigation.

OMCT recalls that the authorities have to fulfil theirobligations underthe Indian Constitution and under international human rights law toprotect the right not to be subjected to torture or other cruel, inhuman ordegrading treatment or punishment, to consider seriously any allegations ofill-treatment, and to undertake a prompt,effective, thorough, independent andimpartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions. OMCT also recalls that victims must be ensured theright to an effective remedy for the human rights violations suffered as wellas the right to full redress, including compensation and rehabilitation.

OMCThas documented many cases of indiscriminate killings, torture and ill-treatmentcommitted by the BSF over the years in West Bengal, against both Indian andBangladeshi nationals, in an alleged effort to contain illegal cross-borderactivities. Although in some cases complaints were lodged, no effectiveinvestigations have been carried out and no perpetrators were brought tojustice.

Action requested

Please write to the authorities in Indiaurging them to:

1. Guarantee, in all circumstances, the physical and psychologicalintegrity of Mr Ajibor Gaji and Mr Majim Sardar;
2. Immediatelyput in place adequate protection measures for them;
3. Carry out a prompt, effective, thorough, independent and impartialinvestigation into the alleged acts of ill-treatment suffered by Mr Ajibor Gaji and Mr Majim Sardar and theirbrief arbitrary detention, theresult of which must be made public, in order to bring those responsiblebefore a competent, independent and impartial tribunal and apply penal,civil and/or administrative sanctions as provided by law;
4. Ensure that adequate, effective and prompt reparation includingadequate compensation and rehabilitation is granted to Mr Ajibor Gaji and Mr Majim Sardar;
5. Guarantee the respect of human rights and the fundamental freedomsthroughout the country in accordance with national laws and internationalhuman 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 Union Ministerof Home Affairs, Ministry of HomeAffairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;

Ø Chief Justice of 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,Copernicus Marg, 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 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 Permanent Mission ofIndia to the United Nations (Geneva),Rue du Valais9, 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 diplomatic mission or embassyof India in your respective country.

Geneva, 31 August 2012

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