Reprisals against family members, including two boys, after a complaint was lodged against the Border Security Force officers for having assaulted one boy in October 2008

Reprisals against family members, including two boys, after a complaint was lodged against the Border Security Force officers for having assaulted one boy/ Impunity of the perpetrators

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation in India.

New information

The International Secretariat of OMCT has been informed by MASUM, a member of OMCT SOS-Torture Network, of the repeated assaults committed by Border Security Force (BSF) officers against several members of the Bala family, living in the village of Angrail Biswaspara, in West Bengal. The latest two incidents are clear reprisals against the Bala family for lodging complaints against BSF officers for the assault of Master Sujit Bala on 19 October 2009.

According to the information received, on 15 January 2009 around 1:30 p.m., Master Avishek Bala, aged 15 years old, brother of Master Sujit Bala (assaulted in October, Case IND 070109.CC) and son of Mrs Jharna Bala, As well as Master Sanjit Bala, aged 18 years old, nephew of Mrs Jharna Bala, were reportedly assaulted by BSF officers. They were first severely beaten with bamboo sticks in front of Mrs Jharna Bala; then they were brought to and kept for two hours in Angrail BSF camp where they were forced to sign on blank papers before being released. The two victims were quite rapidly released probably due to MASUM’s intervention with Mr Vikash Chandra, Additional District Inspector General, South Bengal Frontier, BSF, who assured to look after the matter.

Both Master Avishek Bala and Master Sanjit Bala were treated at the Sub-Divisional Hospital of Bongaon. The x-ray examination report of Master Avishek Bala revealed fracture of the phalanx of the left index finger. The physical condition of Master Sanjit Bala deteriorated and he had to enter J.R. Dhar (Sub-Divisional) Hospital of Bongaon on 21 January 2009 where he remained under treatment till 25 January.

According to the same source, two weeks later, on 1 February 2009 around 9 a.m. Mrs Jharna Bala and her son Master Pradip Bala, aged 19 years old, were also reportedly subjected to physical assault by BSF officers in the backyard of their house. Master Pradip Bala was insulted and beaten with a wooden stick by Mr Bharat Majhi, known for accomplishing ferrying for the BSF in the area. While Master Pradip Bala protested, some villagers intervened, rescued him and brought him to a nearby house to protect him. At the same time, Mr. Bharat Majhi allegedly left the place threatening the victim with dire consequences. Soon after Mr. Bharat Majhi reached the house of the Bala family along with BSF officers and they started severely beating Mrs Jharna Bala. One of the BSF officers, Mr. Ashok Sindhe, Constable of BSF as identified by Mrs Jharna Bala, reportedly pounced on her and beat her brutally on her nose and face. The perpetrators then left the place threatening to kill Mrs Bala’s sons if the complaints she had lodged against the BSF in October 2008 after her son Master Sujit Bala had been assaulted, were not withdrawn. Mrs Jharna Bala was admitted to the Sub-Divisional Hospital, Bongaon, on 1 February 2009 and left the day after.

In addition, according to information received from MASUM, on 2 February 2009, Mr. Bipul Biswas, brother of Mrs Jharna Bala and father of Master Sanjit Bala, lodged a complaint to Gaighata Police Station about the incidents that occurred the day before. Instead of registering a formal criminal complaint, the officer in charge simply recorded the complaint in the General Diary of the police station under the following reference: General Diary Entry no. 87/2009 dated 2.2.2009. Moreover, on 3 February 2009 Master Pradip Bala lodged a written complaint on behalf of his mother Mrs Jharna Bala before the Sub-Divisional Officer, Bongaon.

The International Secretariat of OMCT is gravely concerned about this incident that adds to a series of similar cases of assaults and extra-judicial killings of civilians, including children, committed by the BSF in West Bengal. In most cases, the impunity of the perpetrators prevails.

Reminder of the situation

The International Secretariat of OMCT was informed by MASUM of the assault of Master Sujit Bala by BSF officers on 19 October 2008 in front of his house in the village of Angrail Biswaspara, West Bengal, and, of the continuous threat against him and his family. Master Sujit Bala was 16 years old when the facts occurred.

According to the information received, on 19 October 2008 at about 5:45 p.m., five BFS officers, including identified Assistant Commandant Bhagat Singh Rana from Angrail BSF Camp, came to Master Sujit Bala’s house, forcibly took him out and started beating him. The victim was severely kicked and punched, including with rifle butts, all over his body. The beatings only stopped when the boy fell unconscious. At that time, the BSF officers left him bleeding, in front of his house.

Then, according to the same information, some villagers, including the victim’s brother, took Master Sujit Bala to Jiban Deep Nursing Home from where he was rapidly transferred to Sub-divisional hospital of Bongaon where he received stitches for injuries on his head and on his left hand. He remained hospitalized until 23 October.

MASUM also reported that the victim’s mother, Ms. Jharna Bala, lodged a first complaint at Gaighata police station on 19 October 2008 against the BSF officers considered responsible. According to the information received, this was not registered as a formal criminal complaint but simply recorded in the General Diary of the police station (entry n° 943/2008 dated 19.10.2008). Furthermore, on October 20, Ms. Bala lodged further written complaints before the highest representatives of the police administration in the district (i.e. Superintendent of police, Sub-Divisional Officer and Sub-Divisional Police Officer). No action was taken until Ms. Bala received a letter dated 30 December 2008 where the Sub-Divisional Officer informed her that Gaighata police station had started a case n°431 under sections 341, 325, 34 and 506 of the Indian Penal Code and was proceeding to an investigation.

In addition to alleged procedural irregularities, there are suspicions that the police voluntarily lowered the level of gravity of the acts and consequently charged the BSF officers with bailable offences. Until now, no action has been taken against the perpetrators.

Moreover, since she lodged complaints, Ms. Jharna Bala and her sons have been frequently threatened. For example, on 25 October 2008 around 9 a.m., several BSF officers came into her house and tried to forcibly take her elder son away. Thanks to strong resistance by the local residents, they failed. When the officers left the place, they threatened the Bala family, including with death, because of the complaints they had lodged.

Finally, 15-20 days prior to the assault on Master Sujit, some BSF officers entered Balas’ house while they were chasing smugglers close to that place, and asked the victim’s brothers whether they had seen the smugglers. Being unable to answer, the victim’s brothers were slapped on their face by the BSF officers and, when their mother protested, the officers threatened the family with serious consequences in the near future. One may deduce from this incident that Master Sujit Bala’s assault was premeditated.

Action requested

Please write to the authorities of India urging them to:

1. effectively guarantee, in all circumstances, the physical and psychological integrity of the Bala family and particularly of those assaulted by BSF officers, namely Master Sujit Bala (16 years old), Master Avishek Bala (15 years old), Master Sanjit Bala (18 years old), Master Pradip Bala (19 years old) and Mrs. Jharna Bala;
2. call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these incidents, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. ensure that adequate compensation is provided to the victims and their family;
4. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, guarantee the safety and the physical and psychological integrity of all children throughout the country and adopt immediate measures to put an end to grave violence against children and youths.

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email: supremecourt@nic.in
• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36 Janpath, New Delhi - 110 001, Email: cp.ncpcr@nic.in ; ms.ncpcr@nic.in , Website: www.ncpcr.gov.in
• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9 (6ème étage), 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
• Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassy of India in your respective country.

Geneva, 12 February 2009

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