Allegations of torture and ill-treatment/ Arbitrary detention/ Falsecharges/ 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, arbitrary detention andfalse charges by Border Security Force (BSF) soldiers and police in WestBengal, namely the cases of Mr. Prosenjit Mondal, a 20 years-oldlabourer living in Harudanga Village, in Murshidabad district, and Mr. Omar Ali Gazi, a 46 years-old cardriver from Merudondi Village, in North 24 Pargonas district.

According to the information received, on 27 September 2012 at about9:00 pm, around seven Border Security Force (BSF) soldiers from Harudanga BSFOut-Post no. 3, apprehended Mr. Prosenjit Mondal when he was at MaujaMajhardiar West patrolling the pea-legume cultivation of his brother-in-law.The BSF soldiers, armed with wooden sticks and rifles, chased, beat and kickedhim with their boot-clad. They subsequently brought Mr. Prosenjit Mondal toHarudanga Mini Camp, tied his hands and legs with rope and kept him underarrest for the night. While detained he was allegedly not given any medical aidfor the injuries sustained, neither was he provided with drinking water. Thevery next day, on 28 September 2012, Mr. Prosenjit Mondal was brought to CodhanPara Health Centre where he was given a nominal check-up and no medicine atall. Right after that he was moved to Raninagar Police Station and charged underthe Narcotic Drugs and Psychotropic Substances Act. The BSF reportedly claimedto have seized 30 bottles of Phensydil from Mr. Prosenjit Mondal, accusationsthat this latter denied. On 18 October 2012 Mr. Prosenjit Mondal was releasedafter his family allegedly paid a bribe amounting to Rs. 5,000. During the detentionperiod at the Correctional Home, he was not given any medical support.

On 18 December 2012, Mr. Prosenjit Mondal lodged a written complaint tothe Superintendent of the Police in Murshidabad district, to denounce theaforementioned events. To date, there has been reportedly no investigationcarried out into the aforementioned events.

According to the same information received, on 18 September 2012 atabout 9:45 pm, two policemen in plainclothes detained Mr. Omar Ali Gazi whilehe was standing in front of the Natun Bazar near Basirhat Board Ghat. The twopolicemen, personnel of Basirhat Police Station, took him to Basirhat PoliceStation where he was illegally detained without further explanation of themotives. Mr. Omar Ali Gazi’s family was not informed about the detention atthat time and there is no memo of arrest available. The same day of detention ataround 12:00 pm he was forced to give 8 to 10 finger impressions on some blankpapers and written documents. The Duty Officer of the police station togetherwith one of the aforementioned policemen allegedly hit several times Mr. OmarAli Gazi at his face with their hands making his mouth bleed. After thisincident Mr. Omar Ali Gazi was having serious pain when eating food for a week.On 19 September 2012, Mr. Omar Ali Gazi was brought to Basirhat Hospital wherehe was given a nominal check-up and no treatment for the pain on his face. Hewas later presented before the Additional Chief Judicial Magistrate’s Court chargedunder the Narcotic Drugs and Psychotropic Substances Act. Right after that hewas moved to Dumdum Central Jail until 18 December 2012 when he was released onbail.

On 24 December 2012, Mr. Omar Ali Gazi lodged a written complaint to theSub Divisional Police Officer (SDPO) of Basirhat Sub Division to denounce theaforementioned events and appealed for redress. To date, there has beenreportedly no investigation carried out into the aforementioned events.

The International Secretariat of OMCT expresses itsconcern about the safety and physical and psychological integrity of Mr. Prosenjit Mondal and Mr. Omar Ali Gazi. OMCT urges the competent authorities to guarantee their physical andpsychological integrity at all times, notably by immediately putting in placeadequate protection measures for them, and by suspending the BSF soldiers andthe police personnel believed to be responsible for the allegations ofill-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 and the right to liberty and security, toconsider seriously any allegations of ill-treatment and arbitrary arrest, andto 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 arbitrary arrest, false charges and torture and illtreatment committed by the BSF and the Police over the years in West Bengal. Althoughin some cases complaints were lodged, no effective investigations have beencarried out and no perpetrators were brought to justice.

Action requested

Please write to the authorities in Indiaurging them to:

1. Guarantee, in all circumstances, the physical and psychologicalintegrity of Mr. Prosenjit Mondal and Mr. Omar Ali Gazi;
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, arbitrary detentionand false charges suffered by Mr.Prosenjit Mondal and Mr. Omar Ali Gazi, the result of which must be made public, in order to bring thoseresponsible before a competent, independent and impartial tribunal andapply 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. Prosenjit Mondal and Mr. Omar Ali Gazi;
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 National Human RightsCommission of India, Faridkot House, CopernicusMarg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;

Ø Acting Chairman, West Bengal Human RightsCommission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;

Ø 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.

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

Geneva, 16 January 2013