Alleged extra-judicial killings, including of a minor, by Border Security Force

Case IND 281010/ IND 281010.CCURGENT CAMPAIGNS/ CHILD CONCERNAlleged extra-judicial killings, including of a minor/Alleged ill-treatment/ Lack of an effective investigation The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in India/ WestBengal. 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 extrajudicial killings of Mr. JiarulHaque, about 23 years old, from Khamarpara village, in Murshidabad district,and a minor, Mr. Mustakim Seikh,about 15 years old, from Sarandajpur village, in Murshidabad district, byBorder Security Force (BSF) constables. According to the information received, on 1 September2010 at about 10 am, Mr. Jiarul Haque went to a place called Nirmalchar inorder to cut some “Kashbon”, a kind of bush, to repair the dwelling of thefamily house. Mr. Mustakim Seikh was also present at the mentioned place. Atabout 4 pm, two BSF constables from Out-Post no. 10 arrived at the spot andallegedly forcibly picked up Mr. Jiarul Haque and Mr. Mustakim Seikh withoutany motives and brought them to the nearby BSF Mini Camp[1]. Bothwere reportedly severely assaulted and then tied up. According to the same information, after beinginformed of the events, Mr. Jiarul Haque’s and Mr. Mustakim Seikh’s families,along with some villagers, tried to see the victims at the aforementioned BSFcamp but they were not granted access to them. The next morning, on 2 September2010, both families reportedly heard from local people that the BSF constableshad killed Mr. Jiarul Haque and Mr. Mustakim Seikh and had thrown their bodiesinto the river Padma during the night. The bodies of Mr. Jiarul Haque and Mr. Mustakim Seikhwere recovered from the river, on 3 September 2010, and brought to LalbaghSub-Divisional Hospital, in Lalbagh, for a Post Mortem Examination (PME). Theresults of the PME have not yet been published but the Body DisposalCertificates[2]of both victims reportedly indicate that the bodies bore gunshot wounds. According to the same information, the Ranitalapolice, whose jurisdiction covers the place where the bodies were recovered,only registered an unnatural death case regarding the death of Mr. Jiarul Haqueand Mr. Mustakim Seikh after their respective families lodged a writtencomplaint before the Superintendent of Police, Murshidabad district. However, to this date,there has been reportedly no effective investigation into the alleged facts. OMCT is gravely concernedabout the circumstances surrounding the death of Mr. Jiarul Haque and the minor Mr. Mustakim Seikh by members of the BSF and recalls that the authorities have to fulfil theirobligations under international human rights law to protect the right to lifeand the right not to be subjected to torture or othercruel, inhuman or degrading treatment or punishment and to bringing tojustice those responsible for violating these rights. This case is yet anotherexample of the BSF’s blatant disregard for human rights and again demonstratesthe importance to conduct proper investigations into such abuses. Accordingly, OMCT urges the competent authority to order a prompt, effective, thorough, independent and impartial judicialinquiry into the aforementioned events, in accordance also withinternational human rights standards, such as the UN Principle on the EffectivePrevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law. Action requested Pleasewrite to the authorities in India/ West Bengal urging them to:

1. Carry outa prompt, effective, thorough, independent and impartial investigationinto the circumstances surrounding the deaths of Mr. Jiarul Haque and Mr. Mustakim Seikh, the result ofwhich must be made public, in ordertobring those responsible before a competent, independent and impartial tribunaland apply penal, civil and/or administrative sanctions as provided by law;
2. Ensure that an effectiveremedy as well as the right to full redress, including compensation, is grantedto the victims’ families concerned;
3. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

• Mr. Shri ManmohanSingh, Prime Minister of India, Prime Minister’s Office, Roomnumber 152, South Block, New Delhi, 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 BuddhadebBhattacharjee, Chief Minister,Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email - cm@wb.gov.in, sechome@wb.gov.in;
• PermanentMission of India to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva, Tel: +4122 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 respective country.*******Geneva, 28 October 2010. Kindly inform us of any actionundertaken quoting the code of this appeal in your reply.
[1] A BSF minicamp is a temporary shelter for the BSF. [2] A Body Disposal Certificate isissued by the hospital after the PME was conducted.