Allegedextra-judicial killing/ Allegation of torture and ill-treatment/ Lack of effectiveinvestigation

The InternationalSecretariat of the World Organisation Against Torture (OMCT) requestsyourURGENT intervention inthe following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has beeninformed by BanglarManabadhikar Suraksha Mancha(MASUM), a member of OMCT SOS-Torture Network, about the alleged extra-judicialkilling of Mr. Khalil Sk, anAyurvedic practioner aged about 32 years old and residing in the village of Godhanpara Sameshpara, in the district of Murshidabad.

According to the information received, in the eveningof 8 October 2011, Messrs.Khalil Sk, his brother, Mr. Mikchar Sk, and his brother-in-law, Mr. MustafaSiraj, were on their way home after having visited an ailing relative living inthe district of Rajsahi, in Bangladesh. At the borderwith India, they had towait until 11 pm before beingable to cross it. When they eventually came near to the Border Security Force(BSF) out-post nos. 1 & 2 under Char Mourasi BSF Camp, about five soldiers reportedlystarted chasing them, without giving any reason. Messrs. Mikchar Sk. andMustafa Siraj managed to escape, but Mr. Khalil Sk got caught by the BSFsoldiers.

According to the sameinformation, Mr. Khalil Sk’s dead body was found by local people between theBSF out post nos. 1 & 2., on the following day, 9 October 2011. Mr. Khalil Sk's wife, who had received the noticeof his arrest earlier in the morning, was on her way to the BSF out post whenshe learned about her husband’s death. Mr. Khalil Sk’s body was taken to the hospital,where he was declared dead. The body was later transferred to Raninagar PoliceStation, where the police registered an unnatural death case no. 20/2011, beforebeing taken, on the next day, to Lalbagh Sub-Divisional Hospital for a postmortem examination.

According to eye witnesses,including Mr. Khalil Sk’s wife, Mr. Khalil Sk’s body bore signs of multipleinjuries consistent with torture. His skull was allegedly broken at severalplaces, his left eye was badly injured, two fingers of his left arm werecompletely smashed and numerous marks of beating were visible all over hisbody.

On 17 October 2011, Mr. Khalil Sk’s wife lodgeda complaint with the Raninagar Police Station for alleged homicide against theBSF soldiers of BSF Out-Post nos 1 & 2 under Char Mourasi BSF Camp. The complaintwas received but not registered by the duty officer of the police station, Mr.Sirajul Salehin. After Mr. Khalil Sk's wife waited for about four hours at thepolice station, she was reportedly taken by Masum’s district human rights monitorto the office of the District Superintendent of Police at Baharampur, where thecomplaint was eventually received, but no reference number was provided. Todate, no effectiveinvestigation has reportedly been initiated into the circumstances of the deathof Mr. Khalil Sk.

The International Secretariatof OMCT is gravely concerned about the aforementioned allegations and thereforecalls on the competentauthorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, inaccordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, 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.

OMCT recalls that theauthorities have to fulfil their obligations under the Indian Constitution[1]and under international human rights law to protect the right to life and the right not to besubjected to torture or other cruel, inhuman or degrading treatment orpunishment and to bringing to justice those responsible for violating thisright.

OMCT has indeed documented manycases of indiscriminate killings and torture committed by the BSF over theyears in West Bengal,against both Indian and Bangladeshi nationals, in an alleged effort to containillegal cross-border activities. Although in some cases complaints werelodged, no effective investigations have been carried out and no perpetratorswere brought to justice.

Action requested

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

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Khalil Sk's family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation intothe aforementioned events, in accordance with international human rights standards, 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;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation, is granted to Mr. Khalil Sk'sfamily;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human 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 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;

Ø 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;

Ø Justice K. G. Balakrishnan, Chairperson,National Human Rights Commission of India, Faridkot House, CopernicusMarg, 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 Jusice N. C. Sil,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: +9133-2200 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 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

Pleasealso write to the diplomatic mission or embassy of India in your respectivecountry.

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Geneva, 20 October 2011

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

[1] Article 21 of the Indian Constitution states that “No person shall be deprived ofhis life or personal liberty except according to procedure established by law”.