Alleged extra-judicial killings

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 extrajudicialkillings of three minors, Sukumar Mondal aged around 15, SunilMondal aged 16, Raju Mondal aged about 17 and one adult, BabarSeikh aged about 19, near the village of Ranitala, in the district of Murshidabad.

According to the informationreceived, at around midnight on 31 December 2011, Sukumar Mondal, Sunil Mondal, Raju Mondaland Babar Seikhwerekilledin front of Harudanga Mini Border Security Force (BSF) BOP Camp, near the Golpalrivulet situated at Nirmal Char by a group of about 30 members of the BSF, attachedto the 105 Battalion, Harudanga BSF mini camp. Sukumar Mondal, Sunil Mondal, RajuMondal and Babar Seikhwere reportedly trying to smuggle cows when theBSF stopped them by firing from flare guns. The BSF then allegedly surroundedthe four individuals, who were hiding in the ice cold rivulet, and started tobeat them with sticks while preventing them to get out of the water.

On the following days, on 1 January 2012 and 2 January 2012, local villagers found the bodies of SukumarMondal, Sunil Mondal, Raju Mondal and Babar Seikh. They were then transferredto Lalbagh Sub Divisional Hospital for a post mortem examination. Accordingto testimonies provided by villagers, the bodies had marks all over, in particularthe body of Sukumar Mondal.

According to the same information, family members ofthe deceased made written complaints on 27 January 2012 to the Superintendent of Police of the Murshidabaddistrict, after they were prevented to lodge a complaint at the police stationagainst the BSF. It is reported that the Ranitala Police initiated fourunnatural death cases (Case No. 1 and 2 for Sunil Mondal and Sukumar Mondal,dated 2 January 2012; and Case No. 3 and 4 for Babar Seikh and RajuMondal, dated 3 January 2012). However, to date, no information on the status ofthe investigation has been reportedly disclosed.

OMCT has also been informed that, on 25 March 2012, familymembers of Sukumar Mondal, Sunil Mondal, Raju Mondal and Babar Seikh, alongwith other individuals, were stopped by four members of the BSF, attached tothe Kaharpara BSF BOP, Company Head Quarter’s Out Post No. 1, when they werecoming back in a rickshaw from a medical camp organised in Padma by MASUM. Thefour BSF members allegedly started to beat and verbally abuse them. They alsothreatened them in relation to the complaints saying that ‘you are makingcampaigns against BSF’.

The International Secretariat of OMCT is gravelyconcerned about the circumstances of the killing of Sukumar Mondal, Sunil Mondal,Raju Mondal and Babar Seikhand 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 UNPrinciple on the Effective Prevention and Investigation of Extra-legal,Arbitrary and Summary Executions, the result of which must be made public, inorder to bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw.

OMCTrecalls that the authorities have to fulfil their obligations under the Indian Constitution and under international human rightslaw to protect the right to lifeand the right not to be subjected to torture or other cruel, inhuman or degradingtreatment or punishment and to bringing to justice those responsible forviolating this right.

OMCT has indeeddocumented many cases of indiscriminate killings and torture committed by theBSF over the years in West Bengal, against both Indian and Bangladeshinationals, in an alleged effort to contain illegal cross-border activities. Although in somecases complaints were lodged, no effective investigations have been carried outand no perpetrators were brought to justice.

Action requested

Please write to theauthorities in India urging them to:

1. Guarantee,in all circumstances, the physical and psychological integrity of the families of Sukumar Mondal, Sunil Mondal, Raju Mondal andBabar Seikh;
2. Put an endto any act of harassment against the victims’ families;
3. Carry out aprompt, effective, thorough, independent and impartial investigation intothe circumstances of the killing of Sukumar Mondal, Sunil Mondal, Raju Mondal and BabarSeikh, and the threats andbeatings against the members of their families, the result of which mustbe made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;
4. Ensure thatadequate, effective and prompt reparation is granted to the victims’families;
5. Guaranteethe respect of human rights and the fundamental freedoms throughout thecountry in accordance with national laws and international human rightsstandards

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:+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 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, 3 April 2012

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