Alleged unlawful killing of Mr. Shibajit Mondal_No proper investigation launched into the killing

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India.

Brief description of the situation

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the alleged unlawful killing, by Border Security Force (BSF), of Mr. Shibajit Mondal, aged about 28 years old from Char Rajanagar village, Murshidabad District, West Bengal, in March 2009, and the delays in initiating a proper investigation into this event.

According to the information received, on 14 March 2009, around midnight, Mr. Shibajit Mondal, along with other individuals, was allegedly smuggling cattle through Dadur Ghat in Rajanagar, when four members of the 90 Battalion BSF (Rajanagar BSF Camp) arrived and, reportedly without giving any warning, started shooting at them. According to the same information, Mr. Mondal was not carrying a weapon nor posing a threat to the life or safety of the BSF members. Mr. Shibajit Mondal was reportedly injured after being shot at the abdomen. His companions took him first to Raninagar police station before bringing him to Behrampore New General Hospital. He was later transferred to Nil Ratan Sarkar Medical College and Hospital in Kolkata (under Entally police station jurisdiction) where he died, on 30 March 2009, from his injuries.

According to the same information, the Entally police station immediately opened an unnatural death case (AS no. 7060, dated 30/03/2009) and, on 2 April 2009, a post mortem examination was conducted at the morgue of the hospital. A report was also established by the Raninagar police station, at the request of Entally police, which reportedly mentioned that Mr. Shibajit Mondal had been shot at by BSF during an encounter and that no case had been registered on this event.

Mr. Shibajit Mondal’s family reportedly tried, on several occasions, to file a written complaint against the alleged BSF perpetrators under section 302 of Indian Criminal Code (murder) at Raningar police station but, to no avail. Only, on 15 May 2009, did the police accept the complaint, although they did not record it (which is a precondition to start an investigation into the complaint). Furthermore, until this date, no proper investigation was reportedly launched into the unnatural death case that was opened in March by the Entally police station.

The International Secretariat of OMCT is gravely concerned that the killing of Mr. Shibajit Mondal was unlawful. OMCT recalls that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life” as stipulated in article 6 1) of the International Covenant on Civil and Political Rights. OMCT is further concerned by the delays in initiating a proper investigation into this killing and fears that the perpetrators may enjoy impunity. Indeed, OMCT has already reported cases in which local police having jurisdiction along the Indo-Bangladesh border have consistently avoided taking any action against the BSF whenever a crime is reported against a BSF officer at the police station[1].

OMCT therefore calls on the competent Indian authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Shibajit Mondal in accordance with international human rights standards, such as the UN Principle on the Effective Prevention 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 and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in India urging them to:

1. Carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Shibajit Mondal, 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;
2. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victim’s family;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 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;
• Justice K. G. Balkrishnan, Chief Justice of 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 Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in ;
• Mr. Gopalkrishna Gandhi, 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. M. L. Kumawat, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• Mr. Sri Buddhadeb Bhattacharjee, 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
• Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 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 embassies of India in your respective country.

Geneva, 23 October 2009.

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

[1] See OMCT Press Release « No more words : Justice is long overdue for victims of human rights violations », diffused on 26 June 2009.