Death of Mr. Sajahan Gazi in BSF custody

Death in BSF custody/ Allegations of torture and other forms of ill-treatment/ Risk of impunity

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 death under unclear circumstances of Mr. Sajahan Gazi, aged about 18 years old, from Banglani village, District-North 24 Parganas, in West Bengal, while in the Border Security Force (BSF) custody, in November 2009.

According to the information received, on 10 November 2009, at about 2.30 pm, Mr. Sajahan Gazi left his home, informing his family that he was going to work. On 11 November 2009, at dawn, some BSF officers of the 126 Battalion reportedly apprehended him because of his alleged involvement in smuggling cattle. According to the complaint submitted later by Mr. Sajahan Gazi’s father with Swarupnagar police station, Mr. Sajahan Gazi was dragged inside Dobila camp at about 7.00 am, on 11 November, and was allegedly severely beaten with wooden rollers and rifle butts by some BSF officers. Mr. Sajahan Gazi’s father reportedly received the information from local villagers who had witnessed the events. Mr. Sajahan Gazi was then allegedly left at Dobila “0” point[1] badly injured.

On the same day, at about 11am, Mr. Sajahan Gazi reportedly managed to reach Banglani, which is located near Dobila “0” point and where he was assisted by villagers. While the villagers tried to find a vehicle to bring Mr. Sajahan Gazi to a nearby hospital, some BSF officers arrived and reportedly said that they would take him to the hospital. When they arrived at Basirhat SD Hospital, which is situated about two hours by car from Dobila, Mr. Sajahan Gazi was declared dead. His family was only informed later about his death as it was not aware of his whereabouts.

According to the same information, Swarupnagar police station opened a case vide number 304/ 09 under section 302 (murder) of the Indian Penal Code and a post mortem examination was subsequently conducted on 11 November 2009. While the post mortem examination report has not yet been published, according to the information received the body of Mr. Sajahan Gazi bore signs of injuries and hematomas on the hips, arms and back. OMCT is gravely concerned that the investigation is not being properly conducted, all the more since Swarupnagar police station reportedly informed MASUM that they could not investigate the facts as no names of BSF officers were indicated in the complaint filed by Mr. Sajahan Gazi’s father.

The International Secretariat of OMCT is seriously concerned about the death of Mr. Sajahan Gazi in BSF custody, the allegations of torture and other ill-treatment inflicted by BSF officers, and the reported delay in providing medical assistance. This case is yet another example of the BSF’s blatant disregard for human rights and again demonstrates the importance to conduct effective, thorough, independent and impartial investigations into such abuses. 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” and “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment as stipulated in articles 6 1) and 7) respectively of the International Covenant on Civil and Political Rights.

In light of this, OMCT calls on the competent Indian authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the death of Mr. Sajahan Gazi 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 death of Mr. Sajahan Gazi, including the allegations of torture and other ill-treatment, 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

• Mr. 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. Raman Srivastava, 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 diplomatic mission or embassy of India in your respective country.

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Geneva, 30 November 2009

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

[1] « 0 » point is a boundary point between Indian and Bangladesh. It’s located nearby the Dobila BSF camp.