Death of Ms. Khukuli Khatun and fear 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 of 18-year-old student Ms. Khukuli Khatun alias Kakali, resident of Hatkhola, Nadia district, West Bengal.

According to the information received, on 19 November 2008 at about 3:30pm, two Border Security Force (BSF) officers, of the 42nd Battalion, Company F, Mohakhola Border Out Post, started beating 18-year-old Mr. Mintu Halsana, who was reportedly standing in front of the victim’s house. Ms. Kajoli Mondal and Ms. Bilkis Mondal, Kakalis’ sister and mother respectively, reportedly tried to intervene but were also allegedly beaten by the BSF. When Kakali, who was coming back from school, tried to help her mother and sister, she was allegedly shot at point blank in the stomach by one of the BSF, namely Mr. M. Silva Kumar. BSF reportedly impeded anyone present from helping Kakali. Later, when the BSF left the scene, some villagers transported Kakali to Chapra Block Primary Health Centre. From there, she was transferred to Shaktinagar District Hospital where she died at 6:00pm.

According to the same information, Kotwali Police Station (Krishnanagar) registered an unnatural death case (no 613/2008) on 20 November 2008 and a post-mortem examination was later conducted at the District Hospital morgue, in Shaktinagar, Krishnanagar. The victim’s mother also lodged a complaint under section 302 of Indian Penal Code and 25/27 under the Arms act. According to the information, Chapra Police Station initially refused but then eventually registered the case.

It also reported that BSF lodged one complaint at Chapra Police Station against unknown un-ruling mob under Sections 147(Rioting)/148(rioting armed with deadly weapon)/ 326 (voluntary causing grievous hurt by dangerous weapon or means)/ 353(assault or use of criminal force to deter a public servant from discharge of his duty)/ 427 (mischief) of Indian Penal Code.

According to the information received, BSF officer Mr. M. Silva Kumar was suspended for the time being and an investigation is ongoing but there are fears that the investigation will not be thorough, independent and impartial.

The International Secretariat of OMCT is gravely concerned about these events. 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 and “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” (Article 7). OMCT calls on the authorities to order a thorough, independent and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in India urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Minto Halsana, Ms. Kajoli Mondal and Ms. Bilkis Mondal;
2. Order a thorough, independent and impartial investigation into these events, in particular into the death of Ms. Kakali, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to the victim’s family;
4. Ensure respect for human rights and 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
• Shri Shivraj Patil, 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
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Phone +91-33-24797727, 24791629, Fax - 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
• Ambassador Extraordinary and Plenipotentiary Permanent Representative 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
• Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassies of India in your respective country.

Geneva, 2 December 2008

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