Alleged torture and ill-treatment/ Death threats/ Acts of intimidationand harassment/ No proper investigation/ Risk of impunity

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

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-TortureNetwork, about the death threats, acts of intimidation and harassment againstMr. Krishna Mondal, a victimof torture and ill-treatment, and hisfamily by Border Security Force (BSF) personnel. OMCT is gravelyconcerned about his safety and physical and psychological integrity.

According to theinformation received, on 1 January 2012 around 7 am Mr. Krishna Mondal wasworking on his farmland when four BSF soldiers from BSF Out-Post No. 9,Harudanga BSF Camp, came to him. They detained Mr. Krishna Mondal and tied hishands on his back, without providing him with an explanation for his arrest.With the butts of their rifles the BSF soldiers assaulted the victim, whichmade him fall on the ground. They continued to attack Mr. Mondal by kicking himwith blood-clad feet, and removed his clothes after which they beat him with aslip of bamboo that was embedded with nails. The whole time the soldiers verballyabused Mr. Mondal. When the BSF soldiers left, Mr. Mondal was almostunconscious and suffered from severe injuries, while bleeding from numerouswounds all over his body. The witnesses, which included Mr. Mondal’s three brothersand his neighbour, were able to carry him away and ensured a direct medicaltreatment by a local doctor. The BSF soldiers reportedly came back later on thesame day and threatened to kill Mr. Krishna Mondal if he would try to lodge acomplaint at the local police station.

Nevertheless thevictim’s wife, Mrs. Anita Mondal, sent a written complaint to theSuperintendent of Police, Murshidabad, in which she explained the events andrequested that appropriate legal action be taken against the perpetrators. On 1June 2012, an application was submitted on behalf of Mr. Krishna Mondal beforethe Additional Chief Judicial Magistrate of Lalbagh, Murshidabad requesting aninvestigation into the aforementioned allegations, since no properinvestigation had been conducted after the written complaint.

According to thesame information received, on 30 June 2012, a homeguard (a governmentalemployee assisting the police) from the Raninagar Police Station went to Mr. KrishnaMondal’s house. He had a notice with him which was just a piece of paperindicating the name of Mr. Krishna Mondal and two witnesses: Mr. Bijoy Mondaland one of the local doctors who had treated Mr. Mondal, Mr. Siraj Islam. Thenotice did not indicate any other information or details such as the investigatingofficer or dates and places. The homeguard only told Mr. Mondal and the twowitnesses to visit the Raninagar police station on 1 July 2012 at 10 am. Out offear for the intentions of the police, the victim and one of the witnesses, Mr.Bijoy Mondal, did not show up. The doctor however did go to the police stationat the said time and place. He was allegedly threatened with dire consequencesfollowing which he denied having examined Mr. Krishna Mondal.

The nextmorning, on 2 July 2012, the homeguard reportedly went back to Mr. Mondal’shouse and told him that he had to go to Raninagar police station or otherwiseface the consequences. A few hours later, around 12 am, some members of the IntelligenceBranch of the Harudanga BSF Camp went to Mr. Mondal’s house and allegedly intimidatedhim, in order to induce him to settle with the BSF. They gave him three days towithdraw his complaint, and referred an ‘impediment misfortune’ that wouldawait him and the witnesses if he wouldn’t withdraw the case.

On 3 July 2012,the Officer in Charge of Raninagar Police Station reportedly called to Mr.Islam’s mobile phone in order to talk to Mr. Mondal. He intimidated the victimby saying that Mr. Mondal seems to think of himself as a Mastan (aperson with informal influence) as he did not visit the police station, that he,the Officer, will fabricate false evidence against Mr. Mondal and thus that Mr.Mondal will be brought to the police station by the police.

According to thesame information, on 7 July 2012, four uniformed BSF personnel and anotherindividual in plain clothes went back to Mr. Krishna Mondal’s house. Theyinformed him that they were from Harudanga BSF camp. They reportedly asked Mr.Mondal and the family present in the house why they did not come to BSF camp asthey were asked. The BSF personnel then told Mr. Mondal, his wife, hissister-in-law, his two brothers and Mr. Bijoy Mondal to follow them to the BSFcamp for investigation. When they refused to go to the BSF camp, the BSFpersonnel allegedly forced them by intimidating them. Once they arrived at thecamp, Mr. Mondal and his relatives were put into a cell. They were thenproduced one by one before a BSF officer who asked them a set of questions,notably who prompted them to file a complaint against the BSF. They were thenall made to sign a document although they could not read it and they were notprovided any copy. They had to stay in the camp for about three hours.

On 8 July 2012, twoindividuals who identified themselves from the BSF Intelligence Branch RoshanbaghHead Quarter accompanied with four uniformed BSF personnel reportedly went to Mr.Tojammel Haq’s house, a local doctor who had also examined Mr. Krishna Mondalafter he was tortured, and asked about his whereabouts. As he was not home thatday, two BSF officers from Roshanbagh district went back to his house on 10July 2012. They reportedly wanted to have the medical details of Mr. Mondal.

The International Secretariat of OMCTexpresses its deep concern about the safety and physical and psychologicalintegrity of Mr. KrishnaMondal, his family and the witnesses to his case. OMCT urges the competent authorities to guarantee their physical andpsychological integrity at all times, notably by immediately putting in placeadequate protection measures for them, and by suspending the BSF soldiersbelieved to be responsible for the allegations of torture and ill-treatment,pending an investigation.

OMCTrecalls that the authorities have to fulfil their obligations underthe Indian Constitution and underinternational human rights law to protect theright not to be subjected to torture or other cruel, inhuman or degradingtreatment or punishment, to consider seriously any allegations of torture andill-treatment, and to undertake a prompt,effective, thorough, independent andimpartial investigation in thisregard, in order to identify all those responsible, bring them to trial andapply adequate sanctions.

OMCT also recallsthat victims of torture and ill-treatment must be ensured the right to aneffective remedy for the human rights violations suffered as well as the rightto full redress, including compensation and rehabilitation. At the time of issuing this urgent appeal, neither thepolice nor others within the district or state administration have reportedlyundertaken any kind of action into the torture and ill-treatment allegations.Mr. Mondal remains in a poor physical condition.

Actionrequested

Please write to the authorities in India urging them to:

1. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Krishna Mondal, his family and the witnesses to the cases;
2. Immediately put inplace adequate protection measures for them;
3. Put an endto any act of harassment against the victim, his family and the witnesses;
4. Guaranteethat Mr. Mondal receives the adequate medical care that he requires;
5. Carry out aprompt, effective, thorough, independent and impartial investigation intothe alleged acts of torture and ill-treatment suffered by Mr. Mondal, thedeath threats and acts of harassment and intimidation, the result of whichmust be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;
6. Ensure thatadequate, effective and prompt reparation including adequate compensationand rehabilitation is granted to Mr. Krishna Mondal;
7. 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 UnionMinister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, NewDelhi 110 001 India, Fax: +91 11 23092979;

Ø ChiefJustice of India, SupremeCourt, 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 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 PermanentMission of India to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva, Tel: +4122 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 respective country.

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Geneva, 19 July 2012

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