Ill-treatment and death threats case_Lack of an effective investigation

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

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 ill-treatment and death threats that Mr. Birendra Nath Mondal, a 56-year-old farmer from Char Rajanar village in Murshidabad district, West Bengal, was subjected to by Border Security Force (BSF). OMCT is particularly concerned about the delays in initiating an effective investigation into these allegations.

According to the information received, on 1 March 2010 at around 12am, Mr. Birendra Nath Mondal was contacted by a Border Security Force (BSF) officer who asked him to go to Char Moirashi BSF camp to discuss “problems related to Indo-Bangladesh border”. The BSF officer also reportedly informed him that other members and head of the Panchayat were present in the camp. When Mr. Birendra Nath Mondal reached the said camp, nobody from the Panchayat was present. One Company Commander asked Mr. Birendra Nath Mondal to show his identity card, which he did. The Commander then reportedly asked him if he wanted to become a leader following which he was pulled into a vehicle and severely beaten. His gamchha (indigenous towel) was tied around his mouth and he was repeatedly beaten. He was then taken to Mohanganj BSF camp and later to Kaharpara BSF camp where he was detained and subsequently forced to sign on two blank pages. He was released at around 8pm after being threatened with death.

On 2 March 2010, Mr. Birendra Nath Mondal reportedly tried to lodge a complaint with the Raninagar Police Station but the police refused, following which he sent a written complaint to the Superintendent of Police, Murshidabad district, on 4 March 2010. No investigation has yet been initiated on the case. Mr. Birendra Nath Mondal is reportedly still suffering from injuries on different parts of his body (including damage to his left ear). He was treated at the hospital thanks to the assistance of MASUM.

According to the same information, previously on 25 February 2010, during an event organised by MASUM, Mr. Birendra Nath Mondal had reported a corruption case involving BSF officers which took place on 19 February 2010. Mr. Birendra Nath Mondal had also tried to file a case with the police but to no avail.

The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Birendra Nath Mondal, in particular following the death threats by the BSF. Furthermore, OMCT wishes to recall that according to article 7 of the International Covenant on Civil and Political Rights, to which India is a State Party, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. OMCT is also concerned by the delays in initiating an investigation into these allegations and fears that the perpetrators may enjoy impunity. Indeed, OMCT has reported several 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.

Accordingly, OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of ill-treatment as well as the death threats, 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/ West Bengal urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Birendra Nath Mondal;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of ill-treatment and the death threats, 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;
3. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victim concerned;
4. 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. 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;
• Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• 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.

Geneva, 31 March 2010

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