India: Death in custody of Mr. Jabed Ali Mahaldar_Risk of impunity

Alleged torture and ill-treatment leading to death in custody/ Fear of lack of an effective investigation/ 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 torture and ill-treatment that allegedly lead to the death of 27-year-old Mr. Jabed Ali Mahaldar, residing in Imam Bazar, Daharpur, West Bengal, by Border Security Force (BSF).

According to the information received, on 30 April 2009 at about 2 pm, Mr. Jabed Ali Mahaldar and his friend Mr. Lalu Mahaldar went to catch fish at Jagtai Burning Ghats, which is under Suti police station's area No. 5 and J.L.57. At about 2.30 pm, three BSF officers from the 108 Battalion of BSF stationed at Nimtita Border Outpost (BOP) allegedly caught hold of Mr. Jabed Ali Mahaldar and Mr. Lalu Mahaldar and without questioning started beating both of them with lathis and riffle butts. Due to the severe beatings, Mr. Jabed Ali Mahaldar was pinned down, but Mr. Lalu Mahaldar was reportedly able to escape.

According to the same information, the BSF officers allegedly tied Mr. Jabed Ali Mahaldar's hands in his back and dragged him to Nimtita BOP camp, beating him severely on the journey. Once they reached the camp, he was allegedly beaten until 9 pm by the same men as well as by others from the BOP. His body allegedly had several marks of haematoma with swellings and his head was severely injured with a 2'' deep cut. The BSF officers brought him to the Mahishadal Block Primary Health Center at about 9.30 pm, where they allegedly tried to force the on duty medical officer to certify the body as dead, which Dr. Sajani Kanta Sarkar refused. Mr. Jabed Ali Mahaldar was then referred to Jangipur Hospital for treatment by the doctor, but at the BSF officers’ arrival at the hospital, Mr. Jabed Ali Mahaldar was declared "brought dead".

According to the same information, two different complaints were filed that night (1 May 2009) at the Suti police station, one of which by the victim's father at 00.25 am, and the other by a BSF assistant commandant, at 2.35 am. On one hand, Mr. Jabed Ali Mahaldar's father categorically stated that his son had been picked up by BSF officers who tortured him, leading to his death. He also asked that the body would be enquired on by a magistrate as the victim died in custody of the BSF, but the request wasn't met. On the other hand, the BSF complaint stated that the victim had been beaten by some civilians and fishermen while Mr. Jabed Ali Mahaldar was trying to smuggle. The BSF would have then apprehended him with a packet of ganja (cannabis), brought him to the headquarters for questioning at about 3.30 pm, and brought him to Mahishadal Block Primary Hospital for treatment at about 6.30 pm.

The International Secretariat of OMCT is gravely concerned about the circumstances of the death of Mr. Jabed Ali Mahaldar while in BSF custody. 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 according to article 7 of the same treaty “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. OMCT is further concerned by the delays in initiating investigation into these allegations 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.

OMCT therefore calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these allegations, 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. Guarantee in all circumstance the physical and psychological integrity of Mr. Jabed Ali Mahaldar's family and friend, Mr. Lalu Mahaldar;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture, ill-treatment and death, 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 adequate, effective and prompt reparation is granted to the victim's family;
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

• 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

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

Geneva, 22 May 2009

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