India: No proper investigation into allegations of torture and ill-treatment by BSF officers

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 of Mr. Abhijit Adhikari, a 22-year-old mason from Angrail village, District North 24 Parganas, in West Bengal, during his detention by Border Security Force (BSF) officers. OMCT is concerned by the delays in initiating investigations into these allegations and fears that the perpetrators may enjoy impunity.

According to the information received, on 14 May 2009 at about 10 pm, three BSF officers from Out-Post no. 8, Angrail BSF camp requested to see Mr. Abhijit Adhikari, without giving any reasons, and asked his mother about his whereabouts. When this latter told them, out of fear, that Mr. Abhijit Adhikari was not at home, the three officers entered forcibly the family house and searched for him. Mr. Abhijit Adhikari was then taken to Angrail BSF camp where he was reportedly subjected to torture and other ill-treatment.

According to the same information, M. Abhijit Adhikari was slapped several times and was then tied up to a tree with an iron chain for the night. The next morning, on 15 May 2009, Mr. Abhijit Adhikari was reportedly severely beaten by the BSF officers while being forced to lie upside down. He was allegedly beaten on his back, waist, buttock and chest with sticks. Furthermore, he was not given any food until his father brought him some.

The same day, Mr. Abhijit Adhikari was then reportedly taken to the Custom Office in Petrapole where he was allegedly forced to sign on blank papers. He was reportedly not informed of any charges held against him. He was later released after his family reportedly paid Rs. 1000.-. Mr. Abhijit Adhikari was hospitalised for two days at G.R. Dhar Sub-Divisional Hospital due to his condition.

According to the same information, Mr. Abhijit Adhikari’s mother tried to lodge a complaint about the events at the Gaighata Police Station but the police officers allegedly refused to file it. She then submitted a written complaint with Bongaon Sub-Divisional Police Officer, but till this date, no proper investigation has been reportedly launched into the allegations.

On 7 July 2009, Mr. Abhijit Adhikari was reportedly requested to attend a meeting with the Commanding Officer of Angrail camp at the camp. However, fearing for her son’s life, Mr. Abhijit Adhikari’s mother suggested him not to go. Thereafter, Mr. Abhijit Adhikari reportedly received a notice, dated 17 June 2009 (C No. VIII (II) 41-EXP/PTPC/09-10), from the Superintendent of Customs, Petrapole office, which included a show cause order. According to the notice, Mr. Abhijit Adhikari was intercepted on 15 May 2009 by BSF officers at the border area with cattle, for which he did not have any valid document. This version is rebutted by Mr. Abhijit Adhikari’s family, since Mr. Abhijit Adhikari was arrested at his home. Furthermore, according to the same information, no information about cattle seizure was registered at the time of the incident at Gaighata police station.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Abhijit Adhikari. OMCT wishes to recall that according to article 7 of the International Covenant on Civil and Political Rights, to which India is Party, “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. Furthermore, in several cases, it has even been reported that the BSF has retaliated by in turn submitting complaints against the alleged victims who dare filing complaints.

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. Abhijit Adhikari;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and 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;
3. Stop any judicial harassment in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
4. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victim;
5. 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, 10 August 2009

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