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

Brief description of the situation

The International Secretariat of OMCT has beeninformed by Banglar ManabadhikarSuraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the extrajudicialexecution of Mr. Saidul Mondal, about 28 years old from Jaykrishnapurvillage, in Murshidabad district, by members of the Border Security Force(BSF). To date, no effective investigation has been reportedly carried out.

According to the information received, on 17April 2011, atabout 4:30 am,Mr. Saidul Mondal was nearby the Char Mourasi BSF Camp when he was apprehendedby about five members of the BSF, alleged to be from the Charmairasi BSF BorderOut Post (BOP) camp. The BSF then allegedly started to beat him with bamboosticks and the bayonet of their service rifles. Mr. Saidul Mondal sustainedsevere injuries and died a short time later. Several individuals reportedlywitnessed the scene.

According to the same information received, theRaninagar police subsequently registered one unnatural death case at RaninagarPolice Station (U.D. Case no. 8/2011) and a post mortem examination (PME) onMr. Saidul Mondal’s body was reportedly carried out at Lalbagh Sub-DivisionalHospital, on 18 April 2011. The conclusions of the PME remain unknown and, todate, no effective investigation has been carried out into the circumstances ofthe death of Mr. Saidul Mondal. The alleged perpetrators and the witnesses tothe scene have reportedly never been interrogated by the police.

OMCT recalls that the Indian authorities have to fulfil theirobligations under the Indian Constitution[1]and under international human rights law to protect the right to life. OMCT isalso deeply concerned by the delays in initiating an effective investigationinto the circumstances surrounding the killing of Mr. Saidul Mondal.Accordingly, OMCT calls on the competent authorities to ensure that theinvestigation is carried out promptly, effectively, thoroughly, independently and impartially, inaccordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result ofwhich must be made public, in ordertobring those responsible before a competent, independent and impartial tribunaland apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to theauthorities in India/ West Bengal urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Saidul Mondal’s family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation intothe circumstances surrounding the killing of Mr. Saidul Mondal, in accordance with internationalhuman rights standards, inter alia,with the UN Principle on the Effective Prevention and Investigation ofExtra-legal, Arbitrary and Summary Executions, the result of which must be madepublic, in orderto bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation, is granted to the victim’s family;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

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 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;

Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justiceof India, Supreme Court, 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 Jusice N. C. Sil,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:+91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in;

Ø Mr. Sri BuddhadebBhattacharjee, 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;

Ø PermanentMissionof Indiato the United Nations (Geneva),Ruedu Valais 9, 1202 Geneva, Tel: +41 22 906 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 respectivecountry.

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Geneva 3 August 2011.

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

[1] Article 21 of the Indian Constitution states that “No person shall be deprived ofhis life or personal liberty except according to procedure established by law”.