New allegations of ill-treatment by Border Security Force (BSF)

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 alleged ill-treatment inflicted on Mr. Govinda Mondal, a 35-year-old jute farmer, residing in the village of Char Rajapur, District Murshidabad, by Border Security Force (BSF) constables.

According to the information received, on 6 August 2010, at about 2:20pm, Mr. Govinda Mondal was on his small farming land making a phone call when three BSF constables caught him. The three involved BSF constables were identified as elements of the Char Mou Rashi Border Out Post, “E” Company under Battalion Number 52.

The BSF constables reportedly dragged Mr. Govinda Mondal to a nearby mud-built house after having grabbed his mobile phone. They took off his clothes and forcibly put one piece into his mouth. Then, they allegedly beat him for about one hour and a half particularly on his feet, chest and face, with the wooden handle of a spade, until Mr. Govinda Mondal lost consciousness. The BSF constables subsequently left the place. Mr. Govinda Mondal was recovered by two locals who brought him back to his house. He was later admitted to the Lalbagh S.D. Hospital where he remained until 10 August 2010. He was also checked by specialists and given medicine in the framework of a medical examination organised by MASUM.

According to the same information, on 14 August 2010, Mr. Govinda Mondal lodged a complaint against the aforementioned BSF constables at Raninagar Police Station. The police registered a First Information Report (FIR), case no. 418/10 under Sections 341 (Wrongfully restraining any person), 323 (Voluntary causing hurt), 325 (Voluntarily causing grievous hurt) and 34 (Common intention) of the Indian Penal Code. However, to this date, there has been reportedly no effective investigation into the alleged facts.

The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Govinda Mondal. 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 deeply 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, 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. Govinda Mondal;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of 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. 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;
• Hon'ble Mr. Justice S.H. Kapadia, 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;
• 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;
• 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;
• 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, 20 September 2010.

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