New allegations of torture and ill-treatment by the Border Security Force (BSF)_No investigation has been launched into the allegations

Allegations of torture and other ill-treatment/ Threats/ Fear for the safety/ 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 other ill-treatment of Mr. Anwar Gain, aged about 35 years old, from Tetulberia village, District-North 24 Parganas, in West Bengal, by the Border Security Force (BSF), in September 2009. OMCT is also deeply concerned about the delays in initiating an investigation into these allegations.

According to the information received, on 3 September 2009, at about 2.30pm, six members, including a camp-inspector, of the 126 Battalion BSF (Tetulberia BSF Camp) surrounded the house of Mr. Anwar Gain and demanded to see him. When Mr. Anwar Gain came out of his house, the BSF officers reportedly started shouting at him accusing him of keeping cows for smuggling purposes at his Bansbagan (bamboo garden). Mr. Anwar Gain denied these allegations but the BSF officers reportedly asked him to go to the said bamboo garden with them. They then put him in a BSF vehicle and brought him to the BSF Border Out-Post Camp of Tetulberia.

According to the same information, in the evening of the same day, Ms. Fatima Bibi-Gain, Mr. Anwar Gain’s wife, and Mr. Ghulam Gain, Mr. Anwar Gain’s brother, went to the BSF Border Out-Post Camp of Tetulberia, with two others villagers. When they arrived there, Ms. Fatima Bibi-Gain was reportedly the only one of them stopped at the entry of the gate by some BSF officers. She was allegedly humiliated with dirty language, pushed and thrown out of the gate. Meanwhile, the camp-inspector reportedly informed that Mr. Anwar Gain had been apprehended and kept in BSF custody for allegedly smuggling cattle. They finally could see him and noticed that his body was covered with scratches, bruises, wounds, haematoma and lacerated injuries. Mr. Anwar Gain reportedly later informed that he had been beaten with bamboo batons, lathi (cane), kicks and fists by the BSF officers in order to make him confess who kept the cows and the buffalos in the bamboo garden.

The BSF camp-inspector reportedly told Mr. Anwar Gain’s brother that if he wanted to see his brother alive, he must give him 25'000 Rs (rupee), otherwise Mr. Anwar Gain would be killed. Therefore, on the same day, Mr. Ghulam Gain reportedly borrowed 10'000 Rs from an acquaintance and gave it to the BSF camp inspector. Consequently, Mr. Anwar Gain was released from the BSF camp, but before that, he had to let his thumb print on a blank paper. Furthermore, the BSF officers reportedly threatened Mr. Anwar Gain and his family to initiate a false criminal case against them if they tried to denounce the events. Once released, Mr. Anwar Gain was immediately admitted to Bongaon Sub-Divisional Hospital (J.N. Dhar Hospital) where he remained under treatment for 3 days.

After being released from hospital on 5 September 2009, Mr. Anwar Gain reportedly filed a written complaint under section 156(3) of the Criminal Procedure Code with the Court of Additional Chief Judicial Magistrate, in Bongaon. Despite the court’s order to the police to start an investigation into the allegations denounced, the police only registered a case. To date, there has been no investigation into the alleged facts.

The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Anwar Gain and his family. 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 an 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 events, in particular the allegations of torture and other ill-treatment, as well as the 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 urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Anwar Gain and his family;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and other 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;
• 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. M. L. Kumawat, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• 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.

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Geneva, 19 November 2009

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