New case of alleged unlawful killing in West Bengal_Lack of a proper investigation into the killing

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 alleged unlawful killing of Mr. Shyamsundar Mondal, aged about 25 years old from Char Munshi Para village, District Murshidabad, West Bengal, by officers of the Border Security Force (BSF).

According to the information received, on 22 August 2009, at about 7 p.m., four officers of Rajanagar BSF Camp, 191 Battalion, F-Company started shooting at a group of alleged cattle smugglers at Dabur Ghat, near the bank of the river Padma (which falls under the jurisdiction of Raninagar police station). The BSF officers reportedly did not attempt to arrest the group of alleged smugglers before starting to shoot. Mr. Shyamsundar Mondal was reportedly killed by a bullet that hit him at his back exiting by the right side of his belly.

On 23 August 2009, police registered an unnatural death case (U.D. Case no. 25/09) and a post mortem examination (no. 193) was subsequently carried out at the Lalbagh Sub-Division Hospital.

According to the same information, on the same day, an assistant commandant of Rajanagar BSF BOP made a written complaint with Raninagar police station against around 40 and 45 alleged unknown smugglers regarding the shooting incident. Furthermore, the BSF reportedly handed over to the police four buffalos which the BSF officers allegedly seized during the incident. Consequently, the police registered case no. 486/09 under sections 147 (rioting), 148 ( rioting, armed with deadly weapons), 149 (if an offence is committed by any member of an unlawful assembly every other member of such assembly shall be guilty of the offence), 186 (obstructing public servant in discharge of his public functions), 353 (assault or use of criminal force to deter a public servant from discharge of his duty) and 307 (attempt to murder) of the Indian Penal Code.

At the same time, on 25 August 2009, Mr. Shyamsundar Mondal's father, Mr. Ramesh Chandra Mondal, made a written complaint against the alleged BSF perpetrators under section 302 of the Indian Criminal Code (murder) with Raninagar Police Station, following which a criminal case (no. 492/09) was registered. In his written complaint, Mr. Ramesh Chandra reportedly indicated that, at the time of the incident, his son was taking raw materials from his farm to the bank of the river Padma. Mr. Ramesh Chandra Mondal also made a written complaint with the Block Development Officer[1], Raninagar Block-II, Raninagar, Murshidabad.

On 21 October 2009, Police Sub-Inspector of Raninagar police station, who is in charge of investigating both criminal cases (no. 486/09 dated 23.08.2009, and no. 492/09 dated 25.08.2009), reportedly informed MASUM that the investigation of the mentioned cases was still pending.

The International Secretariat of OMCT is seriously concerned that the killing of Mr. Shyamsundar Mondal was unlawful. 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. Furthermore, when law enforcement officials resort to the use of force, this must be only such as is necessary and proportionate in the circumstances, in accordance inter alia with the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. OMCT is further particularly concerned by the delays in initiating a proper investigation into the killing 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 or their families who dare filing complaints.

OMCT therefore calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Shyamsundar Mondal in accordance with international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 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. Carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Shyamsundar Mondal, 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;
2. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victim’s family;
3. 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;
• 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.

*

Geneva, 27 October 2009

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

[1] The Indian administrative system is constituted in several sub-divisions, each of one is divided in several blocks. The facts here described took place in the Raninagar II Block. Each block has a Block Development Officer (BDO), who is the responsible of the correspondent block and has authority over the police that operate within the block.