Risk of impunity following acts of torture and other forms of ill-treatment in BSF custody

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 45-year-old Mr. Kartik Mondal, residing in Chadugachi, West Bengal, by Border Security Force (BSF).

According to the information received, on 10 March 2009 at about 10am, BSF went to Mr. Kartik Mondal’s house to ask him about an incident occurred the day before (related to cattle smuggling). When Mr. Kartik Mondal reportedly informed them that he was not aware of this event, he was summoned to Sutia BSF Camp at 4pm on the same day. However, in the afternoon, when he was returning home along his daughter after having bought paddy rice, he was stopped by a BSF officer and forcibly taken inside Sutia BSF Camp. His daughter was ordered to leave but when she refused she was threatened with dire consequences. She then left the place and went to search for help.

According to the same information, once in the BSF camp, Mr. Kartik Mondal was forced to lie down on the floor and then severely beaten with bamboo sticks all over his body. BSF also allegedly poured water on his mouth and nose.

When Mr. Kartik Mondal’s daughter came back to the BSF camp along villagers, she was reportedly also severely beaten on her chest and lost consciousness. Both were later taken to a local doctor. Mr. Kartik Mondal then went to lodge a complaint at the local Bongaon police station but it was not registered. He was only given a paper to attend the medical officer on duty at J.R. Dhar Sub-Divisional Hospital, Bongaon, District-North 24 Parganas. He was hospitalised from 10 March to 12 March 2009.

According to the same information, on 12 March 2009, Bongaon Police Station opened a criminal case under sections 341(wrongfully restraining any person), 325 (voluntarily causing grievous hurt), 34 (common intention) of Indian Penal Code against the BSF officer. However, till this date, no effective investigation was conducted into this case and no measures taken against the alleged perpetrator. Furthermore, Mr. Kartik Mondal was requested on several occasions to settle the case with BSF.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Kartik Mondal 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 investigation into these allegations and fears that the perpetrator 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. 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. Kartik Mondal and of his family;
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. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victim;
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

• 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, 8 April 2009

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