Risk of impunity in the case of atempted rape of a woman by BSF personnel

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in India.

New information

The International Secretariat of OMCT received new information from a local reliable source and Antenna International, a member of the SOS-Torture network, regarding the attempted rape and ill-treatment by Border Security Force (BSF) personnel of Ms Renuka Mondal, a villager in Murshidabad District, West Bengal.

According to the information received, both the National Human Rights Commission and the West Bengal Commission for Women have issued directives seeking reports on the incident from the police and the BSF. However, despite these positive developments and whilst these reports are pending, Ms Mondal has been subjected to threats and has been coerced into retracting her allegations.

According to Ms Mondal, she was taken to a BSF camp on 9 July 2008 and was presented with two statements, one in Hindi and the other in the Bangla language. As Ms Mondal is illiterate, she was unable to read either statement. She was threatened by a BSF constable, in the presence of a BSF officer identified as Mr. Sikander Sahib and a Gram Panchayat representative, Mr. Praneet Kumar Pramanik, that if she did not put her thumbprint on the two statements, illegal goods would be planted on her land and she would be “shot” when she returned to work on her land. Ms Mondal therefore complied, under duress, with his order.

The statement in Hindi purported to retract the allegations made by Ms Mondal, stating that no incident had taken place on 10 February 2008 between her and the BSF constables and that she had fabricated the police complaint regarding the attempted rape and ill-treatment due to her involvement with smugglers. The Bengali statement did not expressly retract her allegations, but stated that the incident was an “altercation by mistake” that had now been settled.

OMCT is concerned about the coercion and threats suffered by Ms Mondal. It is also concerned that the reports to be submitted by the police and the BSF to the National Human Rights Commission and the West Bengal Commission for Women respectively will present only the biased versions of the perpetrators and as a result lead to impunity for these violations.

OMCT therefore calls on the authorities to ensure that a thorough and impartial investigation into these events is carried out in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law. OMCT also calls on the authorities to take adequate measures to grant protection to Ms Mondal and to her witnesses.

OMCT takes this opportunity to remind that, as an elected member of the United Nations Human Rights Council, India should particularly guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Brief reminder of the situation

According to the information received, on 10 February 2008, Ms. Renuka Mondal was working on her land at Chor Rajapur colony village when two BSF personnel approached her and offered her money for sexual favours. When she refused, they began to beat her with sticks and insult her. They were trying to undress and rape her when a villager, Ms. Belu Rani, with two other persons interceded and the assailants fled. Ms Mondal went, together with her rescuers, to lodge a complaint at the BSF camp, but again was attacked by the two accused BSF personnel and her complaint was therefore not registered. The following day, she lodged a complaint with the police but although her complaint was recorded, no action was taken. She subsequently filed complaints with various authorities and human rights bodies.

Action requested

Please write to the authorities in India urging them to:

1. Take all necessary measures to protect the physical and psychological integrity of Ms. Renuka Mondal;
2. Ensure a thorough and impartial investigation into these events in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to the victim;
4. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standard.

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
• National Commission for Women, 4 Deen Dayal Upadhayaya Marg, New Delhi-110 002. Fax: +91-11-23236154. E-mail: ncw@nic.in
• Ashish Kumar Mitra, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi – 110003, Tel.: + 91 11 24362181, +91 11 24360016
• 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
• West Bengal Commission for Women, 10 Reiny Park, Kolkata - 19. E-mail: chairperson@wbcw.org
• 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
• Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassies of India in your respective country.

Geneva, 6 August 2008

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