Severe beatings by Border Security Force of three individuals, including two minors_No effective investigation launched into these alleged facts

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 severe beatings by Border Security Force (BSF) officers of two minors, namely Indrajit Mondal (about 14 years old) and Sanjit Mondal (about 16 years old), and of their elder brother Surajit Mondal (about 18 years old), from Char Durgapur village, in Murshidabad, West Bengal.

According to the information received, on 24 September 2009 at about 8:00 am, Indrajit Mondal, Sanjit Mondal and Surajit Mondal were working in the fields, in Harudanga area, near the Indo-Bangladesh border, when nine BSF officers attached to the 191 Battalion of Harundanga BSF camp (Border outpost 102) allegedly arrived and started beating them indiscriminately with their boots and rifles butts. According to several witnesses to the scene, the BSF were earlier chasing individuals nearby the Mondal’s field, but when they failed to catch them, they approached the three above mentioned boys.

The BSF officers also allegedly tied Indrajit Mondal’s hands with rope and then hanged him from a tree, before leaving the field. One eyewitness reportedly identified one of the BSF officers. The three victims were then assisted by local farmers and taken to the Godhanpara primary health centre. They were later referred to Behrampore New General Hospital.

According to the same information received, on the same day, Mr. Krishna Chandra Mondal, the boys’ father, lodged a written complaint with Raninagar police station against the alleged BSF officers. The police reportedly registered a case (vide case no 615/09) under section 323/325 (Voluntarily causing hurt/ Voluntarily causing grievous hurt) of the Indian Penal Code. However, to date, there has been reportedly no effective investigation into the alleged facts.

OMCT is gravely concerned about this case, which is yet another example of the BSF’s blatant disregard for human rights and again demonstrates the importance to conduct effective, thorough, independent and impartial investigations into such abuses.

In this respect, however, OMCT is very much concerned by the delays in initiating an effective investigation into these allegations and fears that the perpetrators may enjoy impunity. Indeed, OMCT has already 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.

OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, 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. Ensure at all times the physical and psychological integrity of the two minors, namely Indrajit Mondal and Sanjit Mondal, as well as of Surajit Mondal;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the alleged beatings, 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, including the right to full redress with compensation and rehabilitation be granted to the victims 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. Raman Srivastava, 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, 23 December 2009

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