Unlawful killing of Mr. Tiarul Sk_OMCT is gravely concerned about the delays in initiating an effective investigation

The InternationalSecretariat of the World Organisation Against Torture (OMCT) requests yourURGENT intervention inthe following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has beeninformed by Banglar ManabadhikarSuraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, aboutthe killing of Mr. Tiarul Sk., aMuslim man aged about 20 years, from Kalbalitala village, Murshidabad districtin West Bengal, by Border Security Force(BSF). OMCT is gravely concerned that to date, there has been reportedly noeffective investigation into this killing.

According to the informationreceived, on 27 November 2010 at about 6pm, Mr. Tiarul Sk. was shot and killed by members ofthe BSF on-duty at the Kaharpara BSF Out-Post No. III. Mr. Tiarul Sk wasreportedly checking his crops on a field located on the southern side of theKaharpara BSF Out-Post No. III when a group of individuals smuggling cattlenearby were spotted by the BSF. The latter allegedly opened fire indiscriminatelyand without warning. Mr. Tiarul Sk. was hit in his chest by a bullet. His bodywas reportedly removed only around 11pm by RaninagarPolice and taken to Godhanpara Primary Health Centre where he was declareddead. The police registered an unnatural death case vide Raninagar PoliceStation (case no. 27/2010).

It is reported that, on thefollowing day, an Executive Magistrate from Domkal conducted an inquest on thebody, in violation of the Indian law which requires that the inquest in a case of death is only conducted bya judicial magistrate (Section 176 1-A of Criminal Procedure Code), before the body was taken to LalbaghSub-Divisional Hospital for the post mortem examination. On the same day, Mr.Tiarul Sk’s father lodged a written complaint at the Raninagar Police Stationagainst the alleged BSF members (Case no. 651/2010 dated 302). However, todate, there has been reportedly no effective investigation into the killing ofMr. Tiarul Sk. On the contrary,the BSF reportedly lodged a complaint on their side in order to disguise theincident as an encounter killing to justify the death of Mr. Tiarul Sk.

The International Secretariat of OMCT is gravely concerned about the allegedaforementioned facts and recalls that the authoritieshave to fulfil their obligations under international human rights law toprotect the right to life. State authorities mustensure that security forces comply with international human rights standards onlaw enforcement, in particular those relating to the use of force.

OMCT is also deeply concerned by the delays ininitiating an effective investigation into the killing of Mr. Tiarul Sk.Accordingly, OMCT calls on the competent authorities to ensure that theinvestigation is carried out promptly, effectively, thoroughly, independently and impartially, theresult of which must be made public, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law.

Action requested

Please write to theauthorities in India/ West Bengal urging them to:

i. Carryout a prompt, effective, thorough, independent and impartial investigationinto the killing of Mr.Tiarul Sk., the result of which must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Ensurethat an effective remedy as well as the right to full redress, includingcompensation, is granted to the victim’s family concerned;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø Mr. Shri Manmohan Singh, Prime Minister ofIndia, Prime Minister’s Office, Room number 152, South Block, NewDelhi, Fax: + 91 11 2301 6857;

Ø 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;

Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justiceof India, Supreme Court, Tilak Marg, New Delhi-1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;

Ø Chairperson, National Human Rights Commission of India,Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email:chairnhrc@nic.in;

Ø 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;

Ø M. K. Narayanan, Governor,West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax:+91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in;

Ø Mr. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBDBagh, Kolkata – 1, Fax - +91 33 22145480,Email - cm@wb.gov.in, sechome@wb.gov.in;

Ø PermanentMissionof Indiato the United Nations (Geneva), Ruedu Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also writeto the diplomatic mission or embassy of India in your respectivecountry.

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Geneva, 9 February 2011.

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