Fwd: India/ West Bengal: Alleged unlawful killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk by Border Security Force (BSF)
Kirity Roy
Kirity
From: OMCT urgent appeals <app...@list.omct.org>
Date: 15 February 2011 22:37
Subject: India/ West Bengal: Alleged unlawful killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk by Border Security Force (BSF)
To: India - MASUM <masum...@gmail.com>
Case IND 150211
Unlawful killing/ Lack of a proper investigation
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 killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk., in events occurred in Murshidabad District, West Bengal. OMCT is gravely concerned that to date, there has been reportedly no effective investigation into these killings.
According to the information received, on 9 November 2010, at about 2.30 a.m., Mr. Sah Alam Mal, about 40 years old, resident of Atarpara, a village in the Rajshani District, Bangladesh, was shot in the back of his head by a Border Security Force (BSF) Constable posted at BSF outpost no-IV under Dayarampur BSF Camp, in Murshidabad District, West Bengal. Mr. Sah Alam Mal was reportedly trying to smuggle cattle through the aforementioned outpost with some other smugglers on the night of 9 November 2010. When the BSF Constable tried to catch the cattle, the smugglers jumped into the river, thereupon he allegedly fired at them without any warning from a distance of 200-300 metres, and killed Mr. Sah Alam Mal. Members of the BSF subsequently took Mr. Sah Alam Mal’s body and brought it to the Sadhikardiar Hospital, where he was declared dead by the on-duty medical officer. The body was handed over to the family in Bangladesh on 14 November 2010.
The same day of the shooting and death of Mr. Sah Alam Mal, a complaint was filed by Mr. Surjeet Singh, Company Commander, Dayarampur BSF Camp, at Jalangi Police Station on the abovementioned incident, depicting the incident as an encounter and accusing the victim, among other things, of attempted murder. The police investigation is still pending and there’s currently no information available on the progress of the investigation.
According to the same information, on 28 December 2010, between 4.30 a.m. and 5 a.m., Mr. Miltan Sk., about 22 years old, from Budhurpara Village, Murshidabad District, West Bengal, and Mr. Sentu Sk., about 27 years old, resident of Dakshin Char Majher Diar, Murshidabad District, West Bengal, were killed by a shot in the chin. It is reported that the victims were present near the BSF outpost no. IV, Kaharpara BSF Camp, Murshidabad District with smugglers. The on-duty BSF members apprehended the victims and then allegedly shot at them. BSF members informed the policemen at Raninagar Police Station, who then transported the two bodies to the Godhanpara Primary Health Centre, where they were declared dead. The Raninagar Police Station registered the two deaths as unnatural death cases.
On the next day, on 29 December 2010, a written complaint was filed before the Raninagar Police Station by the brother of Mr. Sentu Sk., Mr. Bajlur Rahman, accusing the BSF of murdering his brother and the other victim without a valid justification (case No 705/2010). Another written complaint was filed before the same police station by BSF Company Commander Mr. Amba Dutta on the same incident alleging that Mr. Miltan Sk. and Mr. Sentu Sk. both died as a result of an encounter. The police investigation on the first complaint is still pending, and no further information is available on the progress of the investigation.
The International Secretariat of OMCT is gravely concerned about the alleged aforementioned facts and recalls that the authorities have to fulfil their obligations under the Indian Constitution[1] and under international human rights law to protect the right to life. State authorities must ensure that security forces comply with international human rights standards on law enforcement, in particular those relating to the use of force.
OMCT is also deeply concerned by the delays in initiating an effective investigation into the circumstances surrounding the killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk.. Accordingly, OMCT calls on the competent authorities to ensure that the investigation is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, inter alia, with 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/ West Bengal urging them to:
i. Carry out a prompt, effective, thorough, independent and impartial investigation into the killings of Mr. Sah Alam Mal, Mr. Miltan Sk., and Mr. Sentu Sk., in accordance with international human rights standards, inter alia, with 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;
iii. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victims’ families concerned;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, 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 Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: suprem...@nic.in;
Ø Justice K. G. Balakrishnan, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chai...@nic.in;
Ø Jusice N. C. Sil, Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wb...@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-...@nic.in;
Ø Mr. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email - c...@wb.gov.in, sec...@wb.gov.in;
Ø 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: missio...@ties.itu.int
Please also write to the diplomatic mission or embassy of India in your respective country.
*******
Geneva, 15 February 2011.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
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--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kiri...@gmail.com
Web: www.masum.org.in