Dear friends,
The Asian Human Rights Commission (AHRC) has received shocking information from MASUM, a human rights organisation in West Bengal, detailing the killing of a 14-year-old boy by the Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy resided just 30 meters from the border and on hearing some commotion outside his residence, came out and saw BSF officers chasing smugglers. The boy was taken from his home and mercilessly beaten by the BSF officers. Later four shots were fired piercing through the young boy’s chest resulting in his death.
Mithun was a 14-year-old boy studying in the sixth grade. His father works as an agricultural labourer and possesses 10 katha (0.16 acre) of land near the Indo-Bangladesh border. Mithun lived with his parents and his elder brother. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time, BSF officers were chasing smugglers and Mithun was mistaken as an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with riffle butts thereby smashing his skull. Four shots were fired penetrating the young boy’s chest killing him instantaneously.
Mithun’s body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for a post mortem examination. The body was later cremated at the Baharampur crematory.
In the midst of the pain of losing his son, Mithun’s father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of the Raninagar Police Station refused to file a First Information Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.
On learning the facts of the case, MASUM’s fact-finding team visited the scene of the killing and talked with the victim’s family, villagers, Gram Panchayat [local body] members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar PS, Case no. 129 dated 28 June 2006 under Sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., the Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The grievance that was lodged against Mithun was classified as a criminal complaint, while the complaint lodged by Mithuns father was ignored and dismissed by the local police.
Subsequently, Sub Inspector Mr. Ayub Ali Molla who was appointed as the Investigating Officer of the case informed MASUM that in the case, the BSF had registered Mithun’s age as being 20. However a certificate issued by the principal of the primary school where Mithun was studying indicates that Mithun was born on 4 March 1993.
When the MASUM followed up on the case they were informed that the inquest report by Mr. Ayub Ali Molla confirmed that there were large cut marks and injuries sustained by the victim, probably due to the use of a sharp weapon on his head and left hand. Bullet wounds were also found in the chest and back of the victim’s body. This was a clear case of murder. Mithun was a minor and an unarmed civilian, who posed no threat to the officers. Even though in this instance force was employed on the pretext of combating smuggling, it was nevertheless inexcusable that a 14-year-old boy was tortured and killed.
BACKGROUND INFORMATION:
India shares a considerable border with Bangladesh, which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years, this border has been facing problems of illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems, India has deployed border security forces to deal with infiltration at the border. However, no consideration has been afforded to people near the border area, a no mans land, who have predominantly been branded as immigrants from Bangladesh and thus have been discriminated against at various levels.
The Government of India erected boundary fencing and a boundary road to prevent infiltration. In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas. This fencing and border road (BSF road) runs 5-10 kilometres inside the Indian territory from the actual border. In these areas, many of the local people who have resided there for centuries cannot gain entry into their own land without the permission of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only two times a day can people use this border road or enter or leave from the fencing gate: once in the morning for half-an-hour and once in the evening for half-an-hour.
Farmers are dependent upon the protection of the BSF to continue their livelihood and are also at their mercy. Due to this situation, common legal remedies are meaningless and farmers are prevented from voicing their concerns.
Mithuns murder is only one of the many human rights violations that the AHRC has reported on in recent times regarding the Border Security Forces operating along the Indo-Bangladesh border (please see UA-184-2006,UA-174-2006, UA-146-2006, UA-217-2005, UA-79-2005, FA-04-2005 and UA-18-2005). Evident from these cases is that the BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and to exploit situations by colluding with smugglers.
SUGGESTED ACTION:
Please write to Mr. Srikumar Mukherjee, The Minister of State, Government of West Bengal seeking his intervention. Please also send copies of your letter to the other authorities named below. The perpetrators should be punished for the arbitrary use of force and the government should take immediate cognisance of the cross-border smuggling and the continuous infiltration of the Indo-Bangladesh border. Despite having brought this to the notice of the authorities many times in the recent past, little seems to have been done in this regard. We hope that this case will once again highlight the urgency of this matter so that many lives can be saved in the future. Action should also be taken against the local police who have failed to act properly on the complaints filed by the victims family.
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SAMPLE LETTER
Dear __________,
INDIA: 14-year-old Mithun Sarkar becomes the latest victim of Border Security Forces killings
Name of the Victim: Mithun Sarkar, 14 years old, Son of Mr. Nripendra Nath Sarkar, Harudanga village, Raninagar police station, Murshidabad district.
Alleged perpetrators: –
1. Border Security Force personnel of Outpost No. 2 of 136 Battalion under Kuthibari Camp, Raninagar Police Station of Murshidabad District
2. Mr. S. Bhattacharjee Officer-in-Charge of Raninagar Police Station, Murshidabad
Date and time of crime: 28 June, 2006, 4.00 A.M
Place of the incident: Harudanga village, Murshidabad district, West Bengal
I am writing to express my grave concerns about the killing of 14-year-old Mithun Sarkar by Border Security Forces (BSF) operating along the Indo-Bangladesh border. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time BSF officers were chasing smugglers and Mithun was mistaken for being an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with rifle butts. Four shots were fired which penetrated the chest of the young boy and killed him.
Mithun’s body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for the post mortem examination. The body was later cremated at the Baharampur crematory.
In the midst of the pain of losing his son, Mithun’s father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of Raninagar Police Station refused to file a First Investigation Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.
On learning the facts of the case, MASUM’s fact-finding team visited the scene of the killing and talked with the victim’s family, villagers, Gram Panchayat members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar police station, Case no. 129 dated 28 June 2006 under sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The complaint was lodged against Mithun declaring criminal accusations, while all the charges Mithun’s father had filed against the actual perpetrators were dismissed.
It has also been brought to my attention that the BSF had registered Mithun’s age as being 20. However from a certificate issued by the principal of the primary school of which Mithun attended it was clearly indicated that Mithun was born on 4 March 1993.
It appears that the police are aiding the BSF in manipulating the records in this case by concealing the truth. Additionally, the police have refused to initiate a case against the BSF in spite Mithuns fathers request and complaint. This reaction on the part of the local police seems to be legitimising crimes committed by the BSF in the area. There is a serious threat to society when law and order is no longer distinguishable from state impunity. I am aware that many similar cases of torture and killing have been brought to the authorities attention and little seems to have to been done to address these issues. I hope that this case will once again highlight the urgency of this matter so that many lives could be saved in the future. Action should be taken against the local police who have failed in the course of their duty. The duty to enable peace and prosperity to society has been made a mockery.
In light of the above, I request that you intervene in this case so that the Raninagar police record statements of the witnesses, particularly the father of the deceased boy. Please also take action so that the local police provide all possible protection to the witnesses in the case and also recommend the state government to pay reasonable interim compensation to the victims family. I would also urge you to write to the BSF Command expressing concern over the case and also similar cases which have been brought to your notice in the recent past.
I trust that you will take immediate action on this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
Mr. Srikumar Mukherjee
Minister of State
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4052
Email: moshome@wb.gov.in
PLEASE SEND A COPY OF YOUR LETTERS TO:
1. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in
2. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in
3. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
4. Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833
5. The Director General
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bsf_hq@hub.nic.in
6. Inspector General (Administration)
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bsf_hq@hub.nic.in
7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)
Email: lventre@ohchr.org / urgent-action@ohchr.org
8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org/ tb-petitions@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)