INDIA: BSF officers kill two victims, including a 17-year-old boy 

Dear friends,

The Asian Human Rights Commission (AHRC) has learned of the killings of two persons, one of whom was a minor, by officers of the Border Security Forces (BSF) operating along the Indo-Bangladesh border. After confronting the two victims and beating them with their rifle, the BSF officers then shot them at point blank range, resulting in their instant death.

The ghastly incident took place on 11 July 2006 at 8.55pm when the two victims, Mintu Molla and Jabbar Sarkar were returning home from the fields. Without warning BSF officers pounced on the two victims and started interrogating them. They then used their rifles to brutally beat both victims. After some time the BSF officers then shot both Mintu and Jabbar, resulting in their deaths. Thereafter the involved officers carried the dead bodies to Kharyertala BOP No. 1 Point where they remained for several hours. At 2.30am the following morning the officers took the bodies to the Jalangi police station by BSF Halla Gari (patrol van). Later that morning, at 11am, the bodies were transferred to the Baharampur Hospital for post mortem.

The AHRC demand the immediate suspension of the allegedly involved BSF officers from their duty and that an inquiry be conducted into this incident by a neutral agency such as the C.I.D. The inquiry must include a post mortem conducted by an expert autopsy surgeon. If the allegations are proven correct, the guilty BSF officers should be tried in accordance with the law. Adequate compensation should be provided to the families of the victims.

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 man’s 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.

The murder of these latest victims are 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-225-2006, 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 and other concerned authorities seeking their intervention. The perpetrators should be punished for the arbitrary actions 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.

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