Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from MASUM, its partner organization in West Bengal, regarding the alleged torture and custodial death of a Muslim villager by the Border Security Force Personnel in Nadia, West Bengal.
CASE NARRATIVE:
A 22-year-old Muslim villager, Safikul Mondal, was allegedly tortured to death by Border Security Force (BSF) personnel at the Elangi Border Outpost in the Nadia district of West Bengal. The incident took place on 11 May 2017 at around 5:30 p.m. when the BSF personnel caught Safikul and beat him to death, while he was busy on his farmland.
Allegedly, seven BSF personnel of Elangi Border Outpost of Battalion Number 81 caught Safikul from his land and started beating him with rifle butts and bamboo sticks. The BSF personnel dragged him towards Buri Battala, and after reaching there, the BSF personnel abandoned Safikul’s unconscious body.
On the next day, his family members went outside to search for him. At 5:30 a.m. his brother Rabiul Mondal found Safikul’s apparently lifeless body at Buri Battala, after which he informed other family members and villagers. The police were informed and police officers from Bhimpur police station arrived at around 6:30 a.m. They lodged a case of unnatural death vide Bhimpur PS U/D Case No. 08/17 and Bhimpur PS Case No. 116/17 dated 12.05.2017 under Ss. 302/201/34 of the Indian Penal Code. These cases were registered on the complaint of his brother, Rabiul.
The police officers then moved the body to the Nadia District Hospital vide challan number – 461/17 for a post-mortem examination. After the post-mortem, the body was handed over to the family members and the body was buried.
ADDITIONAL INFORMATION:
It was learnt that Safikul Mondal was allegedly involved in cross border smuggling. Although that is illegal, it is not a justification to pick him up, torture him, murder him and then abandon his body. Moreover, at the time of the attack, Safikul was working on his agrarian land, which is a completely legal and benign activity. The victim was the sole earning member of his family and his death has caused a financial crisis for the family. The rule of law must prevail and if it was suspected that the victim was involved in illegal activities, a complaint should have been filed and the case should have been investigated in accordance with due process and the criminal law in force. The continuing impunity with which BSF personnel operate in border areas must be stopped.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take the necessary action against the alleged perpetrators and ensure the safety and security of families living in border areas.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for its intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear________,
RE: Muslim youth allegedly tortured to death by Border Security Force personnel in West Bengal
Name of the victim:– Safikul Mondal. 22 years old
Names of the alleged perpetrators:– Seven Border Security Force jawans from Battalion No.81 attached with Elangi Border Out-Post (BOP)
Place of incident:– Near Elangi Border Outpost, Nadia, West Bengal
I am writing to you to voice my deep concern about the alleged torture and murder of a young man by Border Security Force(BSF) personnel in Nadia, West Bengal.
I have received information that a 22-year-old Muslim villager, Safikul Mondal, has allegedly been killed due to the violent abuse and torture by BSF personnel at the Elangi Border Outpost in the Nadia district of West Bengal. The incident took place on 11 May 2017 at around 5:30 p.m. when the BSF personnel caught the villager and beat him to death, while he was busy on his farmland. Seven personnel started beating him with rifle butts and bamboo sticks. The BSF personnel dragged him towards Buri Battala, and after reaching there, they abandoned his unconscious body.
On the next day, his family members went outside to search for him. At 5:30 a.m. his brother Rabiul Mondal found Safikul’s apparently lifeless body at Buri Battala, after which he informed other family members and villagers. The police were informed and police officers from Bhimpur police station arrived at around 6:30 a.m. They lodged a case of unnatural death vide Bhimpur PS U/D Case No. 08/17 and Bhimpur PS Case No. 116/17 dated 12.05.2017 under Ss. 302/201/34 of the Indian Penal Code. These cases were registered on the complaint of his brother, Rabiul.
The police officers then moved the body to the Nadia District Hospital vide challan number – 461/17 for a post-mortem examination. After the post-mortem, the body was handed over to the family members and the body was buried. It was learnt that Safikul Mondal was allegedly involved in cross border smuggling. Although that is illegal, it is not a justification to pick him up, torture him, murder him and then abandon his body. Moreover, at the time of the attack, Safikul was working on his agrarian land, which is a completely legal and benign activity. The victim was the sole earning member of his family and his death has caused a financial crisis for the family. The rule of law must prevail and if it was suspected that the victim was involved in illegal activities, a complaint should have been filed and the case should have been investigated in accordance with due process and the criminal law in force.
Therefore, I hereby request you to:
• Order the Police to undertake a thorough investigation in this case and arrest the alleged perpetrators
• Immediately suspend the BSF officers who have committed the alleged torture pending enquiry;
• Order the State Government to pay compensation to the victim’s family for the physical and mental trauma undergone due to the torture and murder of their kin
I look forward to your prompt action in this matter.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Justice H.L.Dattu, Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023
Email: cr.nhrc@nic.in
2. Justice Shri. Girish Chandra Gupta, Chairperson
West Bengal Human Rights Commission
PurtaBhavan, 2nd Floor, Block- DF, Sector-1,
Salt Lake City,
Kolkata – 700091
Ph: +91-33-23372655
Fax: +91-33-23372655
Email:hrcwb2013@gmail.com
3. Shri Rajnath Singh
Minister of Home Affairs
Room no 104, North Block, Central Secretariat
New Delhi – 110001
INDIA
Tel: +9111 23092462
Fax: +9111 23094221
Email: jscpg-mha@nic.in
4. KK Sharma
Director General
Border Security Force (BSF)
HQr DG BSF, Block No. 10
CGO Complex, Lodhi Road,
New Delhi-110003
Tel: 011-24364851
Email: edpdte@bsf.nic.in
5. Prof. Nilz Melzer
UN Special Rapporteur on Torture
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson
52 rue des Pâquis
CH-1201 Geneva, Switzerland
Email: sr-torture@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
