Dear friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation from West Bengal, India about the murder of a 14-year-old boy by the Border Security Force (BSF) took place on 24 December 2007. However, no investigation has been conducted like many other similar cases committed by BSF.
CASE DETAILS:
Serajul is the resident of Hariharpur village, under the jurisdiction of Bagdah Police Station in North 24 Parganas district of West Bengal. Serajul was living in New Delhi, but had returned home to celebrate Eid (Muslim holiday). The incident took place when Serajul was returning home after meeting his mother who is living in Bangladesh.
Serajul was reportedly killed by the BSF officer Mr. N.H. Boro, identity number 05128115, of Battalion 37 of Company C of the BSF, when the officer allegedly fired at him. Serajul’s father, Mr. Rezaul Mondal, however stated that his son did not die from gunshot injuries since there were no corresponding injuries on his body; but there were three deep wounds in his chest that appeared to have been made by a sharp edged weapon. He also stated that his son was arrested and put in custody before he was killed.
The Assistant Commandant of the BSF, Mr. Sunil Yadav stated, on 24 December 2007, that BSF attempted to stop five or six persons who were crossing the Indo-Bangladesh border from Bangladesh to India. Since they did not follow the order to stop, the officer had to fire upon them. Serajul Mondal was one of those persons who got hit. However, he also stated that there were not bullet injuries in the body of Serajul Mondal.
On 25 December 2007, two cases were lodged in Bagdah Police Station, the first being an unnatural death report, case number 86/2007. The second First Information Report (FIR), case number 303, general diary entry number 1661/07 under Sections 143, 186, 353, 447, 506 and 427 of the Indian Penal Code, 1860 was lodged by the Assistant Commandant against Serajul Mondal. In the second FIR, it is stated that on 24 December 2007, the BSF Officer Mr. M. H. Boro was attacked while on duty by four or five persons at night. In order to protect himself he opened fire on them. During a search a body was found which would later be identified as that of Serajul Mondal. The FIR states that Serajul was aged 20 years. According to the report he had in his possession wire cutters, a sharp cutting weapon and Rupees 100 in Bangladeshi currency.
ADDITIONAL COMMENTS:
In the past 12 months the AHRC has reported more than 10 cases of a similar nature, in which the BSF was reported of committing extrajudicial killings against civilians. The BSF is intended for the protection of citizens of India, but in the place of protecting them, the BSF is involved in the rape and murder of innocent people. Not a single perpetrator has been punished thus far in any of these cases through a transparent procedure, where an impartial investigation is conducted and the victims received adequate reparation or the perpetrator adequately punished.
Please also see other recent cases: AHRC-UAC-080-2008, AHRC-UAC-060-2008, AHRC-UAC-046-2008 and AHRC-UAC-003-2008.
SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing concern over the case and demanding an impartial investigation into this case without delay. Actions must be taken against the BSF officers accused of the crime in this case.
The AHRC is also writing to the UN Special Rapporteur on extrajudicial and arbitrary execution calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Young boy reportedly killed by Border Security Force (BSF) in West Bengal
Name of the victim: Mr. Serajul Mondal (deceased), aged about 14 years, resident of Hariharpur village, Bagdah Police Station, North 24 Parganas district, West Bengal
Name of the Perpetrator: Mr. H. N. Boro, Constable of the Border Security Force, Battalion Number 37 of C–Company, Madhupur, under Police Station Bagdah, North 24 Parganas, West Bengal
Place of Incident: Near Madhupur Bridge, Police Station Bagdah of North 24 Parganas, West Bengal
Date and time of Incident: around 11:45pm on December 24 2007
I am writing to express my concern about the case of Serajul Mondal, who was reportedly killed by the Border Security Force (BSF) on 24 December 2007.
I am informed that the accused officer is stationed at BSF, Battalion Number 37 of C Company, Madhupur, under Police Station Bagdah, North 24 Parganas of West Bengal state. I am informed that the accused officer, on 24 December 2007, killed Serajul Mondal when he was coming back to his house from some where in Bangladesh. I am informed that even though the BSF alleges that Serajul was murdered in by gunfire, in fact his body does not have any corresponding injuries. I am also informed that instead of gunshot injuries, Serajul’s body had three stab injuries, apparently caused by a sharp edged weapon.
I am also informed that in Bagdah Police station of North 24 Parganas district two cases were lodged on 25 December 2007, first is of unnatural death under the case number 86 / 2007, and second case number is 303 having general diary entry number 1661 / 07, under sections 143, 186, 353, 447, 506 and 427 of the Indian Penal Code 1860.
I wish to express my concern for the lack of adherence for any rules of engagement of the BSF, where the BSF officers enjoy impunity for the acts of rights violation they commit. I am also worried that whether Serajul was killed in a gunfire since the case by the BSF Assistant Commandant, as it has been registered at the police station mentions about the accused officer firing to save himself from a group of persons attacking him, whereas the father of the boy claims that there were no gunshot wounds on his body, but had stab injuries. I am also informed that the father of the deceased boy claims that Serajul was in custody prior to arrest, which makes the case forwarded by the BSF more sinister.
I therefore request you to take all necessary actions to ensure that an independent investigation is ordered into this case and that if the investigation reveals a case of murder, the BSF constable named above is tried for murder and is punished in accordance with the law.
I further urge you to ensure that family of the victim is provided all necessary protection during the investigation of the case and that the BSF is asked to pay compensation to the victim’s family.
I am informed that, in the past, the Asian Human Rights Commission (AHRC) has brought to the notice of the Indian authorities several cases involving BSF officers, against which no action has been taken so far. In this regard, I finally request the Government of India to take genuine action to stop continuous and serious human rights abuses committed by the BSF, particularly in West Bengal.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. A. K. Anthony
Minister of Defense
104, South Block
New Delhi
INDIA
Fax: + 91 11 23015403
E-mail: ak.antony@sansad.nic.in
2. Director General
Border Security Force
Block No. 10, CGO Complex
Lodhi Road
New Delhi 3
INDIA
Fax: +91 11 24360016
E-mail: bsfhq@hub.nic.in
3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480 / 2214 1341
E-mail: cm@wb.gov.in or prsecycm@wb.nic.in
4. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
5. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 2214 4328
E-mail: cs@wb.nic.in
6. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
E-mail: sechome@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
