Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Banglar Manabadhikar Suraksha Mancha (MASUM) concerning yet another case of torture by the Border Security Force (BSF) stationed along the Indo-Bangladesh border. It is reported that the victim in this case was tortured first by the BSF driver who had agreed to engage in cross-border smuggling with the victim, when the driver realised that his superior officer had arrived at the scene without prior warning. It is also alleged that the victim’s father is also under threat since the incident. The victim is under the protection of local human rights groups since he fears for his safety.
CASE NARRATIVE:
The first incident in the sequel of physical torture and intimidation took place on 11 February 2012, just before the dates of a human rights sensitisation organised by the National Human Rights Commission was scheduled in West Bengal.
According to MASUM’s fact-finding report, on 11 February at about 7.10 am, the victim in the case, Mr. Abdul Karim Molla, son of Mr. Yunus Molla, was planning to cross the Indo-Bangladesh border near Bithari border outpost, to smuggle out two pieces of leather. Karim had made a deal with one Mr. Brijesh, a staff driver of ‘G’ branch of ‘E’ Company of 152 Battalion of the BSF for this after bribing Brijesh. While Karim was all prepared to go across the border with the leather, Mr. Akbar Khan, the then Company Commander of the ‘E’ Company arrived at the spot.
The officer’s visit was unscheduled and unannounced. Fearing action from the officer, to save himself, Brijesh started assaulting Karim with a bamboo pole. The inhumane assault happened in the presence of officer Akbar Khan. Brijesh verbally abused Karim while assaulting him, using the filthiest of words that could not be reproduced. Karim sustained cut and bruises all over his body and could not move due to severe pain from the torture.
On the next day at about 11.30 pm, a group of BSF officers from the ‘E’ Company, forced into Karim’s house allegedly to search him. Karim’s parents were at home at the time. The officers threatened the family with dire consequences while enquiring about Karim. Though Karim was at home he escaped detection and arrest. On the next day Karim’s father Mr. Yunus Molla filed a written complaint about both incidents at the Swarupnagar Police Station and informed the same to MASUM.
The police registered the complaint as General Dairy Entry number 647/12 dated 14 February 2012. This apparently has infuriated the BSF officers. They continuously tried to threaten the family to withdraw the complaint for which the officials from the local panchayat helped the BSF.
On 22 February at about 8.10 pm, while Yunus Molla was returning home from his shop the BSF officers numbering 15 to 20 stopped him. The incumbent Company Commander of the ‘E’ Company led the officers. The officer held Yunus by his neck and started pushing him around. He threatened that Yunus should withdraw the complaint by 9 am on 23 February 2012 or else that they would make his life a hell. Yunus was so terrified and shocked that he left his home and is now hiding at other places. The incident happened in front of the residence of one Majid Master, who stays in the village where Karim lives.
SUGGESTED ACTION:
Please write to the authorities listed below asking for their urgent intervention in this case.
The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for an intervention in the case.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Kindly investigate the case of torture by the BSF reported from Dahakanda village, West Bengal
Name of victims:
1. Mr. Abdul Karim Molla, aged about 23 years, son of Mr. Yunus Molla, Dahakanda village, Hakimpur post, under the jurisdiction of Swarupnagar Police Station, 24 North Parganas district, West Bengal
2. Mr. Mr. Yunus Molla, Karim's father
Alleged perpetrators:
BSF Officers stationed along the Indo-Bangladesh border from 'E' Company, formerly led by Mr. Mr. Akbar Khan
Date of incident: 11 February 2012 and continuously thereon
Place of incident: Dahakanda village, 24 North Parganas district
I am writing to express my concern regarding yet another case of police torture reported to me from West Bengal. In this case too the suspects are from the BSF.
I am informed that the first incident in the sequel of physical torture and intimidation took place on 11 February 2012, just before the dates of a human rights sensitisation organised by the National Human Rights Commission was scheduled in West Bengal.
According to MASUM's fact-finding report, on 11 February at about 7.10 am, the victim in the case, Mr. Abdul Karim Molla, son of Mr. Yunus Molla, was planning to cross the Indo-Bangladesh border near Bithari border outpost, to smuggle out two pieces of leather. Karim had made a deal with one Mr. Brijesh, a staff driver of 'G' branch of 'E' Company of 152 Battalion of the BSF for this after bribing Brijesh. While Karim was all prepared to go across the border with the leather, Mr. Akbar Khan, the then Company Commander of the 'E' Company arrived at the spot.
The officer's visit was unscheduled and unannounced. Fearing action from the officer, to save himself, Brijesh started assaulting Karim with a bamboo pole. The inhumane assault happened in the presence of officer Akbar Khan. Brijesh verbally abused Karim while assaulting him, using the filthiest of words that could not be reproduced. Karim sustained cut and bruises all over his body and could not move due to severe pain from the torture.
I am informed that on the next day at about 11.30 pm, a group of BSF officers from the 'E' Company, forced into Karim's house allegedly to search him. Karim's parents were at home at the time. The officers threatened the family with dire consequences while enquiring about Karim. Though Karim was at home he escaped detection and arrest. On the next day Karim's father Mr. Yunus Molla filed a written complaint about both incidents at the Swarupnagar Police Station and informed the same to MASUM.
The police registered the complaint as General Dairy Entry number 647/12 dated 14 February 2012. This apparently has infuriated the BSF officers. They continuously tried to threaten the family to withdraw the complaint for which the officials from the local panchayat helped the BSF.
On 22 February at about 8.10 pm, while Yunus Molla was returning home from his shop the BSF officers numbering 15 to 20 stopped him. The incumbent Company Commander of the 'E' Company led the officers. The officer held Yunus by his neck and started pushing him around. He threatened that Yunus should withdraw the complaint by 9 am on 23 February 2012 or else that they would make his life a hell. Yunus was so terrified and shocked that he left his home and is now hiding at other places. The incident happened in front of the residence of one Majid Master, who stays in the village where Karim lives.
I therefore request you:
1. That a judicial magistrate in this case investigates the complaints of torture;
2. That the statements of the victims recorded immediately by the judicial officer;
3. The alleged BSF officers placed on immediate suspension;
4. The victim should be produced before appropriate medical officer for treatment;
5. The victim and the witnesses be provided adequate protection immediately;
6. The entire investigation supervised by a judicial officer and the victim or a member of their family is informed about the progress of the investigation.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com
2. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: chiefsec@wb.gov.in
3. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal INDIA
Email: sechome@wb.gov.in
4. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in
5. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in
Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
