Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from MASUM, its partner organization in West Bengal, regarding the alleged torture of a poor farmer by the Border Security Force Personnel in Rajanagar, West Bengal.
CASE NARRATIVE:
Jaharlal Sheikh is a resident of Murshidabad, living in the Rajangar police station limits. A poor man, he only possesses one bigha of land, and is the only earning member of his family.
On 1 June 2017, at around 6 a.m., Jaharlal went to his field to cut the grass and weeds. His field is located near Outpost number 4 of the Rajanagar Border Security Force (BSF) Camp. Suddenly, he saw a few people running through the adjacent agrarian lands and a few BSF personnel from the Rajanagar BSF camp (vide Battalion Number – 83) chasing them. The BSF officers were unable to catch them and instead came across Jaharlal. The men who escaped were alleged smugglers, and the BSF officers started enquiring about them to Jaharlal.
Jaharlal replied that he had no information about them and neither does he know them. His reply made the BSF personnel furious, and they started verbally abusing him and beating him up with their rifle butts and bamboo sticks. One of the BSF personal opened fire with his pellet gun, which hit Jaharlal on his right shoulder and neck. He then fell to the ground and alleged that the BSF personnel did not stop torturing him and continuously beat him with their sticks, even while he was bleeding. Sometime later, he lost consciousness and the BSF personnel sprinkled water on his face. When Jaharlal regained consciousness, the BSF personnel left. On the same day, he was admitted at the Berhampore Medical College Hospital, but the doctors referred him to a post graduate medical institution. That evening, Jaharlal was brought and admitted at the Neel Ratan Sircar (NRS) Medical College and Hospital in Kolkata. After 29 days of treatment, the attending doctors discharged him on June 29.
The pellets are still in Jaharlal’s body and he is suffering from intolerable pain. His family members said that doctor has advised surgery, but they are unable to afford the treatment. At present Jaharlal is receiving medical attention under MASUM’s care giving programme. On June 22 Jaharlal sent a written complaint from his hospital bed to the Superintendent of Police, Murshidabad via post, but till date no action has been taken.
ADDITIONAL INFORMATION:
Reminiscent of other incidents involving the BSF, here too the victim was tortured while working on his field, possibly suspected of knowing the smugglers or being a smuggler himself. The reign of terror of the BSF continues unchecked, and there is a complete breakdown of the rule of law and institutionalized impunity. When investigating instances of smuggling, the BSF must follow due process and refrain from indulging in violence and torture. A Commission of Inquiry must be set up to enquire into the repeated cases of BSF perpetrated torture in the region.
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________,
INDIA: Poor farmer tortured and shot at by Border Security Force personnel in West Bengal
Name of victim: Jaharlal Sheikh (36)
Date of incident: June 1, 2017
Place of incident: Near BSF Outpost no.4, Rajanagar, BSF Battalion no. 83
I am writing to you to voice my deep concern about the alleged torture of a poor man by Border Security Force (BSF) personnel in Rajanagar, West Bengal.
I have received information that on 1 June 2017, at around 6 a.m., when the victim went to his field to cut grass and weeds, he was questioned by BSF officers about some alleged smugglers who escaped. Jaharlal Sheikh is a resident of Murshidabad, living in the Rajangar police station limits. A poor man, he only possesses one bigha of land, and is the only earning member of his family.
On 1 June 2017, at around 6 a.m., Jaharlal went to his field to cut the grass and weeds. His field is located near Outpost number 4 of the Rajanagar Border Security Force (BSF) Camp. Suddenly, he saw a few people running through the adjacent agrarian lands and a few BSF personnel from the Rajanagar BSF camp (vide Battalion Number – 83) chasing them. The BSF officers were unable to catch them and instead came across Jaharlal. The men who escaped were alleged smugglers, and the BSF officers started enquiring about them to Jaharlal.
Jaharlal replied that he had no information about them and neither does he know them. His reply made the BSF personnel furious, and they started verbally abusing him and beating him up with their rifle butts and bamboo sticks. One of the BSF personal opened fire with his pellet gun, which hit Jaharlal on his right shoulder and neck. He then fell to the ground and alleged that the BSF personnel did not stop torturing him and continuously beat him with their sticks, even while he was bleeding. Sometime later, he lost consciousness and the BSF personnel sprinkled water on his face. When Jaharlal regained consciousness, the BSF personnel left. On the same day, he was admitted at the Berhampore Medical College Hospital, but the doctors referred him to a post graduate medical institution. That evening, Jaharlal was brought and admitted at the Neel Ratan Sircar (NRS) Medical College and Hospital in Kolkata. After 29 days of treatment, the attending doctors discharged him on June 29.
The pellets are still in Jaharlal’s body and he is suffering from intolerable pain. His family members said that doctor has advised surgery, but they are unable to afford the treatment. At present Jaharlal is receiving medical attention under MASUM’s care giving programme. On June 22 Jaharlal sent a written complaint from his hospital bed to the Superintendent of Police, Murshidabad via post, but till date no action has been taken.
Reminiscent of other incidents involving the BSF, here too the victim was tortured while working on his field, possibly suspected of knowing the smugglers or being a smuggler himself. The reign of terror of the BSF continues unchecked, and there is a complete breakdown of the rule of law and institutionalized impunity. When investigating instances of smuggling, the BSF must follow due process and refrain from indulging in violence and torture.
Therefore, I hereby request you to order the Police to undertake a thorough investigation in this case and arrest the alleged perpetrators. The accused BSF officers should be suspended pending the torture enquiry. Furthermore, the government must pay compensation to Jaharlal and ensure that he gets immediate medical treatment as needed.
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. K K 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)
