INDIA: BSF torture a man to death and then bribe the victim’s family to ensure their silence

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by MASUM, a local human rights organisation in West Bengal that the Border Security Force (BSF) personnel of Battalion No.90, E Company stationed at the Bamnabad Border Security Force Camp arrested and tortured a man to his death. It is reported that to keep silent about the incident the officers later paid the family INR 3,000 (USD 70)) and also gave monthly supplies of rice, and promised a job in the BSF to the eldest son in the family.

CASE DETAILS:

On May 3, 2008 two men, Mr. Dwijen Mondal, son of Mr. Hridoy Mondal, and Mr. Susanta Mondal, son of Mr. Rampada Mondal, Bamnabad village, went to the river Padma in Murshidabad district.

Personnel from the Border Security Forces (BSF) – Bamnabad Camp, Battalion No.90, E Company – were patrolling this part of the river.  When they heard sounds from the river the BSF approached the men in a motorboat.

Being afraid, Susanta was able to run away but Dwijen was not and tried to hide himself in the water and swim away. The BSF officers were eventually able to take Dwijen to Out-Post No.3, Point D, where they began assulting him.

A witness to the confrontation, Mr. Lal Bahadu alias Lala, son of Mr. Mannan Seikh, who lives on the banks of the river Padma told MASUM that he heard noises coming from the riverside.  He alleges that he heard someone shouting orders in Hindi: “Shir me mar, shir me mar”, which means “strike on the head”.  He states that this commotion went on for an hour until the BSF were successful in catching Dwijen.  After they took Dwijen out of the river, Mr. Lal confirmed that he heard the sounds of someone screaming and shouting “O-bap, o-bap”, which means “Oh father! Oh father!” After some groaning noises he heard nothing more.

The following morning, on May 4, the victim’s family were informed about the incident and Dwijen’s eldest son, Mr. Ranjit Mondal, went to see his father at the BSF camp. Two men, Mr. Sekendar Seikh, son of Mr. Ajer Seikh from Jagirpara village, and Mr. Amal Kumar Mondal of Pollagari village, went with him.

Mr. Sekender and Mr. Amal reportedly witnessed the victim’s death in BSF custody.  Sekendar confirmed that when they arrived at the BSF camp Dwijen was badly hurt and could not sit properly as his legs were tied with chains. (Photo 1: Injuries to Dwijen’s legs).  Dwijen told his eldest son and the two men that he had been hung from a tree and his hands were tied with a chain. He then requested some water and after the BSF officers gave him water he is alleged to have fallen to the ground and died.

On the same day at 10:30am a vehicle arrived from the Rajanagar BSF Camp and took the dead body in the car. At 11am it returned to Rajanagar camp. At this time Mr. Nikhi Mondal, son of late Nitai Mondal, from Bamnabad village telephoned Raninagar Police Station but the police did not respond.

MASUM contacted the Superintendent of Police at Murshidabad and at 11:35am the Sub-Divisional Police Officer at Domkal, Mr. Mohan Bangshi Haldar; Officer-in-charge of Raninagar Police Station, Mr. Sunayan Basu; Sub-Inspector of Police of Raninagar Police Station, Mr. Pradip Biswas, all reached Border Out-Post No.3.

They were greeted by a large number of angry villagers who became increasingly agitated. The victim’s wife, Mrs. Sulekha Mondal, was accompanied by 50 to 60 women and was about to attack one of the BSF officers with a bamboo stick before the Officer-in-Charge, Mr. Sunayan Basu, took it from her. The BSF officers at the camp allegedly raised their riffles towards the villagers but as this did not deter them the BSF officers were forced towards the river from Border Out-Post No.3.

Overwhelmed by the situation Mrs. Sulekha Mondal fell unconscious and Mr. Nikhil Mondal, accompanied by a number of the women, tried to help her recover and sprinkled water on her head. As this was occurring the Sub-Divisional Police Officer, Mr. Mohan Bangshi Haldar, asked to see the Entry Book of the Border Out-Post but was refused. This caused further anger amongst the villagers and they set alight five of the Border Out-Posts. (Photo 2: Villagers take bamboo from Border out-post; Photo 3: Burning Border out-post’s).

At 1:14pm of the same day, Mr. Mohan and Mr. Sunayan left the area as they were not receiving any response from officials at the BSF. At 1:30pm the Officer-in-Charge of Jalangi Police Station, Mr. Subir Pal, arrived at the place of incident.  The Sub-Divisional Police Officer, Mr. Mohan Bangshi Haldar, told Mr. Nikhil Mondal from Bamnabad village and one of the victim’s relatives, Mr. Sushil Mondal to go to Rajapur panchayat office so that they could discuss over the matter.

The MASUM fact-finding team was informed on their way to Rajapur panchayat office that the deceased victim was at Raninagar Police Station and that an Executive Magistrate intended to complete the inquest procedure. They arrived at the police station at roughly 2pm.

The following attended the meeting at Rajapur Panchayet Office:
1. Father of deceased victim, Mr. Hridoy Mondal
2. Uncle of deceased victim, Mr. Sailen Mondal
3. Sub-Divisional Police Officer of Domkal, Mr. Mohan Bangshi Haldar
4. Sub-Divisional Officer of Domkal, Mr. Meghnad Dey
5. Executive Magistrate of Sub-Divisional Office, Mr. Mihir Ranu
6. Staff of Sub-Divisional Office, Mr. Biswanath
7. Officer-in-Charge of Raninagar Police Station, Mr. Insaf Ali
8. Candidate of Communist Party of India (Marxist) for Zilla Parishad, Mr. Naba Kumar Mondal
9. Candidate of Forward Block for Panchayet Samity, Mr. Nikhil Mondal

Mr. Meghnad Dey, the Sub-Divisional Officer ordered Mr. Insaf Ali, as Officer-in-Charge of Raninagar Police Station to look after the case with great importance and to take proper action in accordance with the law. Mr. Insaf Ali stated that as the villagers had burnt the Out-Post points which was government property they would have a case filed against them. Mr. Nikhil Mondal contended that the border posts were made by the local people for the benefit of the BSF so were not government property.

Furthermore, Mr. Meghnad Dey responded by maintaining that the BSF had tortured a man and he had died in their custody which provoked the angry villagers so he could not see on what grounds he could make a case.

Mr. Mrinal Kanti Haldar, the Block Development Officer (BDO) Raninagar-I, telephoned Mr. Meghnad Dey to discuss the inquest.  He was informed by Meghnad to begin the inquest proceedings but to examine the whole procedure critically and warned him not to be careless.

Meghnad then informed the father of the victim, Mr. Hridoy Mondal that someone from the family should be present at the Lalbagh Sub-Divisional Hospital at the time o f inquest. The victim’s uncle, Mr. Sailen Mondal, volunteered to go and the Executive Magistrate of Sub-Divisional Officer drove him to the hospital.

At Lalbagh Sub-Divisional Hopsital the body of the victim was lying on a wooden bed facing upward.

Those present at the inquest were: (Photo 4: The inquest)
1. Mr. Mrinal Kanti Haldar, Block Development Officer, Raninagar-1
2. Dr. Utpal Chowdhury
3. Mr. Pradip Kumar Roy, Circle Inspector at Domkal
4. Mr. Rajat Das, Sub-Inspector of Police of Raninagar Police Station
5. Mr. Sanjay Biswas, Officer-in-Charge of Islampur Police Station
6. Mr. Mihir Ranu, Executive Magistrate of Sub-Divisional Officer
7. Mr. Sailen Mondal, Uncle of the deceased

After completion of the inquest the BDO, Mr. Mrinal Kanti Haldar gave a form to Mr. Sailen Mondal, the uncle of the deceased to sign. The MASUM fact-finding team requested Mrinal to record the statement of the victim’s family.

It was noticed at the time of inquest that there were some black spots over the victim’s body, particularly the throat and neck which were also swollen. There were some bruise marks on the legs and some prominent dark spots on the back of the victim. Mr. Rajat Das, the Sub-Inspector noted that these were boot marks. Further broader black marks were noted on the chest of the victim as being from the handle of a rifle.

At 9:30pm the Officer-in-Charge of Raninagar Police Station Mr. Sunayan Basu came to the victim’s house at Bamnabad village and told the family members that a Judicial Magistrate was at the police station and that they were to come and meet with him. The victim’s two sons, daughter, father, uncle and cousin, Mrs. Basanti Mondal, went to the police station. The Magistrate asked the family for statements.

The name of the Magistrate is unknown and neither the statements nor a copy of the First Information Report (FIR) were supplied to the victim’s family. Personnel from the BSF have been trying to negotiate a settlement with the victim’s family and have maintained contact with Mr. Mamun Kabir, a member of the local Gram Panchayat.

Also on the 4 May at 7pm Mr. Gurpal Singh, the Commanding Officer of the BSF, Battalion No.90 telephoned Mr. Mamun Kabir whilst he was in the presence of the MASUM fact-finding team. He was overheard saying into his mobile “Halat bahut kharap hai”, which means “situation is very bad”. That evening all of the officers of the Bamnabad BSF were transferred and a new team of personnel was sent.  Mr. Mathew, Sub-Inspector of the BSF was responsible for this and continuously negotiated the matter.

The MASUM fact-finding team discovered that most of the officers present at the BSF camp when Dwijen Mondal was brought there had beaten the victim, resulting in his death.  This incident caused the District Intelligence Bureau from Company Head Quarters in Rajanagar to travel to the BSF camp at Bamnabad.  He issued orders to seal the border area and all out posts from 12pm and that no person should be allowed to cross the border in this area.

The Disposal Order of Lalbagh Sub-Divisional Hospital revealed that Raninagar Police Station had registered a case of unnatural death: Unnatural Death Case No.05/08, dated May 4, 2008.  The post-mortem was noted as having been carried out on the May 5, 2008, Post Mortem No.147.  The cause of death was not mentioned in the Disposal Order of Lalbagh Sub-Divisional Hospital.

MASUM has been informed that due to the influence of some local political leaders of the Communist Party of India (Marxist) on the victim’s family they have withdrawn their case against the BSF.  Furthermore, Mr. Gurpal Singh, Commanding Officer of BSF, Battalion No.90; Mr. Rajat Das, Sub-Inspector of Raninagar Police Station; Mr. Mohan Bangshi Halder, Sub-Divisional Police Officer of Domkal, have been sending the victim’s family INR 3,000 (USD 70) and one sack of rice every month, and have pledged to give the deceased victim’s son a job in the BSF.

ADDITIONAL INFORMATION:

Dwijen Mondal’s family are poor and suffered further hardship when they lost some landed property due to the erosion by the river Padma. His only livelihood is fishing in the river. The family’s poverty makes then particularly vulnerable to pressure from local politicians and the BSF, particularly bribes consisting of food and money. Low expectations of the legal system to obtain justice may also have caused them to withdraw their complaints against the BSF.

The Asian Human Rights Commission has many Urgent Appeals regarding the actions of the BSF, please see: AHRC-UAC-179-2008, AHRC-UAC-165-2008, AHRC-UAC-084-2008, AHRC-UAC-080-2008, AHRC-UAC-046-2008, AHRC-UAC-003-2008, UA-314-2007, UA-272-2008, UA-251-2007, UA-157-2007, UA-110-2007 and  UA-072-2007. There is a persistent trend for the BSF to ‘settle’ the consequences of their actions against civilian populations through offers of money, or frequently intimidation and threats to life, in order to prevent a recourse to legal means for obtaining justice and securing punishment.

Article 21 of the Indian Constitution enshrines the fundamental right to protection of life and personal liberty: ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. The severe torture and subsequent death of a man in BSF custody is clearly not ‘procedure established by law‘ as set out in either The Code of Criminal Procedure, 1973 (Cr.PC) or The Border Security Force Act, 1968 (BSF Act) or in the Border Security Force Rules, 1969.

The Cr.PC of India where it deals with the procedure of arresting a person in Section 46(3) states that: ‘Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life’; and section 49 of the Cr.PC mandates that: ‘The person arrested shall not be subjected to more restraint than is necessary to prevent his escape’. Dwijen Mondal was purportedly tied by his hands around a tree and left hanging whilst members of the BSF beat him with their boots and rifles butts.

The arrest and custody of a civilian by a BSF officer is not dealt by the BSF Act or Rules. These are procedures overlooked by the Cr.PC, and explained further in the notifications and orders issued by the Defense Department and the Ministry of Home Affairs. One such order issued by the Ministry of Defense is issued on August 3, 1974 detailing the functioning of the BSF officers then stationed in States of Jammu and Kashmir, Punjab, Gujarat, West Bengal, Assam and the then Union Territory of Tripura. Tripura was later declared as a full state and the BSF was deployed in more areas in India.

In any case the BSF stationed anywhere in India is not above the mandates prescribed in the Cr.PC concerning arrest, detention and questioning of suspects. The BSF officers are bound to follow the procedures laid down in the Cr.PC and also follow the mandates issued by the Supreme Court of India concerning the issue. However, the problem in cases involving the BSF is that the local police who is to take actions on complaints lodged by the civilians against officers stationed in paramilitary units like the BSF, fails to take any steps upon a complaint lodged by individuals against the BSF officers. This is partly because of the fear the local police entertain against the BSF and also because the local police also is engaged in corruption.

The BSF Act and Rules also provide for actions to be initiated against the BSF officers who breach their own code of conduct. For example Section 22(b) of the BSF Act says: any person who ‘uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer‘ upon conviction by a Security Force Court shall be sentenced for imprisonment for a period of ten years. However, as it is evident from this case, in most cases involving the BSF committing atrocious acts against the ordinary civilians, the chances of an officer’s conduct investigated and tried in a Security Forces Court is minimal.

India is a signatory to the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment (CAT) and in the absence of any strong guidelines in the BSF Act and several other domestic legislations should act to ratify this convention as soon as possible.

Furthermore, India should follow international guidelines from the UN in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the Standard Minimum Rules for the Treatment of Prisoners which protects the non-derogable human rights of a person, and represents the minimum of what is accepted by the UN and the international community.

SUGGESTED ACTION:

Please write to the authorities listed below calling for an independent enquiry into the incident and further to ensure punishment for the BSF officers responsible for torturing and murdering Dwijen Mondal. The victim’s family must be provided with interim support by government pending a final decision in this case. The witnesses to the incident also must be provided adequate protection and their statements recorded by a competent authority as early as possible.

The AHRC has sent a separate letter to the UN Special Rapporteur on torture and other cruel, inhumane or degrading treatment or punishment.

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