INDIA: Two minors allegedly shot dead by the Indian Border Security Force

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the MASUM, a human rights organization in West Bengal, India, regarding the alleged murder of two minor boys by the Border Security Force (BSF) stationing in Murshidabad district, West Bengal, India. According to the information received, Asif Iqubal, aged 13, and Sahin Sk., aged 15, were allegedly taken into custody by the BSF and shot at close range on 1 April 2007. It is alleged that the boys who are students of Katlamari High School were trying to take two cows across the Indo-Bangladesh border when they were spotted by the BSF and allegedly shot on the spot.

The AHRC is deeply concerned about the increasing number of arbitrary killings by the BSF reported from the Indo-Bangladesh border. In the past several months the AHRC has documented at least a dozen cases of alleged arbitrary execution by the BSF stationing at the Indo-Bangladesh border. For further information please see UA-087-2007, UA-072-2007, UA-249-2006, UA-244-2006, UA-225-2006, UA-184-2006, UA-174-2006, UA-146-2006, UA-217-2005, UA-159-2005, UA-18-2005 and UA-173-2004.

CASE DETAILS:

The AHRC is informed that Asif Iqbal, son of Asmat Sk. and Sahin Sk. son of Jalil Sk. are the residents of Ramnagar Para within the jurisdiction of Raninagar police station in Murshidabad district, West Bengal state and were students of the Katlamari High School.

Asif Iqbal, aged 13, and Sahin SK, aged about 15, are are the residents of Ramnagar Para within the jurisdiction of Raninagar police station in Murshidabad district, West Bengal state and were students of the Katlamari High School. They come from a socially and economically backward community in Murshidabad district and were struggling to find finances for their study. To find some extra income hey were working as a “cowboy” to cover their education cost.

In Murshidabad district, there are traders of cattle who illegally trade cattle across the Indo-Bangladesh border. Usually the trade is carried out with the blessings of the local politicians and criminals and the BSF officers stationed in the area. Often this illegal trade is left unreported and the BSF officers, local police, politicians and the traders make money risking the life of poor peasants who owing to extreme poverty in the area agree to take cattle across the border, often at night.

The BSF is stationed at the Indo-Bangladesh border to prevent illegal infiltration and also to prevent illegal cross-border trade. However, they allow the illegal trade and also human trafficking across the border, provided they are paid off. But in certain occasions the BSF take into custody some of the merchandise and also the accompanying persons for the records and produce them at the local police station. However in certain occasions they murder the persons captured in case they feared that they would expose the involvement of the BSF in the illegal traffic.

It is alleged that Asif and Sahin were hired by one smuggler for passing two cows from Indian side to Bangladesh in exchange of only Rs 200/- (nearly 4.5 USD). It is also alleged that the personnel of 140 Battalion posting at the Kaharpara Border Out Post were bribed Rs 5000/- (nearly 111USD) to ignore such illegal trade.

However, Asif and Sahin were reportedly spotted by the BSF while they were attempting to take the cattle across the border on 1 April 2007. It is alleged that when the boys were about 4 kilometers close to the International Border Post within the Indian Territory the BSF Commandant approached them in his vehicle along with his officers and ordered his officers to take the boys into custody. However, the boys, soon after they were taken into custody, were allegedly shot at by the BSF officers, probably killing them instantly.

After the alleged murder, the bodies were brought to the Raninagar police station and kept without being examined by a medical doctor for hours. Later the BSF filed a case at the police station against the boys under Sections 147 , 148 [rioting, armed with deadly weapon], 149 , 186 , 353 and 307 of the Indian Penal Code. The Raninagar police station case number is 57/2007 dated 2 April 2007. The BSF also produced at the station a dead cow and a blunt sickle.

According to the Indian law, a magisterial inquiry must be conducted in every case of death in custody. However in this case no magisterial inquiry was conducted and the bodies were sent to Lalbagh Sub Divisional Hospital for postmortem examination. It is alleged that Sahin was shot at behind his left ear and Asif was shot at the chest.

BACKGROUND INFORMATION:

This is not the first case the AHRC is reporting about the extra-judicial killing carried out by the BSF in the Indo-Bangladesh border. For further information please see UA-087-2007, UA-072-2007, UA-249-2006, UA-244-2006, UA-225-2006, UA-184-2006, UA-174-2006, UA-146-2006, UA-217-2005, UA-159-2005, UA-18-2005 and UA-173-2004. In all these cases people were allegedly shot at by the BSF and brought to the local police station and the murdered were charged with a crime with similar sections as they have done in this case too. The local police never cared to investigate the case resulting in the BSF enjoying complete impunity.

As evident from the facts of this case there is possibly no justifiable reason for the BSF to shoot at two minor boys, whatever be the crime they might have been engaged with. The BSF being a paramilitary unit of the Indian defense force have no excuse to shoot to kill two boys even if they were armed with a blunt sickle. The incident depicts the causal manner in which the BSF kills people in the locality. This is a reflection of the impunity the BSF enjoys in the locality.

Right to life cannot be denied to any person and is a fundamental right under the Indian Constitution and an inalienable human right. There is no law in India that justifies killing of people by the armed forces. There is equally an absence of law regarding prosecution of law enforcement officers in case a person in killed in custody. Even the primary requisites to ensure a fair investigation into such instances do not exist in India. The BSF being a paramilitary unit the inquiry into the incident is often limited to a departmental inquiry conducted by an immediate superior officer where neither the victim nor the relatives of the victim and even an independent witness have a role to play. Such inquires conducted within the four quarters of the BSF is a farce. Letters of concern mailed to the superior officers of the BSF concerning earlier instances of murder has not generated any result in the past. What the BSF does in their jurisdiction is duplicated by the local police within their jurisdiction as encounter killings. This callous attitude of murdering suspects to avoid all further complications has resulted in an ever increasing number of extra judicial killings in India.

SUGGESTED ACTION:
Please write to the relevant local authorities listed below and demand a fair and impartial investigation by independent agents into this case. Please also urge them to ensure that the victims’ families receive interim compensation.

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