INDIA: Yet another person shot dead at the Indo-Bangladesh border

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-272-2007
ISSUES: Extrajudicial killings, Police negligence, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation based in West Bengal regarding the death of yet another person at the Indo-Bangladesh border in West Bengal. In the past year, the AHRC has reported 10 cases of extrajudicial killing by the Border Security Force [BSF] stationed at the Indo-Bangladesh border. None of these cases were enquired into by the local police.

CASE DETAILS:

Mr. Jahangir Gazi, son of Mr. Harez Gazi was a villager aged about 45 years living in Bemglani village in 24 North Parganas district of West Bengal. On June 8, 2007 at about 5:00pm Jahangir left home to visit his brother’s in-laws. They live about 3.5 kilometers away from Jahangir’s house. Jahangir was expected to return on the same day by night.

Finding that her husband had not returned even after midnight Jahangir’s wife informed her husband’s brother that Jahangir has not returned home, though he had promised so. Mr. Kabir, Jahangir’s brother informed Jahangir’s wife that Jahangir might have stayed back for the night. The next day Kabir visited his in-law’s house and was informed by them that Jahangir had not visited them at all. Finding that his brother was missing Kabir lodged a complaint at the Swarup Nagar Police Station stating that his brother was missing.

Later that day Kabir came to know that a person was shot at by the BSF in a place called Hathisigria. Hathisigria is about 1.5 kilometers away from the house which Jahangir was supposed to visit the previous night. Kabir also came to know that the local police have visited the place. Kabir rushed to the scene and came to know that the person killed was his brother.

Kabir was informed by his brother was shot at while he was engaged in smuggling across the Indo-Bangladesh border. Kabir returned home and informed his family and the sister-in-law what had happened. He later went to the Swarup Nagar Police Station to lodge a complaint against the BSF. The police however refused to register the complaint.

On June 9, 2007 Mr. S. C. Gangaur, the Deputy Commandant of the BSF battalion lodged a complaint at the Swarup Nagar Police Station that on the same day during the early hours his troops had to return fire at the Bangladesh Rifles [BDR – is the Bangladesh paramilitary unit] since they fired at the BSF to cover an unknown person who was trying to smuggle materials across the border into Bangladesh from India. The officer also stated that the unknown person, now suspected to be the smuggler, and a bull was killed in the crossfire.

Based on this complaint a First Information Report (FIR) was registered at the Swarup Nagar Police Station regarding the firing incident and yet another case for un-natural death regarding the death of Jahangir.

MASUM’s fact finding however reveals that it is very difficult as of now to say how Jahangir died. MASUM alleges that unless the projectiles from Jahangir’s body are recovered and examined by a ballistic expert one could not ensure whether Jahangir was in fact killed by a shot fired by the BSF or the BDR. In either case as of now there is only evidence to show that Jahangir was killed in the early hours of June 9, 2007. It is yet to be known whether Jahangir was in fact involved in smuggling or whether he was killed under any other circumstances.

The AHRC has in the past brought to the attention of the Indian authorities several instances of atrocities committed by the BSF in the Indo-Bangladesh border area. Jahangir’s killing is yet another incident that adds to the death toll. 

SUGGESTED ACTION:
Please send a letter to the relevant authorities in India requesting them to inquire into this case to find out the facts behind Jahangir’s death. We also urge you to request the Indian authorities to ensure that several other cases brought to their notice regarding the atrocities committed by the BSF is also enquired into without any further delay. The AHRC is also writing separate letters to the United Nations Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, Mr. Philip Alston, requesting an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

INDIA: Please ensure an impartial and immediate enquiry into the killing of a person in Indo-Bangladesh border

Name and address of the victim: Mr. Jahangir Gazi, aged about 45 years, son of Mr. Harez Gazi, resident of Bemglani village, Hatas Gunj post, 24 North Parganas district, West Bengal
Alleged perpetrators: The members of the Border Security Force, ‘G’ Company, Battalion number 193, West Bengal
Date and place of the incident: About 3:10am on June 9, 2007 near Indian border post number 13/4, R-15 Arshikary Border Out Post, 24 North Parganas district, West Bengal

I am concerned to know about yet another case of extrajudicial killing reported from the Indo-Bangladesh border region in west Bengal state. I am informed that the victim name above, Mr. Jahangir, was killed on June 9, 2007 at the Indo-Bangladesh border near the R-15 Arshikary Border out post, allegedly in crossfire between the Border Security Force and the Bangladesh Rifles. However, Jahangir had left his home late in the evening the previous day informing his wife that he was going to visit his relatives.

I am concerned to know that even though the brother of the deceased Mr. Kabir tried to lodge a complaint against the BSF at the Swarup Nagar Police Station, the police have thus far refused to register a case, but have instead registered only a case of unnatural death based on the complaint of the BSF officers.

I am concerned to know about the increasing number of instances of rights violation and extrajudicial killing reported from the Indo-Bangladesh border, particularly those committed against innocent civilians in the name of cross-border smuggling. I am worried whether Jahangir was also murdered by the BSF in yet another fake encounter, which has now become alarmingly common in the area.

I therefore request you to immediately order an impartial investigation into the case and bring to light the circumstances under which Jahangir was murdered. In case the BSF officers are found to be guilty of murdering Jahangir, the concerned officers must be punished and the family must receive compensation for Jahangir’s death.

I also urge you to order similar inquires that has been brought to your notice by the Asian Human Rights Commission or MASUM regarding incidents involving the BSF stationed at the Indo-Bangladesh border.

I trust that you will take action in this case.

Yours sincerely,

———————–

PLEASE SEND LETTERS TO:

1. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 22145480/ 22141341

2. Mr. Ajay Raj Sharma
Director General BSF
Block 10, CGO Complex
Lodhi Road
New Delhi -03.
Fax: +91 11 24360016
Email: bsfhq@hub.nic.in

3. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328

4. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

5. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : UA-272-2007
Countries : India,
Issues : Extrajudicial killings, Police negligence, Police violence,