The Asian Human Rights Commission (AHRC) has received shocking information from MASUM, a human rights organisation in West Bengal, that a torture victim and her family have been threatened by an intelligence officer from the Border Security Force (BSF) subsequent to the AHRC issuing an urgent appeal on the case. The AHRC is again calling for intervention to stop the attempts to intimidate the family into silence.
As we described in our previous appeal, Firoza Bibi was tortured on 6 July 2006 by a team of 13 officers from the 140 Battalion of the BSF stationed at Dayarampur in Murshidabad after they raided her house at night. Firoza was admitted to the Sadikhan’s Dearh Rural Hospital in Jalangi, Murshidabad the next day, July 7, while her husband filed complaints at the Jalangi police station, and to a higher officer.
After MASUM took up the case and notified the AHRC, an urgent appeal was issued on August 18, and letters sent to the BSF director general and other government officials.
In response, at about 5pm on August 21 the family was visited by Abdesh Kumar, an intelligence officer with the 140 Battalion, came to the house. The only person at home was Sakat Biswas, Firoza’s brother-in-law. The officer told Sakat his identity and threatened the family to sign documents to state that they had no complaint about what happened on July 6. According to Sakat, he said that he should “keep in mind that you are staying in the border area under our control; nobody quarrels with the crocodiles when they are in the water”.
The family has refused to sign the documents, but are now greatly afraid for their lives. This is for good reason. The AHRC has in the recent past reported on the BSF’s reign of terror along the India-Bangladesh border, including the incidence of torture and murder by its personnel. Some other recent cases include: UA-173-2004; UA-18-2005; FA-04-2005; UA-79-2005; UA-159-2005; UA-217-2005; UA-146-2006; UA-174-2006; UA-184-2006; UA-225-2006; UA-244-2006; UA-249-2006 and UP-156-2006. Thus far not a single criminal case has been registered against any BSF officers for torturing or murdering people, despite many complaints being lodged against its personnel.
ADDITIONAL INFORMATION:
The BSF is a paramilitary unit based on India’s borders. Its deployment is intended to reduce illegal immigration, smuggling and trafficking of arms, drugs, women and children. In fact, the BSF is often accused of being behind all of these activities. Victims of BSF attacks are often witnesses to their alleged illegal actions or small farmers protesting damage to crops and agriculture due to the movement of cattle across the border: see for instance, UA-174-2006. BSF officers also file false criminal charges against victims and complainants. Even young children have not been spared: see for instance, UA-225-2006.
When there is a case of torture or death for which the BSF is responsible, the local police invariably refuse to take action. Even if a complaint is registered after much pressure and persuasion, it is not investigated. The police give the excuse that the Criminal Procedure Code prohibits courts from taking cases against officers in certain circumstances where they have done their lawful duty. But still the police have an obligation to lodge a complaint and let a court decide. Similarly, the police say that the BSF has its own internal procedure to discipline officers. However, this procedure is not transparent and may result in demotion or dismissal of the accused person at most: see for instance, UA-244-2006. It also does not result in the payment of any compensation to the victim or family.
India has not ratified the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. Its government says that it does not need to join the treaty because the country’s laws are adequate to prevent torture and other inhumane treatment. However, it is obvious from the numerous cases documented by the AHRC and others that this is not true. The absence of an effective law against torture is exploited by the police, BSF and others with impunity.
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SAMPLE LETTER
Dear ___________,
Re: INDIA: BSF-140 Battalion threatens victim and family in Murshidabad, West Bengal for complaining about torture
Name of victim: Firoza Bibi, wife of Aiaz Biswas, residing at Dayarampur village, Jalangi police station, Murshidabad district, West Bengal, India
Alleged perpetrators:
1) Mr. Abdesh Kumar, Intelligence Branch officer, Border Security Force-140 Battalion, stationed at Dayarampur Border Security Force Camp, Murshidabad district, West Bengal, India
2) One Company Commandant and 12 subordinates BSF-140 Battalion
Place of occurrence: Residence of the victim
Date of Occurrence: 21 August 2006
I am appalled to learn that in response to an earlier complaint of torture by Firoza Bibi and her family named above, followed by worldwide concern, Abdesh Kumar, an intelligence officer from the Border Security Force-140 Battalion, came to the house of the victim with the intent to coerce her into signing documents denying any complaint.
According to information I have received, Kumar came to the house at around 5pm on 21 August 2006 and threatened the one family member present that they would face dire consequences if they did not withdraw their complaint or sign documents stating that they do not have any complaint against the BSF for the atrocious acts committed by them against Bibi on 6 July 2006. Kumar is reported to have
I am informed that Abdesh was sent by his commanding officer and threatened the family that they were under BSF control, adding that “nobody quarrels with the crocodiles when they are in the water”.
I am aware that a complaint was lodged against the BSF-140 Battalion by Bibi’s husband on July 7, as she was hospitalised at the time (Jalangi police station; General Diary Entry number 445). On July 8, he also lodged a written complaint to the Sub Divisional Officer (SDO) of Domkal. However, the local police have allegedly taken no interest whatsoever in the case.
I am very worried about the safety of this family. I urge you to take all necessary precautions to ensure that they are safe and not threatened by your personnel or people working on their behalf. I also urge you to take all possible actions so that there can be an impartial inquiry leading to prosecutions and punishment as necessary.
I am also deeply concerned about the growing number of alleged killings and other gross abuses by BSF officers in Murshidibad district in West Bengal, including the alleged murder of
1) Saifuddin Sk., about 32, formerly residing at Sarandajpur village, Katalamari post, within the jurisdiction of Raninagar police station, on 1 June 2006 at Sarandajpur village.
2) Mintu Molla, 17, son of the late Mahotab Sarkar, Jabbar Hussein Sarkar, 22, son of Najrul Hussein Sarkar, both of Saheb Nagar Panchayat under Raninagar police station, and Mithun Sarkar, 14, son of Nripendra Nath Sarkar, all in Harudanga village on 8 June 2006.
3) Musaruddin Molla, 17, son of Enamul Molla, on 22 May 2006 near Taltala outpost 1.
4) Bagbul Islam Mondal alias Bagbul Sk., son of the late Khalilur Mondal, Kalbali Tala village, Jinnatpara under Raninagar police station on 12 May 2006 at Harudanga Village.
5) Abhilash Mondal, about 31, formerly residing at Harudanga under Raninagar police station; Babu Mondol of Dayerpara Village; Sainuddin Dafadar, son of Nasir; and Rabil, alias Rabiul SK, about 23, of Vagjot village under Doulatpur police station in Kustia district, Bangladesh on 17 April 2006 near Outpost-1 of Harudanga camp; Sainuddin Mondal, 23, son of Aseruddin of Muradpur, Jalangi suffered serious injuries in the same incident.
There are other similar cases from neighbouring districts that in recent times have also been brought to my attention, in addition to torture and assault cases from areas where the BSF is operative. Yet, I am not aware of a single case that has been investigated properly, despite all of them having been brought to your notice.
I request that you take appropriate measures to ensure that investigations and prosecutions follow in all of these cases, and that compensation by paid to the families.
In conclusion, I note that BSF Director General Asish Kumar Mitra has declared in a message posted on the BSF website that he is concerned for the families and people whom the BSF is supposed to protect. He has called upon his field commanders to provide direction and leadership to their subordinate officers so that the quality of their service and discipline is not compromised at any cost [see http://bsf.nic.in/message.htm]. For so long as killings, torture and intimidation by the BSF continue unchecked this will remain empty rhetoric. The director general, I am sure will understand, has command responsibility for the actions of his subordinates. It is not possible to avoid this responsibility by nice messages or pleading ignorance.
I therefore trust that this matter will be taken seriously and that steps will be taken to end the impunity enjoyed by the BSF officers and to restore the faith of the people in the government.
Yours sincerely,
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Please send letters to:
- Mr. Ashish Kumar Mitra
Director General
Border Security Force
B-10, CGO Complex, New Delhi
INDIA
Fax: +91 11 24361794
Email:bshq@bsf.delhi.nic.in
- Mr. Shivraj Patil
Home Minster
Home Ministry
North Block, New Delhi
INDIA
Fax: +91 11 23093750
Email: websitemhaweb@nic.in
- Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail:chairnhrc@nic.in
- Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 2214 3001
Email:sechome@wb.gov.in
5. Prof. Philip Alston
Special Rapporteur on extrajudicial, summary, or arbitrary executions
Attn: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general) (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
