ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-FUA-005-2016
May 19, 2016
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INDIA: Young man shot dead by a Border Security Force personnel in West Bengal
ISSUES:
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Forwarded Urgent Appeal: AHRC-FUA-005-2016
17 May 2016
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INDIA: Young man shot dead by a Border Security Force personnel in West Bengal
ISSUES: Use of lethal force, failure to follow due process, delayed investigation, and failure to apprehend the guilty officer
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Dear Friends,
The Asian Human Rights Commission (AHRC) wishes to forward an appeal from our partner organization MASUM in West Bengal. The appeal alleges that a young man was shot dead by Border Security Force personnel while he was trying to smuggle cattle across the border to Bangladesh.
For more information, please contact: Kirity Roy, Secretary, MASUM & National Convener of PACTI Phone: +91-33-26220844 / 0845, Email: kirityroy@gmail.com, Web: www.masum.org.in
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Young man allegedly shot and killed by BSF personnel in West Bengal
Particulars of Victim: Aktarul Sardar (deceased), son of Golak Mondal, aged about 20 years, by faith Muslim, residence at Village Doharkanda, Post Office Hakimpur, Police Station Swarupnagar, District North 24 Parganas, West Bengal, India.
Particulars of Perpetrators: One BSF jawan namely Jogandar Singh who was with the patrolling party of BSF under Bithari BOP, Company A, Battalion-76 at Padmabila No.12 Gate on 19.10.2015 at about 4 p.m.
Date & time of the Incident: On 19.10.2015 at about 4 a.m.
Place of Incident: At Padmabila No.12 Gate under the jurisdiction of Swarupnagar Police Station.
Fact Finding Details:
It is revealed during the fact finding that the victim was involved in cattle smuggling. On 19.10.2015 at about 4 a.m. the victim was trying to smuggle cattle to Bangladesh from Padmabila No.12 Gate under the jurisdiction of Swarupnagar Police Station. At that time, he received a gun shot from a BSF soldier. Subsequent to hearing about the incident, family members rescued him and took him to Basirhat Seba Nursing Home, Basirhat, and from there he was transferred to Swasti Nursing Home, Baguihati, Kolkata 59, under the jurisdiction of Baguihati Police Station. On 20 October 2015, at about 9 a.m. he passed away at the said nursing home.
The police of Baguihati Police Station registered an Unnatural Death Case vide Baguihati Police Station U.D. Case no. 144/2015 dated 20 October 2015. The post mortem examination of the victim’s corpse was held on 20 October 2015 itself at the Department of FMT Police Morgue under R.G. Kar Medical College and Hospital. In the medical records, the cause of death was recorded as ‘Gunshot Injury’.
On 21 October 2015, Mr. Hafijul Sardar, elder brother of the victim, lodged written complaint before the Officer-in-Charge of Swarupnagar Police Station, stating that his brother had sustained gunshot injury due to firing by BSF while he was trying to smuggle cattle through Padmabila No. 12 Gate. The complaint was registered as a First Information Report in Swarupnagar Police Station, case no. 988/2015 dated 21.10.2015, under Section 302 of the Indian Penal Code. The said FIR was registered against unknown BSF personnel, i.e. the accused. It is revealed during the fact finding that the investigation of the case is pending but the Investigation Officer has not achieved any breakthrough to allow for the arrest of the accused BSF personnel.
It is further revealed during the fact finding that the police of Swarupnagar Police Station did not receive any complaint from the side of Border Security Force in relation to the incident. It is also revealed during the fact finding that SI Ganesh Halder of Swarupnagar Police Station has sent an enquiry report to the Officer-in-Charge of Baguihati Police Station in relation to the death of the victim. In the report it is ascertained that during enquiry it was revealed that the Border Security Force shot the victim on 19 October 2015 at 4 a.m. while he was trying to smuggle cattle to Bangladesh. In the report, the police officer also submitted for preservation of foreign articles that may be traced inside the body of the victim, and videography of Post Mortem examination and Magisterial Inquest.
The fact finding shows that the victim was shot by a BSF jawan, namely Jogandar Singh, who was with the patrolling party of BSF under Bithari BOP, Company A, Battalion 76 at Padmabila No.12 Gate on 19 October 2015 at about 4 a.m.
The victim died, leaving behind his aged parents, wife, and a minor son. The family alleged that the BSF personnel murdered the victim and they also alleged that the police of Swarupnagar Police Station, though they have registered a criminal case against the BSF personnel, have not shown any inclination to apprehend the accused BSF personnel. The family has stated that they are subject to abject poverty due to the sudden demise of the victim.
The right to life and equal protection before the law of the victim has been violated by the accused BSF. The incident reveals that the BSF is not inclined to follow the ‘NON LETHAL’ policy. The illegal practice of summary execution by BSF, instead of bringing the alleged criminals before the court of law, is shown in this case. The BSF, being a law enforcement agency, has also violated India’s international obligations stated in Article 6 and 7 of ICCPR and Article 2,3,5,6, and 8 of Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979 and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
Therefore, I seek your urgent intervention in this matter with the following demands:
• The whole matter should be enquired into by an independent agency.
• The investigation of the criminal case registered against BSF should be handed over to the Criminal Investigation Department (CID), West Bengal.
• Though BSF has declared, in public, that no lethal weapon will be used at the Indo-Bangladesh border, this is another instance of firing without alarming and killing its own citizen. http://articles.economictimes.indiatimes.com/2014-08-03/news/52385736_1_indo-bangla-border-bsf-dg-border-areas
• The accused BSF personnel should be apprehended forthwith, and if there indeed seems to be evidence pointing in their direction, they must be prosecuted in ordinary court of law.
• The guidelines issued by the Commission in the case of extra-judicial killings should be followed in this case and necessary action must be taken in compliance.
• The family of the victim must be provided with adequate compensation.
Thanking you,
Yours truly,
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
Please send your appeals to:
The Chairman,
National Human Rights Commission,
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA,
New Delhi- 110023
Thank you.
Urgent Appeals Programme
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)