The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about two cases of alleged ill-treatment by Border Security Force (BSF) soldiers in West Bengal, namely the cases of Mr Ajibor Gaji, aged about 26 years old from Amudia Village, in North 24 Parganas district, and Mr Majim Sardar, aged about 46 years old from Char Sahebnagar village, in Murshidabad district.
According to the information received, on 21 July 2012 at about 11:00 pm, Mr Ajibor Gaji, a daily wager earner, was returning home with his cows by crossing the ground of Amodia Primary School, near Amodia Gate no. 1, when eight BSF soldiers from Amodia BSF Out-Post, Battalion no. 152, detained him. One of the BSF soldiers, about 30 years old, started to beat Mr Ajibor Gaji with a stick on his face, forehead and ears and then on his back, legs and chest with a riffle but. Other five soldiers also started to beat him with sticks and riffles all over his body. It is reported that a BSF officer from the intelligence unit witnessed the beating from a short distance but did not intervene. Mr Ajibor Gaji was then taken to Amodia Camp in a BSF van. He was only released when neighbours came to the camp and paid the aforementioned BSF intelligence officer some money. He was then brought to a local doctor for a medical examination and treatment. Mr Ajibor Gaji reportedly suffered swellings and bruising on different parts of his body.
Mr Ajibor Gaji lodged on 26 July 2012 a written complaint to the Sub Division Police Office, Basirhat, North 24 Parganas, to denounce the aforementioned events. To date, there has been reportedly no investigation carried out into the aforementioned events.
According to the same information received, on 23 June 2012 in the evening, Mr Majim Sardar, a farmer, was returning home from Seikhpara when about eight BSF soldiers from Kaharpara BSF Out-Post, Battalion no. 92, detained him on the Kaharpara Iron Bridge without giving any reason. The BSF soldiers allegedly started to kick Mr Majim Sardar until he almost lost his senses. He was taken to Raninagar Police Station but the on-duty police officer reportedly refused to take him in custody. The BSF soldiers then took him to Kaharpara BSF Camp where he was detained for three days without charges and without access to a lawyer and his family in violation of the Indian Criminal Procedure Code. He was allegedly deprived of sleep and was not provided medical care. On 26 June 2012, Mr Majim Sardar was transferred to Raninagar Police Station, where the BSF soldiers lodged a complaint against him for disobedience to an order lawfully promulgated by a public servant (case no. 350/2012 under section 188 of Indian Penal Code). He was then taken to Godhanpara Primary Health Centre for a medical check up before being presented at Labagh Court. He reportedly suffered from hematoma and bruising on his chest and back. He was later released on bail.