India: Alleged extrajudicial killing of Mr. Khalil Sk by BSF

[CaPtAiN_pLaNeT]

India: Alleged extrajudicial killing of Mr. Khalil Sk by Border Security Force (BSF)

India: Alleged extrajudicial killing of Mr. Khalil Sk by Border Security Force (BSF) / October 20, 2011 / Urgent Interventions / Urgent campaigns / OMCT

Case IND 201011

Alleged extra-judicial killing/ Allegation of torture and ill-treatment/ Lack of effective investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requestsyour URGENT intervention in the following situation in India/ West Bengal.
Brief description of the situation

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the alleged extra-judicial killing of Mr. Khalil Sk, an Ayurvedic practioner aged about 32 years old and residing in the village of Godhanpara Sameshpara, in the district of Murshidabad.

According to the information received, in the evening of 8 October 2011, Messrs. Khalil Sk, his brother, Mr. Mikchar Sk, and his brother-in-law, Mr. Mustafa Siraj, were on their way home after having visited an ailing relative living in the district of Rajsahi, in Bangladesh. At the border with India, they had to wait until 11 pm before being able to cross it. When they eventually came near to the Border Security Force (BSF) out-post nos. 1 & 2 under Char Mourasi BSF Camp, about five soldiers reportedly started chasing them, without giving any reason. Messrs. Mikchar Sk. and Mustafa Siraj managed to escape, but Mr. Khalil Sk got caught by the BSF soldiers.

According to the same information, Mr. Khalil Sk’s dead body was found by local people between the BSF out post nos. 1 & 2., on the following day, 9 October 2011. Mr. Khalil Sk's wife, who had received the notice of his arrest earlier in the morning, was on her way to the BSF out post when she learned about her husband’s death. Mr. Khalil Sk’s body was taken to the hospital, where he was declared dead. The body was later transferred to Raninagar Police Station, where the police registered an unnatural death case no. 20/2011, before being taken, on the next day, to Lalbagh Sub-Divisional Hospital for a post mortem examination.

According to eye witnesses, including Mr. Khalil Sk’s wife, Mr. Khalil Sk’s body bore signs of multiple injuries consistent with torture. His skull was allegedly broken at several places, his left eye was badly injured, two fingers of his left arm were completely smashed and numerous marks of beating were visible all over his body.

On 17 October 2011, Mr. Khalil Sk’s wife lodged a complaint with the Raninagar Police Station for alleged homicide against the BSF soldiers of BSF Out-Post nos 1 & 2 under Char Mourasi BSF Camp. The complaint was received but not registered by the duty officer of the police station, Mr. Sirajul Salehin. After Mr. Khalil Sk's wife waited for about four hours at the police station, she was reportedly taken by Masum’s district human rights monitor to the office of the District Superintendent of Police at Baharampur, where the complaint was eventually received, but no reference number was provided. To date, no effective investigation has reportedly been initiated into the circumstances of the death of Mr. Khalil Sk.

The International Secretariat of OMCT is gravely concerned about the aforementioned allegations and therefore calls on the competent authorities to ensure that an investigation is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil their obligations under the Indian Constitution[1] and under international human rights law to protect the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

OMCT has indeed documented many cases of indiscriminate killings and torture committed by the BSF over the years in West Bengal, against both Indian and Bangladeshi nationals, in an alleged effort to contain illegal cross-border activities. Although in some cases complaints were lodged, no effective investigations have been carried out and no perpetrators were brought to justice.
Action requested

Please write to the authorities in India/ West Bengal urging them to:



i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Khalil Sk's family;

ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned events, in accordance with international human rights standards, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

iii. Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to Mr. Khalil Sk's family;

iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

Ø Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;

Ø Mr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;

Ø Hon'ble Mr. Justice S.H. Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;

Ø Justice K. G. Balakrishnan, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;

Ø Mr. Satyabrata Pal, Member, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: satyabrata49@hotmail.com;

Ø Jusice N. C. Sil, Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;

Ø M. K. Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in;

Ø Miss Mamata Banerjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email - cm@wb.gov.in, sechome@wb.gov.in;

Ø Permanent Mission of India to the United Nations (Geneva),Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also write to the diplomatic mission or embassy of India in your respective country.

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Geneva, 20 October 2011

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

 

[Roybot]

What has this got to do with Bangladesh

 

[princeraihan]

of course, i will tdo my my best to spread the news.Then the people of BD will take steps what they think right to them. There is no doubt that BSF is mentally sick ...Mentally ill people have no right to use arms rather use it.

 

[princeraihan]

BSF has emerged as the most criminal organization in SA . They are able to get away with all these because GOI uses them for various dirty work like shootings and killings on BD border, torturing and killing Kashmiris, Muslims, NE peoples and indigenous population.