INDIA: Border Security Forces torture then kill a 17-year-old boy 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-184-2006
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information detailing the killing of a 17-year-old boy by Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy, who was attending to his crops just prior to the confrontation with the BSF officers, was taken from his hut and beaten mercilessly. A BSF officer then shot him resulting in his death.

At 5pm on 22 May 2006 Musaruddin Molla went to his family’s paddy field, near outpost number one of Taltala, to attend to the crops. At approximately 8pm several smugglers were seen trafficking cattle near the Charkakmari BSF Camp of Battalion number 62, at outpost number one of Taltala. Though BSF officers chased the smugglers away, the smugglers merely proceeded further along and crossed the border with the cattle one kilometre away. As they crossed however, BSF officers once again saw them and began firing indiscriminately towards their direction.

Nearby Musaruddin was taking shelter in his hut. However, the BSF officers went into the hut and dragged Musaruddin out and started beating him ruthlessly. One officer, namely Upendra Thakur, then produced his gun and shot Musaruddin in the left side of his body. Musarudddin soon after died from the gunshot wound. To cover their actions, the BSF officers then took six cattle from the Khayertala BSF Camp, at outpost number four, and accused Musaruddin of smuggling them.

On May 25 Musaruddin’s father, Enamul Molla lodged a complaint against the BSF personnel with the Officer-in-Charge at the Jalangi police station. On May 27 he lodged a further complaint with the Superintendent of Police in Murshidabad. He noted in both complaints that his delaying in lodging them was due to his having to arrange his son’s funeral and because of the mental turmoil he was experiencing. Enamul asked the OC in Jalangi for an on the spot enquiry and the initiation of legal proceedings against the BSF personnel. To the SP in Murshidabad he demanded the same together with a request for monitory compensation. In his complaint to the SP he also noted the Jalangi police station vide case number 15/06 of unnatural death. This was likewise noted in the Disposal Certificate issued by the Medical Officer of Berhampore General Hospital, Murshidabad when the body of the deceased was released from the hospital after the autopsy.

As of today the case is under the consideration of the Jalangi police station as a mere unnatural death case, though the facts and circumstances clearly calls for the local police to register a case of murder against the BSF officers. This is due to the reluctance of the local police to take any action against the BSF officers against any crime these officers commit and also due to an alleged caucus existing between the local police and the BSF officers. It is often alleged by the locals that the BSF officers in fact facilitate cross boarder smuggling for which the local police provide protection by not registering cases against the BSF officers who silence witnesses, in return for sharing the profit, several BSF officers make by indulging in illegal activities.

BACKGROUND

One of the major issues plaguing the bilateral relationship between India and Bangladesh is border security. India shares a considerable extent of its border with Bangladesh, a border which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years this border has been facing problems with illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems India has deployed border security forces to deal with infiltration from over the border. However, no consideration has been afforded to people near the border area, a “no man’s land”, who have predominantly been branded as immigrants from Bangladesh and thus discriminated at various levels.

The Government of India erected boundary fencing and a boundary road to prevent ‘infiltration’. In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas, this fencing and border road (BSF road) runs 5-10 kilometres inside the Indian territory from the actual border. In these areas many of the local people who have resided there for centuries cannot gain entry into their own land without the ‘permission’ of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only twice daily can people use this border road or enter or leave from the fencing gate: once in the morning for half an hour and once in the evening for half an hour.

Farmers are dependent upon the protection of the BSF to continue their livelihood and are also at their mercy as to whether they infringe upon their rights. Due to this situation, common legal remedies are meaningless and farmers are suppressed from voicing their concerns.

Musaruddin’s murder is one of several human rights violations that the AHRC has reported on in recent times regarding the Border Security Forces operating along the Indo-Bangladesh border (please see UA-174-2006UA-146-2006UA-217-2005UA-79-2005FA-04-2005 and UA-18-2005). Evident from these cases is that the BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and exploit situations by colluding with smugglers.

SUGGESTED ACTION:

Please write to Mr. Subhash Awasthi, the Director General of Police, West Bengal with copies to other relevant authorities listed below seeking their intervention. The perpetrators should be punished for the arbitrary firing and the government should take immediate cognizance of the cross border smuggling and the continuous flow of infiltration that exists on the Indo-Bangladesh border. Despite having brought this to the notice of the authorities many times in the recent past, little seems to have been done in this regard. We hope that this case will once again highlight the urgency of this matter so that many lives could be saved in the future. Action should also be taken against the local police who have failed to act properly on the complaints filed by the victim’s family.

 

 

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

SAMPLE LETTER

Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in

Dear Mr. Subhash

INDIA: Border Security Forces torture then kill a 17-year-old boy

I am writing to you expressing concern about the killing of a 17-year-old boy by Border Security Forces (BSF) operating along the Indo-Bangladesh border. On 22 May 2006, Musaruddin Molla, who was attending to his crops just prior to an alleged confrontation with the BSF officers, was taken from his hut and beaten mercilessly. A BSF officer then shot him resulting in his death.

I am informed that BSF officers were trying to drive away cross-boarder smugglers by randomly firing at the smugglers near Musaruddin’s paddy field close to outpost number one of Taltala. It is alleged that at approximately 8pm several smugglers were seen trafficking cattle near the Charkakmari BSF Camp of Battalion number 62, at outpost number one of Taltala. Though BSF officers chased the smugglers away, they were not able to prevent the smugglers from their activity.

I am informed that soon after this incident the BSF officers went into the hut where Musaruddin was and dragged Musaruddin out and started beating him ruthlessly. One officer, namely Upendra Thakur, then produced his gun and shot Musaruddin in the left side of his body. Musaruddin soon after died from the gunshot wound. To cover their actions, it is alleged that the BSF officers then took six cattle from the Khayertala BSF Camp, at outpost number four, and accused Musaruddin of smuggling them.

I am shocked to know that even though Musaruddin’s father, Enamul Molla lodged a complaint against the BSF personnel with the Officer-in-Charge at the Jalangi police station on May 25, the police have refused to take any action other than registering a case of unnatural death. I am informed that Enamul lodged a further complaint with the Superintendent of Police in Murshidabad on May 27. In these complaints Enamul requested for the OC in Jalangi to conduct an on the spot enquiry and the initiation of legal proceedings against the BSF personnel and has also requested for compensation.

I am informed that as of today the case is under the consideration of the Jalangi police station as a mere unnatural death case, though the facts and circumstances clearly calls for the local police to register a case of murder against the BSF officers. It appears that given the details, the complaint should have warranted the registration of a case under Section 302 of the Indian Penal Code against the BSF officers involved in the incident. The failure to acknowledge this fact is leading to a delay in the investigation and this must be properly investigated. I am shocked to know that this is the fourth case with a similar set of facts that has been brought to your notice, which allegedly happened in the same area under the control of the BSF.

In light of the above I request you to intervene in this case and direct the Jalangi police to take statements of the witnesses, particularly the father of the deceased boy. I also request you to direct the local police to provide all possible protection to the witnesses in the case and also to recommend to the State Government to pay reasonable interim compensation to the victim’s family. I also request you to write to the BSF Command expressing concern over the case and also similar cases which have been brought to your notice in the recent past. I also request you to instruct your subordinate officers so that in the future they will properly record the complaint of victims and will register cases against the BSF officers under appropriate and proper provisions of law.

In this context I also request you to take further initiative to launch an investigation to examine illegal trade and the role that the BSF and local police play in cross-boarder smuggling along the Indo-Bangladesh boarder.

Yours sincerely,
------------------------------------

PLEASE SEND COPIES TO:

1. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

2. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in

3. 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

4. Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833
 
5. The Director General
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
 
6. Inspector General (Administration)
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202

7. Mr. Manjunath Prasad
District Magistrate - Murshidabad 
Murshidabad
West Bengal
INDIA
Fax: +91 34 8225 0145

8. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, 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 (ATTN: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)
Email: lventre@ohchr.org / urgent-action@ohchr.org

9. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org /urgent-action@ohchr.org

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-184-2006
Countries : India,
Issues : Extrajudicial killings,