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

June 8, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

8 June 2006
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UA-184-2006: INDIA: Border Security Forces torture then kill a 17-year-old boy

INDIA: Murder; torture, corruption; cross-border smuggling; collapse in the rule of law
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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-174-2006, UA-146-2006, UA-217-2005, UA-79-2005, FA-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.

Suggested 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,
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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 :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.