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INDIA: BSF allegedly killed 14-year-old

July 9, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

10 July 2006
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UA-225-2006: INDIA: 14-year-old Mithun Sarkar becomes the latest victim of Border Security Forces’ killings

INDIA: Murder; torture, corruption; cross-border smuggling; collapse of the rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received shocking information from MASUM, a human rights organisation in West Bengal, detailing the killing of a 14-year-old boy by the Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy resided just 30 meters from the border and on hearing some commotion outside his residence, came out and saw BSF officers chasing smugglers. The boy was taken from his home and mercilessly beaten by the BSF officers. Later four shots were fired piercing through the young boy's chest resulting in his death.

Mithun was a 14-year-old boy studying in the sixth grade. His father works as an agricultural labourer and possesses 10 katha (0.16 acre) of land near the Indo-Bangladesh border. Mithun lived with his parents and his elder brother. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time, BSF officers were chasing smugglers and Mithun was mistaken as an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with riffle butts thereby smashing his skull. Four shots were fired penetrating the young boy's chest killing him instantaneously.

Mithun's body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for a post mortem examination. The body was later cremated at the Baharampur crematory.

In the midst of the pain of losing his son, Mithun's father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of the Raninagar Police Station refused to file a First Information Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.

On learning the facts of the case, MASUM's fact-finding team visited the scene of the killing and talked with the victim's family, villagers, Gram Panchayat [local body] members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar PS, Case no. 129 dated 28 June 2006 under Sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., the Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The grievance that was lodged against Mithun was classified as a criminal complaint, while the complaint lodged by Mithun’s father was ignored and dismissed by the local police.

Subsequently, Sub Inspector Mr. Ayub Ali Molla who was appointed as the Investigating Officer of the case informed MASUM that in the case, the BSF had registered Mithun's age as being 20. However a certificate issued by the principal of the primary school where Mithun was studying indicates that Mithun was born on 4 March 1993.

When the MASUM followed up on the case they were informed that the inquest report by Mr. Ayub Ali Molla confirmed that there were large cut marks and injuries sustained by the victim, probably due to the use of a sharp weapon on his head and left hand. Bullet wounds were also found in the chest and back of the victim's body. This was a clear case of murder. Mithun was a minor and an unarmed civilian, who posed no threat to the officers. Even though in this instance force was employed on the pretext of combating smuggling, it was nevertheless inexcusable that a 14-year-old boy was tortured and killed.

BACKGROUND INFORMATION:

India shares a considerable border with Bangladesh, 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 of 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 at 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 have been discriminated against 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 two times a day 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. Due to this situation, common legal remedies are meaningless and farmers are prevented from voicing their concerns.

Mithun’s murder is only one of the many 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-184-2006,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 to exploit situations by colluding with smugglers.

SUGGESTED ACTION:

Please write to Mr. Srikumar Mukherjee, The Minister of State, Government of West Bengal seeking his intervention. Please also send copies of your letter to the other authorities named below. The perpetrators should be punished for the arbitrary use of force and the government should take immediate cognisance of the cross-border smuggling and the continuous infiltration of 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 can 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.

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Suggested letter:


Dear __________,

INDIA: 14-year-old Mithun Sarkar becomes the latest victim of Border Security Forces killings

Name of the Victim: Mithun Sarkar, 14 years old, Son of Mr. Nripendra Nath Sarkar, Harudanga village, Raninagar police station, Murshidabad district.
Alleged perpetrators: -
1. Border Security Force personnel of Outpost No. 2 of 136 Battalion under Kuthibari Camp, Raninagar Police Station of Murshidabad District
2. Mr. S. Bhattacharjee Officer-in-Charge of Raninagar Police Station, Murshidabad
Date and time of crime: 28 June, 2006, 4.00 A.M
Place of the incident: Harudanga village, Murshidabad district, West Bengal

I am writing to express my grave concerns about the killing of 14-year-old Mithun Sarkar by Border Security Forces (BSF) operating along the Indo-Bangladesh border. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time BSF officers were chasing smugglers and Mithun was mistaken for being an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with rifle butts. Four shots were fired which penetrated the chest of the young boy and killed him.

Mithun's body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for the post mortem examination. The body was later cremated at the Baharampur crematory.

In the midst of the pain of losing his son, Mithun's father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of Raninagar Police Station refused to file a First Investigation Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.

On learning the facts of the case, MASUM's fact-finding team visited the scene of the killing and talked with the victim's family, villagers, Gram Panchayat members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar police station, Case no. 129 dated 28 June 2006 under sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The complaint was lodged against Mithun declaring criminal accusations, while all the charges Mithun's father had filed against the actual perpetrators were dismissed.

It has also been brought to my attention that the BSF had registered Mithun's age as being 20. However from a certificate issued by the principal of the primary school of which Mithun attended it was clearly indicated that Mithun was born on 4 March 1993.

It appears that the police are aiding the BSF in manipulating the records in this case by concealing the truth. Additionally, the police have refused to initiate a case against the BSF in spite Mithun’s father’s request and complaint. This reaction on the part of the local police seems to be legitimising crimes committed by the BSF in the area. There is a serious threat to society when law and order is no longer distinguishable from state impunity. I am aware that many similar cases of torture and killing have been brought to the authorities’ attention and little seems to have to been done to address these issues. I 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 be taken against the local police who have failed in the course of their duty. The duty to enable peace and prosperity to society has been made a mockery.

In light of the above, I request that you intervene in this case so that the Raninagar police record statements of the witnesses, particularly the father of the deceased boy. Please also take action so that the local police provide all possible protection to the witnesses in the case and also recommend the state government to pay reasonable interim compensation to the victim’s family. I would also urge 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 trust that you will take immediate action on this case.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

Mr. Srikumar Mukherjee
Minister of State
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4052
Email: moshome@wb.gov.in

PLEASE SEND A COPY OF YOUR LETTERS 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
Email: bsf_hq@hub.nic.in

6. Inspector General (Administration)
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bsf_hq@hub.nic.in

7. 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

8. 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/ tb-petitions@ohchr.org


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-225-2006
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.