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INDIA: Human rights activist and a victim threatened by police for complaining about a brutal assault by the Border Security Force in West Bengal

November 20, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

20 November 2006
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UA-375-2006: INDIA: Human rights activist and a victim threatened by police for complaining about a brutal assault by the Border Security Force in West Bengal
 
INDIA: Inhuman and cruel assault; threat; intimidation; corruption; impunity; failure of criminal justice system
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, its local partner in West Bengal, regarding the brutal assault of a poor labourer by the Border Security force (BSF). It is also alleged that when the victim tried to lodge a complaint at the local police station, the Officer in Charge intimidated the victim by using foul language and throwing away the complaint and refusing to register a complaint. It is also alleged that a local human rights activist associated with MASUM, Mr. Gopen Sharma, who was helping the victim, was also insulted by the police.

CASE DETAILS:

On 10 November 2006 Mr. Mohammad Sayab Ali Mondal, an agricultural labourer, was going to his property to attend to his crops in Murshidabad District, West Bengal, India. While he was approaching his property he witnessed some officials from the Border security Force - ‘C’ Company of Battalion Number 90, posted at Out Post No. 6 unloading some goods from a vehicle. Without any reason the officers approached Sayab and started beating him with bamboo sticks. Sayab suffered serious injuries in the assault and soon became unconscious. The BSF officers left him to die and quit the place. An alleged reason why the BSF officers assaulted him was because they were dealing with smuggled goods to be taken to or brought in from Bangladesh.

Once Sayab gained consciousness he managed to get to the nearby hospital at Sagarpara where he received treatment for his injuries. An X-Ray revealed that he had suffered compound fractures on his wrist.

On November 15, Sayab visited the Jalangi police station to lodge a complaint. The complaint was prepared by Mr. Gopan Sharma, a local human rights activist associated with MASUM. However, the Officer-in-Charge of the Jalangi police station, Mr. Somnath Banerjee, insulted and intimidated them and threw away the written complaint. The officer said that he cannot entertain any complaints against the BSF. The officer also shouted at Sayab saying that it is better not to do anything after hearing advices from human rights activists and also said that these activists are creating problem in the locality by taking up issues against the police, BSF and other government agents.

Dejected by the attitude of the local police, but determined to act, Sayab with the help of Gopen contacted the Additional Superintendent of Police (ASP) of Murshidabad district, West Bengal. On receipt of the complaint the ASP directed the Jalangi police to accept the complaint without any further delay. However, the OC still refused to accept Sayab’s complaint.

According to the latest information, the Jalangi police is harassing Sayab because he has involved human rights activists to help him in his case. The police have also threatened Gopen that he would face serious consequences if he continued with his work.

There are further allegations about the Jalangi police of not arresting the murderers of Mintu Siek who was allegedly killed by cross-border smugglers on 12 March 2003, in spite of an order from the court. It is alleged that the police is refusing to arrest the criminals since they are paid off by the smugglers.

ADDITIONAL COMMENTS:

Sayab’s case is not the first case which the AHRC has been informed that depicts a clear nexus between the smugglers, local police and the BSF. In the past the AHRC has issued a series of urgent appeals calling for immediate intervention to curb the violence perpetuated by the BSF against the local villagers. In all these cases the facts suggest that the violence against the local villagers had a direct connection with the BSF handling smuggled goods. For further details please see UA-79-2005, UA-217-2005, UA-174-2006, UA-184-2006, UA-244-2006, UP-156-2006, UA-272-2006 and UP-192-2006.

Cross border smuggling is rampant along the Indo-Bangladesh border. The BSF, a para-military wing, is posted along the border to prevent infiltration, smuggling and illegal cross-border activities. Being a para-military unit, the BSF enjoys absolute command over operational issues over the local police in the areas where they are deployed. The domestic legislation provides certain impunities to the officers for their acts done during an operation. However, the offences committed by the BSF officers like smuggling and beating up of people are not covered under this law. The local police have every legal right and duty to take actions against these officers.
The first step in such an action is to register a First Information Report and also to report the matter to the Commanding Officer of the Battalion. The police must also investigate and file the charge sheet at the local court which entertains jurisdiction over the case. However, may police officers, the officers from Jalangi police station in particular, fails to initiate any action against the BSF and the local people allege that this is because they receive kickbacks from the BSF for not registering cases against the BSF officers.

Murshidabad district of West Bengal is one of the poorest in West Bengal. Natural calamities like massive erosion of land by the river Padma and lack of other alternatives to find job for the predominantly agricultural community has resulted in several deaths from acute starvation in the district. The government of India has provided various schemes to distribute free and subsidised food among the poor regions in the country and Murshidabad is one among them. However, owing to corruption in the distribution and lack of police action has resulted in these food grains being smuggled across the border to Bangladesh. The local people to whom these food grains are supposed to be distributed free and at subsidised rates are but forced to work as smugglers to smuggle food grains across the border to Bangladesh for pittance. This complete irony of the situation and fate is controlled by a few local police officers. The officers at the Jalangi police station are notorious for this.

A functioning criminal justice system is the primary requisite for establishing rule of law and policing is the backbone of the criminal justice system. No rights whether it is civil and political or economic, social and cultural would find meaning without a properly functioning criminal justice mechanism. While the superior courts in India and the government of India itself boasts about the luminous judgments rendered by the Apex Court of the country, in many rural villages in India none of these judgments nor any law are enforced even to the bare minimum. India is a country where 71% of its 1.2 billion population resides in villages. It simply means that for an alarming section of India’s 852 million rural population rule of law and governance makes no sense.

SUGGESTED ACTION:
Please write to the authorities listed below to express your concern about this case. We urge you to write to these authorities asking them to intervene in this case, to ensure that a complaint is registered at the Jalangi police station and the BSF officers responsible for beating up the victim in this case is brought to justice. The AHRC is also writing to Ms Hina Jilani, the Special Representative of the United Nations Secretary General on the situation of human rights defenders, asking for an intervention into this case.

To support this appeal, please click:

Sample letter:

Dear __________,

INDIA: Human rights activist and a victim threatened by police for complaining about a brutal assault by the Border Security Force in West Bengal
 
Name of the victim: Mr. Mohammad Sayab Ali Mondal, son of Mohammad Mondal, residing at Char Kakmari Village, Murshidabad District, West Bengal, India
Alleged perpetrators:
1. Officers from the Border Security Force, of which one person is known with the alias Biswasbau from the ‘C’ Company of Battalion number 90, posted at Out Post number 6, Jalangi, Murshidabad, West Bengal
2. Mr. Somnath Banerjee, Officer in Charge, Jalangi police station, Murshidabad district, West Bengal
Place and date of the incident: On 10 November 2006 within the jurisdiction of Jalangi police station, Murshidabad district, West Bengal

I am writing to you to express my concern about the case of Mr. Mohammad Sayab Ali Mondal, who was beaten up by the officers from the Border Security Force on 10 November 2006. I am informed that Sayab witnessed some BSF officers dealing with allegedly smuggled goods at the Indo-Bangladesh border. I am informed that since the BSF officers did not want a witness to speak about their illegal dealing, they beat-up Sayab thereby injuring him seriously.

Sayab who wanted to lodge a complaint against the BSF officers tried approaching the Officer in Charge (OC) at the Jalangi police station on 15 November along with Mr. Gopen Sharma, a human rights activist from Jalangi. However, Sayab and Gopen were verbally abused and intimidated by the officer Mr. Somnath Banarjee and were asked to leave the station. Aggrieved by the incident, Sayab approached the Assistant Superintendent of Police of Murshidabad who in turn ordered the OC at Jalangi police station to register the case. However, it is alleged that the OC continued refusing to register the case and also threatened Sayab and Gopen that they will have to face dire consequences if they pursued the case any further. I am informed that this was not the first time the officers from Jalangi police station are threatening human rights defenders. I am informed that the same police station has a record of abusing human rights defenders whenever a case is brought to their notice. I am also informed that the Hong Kong based Asian Human Rights Commission has also written to the United Nations Secretary General on the situation of human rights defenders Ms Hina Jilani asking for an intervention into this case.

I am also concerned about the overall performance of the officers attached with the Jalangi police station. I am informed that in the past few months there were several cases where officers from this police station were accused of either torturing victims or not inquiring into cases. I am also informed that, the BSF officers, as evident from this case, are using unwarranted force to terrorise the local population. I am concerned about the extent to which the BSF officers enjoy impunity in the area which is supported by corrupt police officers like those stationed at Jalangi police station. I am informed that in the past many cases with similar facts were brought to your notice against which you have not initiated any action.

I am aware that the facts of this case and in several other cases where the BSF officers are involved calls for an immediate intervention from the local police. However I am concerned to know that the local police often refuse to take any action against the BSF officers which is against the law.

I therefore urge you to immediately intervene in this case and to take appropriate actions so that a case of assault is registered against the BSF officers responsible for injuring Sayab. I also request you to make sure that upon registration of the case a prompt and impartial investigation is conducted into this case and the perpetrators punished in accordance with the law. I further urge you to make sure that the victim in this case receives adequate compensation and that disciplinary actions are initiated against the police officers stationed at Jalangi police station, particularly the OC for intimidating, threatening and abusing the victim and the local human rights activist.

I look for your urgent intervention into this case.

Sincerely yours,

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PLEASE SEND YOUR LETTER TO:

1. Dr. A. P. J. Abdul Kalam
President of India
Rashtrapati Bhawan,
New Delhi
INDIA
Fax: +91 11 23017290
Email: pressecy@alpha.nic.in

2. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

4. Justice Mr. Y. K. Sabharwal
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt@nic.in

5. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

6. Mr. A. K. Mitra
Director General
Border Security Force
B-10, CGO Complex, New Delhi
INDIA
Fax: +91 11 24361794
Email: bsf_hq@bsf.delhi.nic.in

7. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

8. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in


Thank you.

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



Document Type :
Urgent Appeal Case
Document ID :
UA-375-2006
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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.