[IAC#RG] Torturing own citizen for no reason is allowed by BSF. IMPUNITY

27 August 2016

 

To                                                                                                                               

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi-110023

 

Respected Sir, 

 

Here I am referring one incident of murderous assault by the perpetrator Border Security Force (BSF) personnel upon a daily wage earner youth. In this case on the date of the incident i.e. on 29.05.2016 in the afternoon the victim was physically assaulted by the perpetrator BSF personnel. Victim submitted a written complaint in this regard before the Superintendent of Police, Coochbehar on 21.07.2016 but till date no action has been taken on the complaint. Our attached fact finding report gives details of the incident.

 

The perpetrator BSF personnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials. They also violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights), Article 21 of the Constitution of India. This torturous act by BSF legitimizes our long standing demand for immediate ratification of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment.

 

 

Hence I seek your urgent action in this case with the following demands:-

·         An impartial enquiry must be directed in this case

·         The perpetrator BSF personnel must be immediately be booked under the law with specific legal provisions and prosecuted in regular court of law.

·         The complaint made by the victim before the Superintendent of Police must be treated as an FIR.

·         The victim must be provided with adequate financial compensation, protection and safety.

 

Sincerely Yours

 

 

 

 

(Kirity Roy)

Secretary- MASUM

&

National Convener- PACTI

Name of the victim: - Mr. Abdul Motalep Sarkar; son of  late Belayet Hussain aged about 31 years, resides at Village- Shitarerkuchi, Block – Dinhata -2 , Police Station- Dinhata, Post Office – Chowdhuryhat, District – Cooch Behar.

 

Name of Secondary Victims:-   1. Ms. Sahida Bibi wife of Mr. Abdul Motalep Sarkar aged about 25years 2. Mr. Rehan Sarkar son of Mr. Abdul Motalep Sarkar aged about 4 years. 3. Ms. Jannatun Nesha; daughter of Mr. Abdul Motalep Sarkar, aged about 12 years 4. Ms. Ajufa Bewa mother of Mr. Abdul Motalep Sarkar aged about 50 years.

 

Name of the perpetrators: Mr. Dubey of BSF- DIB and 4 Border Security Force Constables of Alpha Company of Chowdhuryhat Border Out Post under 142 BSF Battalion

 

Date and time of incident: On 29.05.2016 at around 1.30 pm

 

Case Details

Mr. Abdul Motalep Sarkar, is a resident of village- Shitarerkuchi, Post office – Chowdhuryhat, Police Station – Dinhata, District – Cooch Behar. His family consists with Ms. Ajufa Bewa (Mother), Mrs. Sahida Bibi (Wife), Mr. Rehan Sarkar (Son), and Ms. Jannatun Nesa (Daughter).  He owns a small piece of agrarian land where he cultivates and often visits Delhi as helping hand for mason. It was also reported that he has some connections with cross border smuggling as mere courier.

On 18^th may 2016 victim returned back from Delhi and was with his family. After some days he visited his aunt's house on 29.05.2016 at Jaygir Balabari No. II village; which is adjacent to Indo Bangladesh border fence and near to gate number 3 under Choudhuryhat Camp. He spent nearly 2-3 hours at her aunt's place and then started to return from there at around 1.30 pm. At that time one BSF personal; Mr. Dubey attached with DIB- BSF Battalion number 142 under Alpha Company of Chowdhuryhat Border Out Post captured him and bound his hands on his back with ropes. Then Mr. Dubey took the victim at mentioned border outpost. After hearing about the incident, victim's aunt and his cousin rushed to the camp. Reaching at the camp, the relatives found Motalep was severely tortured. Four Border Security Force Constables first undressed him and then blindfolded his eyes by a black cloth, tied both of his hands and grounded him on his face. After that all four BSF constables rigorously beat on his toe, palm, thigh and his back. He screamed on intolerable pain. To suppress his voice they had put a bundle of cloth on his mouth. After that they put him on a water tank and poured water from the top. After 30 minutes of this inhuman torture victim lost his sense.

At that time the relatives of Mr. Abdul Motalep Sarkar reached at the camp and requested the BSF personnel to stop their barbaric torture. They produce the return ticket of the victim from Delhi to the BSF personnel to prove his innocence. Then at around 6.30 pm Border Security Force personnel freed him after taking signature on blank paper of his relatives and member of local Panchayet.

The health condition of victim was not good at that time. So the relatives admitted him at Dinhata sub- divisional hospital at around 7.30 pm. He was admitted there for next two days.  His MRI and CT scan was done over there. After two days he was discharged from hospital.  On 21.07.2016 the victim lodged one written complaint before Superintendent of Police of Cooch Behar.  Till now he is not able to do his regular jobs.

​

--

Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in