From: Kirity Roy <kirityroy@gmail.com>
Date: Fri, Oct 28, 2011 at 11:50 AM
Subject: Fwd: INDIA: BSF strikes again, this time, knifing a person
To: MASUM <masumindia@gmail.com>
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From: AHRC Urgent Appeals <listadmin@ahrchk.net>
Date: 28 October 2011 08:43
Subject: INDIA: BSF strikes again, this time, knifing a person
To: masumindia@gmail.com
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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-224-2011
28 October 2011
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INDIA: BSF strikes again, this time, knifing a person
ISSUES: Torture; inhuman and degrading punishment; corruption; impunity
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Dear friends,
The Asian Human Rights Commission (AHRC) has once again received information from MASUM, a human rights organisation working in West Bengal, concerning the brutality practiced by the Border Security Force (BSF) against civilians living along the Indo-Bangladesh border. In this instance, the BSF was in fact assisting the cross-border smuggling gang of which the victim was part of, to illegally traffic cattle from India to Bangladesh, allegedly after accepting bribes. However in a dispute between the smugglers and the BSF, and the BSF fired shots injuring a boy. Later the BSF knifed the victim and left him for dead. Villagers however helped the victim to illegally cross over to Bangladesh and seek treatment. The present whereabouts of the victim is however not known.
The case once again establishes corrupt practices of the BSF, and further illuminates the fact that a substantial number of people living along the Indo-Bangladesh border are poor, that despite innumerable number of gruesome atrocities committed by the BSF against the villagers, in particular those etching a living from smuggling, the people are still willing to engage in smuggling, that they have no other means of earning a livelihood. The case also reiterates the fact that unless the West Bengal state government and the central government take immediate and meaningful steps to address the situation, ideally in consultation with the people living in the locality, no improvement could be brought about in the situation. In a different vein the BSF engaging in cross-border smuggling itself is a security threat to the country, which neither the BSF, nor the government could ignore any further.
Despite global reportage of more than 300 similar cases by the AHRC and MASUM over the past seven years, the government has neither shown interest nor proven its capacity to deal with an escalated human and security catastrophe, most of which is the making of the BSF.
CASE NARRATIVE:
The victim in the case is Mr Abdulla Gazi, son of Mr Chamchel Gazi, aged about 27 years, is a resident of Gunrajpur village, under the jurisdiction of Swarupnagar Police Station in North 24 Parganas district of West Bengal. The victim lives with his wife, two children and his aged mother. The victim runs the family by working as a farm labourer. MASUM's fact-finding reveals that Gazi also sometimes worked for cross-border smugglers, getting paid for trafficking cattle across the Indo-Bangladesh border.
It is also revealed that during the incident the BSF officers knifed Gazi in his lower abdomen and left him for dead at the spot. A person from the locality, named Mr Mostafa Baidya, son of Mojam Baidya residing in the same village as that of the victim saw the victim and took him to the nearest safe place, which is a village in Bangladesh territory. Then some persons in the village admitted him in a nursing home in Jashore, Bangladesh. Baidya subsequently informed the incident to the victim's wife Ms Selima Gazi. One Mr Khalek Sardar, son of Mr Ebtullya Sardar who also came to know about the incident informed Selima of what had happened.
In the meanwhile Mr Jitendra Singh, Company Commander of 'F' Company, 120 Battalion of the BSF filed a written complaint at Swarupnagar Police Station on 25 August 2011 at 9.15 pm (after about 18 hours of the incident) accusing 1) Mr Laltu Mondal of Bangladesh and 2) Mr Abdulla Gazi based on which Swarup Nagar police registered a case, numbered 216 of 2011. The case was registered for offenses punishable under Sections 147, 148, 149, 186, 353, 332 and 307 of Indian Penal Code 1860 and Section 14 of the Foreigners Act and Section 12 of the Indian Passport Act.
MASUM's fact-finding revealed that a person namely Mr Arshad from Sultanpur, Bangladesh reportedly helped the victim to get treatment and he perhaps know the present whereabouts of Gazi.
However Gazi's wife Selima could not contact her husband till date and she has no clue about the whereabouts of her husband. She even does not know whether he is still alive or not. Selima is poor and hence she does ot have any means to search for her husband in Bangladesh. Selima and the family members of the victim are anxiously waiting for Gazi's return. At present the family of the victim does not have any means to survive and the victim's aged mother has taken up begging to find means to run the family. Selima has lodged a complaint before the Superintendent of Police, North 24 Parganas against the perpetrator BSF personnel, but until now the police have taken no action on the complaint.
SUGGESTED ACTION:
Please write to the authorities listed below asking for their urgent intervention in this case.
The AHRC is also writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for an intervention in this case.
To support this appeal, please click here:
SAMPLE LETTER:
Dear __________,
INDIA: The case of BSF knifing a cross-border smuggler and BSF's conduct along the Indo-Bangladesh must be investigated
Name of victim: Mr Abdulla Gazi, son of Mr Chamchel Gazi, aged about 27 years, is a resident of Gunrajpur village, under the jurisdiction of Swarupnagar Police Station in North 24 Parganas district of West Bengal
Alleged perpetrators: BSF officers posted at Gunrajpur BSF Border Outpost, gates 14 and 15, North 24 Parganas district, West Bengal state
Date of incident: 25 August 2011
Place of incident: Near Gunrajpur BSF Border Outpost, gates 14 and 15
I am writing to express my concern regarding the case reported to be, once again concerning the atrocities committed by the BSF stationed along the Indo-Bangladesh border.
The victim in the case is Mr Abdulla Gazi, son of Mr Chamchel Gazi, aged about 27 years, is a resident of Gunrajpur village, under the jurisdiction of Swarupnagar Police Station in North 24 Parganas district of West Bengal. The victim lives with his wife, two children and his aged mother. The victim runs the family by working as a farm labourer. MASUM's fact-finding reveals that Gazi also sometimes worked for cross-border smugglers, getting paid for trafficking cattle across the Indo-Bangladesh border.
On 25 August 2011, at about 3.30 hours, Gazi, having engaged by the smugglers was transporting cattle from India to Bangladesh. It is alleged that the BSF officers stationed at Gunrajpur BSF Border Outpost were assisting the smuggling; in lieu of the bribes they have accepted. The cattle were kept in a shed located between Gunrajpur BSF Border Outpost, gates 14 and 15. Without warning, an altercation erupted between the BSF and the smugglers who were waiting across the border in Bangladesh. Without warning the BSF started firing. As a result, a Bangladeshi boy named Laltu who was in the Indian territory at the time was hit on his leg. Laltu seeking protection ran into a nearby village and the some villagers took him to the hospital.
It is also revealed that during the incident the BSF officers knifed Gazi in his lower abdomen and left him for dead at the spot. A person from the locality, named Mr Mostafa Baidya, son of Mojam Baidya residing in the same village as that of the victim saw the victim and took him to the nearest safe place, which is a village in Bangladesh territory. Then some persons in the village admitted him in a nursing home in Jashore, Bangladesh. Baidya subsequently informed the incident to the victim's wife Ms Selima Gazi. One Mr Khalek Sardar, son of Mr Ebtullya Sardar who also came to know about the incident informed Selima of what had happened.
In the meanwhile Mr Jitendra Singh, Company Commander of 'F' Company, 120 Battalion of the BSF filed a written complaint at Swarupnagar Police Station on 25 August 2011 at 9.15 pm (after about 18 hours of the incident) accusing 1) Mr Laltu Mondal of Bangladesh and 2) Mr Abdulla Gazi based on which Swarup Nagar police registered a case, numbered 216 of 2011. The case was registered for offenses punishable under Sections 147, 148, 149, 186, 353, 332 and 307 of Indian Penal Code 1860 and Section 14 of the Foreigners Act and Section 12 of the Indian Passport Act.
I am informed that MASUM's fact-finding revealed that a person namely Mr Arshad from Sultanpur, Bangladesh reportedly helped the victim to get treatment and he perhaps know the present whereabouts of Gazi.
However Gazi's wife Selima could not contact her husband till date and she has no clue about the whereabouts of her husband. She even does not know whether he is still alive or not. Selima is poor and hence she does ot have any means to search for her husband in Bangladesh. Selima and the family members of the victim are anxiously waiting for Gazi's return. At present the family of the victim does not have any means to survive and the victim's aged mother has taken up begging to find means to run the family. Selima has lodged a complaint before the Superintendent of Police, North 24 Parganas against the perpetrator BSF personnel, but until now the police have taken no action on the complaint.
The case once again establishes corrupt practices of the BSF, and further illuminates the fact that a substantial number of people living along the Indo-Bangladesh border are poor, that despite innumerable number of gruesome atrocities committed by the BSF against the villagers, in particular those etching a living from smuggling, the people are still willing to engage in smuggling, that they have no other means of earning a livelihood. The case also reiterates the fact that unless the West Bengal state government and the central government take immediate and meaningful steps to address the situation, ideally in consultation with the people living in the locality, no improvement could be brought about in the situation. In a different vein the BSF engaging in cross-border smuggling itself is a security threat to the country, which neither the BSF, nor the government could ignore any further.
Despite global reportage of more than 300 similar cases by the AHRC and MASUM over the past seven years, the government has neither shown interest nor proven its capacity to deal with an escalated human and security catastrophe, most of which is the making of the BSF.
I therefore urge you to take the following actions in the case:
1. That the police immediately investigate the allegations in the complaint filed by Ms Selima Gazi before the Superintendent of Police, North 24 Parganas against the BSF;
2. A separate inquiry is ordered into as to the conduct of the BSF stationed along the Indi-Bangladesh border, particularly of those stationed in North 24 Parganas district;
3. An independent investigation conducted in Swarup Nagar police registered a case, numbered 216 of 2011;
4. An inquiry ordered into the alleged knifing by the BSF of the victim as a form of punishment and the statements of the witnesses recorded by a judicial magistrate and the witness provided protection from any form of threat from the BSF;
5. The government of India, Ministry of External Affairs take adequate efforts to seek and find the whereabouts of the victim Gazi and the boy Laltu who was injured in the firing;
6. That the government take all possible steps to bring Gazi back to India;
7. That the government take all measures possible to ensure that conditions that promote cross-border smuggling along the Indo-Bangladesh border is addressed through a consultative process involving the local residents.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Buildings, Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480 / 2214 1341
Email: cm_wb@nic.in
2. Mr. Samar Ghosh, IAS
Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 2214 4328
Email: chiefsec@wb.gov.in
3. Mr. G. D. Gautama, IAS
Additional Chief Secretary (Home)
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in
4. Mr. Naparajit Mukherjee, IPS
Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com
5. Mr P. Chidambaram
Home Minister
Government of India
Ministry of Home Affairs
North Block, New Delhi 110003
INDIA
Fax: + 91 11 23093750 / 23092763
Email: hm@nic.in
6. Director General BSF
Block 10, CGO Complex
Lodhi Road, New Delhi -03
INDIA
Fax: +91 11 24360016
E-mail: probsf@yahoo.com, bsfhq@bsf.nic.in, bsf_hq@hub.nic.in, bsf_hq@bsf.delhi.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
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Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
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PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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