India: Capital Punishment By The Bsf In West Bengal

Urgent Appeal Case: AHRC-UAC-131-2012

Send an APPEAL LETTER

17 July 2012
------------------------------------------------------
India: Capital Punishment By The Bsf In West Bengal

ISSUES: Torture; inhuman and degrading treatment; extrajudicial execution; corruption; impunity; rule of law
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received a report from MASUM that a group of Border Security Forces (BSF) in West Bengal, India has shot dead 45-year-old agriculture labourer, Mr. Razzak Seikh on 11 June 2012. This is yet another instance of extrajudicial execution committed with impunity by the BSF, contributing to a local atmosphere of terror, violating the rights of the local people to life, safety, and legal redress. The frequency and pervasiveness of unsanctioned brutality by the BSF threatens the integrity and legitimacy of Indian government, furthermore national security.

We call on you to write an appeal to the authorities responsible for holding the BSF accountable for their illegal and brutal conduct. With your help in drawing attention to Razzak Seikh’s case, we are bringing pressure to bear on Indian authorities to undertake the social and institutional reforms so desperately needed in these regions.

CASE NARRATIVE:

Razzak Seikh was an agricultural labourer of about 45 years of age, living in the village of Char Golpapur in West Bengal state. On 10 June 2012, three men - Mr. Kader Seikh, son of Mulluk Seikh; Mr. Manilala Seikh, son of Arej Seikh; and Mr. Sajarul Seikh, son of Abdul Seikh - all residents of Char Gopalpur under the jurisdiction of Islampur Police Station allegedly hired Razzak and two of his sons to smuggle cattle across the border into Bangladesh. They allegedly offered Razzak and his sons, Mr. Saimuddin Seikh and Mr. Majrul Seikh, Rs. 1000 for each pair of cattle they could smuggle into Bangladesh.

At about 5 pm on the same day, they called upon Razzak and his sons and made final arrangements, assuring Razzak and his two sons that everything has been arranged for and that the BSF would not bother them when they crossed the border into Bangladesh with the cattle. Accordingly at about 2 am the next day, Razzak, his two sons along with Mr. Haniful Seikh, son of Azizsul Seikh, tried illegally crossing the border from India into Bangladesh with the cattle.

However in the process, a group of BSF officers spotted and chased them. Razzak’s sons and Haniful fled and hid in the grass nearby. However the officers managed to get Razzak. Razzak's children and Haniful witnessed the BSF officers blindfolding Razzak and savagely beating him. They could hear Razzak screaming and pleading apology and let him go with the officers. Then, the BSF officers ordered Razzak to stand-up, which he did, bleeding profusely from his wounds. The officers then ordered Razzak to walk towards BSF outpost 8 and 9 along with some cattle that have been rounded up by then. Then the officers ordered Razzak to flee. As he started running, the officers reportedly shot Razzak from behind. The bullets tore large chunks of flesh off Razzak's body, killing him instantly.

On the same day, Mr. Babu Seikh, son of Nurul Seikh informed Razzak’s family that a person from Gopalpur had been killed by the BSF. Razzak's two sons knew that it was their father but was afraid to visit the place where the shooting was reported from, since they were worried whether they would be implicated in the incident. They waited till about 10 am and went to the Godhanpara Block Primary Health Centre with their mother, Afroza Bibi. Some 50 to 60 villagers accompanied the family.

Over the next two days, Razzak’s wife, Afroza Bibi, and sons were forced to make several visits to various locations, including Raninagar Police Station to request returning Razzak’s body, including twice to the mortuary at the Lalbagh hospital. The doctors had refused to perform a post-mortem on the deceased at the Lalbagh hospital. The body was finally returned from Bahrampur hospital morgue on 12 June 2012. In the process, the family reportedly paid a total of Rs. 3400 to the staff at the morgue and to the officers at the police station to have the body transferred and for a disposal certificate.

Those who demanded and accepted bribe are Mr. Swarup Biswas (Rs. 1700), Sub Inspector of Police, at Raninagar Police Station, and an assistant at the mortuary (Rs. 700). The Sub Inspector once again demanded and was paid Rs. 1000 for issuing a body disposal certificate from Raninagar station. Mr. Kader Seikh, one of the persons who engaged Razzak and his children to smuggle the cattle across the border assisted in these payments.

Mr. Soumen Dutta, Executive Magistrate of Murshidabad carried out the inquest upon Razzak's body at Raninagar Police Station. When MASUM's staff wanted to know whether the BSF had filed any report at the police station, the Sub Inspector of Police, Mr. Swarup Biswas at Raninagar Police Station refused to provide any information.

On 13 June, Afroza approached Raninagar Police Station to register a formal complaint against the BSF personnel involved in beating and killing her husband. However, Mr. Tuhin Biswas, the Officer-in-Charge at the police station, refused to accept the complaint and asked them to approach Islampur Police Station instead. At Islampur Police Station, the officer on duty, Mr. Tushar Mondal, Sub Inspector of Police, wrote down the complaint and asked them to return the next day, informing the family that then the Officer-in-Charge could provide them the case number concerning the complaint. But on 14 June when the family approached the station, the officers chased the family out of the police station and threatened them that if the BSF came to know that they were filing a complaint against the BSF, they would finish the family off. Afroza then decided to file a complaint at the office of the Superintendent of Police, Murshidabad. On 15 June 2012, Afroza filed a complaint at the police superintendent's office. However Afroza is not aware till today whether a case is registered based on the compliant or not.

Razzak's case is one among hundreds of cases reported from West Bengal involving the BSF and of extrajudicial execution. The latest in the series could be accessed at INDIA: BSF cuts down another innocent man, culling conscience and Constitution in the process.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an investigation into Razzak Seikh's case. The BSF officers involved in the case should be identified and prosecuted, and the police officers with whom Razzak’s widow had to deal with should likewise be prosecuted for extorting bribes from the family and being derelict in their duty to formally register her complaint.

The AHRC is also writing separate letters to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions calling for further intervention in this case.

To support this appeal, please click here:

Send an APPEAL LETTER

SAMPLE LETTER:

Dear __________,

INDIA: Please take immediate action to investigate the murder of Mr. Razzak Seikh by the BSF at Char Harudanga BSF border outpost

Name of the victim: Mr. Razzak Seikh (alias Babu alias Bhagu Seikh), son of Kalu Seikh, aged about 45 years, of Char Gopalpur village, Maricha post, Islampur Police Station, Murshidabad district, West Bengal state, India
Name of the perpetrators:
1. Border Security Force officers reportedly stationed at border outposts 8 and 9 of Harudanga Mini BSF BOP Camp, Battalion number 95;
2. Mr. Swarup Biswas, Sub Inspector of Police, Raninagar Police Station;
3. Mr. Tuhin Biswas, Officer-in-Charge, Raninagar Police Station;
4. Mr. Tushar Mondal, Sub Inspector of Police, Islampur Police Station
Date and time of the incident: 11 June 2012 at about 2.00 am
Place of incident: Within the jurisdiction of Char Harudanga BSF border outpost

I am writing to express concern regarding yet another case of extrajudicial execution reported from West Bengal involving the Border Security Force (BSF). I am concerned by the pattern of violence, reported regularly from the Indo-Bangladesh border involving the BSF. The impunity enjoyed by the BSF, and the entrenched corruption in the state administration including the state police, rendering seeking remedies in these cases not only pointless since the possibilities of obtaining remedies are almost absent for the families, but also a risky affair as suggested by the police officers involved in the case.

The facts of the case reported to me are as follows:

Razzak Seikh was an agricultural labourer of about 45 years of age, living in the village of Char Golpapur in West Bengal state. On 10 June 2012, three men - Mr. Kader Seikh, son of Mulluk Seikh; Mr. Manilala Seikh, son of Arej Seikh; and Mr. Sajarul Seikh, son of Abdul Seikh - all residents of Char Gopalpur under the jurisdiction of Islampur Police Station allegedly hired Razzak and two of his sons to smuggle cattle across the border into Bangladesh. They allegedly offered Razzak and his sons, Mr. Saimuddin Seikh and Mr. Majrul Seikh, Rs. 1000 for each pair of cattle they could smuggle into Bangladesh.

At about 5 pm on the same day, they called upon Razzak and his sons and made final arrangements, assuring Razzak and his two sons that everything has been arranged for and that the BSF would not bother them when they crossed the border into Bangladesh with the cattle. Accordingly at about 2 am the next day, Razzak, his two sons along with Mr. Haniful Seikh, son of Azizsul Seikh, tried illegally crossing the border from India into Bangladesh with the cattle.

However in the process, a group of BSF officers spotted and chased them. Razzak’s sons and Haniful fled and hid in the grass nearby. However the officers managed to get Razzak. Razzak's children and Haniful witnessed the BSF officers blindfolding Razzak and savagely beating him. They could hear Razzak screaming and pleading apology and let him go with the officers. Then, the BSF officers ordered Razzak to stand-up, which he did, bleeding profusely from his wounds. The officers then ordered Razzak to walk towards BSF outpost 8 and 9 along with some cattle that have been rounded up by then. Then the officers ordered Razzak to flee. As he started running, the officers reportedly shot Razzak from behind. The bullets tore large chunks of flesh off Razzak's body, killing him instantly.

On the same day, Mr. Babu Seikh, son of Nurul Seikh informed Razzak’s family that a person from Gopalpur had been killed by the BSF. Razzak's two sons knew that it was their father but was afraid to visit the place where the shooting was reported from, since they were worried whether they would be implicated in the incident. They waited till about 10 am and went to the Godhanpara Block Primary Health Centre with their mother, Afroza Bibi. Some 50 to 60 villagers accompanied the family.

Over the next two days, Razzak’s wife, Afroza Bibi, and sons were forced to make several visits to various locations, including Raninagar Police Station to request returning Razzak’s body, including twice to the mortuary at the Lalbagh hospital. The doctors had refused to perform a post-mortem on the deceased at the Lalbagh hospital. The body was finally returned from Bahrampur hospital morgue on 12 June 2012. In the process, the family reportedly paid a total of Rs. 3400 to the staff at the morgue and to the officers at the police station to have the body transferred and for a disposal certificate.

Those who demanded and accepted bribe are Mr. Swarup Biswas (Rs. 1700), Sub Inspector of Police, at Raninagar Police Station, and an assistant at the mortuary (Rs. 700). The Sub Inspector once again demanded and was paid Rs. 1000 for issuing a body disposal certificate from Raninagar station. Mr. Kader Seikh, one of the persons who engaged Razzak and his children to smuggle the cattle across the border assisted in these payments.

Mr. Soumen Dutta, Executive Magistrate of Murshidabad carried out the inquest upon Razzak's body at Raninagar Police Station. When MASUM's staff wanted to know whether the BSF had filed any report at the police station, the Sub Inspector of Police, Mr. Swarup Biswas at Raninagar Police Station refused to provide any information.

On 13 June, Afroza approached Raninagar Police Station to register a formal complaint against the BSF personnel involved in beating and killing her husband. However, Mr. Tuhin Biswas, the Officer-in-Charge at the police station, refused to accept the complaint and asked them to approach Islampur Police Station instead. At Islampur Police Station, the officer on duty, Mr. Tushar Mondal, Sub Inspector of Police, wrote down the complaint and asked them to return the next day, informing the family that then the Officer-in-Charge could provide them the case number concerning the complaint. But on 14 June when the family approached the station, the officers chased the family out of the police station and threatened them that if the BSF came to know that they were filing a complaint against the BSF, they would finish the family off. Afroza then decided to file a complaint at the office of the Superintendent of Police, Murshidabad. On 15 June 2012, Afroza filed a complaint at the police superintendent's office. However Afroza is not aware till today whether a case is registered based on the compliant or not.

Please therefore take actions to ensure that:
1. Razzak's family is immediately provided protection from any possible repercussions from the BSF for complaining against them;
2. The statements of Mr. Saimuddin Seikh and Mr. Majrul Seikh recorded by a judicial magistrate;
3. A copy of the post-mortem report of Razzak immediately made available to the family;
4. An investigation, supervised by a judicial magistrate is ordered into the incident;
5. The BSF officers allegedly involved in shooting Razzak dead be immediately arrested by the BSF Police and detained until the investigation and prosecution of the case is over;
6. The victim's family offered immediate interim compensation by the state government;
7. The allegations of corruption against the police officers immediately investigated;
8. A separate investigation ordered into the conduct of BSF officers stationed along the Indo-Bangladesh border.

Yours sincerely,

--------------------------------------------------
PLEASE SEND YOUR LETTERS TO:

1. 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

2. 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

3. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in

4. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 2214 4328
Email: chiefsec@wb.gov.in

5. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in

6. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in

7. Superintendent of Police
Murshidabad
BMP Police Office
Berhampore 742101, Murshidabad District
West Bengal State
INDIA

Thank you

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Send an APPEAL LETTER

Visit our new website with more features at www.humanrights.asia.

You can make a difference. Please support our work and make a donation here.

ENDS

© Scoop Media