Case IND 070808.CC
CHILD CONCERN
Extra-judicial killing of a 15 year-old boy by an officer of the Border Security Force
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source and by Antenna International, a member of SOS-Torture network, of the killing of Shilajit Mondal, aged about 15 years old, on 23 July 2008 in Rajanagar village, Murshidabad, West Bengal, India, by a Border Security Force (BSF) officer.
According to the information received, in the morning at about 11:30 a.m. some smugglers were trying to cross the border into Bangladesh with bags of fertilizer. They were chased by BSF officers of battalion n°90. One BSF officer, Mr. Islam from this battalion stationed at Rajanagar Border Out Post Camp, reached the border by motor-boat. While Shilajit was sitting outside his house on the roadside, Mr Islam reportedly went up to him and asked in Hindi where the smugglers were. Shilajit was unable to answer as he did not know the Hindi language and he also had no information about the smugglers.
Then, according to the same source of information, the officer grabbed Shilajit and started beating him with his fists. Hearing the blows and cries, local people reportedly rushed to the scene and tried to stop the assault. Suddenly, at about 11:50 a.m, Mr. Islam fired at Shilajit at point blank range when the boy was standing at the gate of the courtyard. As Shilajit fell down, Mr. Islam fled by motor-boat. There were many eye witnesses. One of them confirmed the brutal attack by the BSF officer.
Several villagers took care of Shilajit and drove him to Berhampore New General Hospital where he was admitted immediately for surgery at about 1:45 p.m. The bullet had entered the body of the victim through the left side of his chest, below the shoulder, and the bullet had exited through his back. As Shilajit had lost a lot of blood, his condition was deteriorating continuously. At about 3 p.m., the victim died.
It was also reported that, after Shilajit had been brought the hospital, the rest of the local people assembled on the road and started protesting against the BSF. In response, the Company Commandant of battalion n°90 arrived and allegedly fired about 11 rounds of bullets at the villagers.
The International Secretariat of the OMCT is gravely concerned about this incident that adds to a series of similar cases of extra-judicial killings of civilians, including children, committed by the Border Security Force in West Bengal. In most cases, the impunity of the perpetrators prevails. OMCT wishes to recall that India is party to the UN Convention on the Rights of the Child and is bound to the obligation therein to "[…] recognise that every child has the inherent right to life […][and to] ensure to the maximum extent possible the survival and development of the child" (article 6). Furthermore, OMCT wishes to reiterate the concern expressed by the Committee on the Rights of the Child in its last Concluding Observations in 2004 as regards to the "numerous reports of alleged instances of killings of children by law enforcement officials" in India (CRC/C/15/Add.228, 26 February 2004, paragraph 42).
Requested action
Please write to the authorities of India urging them to:
i. order an impartial and exhaustive inquiry into the killing of Shilajit Mondal, bring the responsible officer before a competent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
ii. ensure that adequate compensation be provided to the family of the victim;
iii. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, guarantee the safety and the physical and psychological integrity of all children throughout the country and adopt immediate measures to put an end to extra-judicial killings of children and youths;
iv. Provide appropriate protection to the witnesses of this incident.
Addresses
- Shri Manmohan Singh, Prime Minister of India, Prime Minister's Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
- Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
- Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email:supremecourt@nic.in
- Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
- Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
- H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9 (6eme etage), 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
Please also write to the embassy of India in your respective country.
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Geneva, August 7th, 2008
