Bengal NGO complaints to NHRC on firing of Bangladeshi youth
MASUM an NGO working on human rights issues have complained before the NHRC about the alleged firing by BSF jawan on a Bangladeshi youth. The petition by the Kirity Roy, the secretary of MASUM draws clearly the various stages if the incidents. Roy in his petition says, the firing was was unjustified and uncalled-for, further it was against the BSF’s own decision regarding non use of lethal weapon at India- Bangladesh border. The BSF personal fired on him from close proximity and pellets and explosives injured him throughout of his body. The person was sent to correctional home; not adequately treated though made repeated request to prison officials for treatment.
The incident was in total contravention of Article 21 of Indian Constitution; which guarantee life and liberty to all even to the foreign nationals inside the Indian Territory.
The BSF personnel also violated the international obligations stated in article 7 of ICCPR and article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979 and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
Kirity Roy appending a detail account of the incident for easy reference and demands for:-
· An urgent and independent investigation over the incident
· The erring BSF personnel and prison officials must be booked under appropriate legal provisions
· The victim must be provided with financial compensation
Name and details of the victim: Mr. Arif Hussain Gazi; son of Mr. Ali Hussain Gazi; aged about 22 years, a resident of village- Gayra, Post office- Chandanpur, Police Station- Kalroya, District- Satkhira, Bangladesh
Name and details of the perpetrators: Border Security Force personnel attached with Gobindapur Border Out Post of 152 BSF Battalion and Prison Officials of Dumdum Correctional Home.
Date and time of the incident: 05.03.2015, in between 3.00 to 3.30 am
Place of incident: adjacent to Kultala drain, under Swarupnagar police station
Case Details: In recent times cross border smuggling of cattle has reduced considerably at the mentioned bordering area. The reasons are varied. This initiative came heavily on the courier who out of their utter penury trying to smuggle cattle through this porous border. The small scale rattlers of Bangladesh and India trying to deceive the posted guards and became victim of their abuses. In recent time many small scale rattlers injured and killed by the posted guard. Situation further aggravated by the falsified statement of Home Minister of Union of India that there is no such notification from Border Security Force on no- use of lethal weapon at the said border.
In this incident, the victim along with 7 other cross border cattle smugglers entered Indian land on the mentioned date and time at the said place from Bangladesh. BSF personnel fired upon them, 7 accomplish of the victim fled but Arif received pallets and injured by the explosive substances used in cartridges of bullet and caught. A case has been lodged against the victim vide Swarupnagar PS Case No 164/15 dated 05.03.2015 under sections 143/186/353/188/332/333/307 of Indian Penal Code and section 14 of Foreigners Act (G.R Number 1053/15). His medical checkup was done at Saraful Rural Hospital at Swarupnagar and it was reported that he was not provided with adequate medical attention. He was produced before the Basirhat Additional Chief Judicial Magistrate’s court and sent to Dumdum Central Correctional Home. On 24.03.15, he was again produced before the court and now he is in prison. He informed us that he was not provided with medical attention at Dumdum Central Correctional Home; though he made repeated request to the prison authority.
In last 30 years neither BSF nor police could arrest a single kingpin of international smuggling racket , only poor rattlers are being killed or tortured.