Indian youth died, many injured; BSF camping well inside Indian territory; BGB fired indiscriminately, IMPUNITY 1 message Kirity Roy <[email protected]> Fri, Jun 5, 2015 at 6:29 PM To: [email protected], [email protected] Cc: "Cabinet Secretary, Bangladesh" <[email protected]>, [email protected], [email protected], Home Ministry <[email protected]>, "Dr. Mijanur Chairman NHRC Bangladesh" <[email protected]>, OHCHR <[email protected]>, jrlawnhrc <[email protected]>, "Indian High Commissioner, Bangladesh" <[email protected]>, "Bangladesh High Commission, New Delhi" <[email protected]>, UN SR EJE Christof Heyns <[email protected]>, "UN SR Torture Asstt Ms. Petrine Leweson" <[email protected]> To 1) 2) The Acting Chairman National Human Rights Commission Manav Adikar Bhawan, Block- C, GPO Complex INA, New Delhi – 110023 H.E. Sheikh Hasin Prime Minister, Bangladesh District Magistrate, South Dinajpur Ref No. MASUM/DM/SDP/18/4077/15 Superintendent of Police, South Dinajpur Ref No. MASUM/SP/SDP/18/4078/15 5 June 2015 Respected Madam / Sir, On the eve of visit of Prime Minister of India and Chief Minister of West Bengal to Dhaka, Bangladesh to strengthen cordial relationship between two countries; I want to attract your kind attention about an incident of extra judicial killing by Border Guard of Bangladesh (BGB) personal. The accused BGB personal entered 20-30 feet inside the Indian territory without any objection and fired 14-15 rounds of bullets. Initially the victim was injured and fell down on the ground but after that BGB personnel dragged him inside their territory and fired him in close range. The area where the whole incident was happened is at the actual border between India and Bangladesh; though there is no fence and Border Security Force stationed well inside the Indian territory. This incident again unrevealed and proved our long time observation that the Border Security Force personnel and system and management of border security at India’s eastern border fail to protect the safety and security of the citizenry. The incident violated the international obligations stated in article 6 and 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 by the Bangladesh bordering guards. I am appending a detail of the incident for your reference and demand for: The incident must be investigated by the Commission’s own investigating wing and role of BSF and their inability to protect Indian citizenry must be enquired with specific terms and reference. The families of the deceased and injured must be provided with adequate financial compensation. The government of neighboring country Bangladesh must be requested for stern actions against the errant Thanking You Yours truly Kirity Roy Secretary, MASUM & National Convener, PACTI Name and details of the victim- Bitan Barman son of Late Baidya Barman; aged about 24 years lived in Village – Basudevpur (Dakksin Para), Block – Hili, Police Station –Hili, District – Dakshin Dinajpur Details of Secondary victim - 1.Mother – Ms. Mithun Barman(54 years) 2.Wife –Ms. Susmita Das Barman (25 years) 3. Son -Master Sayantan Barman (4 years). Name and Details of Perpetrator- One Border Guard Bangladesh (BGB) personal named Mr. Russel. Date and Time of the incident - On 7th April 2015 at 3.45 pm. Place of the incident - At Dakshinpara village near to Hili Border in Dakshin Dinajpur Details of the incident - At Daksinpara village near to Hili border is the haven for the smugglers who used this porous border for illegal movements and have ‘sanction’ from posted bordering guards of both the countries. There is no fencing and Border Security Force (BSF) is posted a far away from the actual border and well inside the Indian territory. Mr. Bitan Barman resident of Daksinpara village was a daily labor by profession. His family consists with his mother, wife and son. He is the only earning member of his family. On 07.04.2015 Mr. Bitan Barman with some other co villagers were playing cricket at the adjacent of the border at their village playground. Here it must be informed that the village is situated in between BSF outpost and actual border. At 2 pm one Border Guard Bangladesh (BGB) personal came to them and opposed to play cricket over there but the villagers just ignored him and continued their game after the BGB personal left. Moments after their ball dropped inside Bangladeshi territory during the game and one person named Mr. Manik went to collect it. Then some BGB personnel rushed and captured him and dragged far inside their territory and other players followed him to rescue. Due to that a clash between posted BGB personnel and villagers broke; both the sides threw stones to each other and some people were injured. At 3.45 pm, one BGB personal; Mr. Russel opened fire from their territory targeting to gathered villagers at Indian side and Bitan Barman received gunshot injury and he fell down to ground at the Indian side. The BGB personnel entered Indian territory and dragged his body towards Bangladeshi land and after crossing the border fired him again from close range. The helpless villagers only stared the gruesome incident. Due to this indiscriminate firing by BGB personnel another person named Mr. Prashanta Roy sustained gunshot injury. Mr. Prashanta Roy was initially admitted at Balurghat District Hospital on the same day and later transferred to Dishari Health Point; a private medical care at Malda. The doctors amputated his injured left hand. On 08.04.2015 the BGB personnel, BSF personnel and police personnel of Hili police station met during one flag meeting and at around 10 pm the body of Bitan Barman was handed over by the BGB personnel to their counterpart. On that day one BSF personnel from B- Company, Battalion Number – 96 named Mr. Surendar Pal lodged one complaint at Hili Police Station which was registered vide Hili PS case number- 65/15 under sections 326/307/302/34 of Indian Penal Code and on the same day the police personnel of Hili Police Station registered one U/D case vide 14/15. On 09.04.2015 the dead body of the victim was sent for post mortem examination Balurghat District Hospital’s morgue and PME was done at around 2.45 by one Dr. P. Adhikary. On 11.04.2015 and 13.04.2015 our fact finding team investigated the matter and came to know that on 07.04.2015 the BGB personnel entered 20-30 feet inside the Indian territory and fired 15-16 rounds of bullets during the clash. Bulletproof jackets, empty shells, monkey caps and other articles of BGB personnel recovered from the place of incident. On 28.04.2015 Mr. Prashanta Roy lodged one complaint to Superintendent of Police; Daksin Dinajpur and corroborated the fact; he pleaded that his family spent Rs. 56000 on his treatment. While contacted with the local police station, they accepted the lackadaisical approach of BSF and cited the reason of their absence at the border; further they said that BGB and BSF encouraging the villagers in cross border smuggling and receiving bribes but while there is any clash of interest, the posted guards are resorting with extreme act. The family is under abject poverty and financial hardship due to the loss of their only employed person. Complaint of BSF to police Medical document of injured Mr. Prasanta Roy
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