Torture, harassment of a youth by BSF men in Cooch Behar dist: Complaint to NHRC

Complaint to the chairman, National Human Rights Commission, by Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convener, Programme Against Custodial Torture & Impunity (PACTI):

I am writing this to inform you about an incident of brutal torture and harassment of a marginalized Muslim man named Asidul Miya by Border Security Force personnel associated with Chitrakut BSF BOP. The victim is a resident of Kaiyeterbari village of Sitai Block, Dinhata subdivision in the district of Cooch Behar. The victim has to sustain a family of six and his main source of livelihood is agriculture and a small grocery store run by him.
On 09.03.2022, the victim was picked up from his village, where he was allegedly associated with illegal cross-border smuggling and taken near the fencing gate. He was then brutally tortured and forcefully submerged in mud by the perpetrator on duty BSF personnel. The victim was later rescued by the villagers and taken to a doctor at Cooch Behar for treatment. The victim lodged a written complaint to the Superintendent of Police, Cooch Behar district but no action has yet been taken against the perpetrators.
This incident is a gross violation of Article 21 of the Indian Constitution and also the premise of Article 6, 7 and 9 of International Covenant on Civil and Political Rights along with Goal 16 of Sustainable Development Goals which has been earmarked by the United Nations and in both of these instruments India is a party and has agreement. The fact that the victim had to engage himself with illegal trade is violating the purpose of Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This incident legitimizes our long-standing demand for immediate ratification of United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment.
I request your urgent intervention in this case to bring justice to the victim and his family members by taking these necessary actions:

• The BSF should be posted through the IBP of the border and not inside the villages
• Specific criminal case to be registered against the perpetrator BSF.
• FIR should be lodged immediately against the perpetrator BSF on the basis of the complaint lodged before the SP of Cooch Behar, and a copy of the complaint should be made handed over to the victim
• The perpetrator BSF should be tried and tested for the torture that has been committed by them
• Victim, his family and the witness should be protected.
• There should be an independent inquiry into the case.