“Trigger Happy”
II. Excessive Use of Force and Indiscriminate Killings by the BSF
The Indian Border Security Force (BSF) justifies the killing of suspects by claiming that they were evading arrest, or that they had to fire in self-defense. However, in the cases investigated by Human Rights Watch, the alleged criminals were armed with nothing but sickles, sticks, and knives, commonly carried by villagers in the area. The police reports filed by the BSF seldom mention injuries received by the BSF’s own personnel which suggest that the border guards may have used lethal force instead of attempting arrest. In a number of cases, the victims were shot in the back, indicating that they may have been shot while running away. In others, injuries indicating victims were shot at close range, support allegations that they may have been killed while in custody.
Section 46 of India’s Code of Criminal Procedure states that it is permissible to use “all means necessary” when a person attempts forcibly to resist arrest, but it also clearly forbids causing the death of a person who is not accused of an offence punishable by death or a life term.[49] Cattle-rustling is not such an offense. In other words, under domestic law, while authorities may use force to detain such a suspect, they cannot use lethal force to do so. However, no international law or standard permits the use of lethal force on the grounds that a person is suspected of a crime that carries life imprisonment or the death penalty. BSF members violate domestic and international laws when killing Indian and Bangladeshi nationals.
The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials calls upon officials to apply, as far as possible, non-violent means before resorting to the use of force and firearms. Even in self-defense, intentional lethal use of firearms is permitted only when strictly unavoidable in order to protect life. Officials are required to exercise restraint and “act in proportion to the seriousness of the offence.”[50]
A former BSF official told Human Rights Watch that about a decade ago orders were handed down to shoot at suspected smugglers at the Bangladesh border. The official said that the assumption underlying the policy was that it would deter such illegal activities. However, he agreed that those orders, instead of serving as deterrence, are now causing deaths.[51]
Attacks on Bangladeshi Nationals
According to Odhikar, between 2000 and September 2010, over 930 Bangladeshi nationals were killed in the border area by the Indian BSF, including at the international frontier in the state of West Bengal where we did our research. Below are some recent cases that were investigated by Odhikar in collaboration with Human Rights Watch for this report.[52] These cases provide evidence of the BSF’s failure to use proportional force to address the alleged crimes.
Killing of Farid Hossain
Farid Hossian was a rickshaw puller from Sharialjot village in Panchagar district of Bangladesh. On February 5, 2010, according to his wife Rina Khatun, the 23-year-old father of two left home at around 11:30 p.m. On February 6, 2010, at around 8 a.m., she heard from other villagers that Farid had been killed by the BSF during the night.[53] Rina’s brother-in-law Faruq said a man collecting stones near the river Mohananda had been told by the BSF that a man named Farid Hossain from the Sharialjot village had been shot inside Indian territory, and asked him to inform the family.
According to Mohammad Zahir, a cattle-rustler, Farid had offered to go bring a cow from India. Zahir, Farid, and five others crossed over through the Kazipara border by cutting the border fence constructed by the Indians.[54] They then went to Haptia village near the Indian Haptia BSF camp:
While returning, we were chased by the BSF. All of us were able to escape but Farid hid in a tea garden. On February 6, in the morning, I heard that Farid had been shot to death by the BSF. I was summoned by the BDR Camp Commander where I admitted all the facts.[55]
On February 6, at 7:40 p.m., the BSF handed over Farid’s body at a flag meeting.[56]Mohammad Niyat Ali, an older relative of Farid Hossain, attended the meeting. The BSF said that an autopsy had been conducted, and provided the report which said there were bullet wounds to the chest. The Bangladesh police then handed the body over to the family for burial.
Niyat Ali suspected that Farid had been tortured because there were injuries and broken bones.[57] However, Odhikar also interviewed the BDR camp commander Abu Baker Siddique who said that the body had severe scratches all over his face, which had been caused by a dog probably used by the BSF to chase suspects.
The BSF Camp Commander, Nirodh Kumar, alledgedly told the BDR that six or seven persons were seen cutting the border fence. When the BSF chased them, the group scattered and ran away. While the others escaped, Farid hid in a tea garden. The BSF used a trained dog to track Farid down. The soldiers shot him as he tried to evade arrest.
Killing of Shyamol Karmokar
Naren Karmokar, a resident of the border village of Bishroshiya in Chapainababganj district, said that his 17-year-old son, Shyamol, wanted to visit his aunt who lives in Malda, India. However, since the family could not afford a passport, there was no legal way to enter India.
On January 24, 2010, Shyamol left home without informing his family. The next morning, at around 10:30 a.m., Naren Karmokar received a call from Shyamol, who said that he had crossed illegally into India, but had not yet reached his aunt’s house:
Everyone in the family was worried… We were relieved to receive his call. I told him to come back without visiting his aunt. I also told him to return alone, and warned him not to take any help from cattle traders. Shyamol called me on January 26 to say that he would be back the next day and that he had found a Bangladeshi who would help him. At around 3:30 a.m., I heard gun shots near the border and immediately became anxious about Shyamol. Around 5:30 in the morning, Zahid came to our house and told me that Shyamol had been shot dead by the BSF.[58]
When Naren received Shyamol’s body from the BDR on January 29, he saw that his son had been shot three times, in the abdomen, chest, and neck.[59] According to Mohmmad Zahid, who was helping Shyamol cross the border, the BSF opened fire without warning:
I work with Abdul Mannan and Milon at a rice mill in Bangladesh, but sometimes we also work in the cattle business. That day we were bringing two cows to Bangladesh. I had told Shyamol to meet us near the border, and at around 3:30 a.m. we started the journey to Bangladesh. We had two cows with us. Milon, who was the lineman, arrived an hour earlier. Soon after we reached near the border area, the BSF spotted us and immediately opened fire. Shyamol fell on the ground, while Mannan and I ran away. I don’t know what had happened to Shyamol after that… Once we entered into Bangladesh, I went to Shyamol’s house with Mannan to inform his father.[60]
A flag meeting was held on January 28, 2010, when the BSF handed over the body to the BDR. Odhikar spoke to Subedar Sirajul Islam, the BDR Camp Commander at Wahedpur about the death of Shyamol Karmokar. He stated that in their investigation they found that Shaymol was a barber who hitched a ride back home with cattle traders. The BSF claimed at the meeting that they had assumed Shyamol was smuggling cows into Bangladesh. For that reason, according to the BDR Commander, the BSF was justified in shooting him.[61]
The local police said that Shyamol was killed when the BSF opened fire upon a group of cattle-rustlers to which he did not belong. “It is one of the most unfortunate incidents that happened in this area. This boy was innocent but was shot just for walking with cattle traders,” said Yameen Ali of the Shibganj Police Station.[62]
Killing of Nazrul Islam
Around 5 a.m. on January 22, 2010, Nazrul Islam, a 40-year-old laborer from Baribaka village in Meherpur district was shot and killed by the BSF as he tried to cross the border fence between India and Bangladesh.
In the evening of January 21, Nazrul Islam had told his wife, Surjan, that he planned to help some cattle traders bring cows from India to Bangladesh. Before dawn the next morning Surjan and other villagers heard shots being fired near the border. Surjan told Human Rights Watch that she immediately suspected that her husband had been shot. Five months earlier, another cattle-rustler had been killed by the BSF. One of the villagers confirmed shortly afterwards that her husband had been killed close to Nabin Nagor village.[63] When Mohammad Ershad, a cousin, heard about the killing, he went to the area and saw Nazrul Islam’s body tangled in the barbed wire of the border fence.[64]
Surjan said that Nazrul used to work as a day-laborer. But since the money he made was not enough to support his wife, two daughters, and an elderly mother, he also took to cattle-rustling to pay off debts and the mortgage on their land.[65] According to Nazrul Islam’s son, Tutul, his father used to cross the border three or four times a month to smuggle cattle, and was able to make about 500 to 1000 taka (USD 7-14) each trip.[66] Nazrul Islam had apparently gone that morning as well, but had been spotted by the BSF and shot.
On January 23, the 92nd Battalion of the BSF handed over Nazrul’s dead body to members of BDR’s 32nd Battalion. According to a BDR commander, two bullets hit Nazrul in the abdomen after he was caught in the barbed wire on his way back to Bangladesh.[67] The investigating police officer at Meherpur district police station, however, told Human Rights Watch that Nazrul was hit with one bullet fired from a distance.[68] An autopsy was conducted, and the report issued by Meherpur general hospital in Bangladesh states that Nazrul died from “hemorrhage and shock as a result of gunshot injury which was ante-mortem and homicidal in nature.”[69]
While Nazrul’s family members told Human Rights Watch that he was operating together with others the night he was killed, no villagers were able to identify anyone who had witnessed the killing.[70] The police was also unable to find anyone who was present.
According to Subedar Habibur Rahman, Company Commander of the Buripota BDR camp, a flag meeting was organized with the BSF on January 22, 2010. The BSF claimed that the deceased, Nazrul Islam, was a cattle trader, returning from India with a cow and that he had cut a section of the fence and was trying to push the cow through. BSF also mentioned that Nazrul’s body was trapped in the fence and that they had recovered a cow from the spot.[71]
Killing of Shahidul Islam
Shahidul Islam, 37, was shot and killed by BSF along the Kazipur border in Meherpur district in the early hours of January 15, 2010.
According to his wife Kamala Khatun, Meherpur district resident Shahidul Islam had spent three years in an Indian prison, detained on charges of cattle smuggling.[72] He was released in November 2009, and returned to work as a laborer in Kazipur village where he lived with his mother, wife, and two daughters.
On January 14, 2010, Shahidul left home at 4 p.m. saying that he would be back by dinner time. However, Kamala was not surprised when Shahidul did not return as promised because he was often not back until midnight. The next morning, Kamala heard that her husband had been killed by the BSF during the night. She was told that her husband was shot near the Kazipur BDR camp about 1.5 km from their village.[73]
There are different accounts as to exactly when Shahidul was killed. Villagers interviewed by Human Rights Watch say they heard gunshots in the border area around 9 p.m. on January 14.[74] However, according to the records of a nearby BDR camp, no gunshots were fired until 4:30 a.m. on January 15.[75]
At a flag meeting between the Kazipur BDR camp and Fulbari BSF camp held on January 17, 2010, the BSF handed over Shahidul’s body and allegedly told BDR officials that he was shot while smuggling cattle. The BDR camp commander told Odhikar that Shahidul was a criminal who had been released from an Indian jail just a few weeks ago.[76] Shahidul was buried by his family the same day. Family members and police told Human Rights Watch that Shahidul had been shot with one bullet in the abdomen. Family members also say that the body had several bruises and broken bones and that there was a wound at the back of the head.[77] However, the investigating police officer, Osman Goni, said that the inquest found that he had been shot in abdomen, but did not find any signs of torture.[78]
Odhikar and Human Rights Watch have not been able to obtain further details as to the exact circumstances of Shahidul’s death. The killing took place at night at a place located 1.5 kilometers from the nearest settlement. The BDR, police, and villagers all say that there were no witnesses on the Bangladeshi side of the border.
Killing of Monirul Islam
It appears that Monirul Islam, a 23-year-old resident of Chapainobabganj district, was killed by the BSF after he had managed to cross back into Bangladeshi territory. Abdul Kaiyum said that on January 8, 2010, his son Monirul worked in the field with him and had dinner with him. At around 9 p.m. Abdul Kaiyum then went to bed. He now assumes that his son then secretly went out to meet cattle-rustlers.[79] Abdul Latif, 21, one of those who were with Monirul on the night of the incident, said:
Some of us including Monirul crossed into India around midnight to bring cows. We entered into Bangladesh through the Shing Nagar border around 6:30 a.m., when we discovered that we were being chased by the BSF. At that time we had already crossed the Chulkani Bil, which is 200 yards inside Bangladesh territory. The BSF started shooting at us from the no man’s land. As gunshots were fired, everyone scattered but Monirul fell to the ground. He had been shot in the chest… Later the BSF tried to fetch Monirul’s body and take it back to India. But in the meantime, a lot of villagers had already gathered around, and the BSF had to go back, leaving Monirul’s body.[80]
Major Nazrul Islam, BDR commander of the 29th Battalion posted at the Shing Nagar border said that on January 9, 2010, BDR was informed by villagers that a body had been found at Chulkani Bil. Monirul’s body had a gunshot wound on the left side of his chest. BDR claimed that Monirul was a cattle-rustler.[81]
Constable Yameen Ali said that on January 9, 2010, the police found that the BSF had shot a villager and the body was found inside Bangladesh. It appeared that the BSF had spotted the cattle-rustlers once the group had already entered into Bangladesh. He confirmed that Monirul Islam was involved with the cattle smugglers.[82]
Killing of Shafiqul Islam
At around 4 p.m. on January 1, 2010, 27-year-old Shafiqul Islam, a resident of Sheetalpur village in Satkhira District, crossed into India with some others to bring cattle. On January 9, while they were swimming a river to cross back into Bangladesh, they were allegedly spotted by some BSF guards, who chased them on a speedboat. While his accomplices were able to escape with the cattle, they say that they saw Shafiqul caught by the BSF.
One of the witnesses, Shahadat, met his mother-in-law, Masura Begum, on his return and asked her to inform Shafiqul Islam’s family of his death. He told Masura Begum that BSF personnel from Barunhat Camp stabbed and killed Shafiqul Islam and threw his body in the river.[83]
According to Masura Begum, the men were crossing the Kalindi River at night with the cows when the BSF gave chase to them in a patrol boat. Shahadat left the cows in the water and hid in the bushes at the river bank. He saw BSF guards chase Shafiqul and heard him shout a few times as the BSF kicked him. He saw some BSF guards stab Shafiqul with a knife. They were swearing in Hindi. Later the BSF threw him in the river and left the scene on their boat. Shahadat and his accomplice then went back, picked up the cows, and swam into Bangladesh.[84]
Shafiqul’s mother, Saleha Begum admitted that cattle traders used to pay Shafiqul 2500-3000 taka [USD 35-40] to ferry cows from India into Bangladesh:
Shafiqul and Shahadat of Khainja village and another person were bringing some cows from India. Even though I repeatedly told him not to go, Shafiqul left the house that day and crossed the Kalindi River. Shahadat and the other person were able to return alive with cattle from India on January 9, 2010, but my son did not come back alive….When Masura Begum told me of my son’s death, I began looking for Shafiqul’s body in the Kalindi River. On January 13, a woman from Uksa village told me that Shafiqul’s body was lying on the bank of the river adjacent to the BDR camp at the Uksa border. I went there with Shafiqul’s wife Anjuara… After recognizing Shafiqul’s body, I sent Anjuara to the Uksa BDR camp to inform them.[85]
Mosammat Fatema Begum, who found Shafiqul’s body, said that it was nude, with a black tube around the chest. There were cuts on the left cheek and on the feet.[86]
Sub-Inspector Abdul Huq recovered Shafiqul’s body on January 13, 2010. It was sent for autopsy on the following day and then handed to the family for burial. The police officer said that Shafiqul, a cattle-rustler, was swimming back to Bangladesh holding the tail of a cow, and wearing a tube around his chest, when members of the BSF ran a speedboat over him. Shafiqul’s body was cut by the blades of the speedboat.[87] He said that although the police did investigate the death, the Bangladesh police had no authority to bring charges against the BSF.
Killing of Abdur Rakib, a 13-year-old boy
Abdur Rakib, aged 13, was also killed inside Bangladeshi territory. On March 13, 2009, a BSF trooper had an argument with a boy who was fishing in the Dohalkhari Lake, barely 20 meters from an international border. The soldier opened fire, and hit two other boys who were grazing their buffaloes nearby. Abdur Rakib was shot in the chest and died instantly. Mohammad Omar Faruq, aged 15, was injured. He said:
I had taken our three buffaloes for grazing in the field. This field was about 50 yards from the border. It is a common grazing ground and a lot of other boys were feeding their buffaloes in the same field. There is a lake called Dohalkhari about 30-40 yards from that field towards the border. A young boy was catching fish in the lake. Everything was going on as usual when I heard a sound coming from the lake. A BSF soldier was standing at the border and loudly talking to the boy who was catching fish. It seemed that he wanted the boy to give him some free fish. This went on for about half-an-hour and it started to become very heated. I thought that the BSF soldier might be drunk.... Soon they started to verbally abusing each other and then the BSF pointed a gun at the boy. The boy ran and the soldier started to shoot. I think maybe about seven to ten rounds were fired… I was hit on the right hip and fell down. Everyone else around me was running to hide, leaving their buffaloes… I crawled to a paddy field and waited for help.[88]
Toriqul Alam, 22, who was working on his farm nearby, heard the gunshots and then saw Omar Faruq crying and crawling away. He and some others ran to pull him to safety. Toriqul Alam says that he also saw that Abur Rakib was lying on the ground, dead.[89]
Mohammad Abu Bakar, Rakib’s uncle, also witnessed parts of the incident. He was irrigating his fields when he heard gunshots. He ran to a paddy field nearby to hide after hearing the first shot. From there, he saw that his nephew had been shot by a BSF soldier. Later, he saw the soldier, a black cloth covering his face, carrying a gun in his right hand, dragging Rakib’s lifeless body by his right leg through the field over a culvert on the Indian side. The soldier then walked two buffaloes close to the border so that it appeared that they were brought from India. After that, he made a call on his mobile phone. A little later, Abu Bakar saw about a dozen BSF personnel arrive in a van, who took Abdur Rakib’s body away.[90]
A flag meeting was held between the BDR and the BSF on March 14, to discuss the incident. The BSF tried to insist that the victims were illegal cattle traders, but the BDR personnel presented witness accounts countering this version. Some villagers who were present during the flag meeting said that the BSF eventually apologized and promised that the soldier responsible would be punished.[91] There is no information on any action taken.
Abdur Rakib’s body was handed over to the BDR after an autopsy in India. Omar Faruq was taken to hospital.
Indiscriminate Shooting at Nazrul Islam and Anwar Hossain
Nazrul Islam, a 34-year-old rickshaw puller from Panchagar district, said he occasionally supplemented his income through cattle smuggling. On January 5, 2010, he left his home in the evening, telling his wife that he was going to ferry some cows back from India. He met up with several others but when they reached the border, they found a heavy BSF presence patrolling in the area. So they decided to wait, only setting out around 3 a.m. the following morning. They were very close to the Haptia camp of the BSF, but failed to notice some soldiers who were hidden in the field:
As soon as the BSF saw us, they started firing without warning. On that night, the BSF shot at least 30 rounds. I had never experienced such firing from the BSF before. Hearing the gunshots, all of us ran to save our lives. I was running towards India. I got shot in my right hand….I went directly to an Indian cattle trader’s house. The BSF was looking for me… I called my cousin who lives in India… He came and took me home and a local doctor put a bandage on my wound…. The next day, I went to Shiliguri.[92]
Shiliguri is a town in West Bengal and Nazrul Islam was admitted into a hospital. He remained in the hospital for several days but had to flee once a doctor discovered that he was a Bangladeshi national and started demanding bribes, threatening to inform the BSF. On January 21, 2010, he finally managed to contact some cattle traders who helped him cross back into Bangladesh.
Anwar Hossain had also run once the BSF opened fire. He was injured in his right palm. Anwar and two others managed to hide in tea estates until they were able to contact an Indian cattle trader who helped him find a doctor to clean the wound and provide medicine. The BSF managed to track them down at the cattle trader’s house on January 8, but they escaped and eventually returned to Bangladesh.[93]
Injuries to Rumi Akhter Nipa, a 12-year-old girl
On October 4, 2009, Rumi, a resident of Nawdapara village in Kurigram district, ate her usual meal of rice and vegetables at around 8 a.m. and then went to school at 9 a.m. According to the 12-year-old, when she reached school in the morning, none of her classmates were present. The teacher asked her to go fetch her friends so that classes could start. It was Ramadan,[94] so the girls had probably been delayed.
Rumi found her friends at a pond near the border, between international pillars no. 1063 and 1064. They were bathing in the pond. Rumi’s maternal aunt Rubi, whose house is in that area, was also present. Rumi said:
My friends Sheuli, Mina, Mousumi, Shilpi, and couple of other classmates and friends were bathing in the pond. My aunt Rubi, whose house is in that area, was there as well. On our way back to the school, suddenly I felt as if I had been hit by a stone. It was tingling, sharp pain on my right thigh. When I told my aunt about the stone, she brushed it off saying that it was nothing serious. But soon my dress started to turn crimson. My aunt became a little worried and she checked my thigh and screamed, “You have been shot.”[95]
Rubi called out to her son Faruk who was working nearby. He had heard the shots earlier, but he thought the sound had come from the Indian side of the border. He rushed when his mother called him, and found his cousin, Rumi, had fallen down, with her clothes drenched in blood. He immediately looked across the border, but he could see no BSF personnel there. He then rushed Rumi to the hospital.[96]
According to Subedar Abul Kalam Azad, the BDR first learned of the incident when they saw a group of angry villagers at the hospital where Rumi had been brought. The villagers said that two rounds were fired by the Shapara BSF members at Chadnichawk on the Indian side of the border into Nawdapara on the Bangladeshi side.[97]
Outraged by this apparently indiscriminate shooting, the BDR contacted Shahpara BSF camp. Two flag meetings were held. On October 5, 2009, in the morning at 10 a.m, there was a meeting of camp level officials. On October 7, at 11 a.m. there was a meeting of Battalion commanders. At the flag meetings, the BSF apologized profusely for the incident. On October 7, at the commander level meeting, BSF Commander Brajesh, who was in charge of the 151 Battalion of Shahpara Camp apologized again and said that the person or persons responsible would be identified and punished.[98]
http://www.hrw.org/print/reports/2010/12/09/trigger-happy
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Here documented incidents showing indian bsf terrorists are shooting inside Bangladesh and killing teen age child. indian hoax of "illegal entry" is exposed wide open by HRW investigation.