Amnesty International has been closely following the case of Kartam Joga, an adivasi (Indigenous) political activist who has been imprisoned in the central Indian state of Chhattisgarh. 40-year-old Kartam Joga has been in Dantewada district jail since 14 September 2010.
Amnesty International considers Kartam Joga to be a Prisoner of Conscience and that the charges brought against him are politically motivated and a pretext to detain him on account of his political activism which has never involved the use or advocacy of violence. The organization believes that the authorities in Chhattisgarh decided to imprison and charge him in response to the Supreme Court criticism
The organization believes that the real reason for Kartam Joga’s imprisonment is his peaceful political activities as an activist of the Communist Party of India (CPI) and an elected member of a local self-government body and his defence of human rights of adivasi communities.
In 2007 he had participated in petitioning India’s Supreme Court regarding human rights violations in Chhattisgargh and impunity for security forces and Salwa Judum, widely held to be a state-supported militia who were involved in operations against the armed Maoists in the Bastar region of the state since 2005.
The charges against him include collaborating with the Maoists in ambushing and killing 76 Central Reserve Police Force (CRPF) personnel on 6 April 2010, murdering a leader of the ruling Bharatiya Janata Party (BJP) Budhram Sodi in May 2010, killing the father of a special police officer attached to the CRPF in August 2010, and ambushing a truck and killing four persons on 7 December 2009.
Kartam Joga’s arrest and the bringing of these charges came after India’s Supreme Court, on 31 August 2010, criticized the Chhattisgarh government for being “wholly vague and indefinite” while replying to several questions raised by two petitions filed three years ago seeking an end to impunity and violations by the Salwa Judum and the security forces engaged in operations against the armed Maoists in Chhattisgarh since 2005. The first of the two petitions had been filed by Kartam Joga and two other CPI activists, and the second, by sociologist Nandini Sundar, historian Ramachandra Guha, and E.A.S. Sarma, a former civil servant.
The charges against him and his imprisonment are another glaring example of how the authorities in Chhattisgarh target those who have sought to consistently defend the human rights of the adivasi communities since 2005.
Two other human rights defenders in Chhattisgarh – medical doctor Dr Binayak Sen and cinematographer TG Ajay – spent two years since 2007 and three months in 2008 respectively in jail on charges of collaborating with the Maoists before they were released on bail. In May 2009, another human rights defender Himanshu Kumar, and some staff of his organization, Vanvasi Chetna Ashram, which continued to document the violations and abuses against the adivasi communities, had to flee the Bastar area after persistent harassment by the police and district authorities.
Kartam Joga underwent medical treatment and an operation for injuries he received when he was attacked by members of the Salwa Judum’s militia in 2005. Since then, he has been in the forefront of documenting and exposing human rights abuses against adivasis, including more than 500 unlawful killings and instances of sexual assault, rape and burning down of adivasi hamlets and houses and the displacement of more than 30,000 adivasis during the conflict in Chhattisgarh since 2005.
Acting on the petitions filed by Kartam Joga and others, the Supreme Court, in April 2008, directed India’s National Human Rights Commission to ascertain the veracity of the allegations; eight months later, an NHRC report confirmed some of the allegations and said there was a need for further investigation into the complaints of violence perpetrated by the Salwa Judum, the security forces and Maoists. Three months later, the Supreme Court asked the Chhattisgarh authorities to list the measures it had taken to disband the Salwa Judum militia, register and investigate complaints of violent acts during the conflict, and compensate and rehabilitate the victims.
The Supreme Court has now asked the Chhattisgarh government to file a comprehensive affidavit in response to the allegations made in the petitions. In On a specific point made by the petitioners that the Salwa Judum militiamen were acting as part of a new organization, Dandakaranya Shanti Sangharsh Samiti, the state authorities have claimed that the Salwa Judum “no longer exists” and that the investigations into its violence were hampered by difficult terrain, inaccessibility of villages, inclement weather and hostility from the Maoists. A further hearing in the case is due on 18 November.
Wednesday, November 3, 2010
Monday, October 4, 2010
AMNESTY INTERNATIONAL Public Statement
India must address forced evictions and other human rights abuses in Delhi during Commonwealth Games.
The Commonwealth Games cannot be used as an excuse to forcibly evict seasonal vendors, street-based workers and beggars, Amnesty International said today.
Thousands of seasonal vendors and street-based workers are facing joblessness as the police prevent them from working on the streets during the Games. The majority of people who have been evicted are being placed in makeshift collective shelters with the residents complaining that these lacked water and sanitation and were not suitable for habitation.
This continues the trend of forced evictions of the poor and marginalized carried out by the local authorities in Delhi in the run up to the start of the Commonwealth Games on 3 October.
Amnesty International received information that the authorities carried out a series of forced evictions in Okhla and neighbouring areas and roads linking the city with its north-eastern parts on the banks of river Yamuna where the Games infrastructure including many stadia, flyovers and bridges were erected in the last few months.
Human rights organisations in India said 2,500 persons and 150-200 families were forcibly evicted from the suburban town of Gurgaon and central Delhi respectively during the last two weeks before the start of the Games.
Amnesty International is concerned that a high number of evictions during August and September appear to have been carried out without safeguards required under international law. In particular, there was no genuine consultation with the people who were evicted. They were not provided with adequate prior notice. The makeshift collective shelters that the authorities have provided, in several instances, do not meet requirements for adequacy of housing under international standards. Some people have not been provided with any alternative housing.
The Indian authorities have a duty to ensure that alternative housing is provided which complies with international standards. They must also provide effective remedies to all those who have been forcibly evicted.
Amnesty International therefore urges the Indian authorities to:
•ensure that evictions are carried out only as a last resort, and only in full compliance with requirements under international human rights standards;
•ensure that those who have been evicted are provided with adequate alternative housing and/or land to undertake their livelihoods as a matter of urgency;
•ensure that any alternative housing that is provided complies with requirements for adequacy of housing, under international human rights standards; and
•provide all victims of forced evictions with access to effective remedies.
Indian authorities must also address the growing number of labour rights abuses and violations of labour laws practised by various state agencies and private firms involved in construction activities, despite the efforts of a four-member committee appointed by a directive of the Delhi High Court to monitor such violations.1 These violations, documented by India’s human rights organizations, included irregular registration, denial of statutory minimum wages, equal payment of wages to women workers and statutory health benefits, poor safety standards leading to deaths of workers in accidents and occasional use of child labour.
The Commonwealth Games cannot be used as an excuse to forcibly evict seasonal vendors, street-based workers and beggars, Amnesty International said today.
Thousands of seasonal vendors and street-based workers are facing joblessness as the police prevent them from working on the streets during the Games. The majority of people who have been evicted are being placed in makeshift collective shelters with the residents complaining that these lacked water and sanitation and were not suitable for habitation.
This continues the trend of forced evictions of the poor and marginalized carried out by the local authorities in Delhi in the run up to the start of the Commonwealth Games on 3 October.
Amnesty International received information that the authorities carried out a series of forced evictions in Okhla and neighbouring areas and roads linking the city with its north-eastern parts on the banks of river Yamuna where the Games infrastructure including many stadia, flyovers and bridges were erected in the last few months.
Human rights organisations in India said 2,500 persons and 150-200 families were forcibly evicted from the suburban town of Gurgaon and central Delhi respectively during the last two weeks before the start of the Games.
Amnesty International is concerned that a high number of evictions during August and September appear to have been carried out without safeguards required under international law. In particular, there was no genuine consultation with the people who were evicted. They were not provided with adequate prior notice. The makeshift collective shelters that the authorities have provided, in several instances, do not meet requirements for adequacy of housing under international standards. Some people have not been provided with any alternative housing.
The Indian authorities have a duty to ensure that alternative housing is provided which complies with international standards. They must also provide effective remedies to all those who have been forcibly evicted.
Amnesty International therefore urges the Indian authorities to:
•ensure that evictions are carried out only as a last resort, and only in full compliance with requirements under international human rights standards;
•ensure that those who have been evicted are provided with adequate alternative housing and/or land to undertake their livelihoods as a matter of urgency;
•ensure that any alternative housing that is provided complies with requirements for adequacy of housing, under international human rights standards; and
•provide all victims of forced evictions with access to effective remedies.
Indian authorities must also address the growing number of labour rights abuses and violations of labour laws practised by various state agencies and private firms involved in construction activities, despite the efforts of a four-member committee appointed by a directive of the Delhi High Court to monitor such violations.1 These violations, documented by India’s human rights organizations, included irregular registration, denial of statutory minimum wages, equal payment of wages to women workers and statutory health benefits, poor safety standards leading to deaths of workers in accidents and occasional use of child labour.
Saturday, September 25, 2010
Myanmar: Political prisoners must be freed
On the third anniversary of the violent crackdown on the “Saffron Revolution”, Amnesty International calls on the Myanmar government to immediately and unconditionally free all political prisoners arrested for their peaceful activism.
The Myanmar authorities continue to imprison over 2,200 political prisoners—more than double the number held before the August 2007 protests against sharp fuel and commodity price rises.
“While the international community, including Myanmar’s ASEAN neighbours, has been calling for free, fair and inclusive elections there, the plight of thousands of political prisoners has been overlooked,” said Benjamin Zawacki, Amnesty International’s Myanmar Researcher.
Amnesty International believes the vast majority of those held are prisoners of conscience who are being punished merely for peacefully exercising their rights to free expression, assembly and association.
The Myanmar government will hold its first elections in 20 years on 7 November 2010 against a backdrop of political repression and systematic violence. Under Electoral Laws enacted in March 2010, no political prisoner can take part in the elections or hold membership in any political party.
International attention in recent months has focused on the power-play between the military and the government’s proxy parties on the one hand; and the armed ethnic minority groups, the National League for Democracy, and a small number of new opposition parties on the other.
“The long-standing problem of political imprisonment in Myanmar remains very much at the heart of the political impasse in the country”, said Benjamin Zawacki. “These prisoners constitute a significant part of the political opposition”.
In the largest show of public discontent against the military government in Myanmar since the 1988 pro-democracy uprising, tens of thousands of protesters—led by Buddhist monks—took to the streets in August and September 2007, demanding economic and political reforms.
The peaceful country-wide demonstrations were violently put down by the authorities in late September 2007. At least 31 (and possibly more than a hundred) people were killed—with many more injured and at least 74 disappeared—and thousands detained.
The brutal crackdown provoked international condemnation, including an unprecedented expression of revulsion and demands for change from the UN Security Council, the UN Human Rights Council and the Association of South East Asian Nations (ASEAN).
Yet even as Myanmar prepares for its first elections in two decades, as part of what it calls a “Roadmap to Democracy”, it continues to repress political opposition.
“It beggars belief that the government can attempt to burnish its democratic credentials by holding elections, while it also holds more than 2,200 political prisoners behind bars and out of sight of the campaigns and polls”, said Benjamin Zawacki . “The international community should point out to Myanmar that these practices cannot be reconciled under any genuine Roadmap to Democracy”.
Political prisoners in Myanmar are held in deplorable conditions.
Many of those who took part in the Saffron Revolution, such as labour rights campaigner Su Su Nway, monk leader and activist U Gambira, and 88 Generation Student group members Min Ko Naing, Htay Kywe, Mie Mie, Ko Mya Aye and Zaw Htet Ko Ko, are in poor health. In the past two years, at least 238 political prisoners have been moved to extremely remote prisons, restricting their access to relatives, lawyers and medical care. Reports of torture and other ill-treatment are rife. The International Committee of the Red Cross has been denied access to prisons in Myanmar since late 2005.
“On this third anniversary of the Saffron Revolution, Amnesty International calls on world leaders to demand that the Myanmar government free all political prisoners at once, and ensure human rights protection throughout the elections period and beyond”, said Benjamin Zawacki.
The Myanmar authorities continue to imprison over 2,200 political prisoners—more than double the number held before the August 2007 protests against sharp fuel and commodity price rises.
“While the international community, including Myanmar’s ASEAN neighbours, has been calling for free, fair and inclusive elections there, the plight of thousands of political prisoners has been overlooked,” said Benjamin Zawacki, Amnesty International’s Myanmar Researcher.
Amnesty International believes the vast majority of those held are prisoners of conscience who are being punished merely for peacefully exercising their rights to free expression, assembly and association.
The Myanmar government will hold its first elections in 20 years on 7 November 2010 against a backdrop of political repression and systematic violence. Under Electoral Laws enacted in March 2010, no political prisoner can take part in the elections or hold membership in any political party.
International attention in recent months has focused on the power-play between the military and the government’s proxy parties on the one hand; and the armed ethnic minority groups, the National League for Democracy, and a small number of new opposition parties on the other.
“The long-standing problem of political imprisonment in Myanmar remains very much at the heart of the political impasse in the country”, said Benjamin Zawacki. “These prisoners constitute a significant part of the political opposition”.
In the largest show of public discontent against the military government in Myanmar since the 1988 pro-democracy uprising, tens of thousands of protesters—led by Buddhist monks—took to the streets in August and September 2007, demanding economic and political reforms.
The peaceful country-wide demonstrations were violently put down by the authorities in late September 2007. At least 31 (and possibly more than a hundred) people were killed—with many more injured and at least 74 disappeared—and thousands detained.
The brutal crackdown provoked international condemnation, including an unprecedented expression of revulsion and demands for change from the UN Security Council, the UN Human Rights Council and the Association of South East Asian Nations (ASEAN).
Yet even as Myanmar prepares for its first elections in two decades, as part of what it calls a “Roadmap to Democracy”, it continues to repress political opposition.
“It beggars belief that the government can attempt to burnish its democratic credentials by holding elections, while it also holds more than 2,200 political prisoners behind bars and out of sight of the campaigns and polls”, said Benjamin Zawacki . “The international community should point out to Myanmar that these practices cannot be reconciled under any genuine Roadmap to Democracy”.
Political prisoners in Myanmar are held in deplorable conditions.
Many of those who took part in the Saffron Revolution, such as labour rights campaigner Su Su Nway, monk leader and activist U Gambira, and 88 Generation Student group members Min Ko Naing, Htay Kywe, Mie Mie, Ko Mya Aye and Zaw Htet Ko Ko, are in poor health. In the past two years, at least 238 political prisoners have been moved to extremely remote prisons, restricting their access to relatives, lawyers and medical care. Reports of torture and other ill-treatment are rife. The International Committee of the Red Cross has been denied access to prisons in Myanmar since late 2005.
“On this third anniversary of the Saffron Revolution, Amnesty International calls on world leaders to demand that the Myanmar government free all political prisoners at once, and ensure human rights protection throughout the elections period and beyond”, said Benjamin Zawacki.
Sunday, September 19, 2010
Ayodhya : Mandir or Masjid?
There is tension in the air. Schools shut. Security forces deplyed in large numbers. Mass rallies seen at places. Hindus and Muslims praying fervently to their gods. Here it is..here is the D-Day or should i call it the J-Day - Judgement Day. Tomorrow, in all probability the verdict would be out on the Ayodhya issue.
Ayodhya, as we know, has been mainly in the news due to the Babri Masjid demolition and the on-going feud which has been going on since 1989 particularly after it was razed in 1992 to make place for a Ram temple by the Vishwa Hindu Parishad in alliance with other Hindu Nationalist parties. It has been alleged that the spot where the mosque was constructed was actually the birth-place of Lord Rama and is therefore referred to as the "Ram Janamabhoomi."
Reading this, surely one can see how the case related to Ayodhya has been dragging on for decades altogether and yet no solution was/has been presented...but until now....Finally, people the world over would know what fate awaits Ayodhya when a verdict would be out tomorrow.
However there are a few questions which I have been asking myself and surely several other "common" people would be asking too, like, Was Ram really born on this site? Did a temple stand there before the mosque was constructed? What about archeologists claiming that a Buddhist or a Jain temple stood there and not a Ram temple as has been proclaimed?
Putting these questions aside, let us look at the basic issues related to everyday life of a common man residing in this town. Forget the mandir-masjid promise which seems ambiguous as ever, their right for basic needs, education, development goes ignored here as in many other places.
Political leaders no longer hold even an iota of appeal here. For a town of 1.5 lakh, Ayodhya has ONLY one government hospital with ONLY one physician. Patients have to go to the twin city of Faizabad if they need a gynaecologist. There is no provision for clean and safe drinking water and this town yet awaits a second degree college. Why aren't these needs being met here? The world has moved on but Ayodhya is still stuck in a ruckus over this issue since decades. There are several Ayodhya's India needs to worry about, all under-developed with their own share of problems. Instead of lookin at these issues we yet focus on something that happened eons ago, something that the very people of that very particular town are least concerned about.
India Shining, anyone? This is India in all its finery. Do we think our country, which is today the 3rd. most powerful nation and is touted to be a super-power by 2020, going to move ahead banking on its 4 metro-cities? What about all the small-towns? Can we afford to ignore their needs and development? For a country and any country for that matter, it is essential that the fruits of labour percolate down to the lowest level and reach every town and every village.
As for what needs to be built there, go forth and build a school or another degree college or another hospital, where members of both the community can learn, share and co-exist in peace and harmony. Barring a few extremists, every man on the street with a sound frame of mind would want to see a school in place of a religious place of worship which has both the communities fighting out their tooth and nail.
I would appeal to all the Hindus and Muslims though, that no matter what the decision, we MUST refrain from violence. We are all children of the same soil, singing the same songs, laughing, sharing, celebrating and enjoying the same joys. Let us give peace a chance; let peace win tomorrow.
Ayodhya, as we know, has been mainly in the news due to the Babri Masjid demolition and the on-going feud which has been going on since 1989 particularly after it was razed in 1992 to make place for a Ram temple by the Vishwa Hindu Parishad in alliance with other Hindu Nationalist parties. It has been alleged that the spot where the mosque was constructed was actually the birth-place of Lord Rama and is therefore referred to as the "Ram Janamabhoomi."
Reading this, surely one can see how the case related to Ayodhya has been dragging on for decades altogether and yet no solution was/has been presented...but until now....Finally, people the world over would know what fate awaits Ayodhya when a verdict would be out tomorrow.
However there are a few questions which I have been asking myself and surely several other "common" people would be asking too, like, Was Ram really born on this site? Did a temple stand there before the mosque was constructed? What about archeologists claiming that a Buddhist or a Jain temple stood there and not a Ram temple as has been proclaimed?
Putting these questions aside, let us look at the basic issues related to everyday life of a common man residing in this town. Forget the mandir-masjid promise which seems ambiguous as ever, their right for basic needs, education, development goes ignored here as in many other places.
Political leaders no longer hold even an iota of appeal here. For a town of 1.5 lakh, Ayodhya has ONLY one government hospital with ONLY one physician. Patients have to go to the twin city of Faizabad if they need a gynaecologist. There is no provision for clean and safe drinking water and this town yet awaits a second degree college. Why aren't these needs being met here? The world has moved on but Ayodhya is still stuck in a ruckus over this issue since decades. There are several Ayodhya's India needs to worry about, all under-developed with their own share of problems. Instead of lookin at these issues we yet focus on something that happened eons ago, something that the very people of that very particular town are least concerned about.
India Shining, anyone? This is India in all its finery. Do we think our country, which is today the 3rd. most powerful nation and is touted to be a super-power by 2020, going to move ahead banking on its 4 metro-cities? What about all the small-towns? Can we afford to ignore their needs and development? For a country and any country for that matter, it is essential that the fruits of labour percolate down to the lowest level and reach every town and every village.
As for what needs to be built there, go forth and build a school or another degree college or another hospital, where members of both the community can learn, share and co-exist in peace and harmony. Barring a few extremists, every man on the street with a sound frame of mind would want to see a school in place of a religious place of worship which has both the communities fighting out their tooth and nail.
I would appeal to all the Hindus and Muslims though, that no matter what the decision, we MUST refrain from violence. We are all children of the same soil, singing the same songs, laughing, sharing, celebrating and enjoying the same joys. Let us give peace a chance; let peace win tomorrow.
Saturday, September 18, 2010
India: Urgent need for Government to act as death toll rises in Kashmir
With an increasing death toll in protests in Kashmir, Amnesty International calls on the Indian authorities to take urgent steps to ensure respect for the right to life and to investigate past killings of demonstrators by police.
With two more protestors shot dead today, Amnesty International urges the Indian government to immediately instruct the security forces not to use firearms against demonstrators. Security forces should use the minimum force necessary to defend themselves or others against an imminent threat of death or serious injury. They should not employ intentional lethal use of firearms except where such use is strictly unavoidable in order to protect life.
Ninety-six people have been killed since June when protests broke out in Jammu and Kashmir after the killings of three young men, reportedly by the security forces, in March. The vast majority of these killings have been at the hands of police and paramilitary forces.
An inquiry ordered by the authorities into 11 of the deaths by shooting in July has failed to make headway. Amnesty International renews its call to the government to initiate an independent, impartial and thorough investigation into all the killings. Members of the security forces responsible for excessive use of force in demonstrations should be brought to justice.
In the last week alone, at least 23 people were killed and 80 others injured in shootings by the state police and the Central Reserve Police Force (CRPF) paramilitary personnel. Protestors defied curfew regulations, held demonstrations and often clashed with the security personnel.
Protests in several places turned violent as demonstrators hurled stones at the security forces in the last week. Reports about threats to burn the Quran in the United States increased tensions. Demonstrators attacked two Christian schools and a hospital, burning one of the schools.
At the same time human rights activists in Srinagar told Amnesty International that on a number of occasions the security forces shot protestors who were throwing stones at them.
A number of towns in the Kashmir valley including Srinagar have been under 24 hour curfew for the last five days.
Information about these events has been restricted as a result of strict enforcement of the curfew regulations. Journalists have informed Amnesty International that, despite possessing curfew passes issued by the authorities, they have been prevented by the police and the paramilitary personnel from leaving their homes. With journalists unable to report on the situation, a number of regional television stations and newspapers have suspended their work.
Any restrictions on the rights to freedom of movement or freedom of expression imposed for the protection of public order should only be such as are necessary and proportionate for that purpose and should be consistent with the state’s other human rights obligations. In view of the key role of journalists in facilitating exercise the right to freedom of expression, which includes the right to receive information. Amnesty International calls on the Indian authorities to ensure that journalists can obtain curfew passes and are not harassed or otherwise obstructed while carrying out their professional functions of reporting and imparting information on issues of public concern.
More public protests have been announced for 21 September by the All Party Hurriyat Conference (APHC), one of the largest political formations in Jammu and Kashmir. This underlines the urgency for the Indian authorities to instruct the security forces not to use lethal force when dealing with demonstrations.
The demonstrations began in late May over the reported extrajudicial execution of three young men by the Army at Machil in Baramulla district. Protests increased after 17-year old Tufail Mattoo was killed by security forces in Srinagar during a demonstration on 11 June. They have intensified during repeated cycles of protests and further killings of demonstrators by security forces.
The demonstrators have raised various concerns about the lack of accountability of the security forces; the withdrawal of Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) 1958; the removal of Army camps – along with an underlying demand of independence for Kashmir.
The AFSPA, which gives special powers of immunity to the security forces, has been in force in parts of Jammu and Kashmir since 1990. The Central Government is currently debating the withdrawal of the AFSPA from a few of its districts.
One of the key demands of the state authorities and protesting organizations, namely the withdrawal of the AFSPA, does not appear to figure in the agenda of the all-party team from Delhi scheduled to visit Srinagar on 20 September.
Under the AFSPA, soldiers are protected from any legal proceedings unless specifically sanctioned by the Central Government. This rarely happens in practice, allowing armed forces personnel to violate human rights with impunity.
Wednesday, September 15, 2010
India: Authorities should investigate torture, sexual assault and illegal detention of adivasis in Chhattisgarh
The Indian authorities should order a prompt, impartial and independent investigation into reports of torture and ill-treatment, including rape and other sexual violence, against adivasis (indigenous people) illegally detained in Chhattisgarh, Amnesty International said today.
Adivasis from Pachangi and Aloor villages in Kanker district told Amnesty International that paramilitary Border Security Force (BSF) personnel and the Chhattisgarh state police rounded up 40 adivasi men from their villages on 5 and 6 September, stripped them and beat them with sticks. Five men – Narsingh Kumra, Sukram Netam, Premsingh Potayi, Raju Ram and Bidde Potayi were reportedly raped with sticks and are still being treated at the Kanker government hospital.
These violations followed the 29 August ambush of a BSF-police patrol by members of the Communist Party of India (Maoist) in which three BSF personnel and two policemen were killed.
Seventeen people from the two villages were also detained– blindfolded, split into batches and taken to the BSF camp at Durgkondal in closed trucks. Amnesty International has been informed that at least two of those detained - Dhansu Khemra and Sarita Tulavi – were 16 year old girls while another four were women and girls between 16 and 20.
During their detention, security forces beat the detainees in an attempt to force them to confess that they were Maoists involved in the 29 August ambush. The interrogators gave electric shocks to at least 10 detainees and sexually assaulted two female detainees.
Villagers said that on the morning of 7 September the Kanker police released one female detainee Sunita, as she was suffering from malaria, and her father, Punnim Tulavi, a school-teacher, but then arrested two more men.
The five remaining female detainees were taken to a local court along with two of the adivasi men on 8 September, while the remaining ten male detainees were taken to court on 10 September. All of the adivasis were charged with involvement in the 29 August ambush by the banned Maoist armed group and are presently in Kanker and Jagdalpur prisons, after being denied bail.
Indian law requires that arrested persons be produced before a court within 24 hours of the arrest. In an attempt to circumvent this requirement, the police claimed the two groups of detainees were arrested only one day before their respective appearances in court.
Torture and other cruel, inhuman or degrading treatment or punishment, including sexual violence, are prohibited in all circumstances, including war or other emergency under international law, and in particular the International Covenant on Civil and Political Rights and the Geneva Conventions. India is also a signatory to the United Nations’ Convention Against Torture and the Indian Parliament is currently engaged in passing a new law against torture in accordance with the provisions of the Convention before its ratification.
Amnesty International calls upon the Indian authorities to:
• Ensure a prompt, impartial, independent and effective investigation into the allegations of torture and other ill-treatment, including sexual assault, and the illegal detention of adivasis. Those suspected of involvement in the violations, including persons bearing command responsibility, should immediately be suspended from positions where they may repeat such offences, and brought to justice;
• Award the victims of torture and other ill-treatment full reparations. In particular, immediately ensure that all victims of torture and other ill-treatment, including sexual violence, are provided with proper medical care, both physical and psychological, by professionals trained and sensitised to treat such victims; and
• Ensure that, if – as a measure of last resort – those under the age of 18 are kept in prison, they are held separately from adults and otherwise treated in accordance with India’s juvenile justice legislation and the UN Convention on the Rights of the Child, to which India is a state party.
Over the last five years, Chhattisgarh has witnessed an escalation of violence between the banned Maoists who claim to be fighting on behalf of the adivasis and India’s paramilitary forces. At least 600 people have been killed and some 30,000 adivasis continue to be displaced from their homes in the state.
Adivasis from Pachangi and Aloor villages in Kanker district told Amnesty International that paramilitary Border Security Force (BSF) personnel and the Chhattisgarh state police rounded up 40 adivasi men from their villages on 5 and 6 September, stripped them and beat them with sticks. Five men – Narsingh Kumra, Sukram Netam, Premsingh Potayi, Raju Ram and Bidde Potayi were reportedly raped with sticks and are still being treated at the Kanker government hospital.
These violations followed the 29 August ambush of a BSF-police patrol by members of the Communist Party of India (Maoist) in which three BSF personnel and two policemen were killed.
Seventeen people from the two villages were also detained– blindfolded, split into batches and taken to the BSF camp at Durgkondal in closed trucks. Amnesty International has been informed that at least two of those detained - Dhansu Khemra and Sarita Tulavi – were 16 year old girls while another four were women and girls between 16 and 20.
During their detention, security forces beat the detainees in an attempt to force them to confess that they were Maoists involved in the 29 August ambush. The interrogators gave electric shocks to at least 10 detainees and sexually assaulted two female detainees.
Villagers said that on the morning of 7 September the Kanker police released one female detainee Sunita, as she was suffering from malaria, and her father, Punnim Tulavi, a school-teacher, but then arrested two more men.
The five remaining female detainees were taken to a local court along with two of the adivasi men on 8 September, while the remaining ten male detainees were taken to court on 10 September. All of the adivasis were charged with involvement in the 29 August ambush by the banned Maoist armed group and are presently in Kanker and Jagdalpur prisons, after being denied bail.
Indian law requires that arrested persons be produced before a court within 24 hours of the arrest. In an attempt to circumvent this requirement, the police claimed the two groups of detainees were arrested only one day before their respective appearances in court.
Torture and other cruel, inhuman or degrading treatment or punishment, including sexual violence, are prohibited in all circumstances, including war or other emergency under international law, and in particular the International Covenant on Civil and Political Rights and the Geneva Conventions. India is also a signatory to the United Nations’ Convention Against Torture and the Indian Parliament is currently engaged in passing a new law against torture in accordance with the provisions of the Convention before its ratification.
Amnesty International calls upon the Indian authorities to:
• Ensure a prompt, impartial, independent and effective investigation into the allegations of torture and other ill-treatment, including sexual assault, and the illegal detention of adivasis. Those suspected of involvement in the violations, including persons bearing command responsibility, should immediately be suspended from positions where they may repeat such offences, and brought to justice;
• Award the victims of torture and other ill-treatment full reparations. In particular, immediately ensure that all victims of torture and other ill-treatment, including sexual violence, are provided with proper medical care, both physical and psychological, by professionals trained and sensitised to treat such victims; and
• Ensure that, if – as a measure of last resort – those under the age of 18 are kept in prison, they are held separately from adults and otherwise treated in accordance with India’s juvenile justice legislation and the UN Convention on the Rights of the Child, to which India is a state party.
Over the last five years, Chhattisgarh has witnessed an escalation of violence between the banned Maoists who claim to be fighting on behalf of the adivasis and India’s paramilitary forces. At least 600 people have been killed and some 30,000 adivasis continue to be displaced from their homes in the state.
Monday, September 13, 2010
Indian authorities must investigate online video of Kashmir detainee abuse
13 September 2010
Amnesty International has urged Indian authorities to carry out an effective investigation into a video clip that appears to show detainees in Kashmir being stripped and humiliated by security forces.
The three-minute clip, described on social networking sites as "Kashmir’s Abu Ghraib video", apparently shows Jammu and Kashmir police and Central Reserve Police Force personnel herding at least four naked young men to a nearby police station.
"This behaviour is in clear violation of the universal and absolute right to freedom from torture and other cruel, inhuman or degrading treatment or punishment," said Donna Guest, Deputy Director of Amnesty International's Asia-Pacific programme.
The video, apparently recorded by one of the security personnel, has since been removed from social networking sites, including Facebook and YouTube, after the Jammu and Kashmir police reportedly began legal action against the publishers of what it termed a “baseless and malicious clip”.
It is unclear when the clip was recorded, although it was reportedly taken in the north-western town of Sopore.
The recorded conversation in Hindi-Urdu suggests that the security force personnel suspected the young men of being involved in throwing stones at the security forces, and that they had been caught after a long chase.
Amnesty International has consistently received reports of torture and other ill-treatment of detainees in various police stations and interrogation centres in Jammu and Kashmir. Such accounts have often included men being stripped naked and humiliated by security force personnel.
The Indian Parliament is currently debating new legislation criminalizing torture and the Indian Home Minister P Chidambaram has said the video will be investigated.
However, a statement by Jammu and Kashmir Police to local media indicated that a formal case had been registered against the clip's distributors.
“The approach of the local police raises serious concerns. Instead of investigating and identifying the perpetrators of the humiliating treatment, the police appear to be more concerned about who uploaded and circulated the video clip," said Donna Guest.
"The Indian and Jammu and Kashmir authorities must ensure that the content of the clip is subjected to an independent, impartial and effective investigation. Any officials who are suspected of offences involving human rights violations should be prosecuted in fair trials.”
Subscribe to:
Posts (Atom)