TORTURE OF TRIBALS

March 4, 2008

e –Voice Of Human Rights Watch – e-news weekly

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Editor: Nagaraj.M.R….vol.4…issue.03……19/01/2008

 

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Editorial : legal prosecution of cruel & inhuman STF police personnel

         An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA

 

During “catch forest brigand veerappan operation” , Special Task Force police personnel  , illegally arrested , detained , tortured & murdered innocent tribal people of both tamil nadu & Karnataka states. NHRC  has clearly noted the crimes of STF personnel & ordered both Karnataka & tamil nadu governments to pay compensation to victims of police atrocities. However still some of these victims are not yet paid compensation by these governments , why ? also , the government instead of legally prosecuting guilty police officers on murder charges , has given  awards & promotion to guilty inhuman police officers. Is the government sending a message that 3rd degree torture & murders in lock-up / fake encounters is acceptable & legal ? is it equitable justice ? is there one set of law for police & another for common people ?

 

Hereby , we do once again request your kindself , to dismiss guilty police officials from police service , to withhold their pension benefits ,  to legally prosecute them on charges of murders of innocent tribal people & on charges of attempt to murder innocent tribal people by 3rd degree torture methods. Hereby , we also request you to make public  JUSTICE A.J. SADA SHIVA COMMISSION’s findings about atrocities by STF personnel.

 

JAI HIND. VANDE MATARAM.

 

Your’s truly,

NAGARAJ.M.R.

 

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 

AI Index: ASA 20/002/2008 (Public)                                                           Date: 18 January 2008

 

India: Many adivasi victims of Special Task Force (STF) operations yet to get justice and compensation in Karnataka and Tamil Nadu

 

Amnesty International is concerned that several adivasi (indigenous and marginalized communities) victims of the decade-long Special Task Force (STF) operations against Veerappan, who was killed by the STF after being outlawed for sandalwood smuggling, are yet to receive justice and compensation for the human rights violations perpetrated against them. Human rights violations perpetrated in the course of operations against Veerappan included unlawful killings; arbitrary detention; and torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment), including sexual violence.

 

Amnesty International has learnt that, one year after an official panel of inquiry led by Justice A. J. Sadashiva ordering the Government of Karnataka to pay compensation to 51 victims, 13 of them have yet to receive it. The Government of Tamil Nadu has paid compensation amounts to 38 victims as directed in the order. In January 2007, the National Human Rights Commission (NHRC) had directed the two governments to pay compensation to 89 victims as per the recommendations of the panel of inquiry.

 

Notwithstanding the above order, during the past year, human rights organizations in the two states have been campaigning to ensure justice for 104 other victims whose complaints of human rights violations including arbitrary and indefinite detention, torture, including to death, other ill-treatment and sexual assault were reportedly ignored by the panel. The panel also failed to initiate charges against any of the 39 STF officials named as perpetrators by the victims during the proceedings, though it concluded that the STF had perpetrated torture. However, Amnesty International has learnt that a number of complaints against 39 STF officials have nevertheless been filed by the victims in several police stations in Tamil Nadu and Karnataka.

 

In spite of the filed complaints, a number of STF personnel named as perpetrators in the victims’ complaints were given awards and promotions; furthermore, some of the officials named by the victims were reportedly present in an official function held to distribute compensation amounts in Karnataka in March 2007, leading to protests from the victims.

As a state party to the International Covenant on Civil and Political Rights, India is obliged to “ensure that any person whose rights or freedoms… are violated shall have an effective remedy”; to “ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy”; and to “ensure that the competent authorities shall enforce such remedies when granted.”

 

Amnesty International, therefore, urges

·         the Government of Karnataka to immediately distribute compensation amounts to the 13 remaining victims as per the January 2007 order;

·         the authorities of Karnataka and Tamil Nadu to thoroughly investigate the pending human rights complaints against the 39 STF officials and bring those suspected of perpetrating violations to justice, in proceedings which meet international standards of fairness and without the imposition of the death penalty;

·         immediately suspend the officials named in the complaints from active duty pending completion of investigations;

and

·         the NHRC to participate in the above cases to help to ensure that there is justice for the victims.

·         the NHRC to re-examine victims’ complaints ignored by the official panel.

 

Background

 

In 1993, the Governments of Karnataka and Tamil Nadu had created the STF to catch Veerappan and his associates who had remained outlawed for more than seven years. On 21 October 2004, Veerappan and two of his associates were killed during the STF operations. In all, 36 persons lost their lives during the STF operations.

 

In June 1999, the NHRC appointed the official panel, consisting of Justice Sadashiva and a former Director-General of India’s premier investigating agency, the Central Bureau of Investigation (CBI). The panel submitted its recommendations in December 2003.

 

FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA

 

Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must be first thought the lessons of law before enforcing it. The murderers , criminals in police uniform must be punished at the earliest.

 

At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like “Sherlock holmes” and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :

1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.

2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.

3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn’t have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100’s of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don’t police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.

In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don’t police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :

1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings.

2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc.

3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim’s of 3rd degree torture & encounter killings.

4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.

5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.

6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.

7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.

8) To make public justice A.J.Sadashiva’s report on “torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA”.

9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor.

10) To include human rights education in preliminary & refresher training of police personnel.

11) To recruit persons on merit to police force who have aptitude & knack for investigations.

12) To insulate police from interference from politicians & superiors.

13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.

14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.

15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.

 

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH INDIA

 

Dear Madam ,

INDIA: Please prevent the District Magistrate of Varanasi from destroying a human rights organisation

Name of organisation: The People’s Vigilance Committee on Human Rights, SA 4/2A, Daulatpur, Varanasi, Uttar Pradesh
Name of alleged perpetrators:
1) Office of the District Magistrate, Varanasi, Uttar Pradesh
2) Station Officer, Phulpur Police Station, Phulpur, Varanasi, Uttar Pradesh
Date of incident: From 9 December 2007

I am writing to express my concern, regarding the case of the human rights activists associated with the People’s Vigilance Committee on Human Rights (PVCHR). I am informed that, based on a fabricated charge filed by the village head Mr. Ranjedra Prasad Tripathi, the local police of Phulpur police station has registered a case against Ms. Kalawahi, Mr. Prem Nut, Ms. Anupam Nagavanshi, Ms. Sruti Nagavanshi and Dr. Lenin Raghuvanshi of the PVCHR.

I am also informed that the District Magistrate (DM) Ms. Veena Kumari is personally responsible behind this complaint, for which the DM has used Mr. Tripathi as a pawn. I am also informed that the DM has now instructed the Phulpur police to record that the accused are absconding so far and to move the local court to proceed against the properties of the PVCHR. It is suspected that the DM wants to cause damage the office of the PVCHR to wreck vengeance against the PVCHR for reporting cases of starvation and malnutrition from the district.

I am worried that the PVCHR and its work will be adversely affected if such a police action is initiated against the PVCHR office. I am concerned that such an action will not only hurt the work of the PVCHR but also other human rights organisations in Varanasi, who could also face similar threats from the district administration.

I therefore urge you to take immediate actions so that the entire case records concerning the PVCHR activists are produced in the local court without any further delay so that the court could take appropriate actions on the case. I also urge you to ensure that an enquiry is ordered into the activities of the DM Ms. Veena Kumari’s involvement in registration of the case. I am aware that in the recent past the DM has been inimical against the activities of the PVCHR, particularly because the PVCHR has been reporting cases of human rights abuses exposing the utter neglect of the district administration in discharging their duties.

Your’s sincerely,

NAGARAJ.M.R.

 

AN APPEAL TO HONOURABLE CHIEF MINISTER OF MANIPUR

 

Dear Sir ,

INDIA: Please release Mr. Abujam Shidam on bail

Name of victim: Mr. Abujam Shidam, resident of Keibi Makha Leikai, Lamlai, Lamlong, Imphal West District, Manipur
Name of alleged perpetrator: Officers attached to Manipur State Police stationed at Porompat Police Station
Date of incident: From 7 January 2007

I am writing to express my concern, regarding the case of Mr. Abujam Shidam, who was arrested by the Manipur State Police on 7 January 2007 at Porompat Police Station. I am informed that on 7 January 2008, Mr. Abujam, a lecturer teaching at Biramangol College in the Department of Political Science and also the General Secretary of Manipur People’s Party (MPP), were summoned to the Porompat Police Station. I am informed that at the police station he was arrested by the officers attached to Lamlai Police Station, showing that Abujam was arrested from Ayangpali Road instead of the campus of Porompat Police station.

I am informed that the police have registered a First Information Report (FIR) [case number 120(12)] against Abujam under the provisions of the Indian Penal Code, 1860, the Indian Arms Act, 1959 and the Unlawful Activities (Prevention) Act, 1967. I am also informed that the offenses accused against Abujam are of such nature that if convicted he may even receive a capital punishment.

It is reported that in the charge-sheet the police have accused Abujam as a suspect responsible for a bomb explosion that happened on 16 December 2007 which resulted in the death of seven persons. I am informed that in fact soon after the blast an underground organisation, the People’s Liberation Army (PLA) — Manipur, has claimed that the bomb was planted by them and that it exploded when the security forces intentionally triggered the bomb after arresting their carder.

I am aware that after the explosion Abujam was one of the several persons who assisted the injured to be removed to the hospital. After the incident Abujam had also condemned the explosion in a public statement, irrespective of the persons responsible for the blast. I am also informed that while in custody Abujam was tortured by the police by pouring water into his nose and mouth and also by assaulting him on his legs. I am informed that the Abujam is now finding difficult to walk due the injuries he suffered from the assault.

I am concerned to know about the arbitrariness of the state police in arresting a person on fabricated charges and further torturing him in custody. I am worried to know that this is not the first case reported from Manipur where the local law enforcement officers and the para-military and military units stationed in Manipur use violence against the ordinary citizen in the state. If this is the situation of a person, knowledgeable as a college teacher, I am worried what would be the fate of ordinary Manipuries?

I therefore urge you to take immediate actions against the police officers involved in torturing Abujam while in custody. I request you to ensure that the Magistrate before whom Abujam will be produced will record Abujam’s statement regarding what happened to him while in custody and if proved correct will order appropriate actions against the police officers so as to initiate actions against the officers for contempt of court keeping in view of the observations made by the Supreme Court of India in the D. K. Basu case and for custodial torture.

I therefore request you to take all necessary actions so that Abujam is released on bail and that his complaints are properly recorded and actions initiated against the police officers responsible for torturing Abujam while in custody.

Your’s sincerely,

NAGARAJ.M.R.

 

AN APPEAL TO H.E.HONOURABLE GOVERNOR OF WEST BENGAL INDIA

 

Dear Sir ,

INDIA: Investigate and punish the crimes committed by the Border Security Force

Name of victim: Kalidas Ghosh, aged 17 years, son of Mr. Kartik Ghosh, residing at Angrail Dakshinpara, under the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal
Name of alleged perpetrator: Mr. Ram Dhan Rathore, Constable, Border Security Force, Battalion Number 126 – E Company, stationed at Out Post Number – 6, near Angrail Dakshinpara village, under the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal
Date of incident: 28 December 2007

I am writing to express my concern, having come to know about yet another case of murder committed by the Border Security Force (BSF) stationed in West Bengal. I am informed that Kalidas Ghosh, a 17-year-old student of Angrail Bidyamandir High School at Angrail Dakshinpara village under the jurisdiction of Gaighata Police Station was shot dead on 28 December 2007 at about 5:30pm by Mr. Ram Dhan Rathore, a constable serving with the BSF 126 Battlion–E Company currently stationed at outpost number 6, near Angrail Dakshinpara village within the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal.

I am informed that the victim, along with his friends were chased away initially by some officers of the BSF stationed at outpost number 6, when the children were searching for their lost ball. The children were playing at the school playground and the outpost is close to the playground. I am informed that the accused Mr. Ram chased the children into the school compound and later started firing at Kalidas. After missing Kalidas a few times, the officer finally hit Kalidas, thereby fatally injuring him.

I am informed that the body of the boy was later subjected to an autopsy at the J. N. Dhar General Hospital. I am also informed that later on a complaint lodged by Kalidas’ uncle the Gaighata Police have registered a case under Section 302 of the Indian Penal Code against Mr. Ram. I am also informed that to counter the allegations against Mr. Ram, the BSF also have filed a case against Kalidas, with untenable charges. The case registered against Ram is case number 454 of the Gaighata Police Station.

I am concerned to know that soon after the incident Mr. Manoj Kumar, an officer attached with the BSF along with the member of the local Gram Panchayat Mr. Subrata Sarkar, a local doctor Mr. Dulal Sarkar and a local person Mr. Samir Mazumdar had met the victim’s family and handed over some money to the boy’s family. I am afraid whether this was an attempt to silence and further threaten the family not to proceed with the case against Mr. Ram.

I am concerned about the repeated number of incidents reported from West Bengal state where allegations are leveled against the officers of the BSF by ordinary civilians about their involvement in heinous crimes against ordinary persons. I am also aware that the Inspector General of BSF – South Bengal Mr. S. N. Tiwari had refuted the charges leveled against the BSF constable, saying that Kalidas was seen moving with ‘…smugglers and became victim of circumstances’. Refuting this statement the local Member of the Legislative Assembly (MLA) Jyotipriya Mallick has demanded removal of all BSF officers involved in murdering the local people in the name of being smugglers.

While allegations and counter allegations are made for and against the BSF officer, I wish to remind you that the primary responsibility of the commanding officer of the BSF and also that of the government is to conduct an impartial inquiry into the incident to reveal the facts and circumstances in the case. Now that the local police have registered a case against the accused, I urge you to ensure that the local police will in fact carryout the investigation in the case and will further proceed with the prosecution of the accused, if the facts leveled against the accused are found true.

I further request you to look into all the other cases reported to you from West Bengal where allegations are made against BSF officers stationed along the Indo-Bangladesh border. I also request you to ensure that the family of the victim is paid adequate compensation for their loss and that the witnesses in the case are not threatened by the BSF.

Your’s sincerely,

NAGARAJ.M.R.

 

citizens of india vs supreme court of india

 

Dear Madam / Sir ,

Hereby , I am producing cases of human rights violations in India , by the Indian police , Indian judges & Indian public servants. Our publication e – Voice Of Human Rights Watch is struggling against the double standards of Indian police & Indian judiciary , in a democratic manner. Will you lend your support to this struggle ?

Read full text of the article : Citizens Of India Vs Supreme Court Of India at following web pages :

http://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiancitizen.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/
,http://hrwpaper.blogspot.com/ ,
http://e-voiceofhumanrightswatch.blogspot.com,
http://evoiceofhumanrightswatch.rediffblogs.com/ ,

http://indiancitizens.rediffblogs.com/

 

 

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