Thursday, 29 March 2012

Where army is police and police is goons

BHRPC submits cases of extra-judicial executions in Barak valley to the UN Special Rapporteur

Guwahati, 28 March: “Ours is a case of doing works of police by the army and using the regular state police by ruling politicians as their personal army” said Waliullah Ahmed Laskar during his oral presentation at the North Eastern regional briefing to the United Nations special rapporteur on extrajudicial, summary or arbitrary executions held today here at Ashoka Brahmaputra hotel. Mr. Laskar, director of law and legal affairs of the Barak Human Rights Protection Committee (BHRPC) added, “although there are no terrorist activities and any home grown insurgent groups in Barak valley that can pose a threat to the national integrity and security the Armed Forces (Special Power) Act, 1958 is in force in the valley along with the rest of Assam and parts of some other North East Indian states and Jammu and Kashmir. The Act empowers the army personnel to use lethal force against civilians even to the causing of death on mere suspicion that they may act in breach of any law or any order along with the power to enter into any doweling places by breaking their entrance and search and seize anything without warrant and arrest any person without warrant and keep the arrestees in custody for unspecified times without charge. The AFSPA also places the army above the law, constitution and judiciary for acts claimed to be done under the Act by barring institution of prosecution, suits or any judicial procedure in any court inIndia.” He further added that the state police also operate under a similar draconian law called the Assam Disturbed Areas Act, 1955 and showed how the Assam Police Act, 2007 is a fraud on the people as well as on the Supreme Court of India in so far as it claims to conform with requirements of directives issued by the supreme court in Prakash Singh and others Vs. Union of India and others.

He also submitted a report to the special rapporteur professor Christof Heyns, who is on a fact-finding mission inIndiafrom 19 March to 30 March, containing cases of extra-judicial or arbitrary killing of innocent people both by the state police and armed forces of the central government. Cases that were submitted include 1. killing of one Islamul Hoque Choudhury (of Sonai, Cachar) by police because he became to threat to them as he witnessed how they tortured another person to death, 2 extra-judicial killing of Hashmat Ali (Kalain, Cachar) by police after being bribed by another person to teach him a lesson, 3. death of Motahir Ali (Kalain, Cachar) caused by torture in police custody as his family could not pay the amount of bribe demanded by the police for his release, 4. death of Mr. Moyfor Raja (Katlicherra, Hailakandi) in police custody due to torture, 5. fake encounter killing of Jamir Uddin (Katlicherra, Hailakandi) by central reserve police force personnel, 6. death of Iskandar Ali (Dholai, Cachar) caused by indiscriminate firing of  CRF personnel at a market place, 7. killing of a car driver by police apparently for speeding and 8. extra-judicial execution of Iqbal Hussain Laskar (Algapur, Hailakandi) by army after they picked him up and some other cases.

The BHRPC urged the special rapporteur to recommend to the authorities inIndiato 1. to repeal the Armed Forces (Special Power) Act, 1958; 2. to repeal the Assam Disturbed Areas Act, 1955; 3. to make the Unlawful Activities Prevention Act, 1967 compatible with international human rights standards by amending the Act; 4. to bring the Assam Police Act, 2007 in conformity with the directives of the Supreme Court of India through amendment; 5. to amend the Protection of Human Rights Act, 1993 to extend the jurisdiction of both the state and national human rights commissions to conduct independent inquiries into cases of alleged human rights violations by the armed forces and to lengthen the limitation period of one year to five years; 6. to constitute an independent commission headed by a retired chief justice of a high court or the supreme eligible to be appointed as the chief justice of India with adequate numbers of members from the civil society to conduct time-bound inquiries into all allegations of extrajudicial, summary or arbitrary executions leading to the initiation of prosecution and provision of adequate reparation; 7. to constitute special courts to conduct trial of all cases of extrajudicial, summary or arbitrary executions under direct monitoring of the Supreme Court of India; and others.

At the meet presided over by Justice W A Shishak, former chief justice of the Chhattisgarh high court, Mr Babloo Loitongbam of Human Rights Alert (Manipur), Ms. Bubumoni Goswami, chairperson of the Manabadhikar Sangram Samiti (MASS, Assam), Ms Rosanna Lyngdoh of the Impulse NGO Network (Mehgalaya), Taring Mama of the Association for Civil Rights (Arunachal Pradesh), Neingulo Krome of the Naga Peoples Movement for Human Rights (Nagaland), Anthony Debbarma of the Borok Peoples Human Rights Organisation (Tripura) and others also made both oral and written submissions.

The special rapporteur who is accompanied by the UN human rights officer Irina Tabirta and other staff said in his concluding remark that he was thankful to the government of India for extending invitation to his mandate to the country and he assured the participants that he would take up the issues raised here with the government of India and is going to have a press conference in Delhi on 30 March where he would share his preliminary recommendations. He is expected to submit his report on the situation of extra-judicial execution inIndiato the UN human rights council and the General Assembly of the UN at the end of this year. Neharul Ahmed Mazumder, secretary general of the BHRPC stated this in a release to media

Read the full submission of the BHRPC to the UN Special Rapporteur on Summary Execution

Tuesday, 20 March 2012

Reports on starvation deaths in Assam

Waliullah Ahmed Laskar

Residents of a tea garden in South Assam are dying reportedly of hunger, malnutrition and lack of medical care. Barak Human Rights Protection Committee (BHRPC) has so far learnt about 14 recent deaths, prima facie, caused by starvation, malnutrition and lack of proper medical care in the Bhuvan Valley Tea Estate, a tea garden owned by a private company based in Kolkata, in the district of Cachar in North-East Indian state of Assam. As the Tea Estate, in which about 500 permanent and another 1000 casual workers were working, was closed down in October 8, 2011,  they lost their jobs and till 27 February 2012 ten workers lost their lives. According to the fact-finding report issued by the BHRPC on 1 February, the workers have been deprived of their rights as they were forced do overwork and were paid very low wages without being provided any medical treatment while working and, after closure, had the payment of their wages and their provident fund suspended. The rights of plantation workers to fair wage, bonus, provident fund, housing and basic medical facilities in accordance with the Plantation Labour Act, 1951 have not been implemented. In the course of closure, the government failed to make any intervention to guarantee their fundamental rights. It is further found that basic medical care and food distribution for the poor have not reached those workers who lost their livelihoods and that it is one of the causes leading to the deaths.  Even after the publication of the disturbing report the authorities did not take any actions except re-opening of the garden on 9 February and denial of starvation deaths. Therefore, the situation continued to worsen. The BHRPC again on 11 February reported the critical health conditions of 43 other people. Among them two more people died on 18 and 22 February which was also reported by the BHRPC. The Chief Minister of Assam wrote a letter on 29 February giving details of actions taken by the government while at the same time he said that these deaths were not caused by starvation without any proper inquiry. Assam government’s actions were, at beast, inadequate and misleading,said the BHRPC in a statementOn the other hand, deaths continue unabated in the tea garden and on 10 March the BHRPC reported two more deaths. (Please click on the links above for details.)