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You are here: Home / Archives for NHRC

NHRC issues notice to Karnataka govt over farmers’ suicides

July 31, 2015 by Nasheman

farmers families

New Delhi: The National Human Rights Commission has expressed ‘grave’ concern over alleged farmers’ suicides in Mandya district of Karnataka over low payment by sugar mills and issued a notice to the state government seeking a reply within four weeks.

Mandya, known as the ‘sugar bowl’ of Karnataka, has seen a spate of farmer deaths as the mills were paying them Rs 700-800 per tonne, despite the Chief Minister’s promise of purchasing at Rs 2,500 per tonne, the NHRC said.

The deaths due to suicides by farmers is of grave concern and calls for prompt and quick remedial steps by the government, the rights body said.

It has issued a notice to the Chief Secretary, Government of Karnataka calling for a report in the matter within four weeks.

Referring to a media report in this regard, it said that the “negligence” by the state and Union governments in the matter of fixing fair price, payment of arrears by mills and a sugarcane glut are the main reasons for the sudden spike in the suicides.

(Agencies)

Filed Under: India Tagged With: Farmer Suicide, Farmers, Karnataka, National Human Rights Commission, NHRC

Chittoor firing: HC orders fresh post-mortem of 5 victims

April 17, 2015 by Nasheman

Red Sanders

Hyderabad: The Hyderabad High Court today ordered fresh autopsies for another five victims of the police firing in Seshachalam forests of Chittoor district in Andhra Pradesh state on April 7. Yesterday it had ordered fresh post-mortem of victim Sasi Kumar, a Tamil Nadu-based labourer, upon his wife’s application. The division bench of Chief Justice Kalyan Jyoti Sengupta and Justice P V Sanjay Kumar passed the direction today after relatives of five more victims (out of the 20 people who were killed) moved the court seeking fresh autopsies.

The “re-post-mortem” was sought with the accusation that the firing incident was a “brutual and planned murder” by the Special Task Force (STF) of Andhra Pradesh Police. Yesterday, the high court had directed the Andhra Pradesh government to conduct fresh autopsy on the body of Sasi Kumar in response to the application filed by his wife Muniyammal. Her counsel had sought fresh autopsies for five others too, but the court declined to pass order, as the relatives concerned had not approached the court.

Muniyammal’s lawyer, advocate K Balu, today filed similar applications on behalf of the kin of five deceased — wives of four victims and another’s mother. The high court also ordered teams of medical experts from either Osmania Hospital or Gandhi Hospital (both state-run institutions here) to fly to Chennai to conduct the re-postmortem of the five bodies.

All the six bodies, including that of Sasi Kumar, are being kept at a government hospital in Thiruvannamalai district of Tamil Nadu. The judges also directed the chief secretary of Tamil Nadu to ensure safety of the medical teams. Their reports should be submitted in a sealed cover to the court on Monday, they said.

(PTI)

Filed Under: Human Rights, India Tagged With: Andhra Pradesh, Chittoor, Human rights, NHRC, Red Sanders, Rights

Chittoor encounter case: Two survivors to appear before NHRC

April 13, 2015 by Nasheman

Chittoor_encounter

New Delhi: The two survivors, who escaped the fierce exchange of fire between Andhra Police and alleged woodcutters in Chittoor district last week, are likely to appear before the National Human Rights Commission in Delhi on Monday, April 13.

According to reports, the two eyewitnesses boarded the evening flight to Delhi from Chennai to meet the NHRC. However, the third survivor, due to lack ID documents, could not travel.

The third survivor, Illango, had claimed that he was pulled out of a bus along with other villagers near Tiruttani by Andhra police before being detained.

Meanwhile, Andhra Police in Nellore has arrested 63 Tamil smugglers suspected to b part of the 20-member group killed in Seshachalam forest, as per ANI.

National Human Rights Commission on Thursday issued a notice to Telangana government seeking

a report over the killing of five under-trials, who were allegedly associated with SIMI and other radical groups, in police custody.

“Prima facie, it appears that this is an instance of blatant use of disproportionate force resulting in loss of lives of 5 undertrials who were in judicial custody and gross violation of human rights”, NHRC said in a statement.

The Commission has issued notices to the Chief Secretary and the Director General of Police, Telengana, calling for reports within two weeks.

It will further take up the matter in its camp sitting to be held at Hyderabad on April 23.

The notices were issued after the Commission took suo motu cognizance of media reports that Telengana police have shot dead five undertrials alleged to be associated with SIMI and other radical outfits when they were being brought by them to Hyderabad in connection with a court case on April 7.

According to media reports, the incident took place when the vehicle carrying the undertrials crossed Warangal district border and reached the outskirts of Tangupuru village in Aler Mandal of Nalgonda district.

“One of the undertrials asked the police to halt the vehicle for a toilet break. While getting back to the van, he allegedly snatched an INSAS rifle from a policeman and fired two bullets at a Sub-Inspector sitting in the front row, who ducked and escaped. Sensing danger, other Constables immediately opened fire resulting in the instant death of five undertrials,” the statement said.

The Commission has also observed that from the news report, it transpires that at the time of the incident, at least four of the undertrials were inside the van guarded by the accompanying policemen.

(Agencies)

Filed Under: Human Rights, India Tagged With: Andhra Pradesh, Chittoor, Human rights, NHRC, Red Sanders, Rights

Telangana must investigate alleged extrajudicial executions of five undertrials: Amnesty India

April 10, 2015 by Nasheman

Vikaruddin Ahmed

New Delhi: Amnesty International India  has asked the Telangana government ‘to order an independent criminal investigation into the killing of five undertrials by Telangana police on 7 April. ‘ according to its web site amnesty.org.in.

The Telangana police say the five undertrials – Viqaruddin, Amjad Ali, Mohammed Hanif, Zakir Ali and Izhar Khan – were being taken in a van by 17 policemen from the Warangal central prison to a court in Hyderabad. The police say that the undertrials attempted to overpower the policemen and snatch their assault rifles, and claim they opened fire in self-defense.

Video footage given to Amnesty International India by a journalist appears to show the five undertrials inside the police van after they were killed. All five appear to be handcuffed.

“Impunity for extrajudicial executions is a serious issue in India,” said Abhirr V P, Senior Campaigner at Amnesty International India.“Authorities in Telangana need to urgently conduct an independent criminal investigation into the case to determine if it involved extrajudicial executions disguised as ‘encounter’ killings.”

The five undertrials had been arrested on suspicion of killing two police officials and a state paramilitary official in different incidents between 2007 and 2010, and other offences.

On 1 April, two suspected members of a banned group allegedly shot dead two policemen in Nalgonda, Telangana. The police say that the suspects were killed three days later in an armed exchange with the police, in which another policeman was also killed.

According to guidelines issued by the National Human Rights Commission in 2010, alleged ‘fake encounters’ must be investigated by an independent agency. In September 2014, the Supreme Court stated in the PUCL versus State of Maharashtra case that killings in police encounters require independent investigations.

The UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions require that “[t]here shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where…reliable reports suggest unnatural death in the above circumstances.”

Filed Under: Human Rights, India Tagged With: Amnesty International, Amnesty International India, Human rights, NHRC, Rights, SIMI, Students Islamic Movement of India, Telangana, Undertrials, Vikaruddin Ahmed, Warangal

Reign in the trigger-happy police force in Andhra and Telangana – statement by JTSA

April 9, 2015 by Nasheman

fake_encounter

by Jamia Teachers’ Solidarity Association

JTSA condemns the killing of over 20 woodcutters in the Seshachalam forests and the 5 under-trials in Nalagonda (Telangana). In the first case, reports are already emerging that 7 of those killed, were taken in police custody a day before the encounter. This, along with other details such as bullet injuries on the chest, head and face, contradict the police version of the events. The scale of this violence is unprecedented and suggests how entrenched the culture of impunity is in the state police.

The photographic and video evidence emerging from the police van in which five undertrials – alleged terrorists – were killed by the police party, which was escorting them from Warangal jail to a court in Hyderabad strongly suggests this to be a case of cold-blooded execution in custody. The arms on the dead bodies of these five men – with their hands handcuffed to the seats of the police vehicle – appear to be clearly planted in order to ‘dress’ this up as an exchange of fire. Is it a mere coincidence that the judgment in the case of these five men was due to be pronounced soon?

All efforts must be made to ensure that the post mortem reports and other evidence such as ballistics and the clothes worn by the deceased in both the cases are secured and not tampered with. Time-bound high level judicial probes must be conducted into both the killings. Simultaneously, cases of unnatural death must be filed immediately and special public prosecutors appointed in consultation with the families to prosecute the policemen who participated in the massacres.

The media must follow these cases right through to their logical end in the fixing of accountability and not be satisfied with merely reporting the events as they have taken place.

However, the recent judgment on Hashimpura reveals the problems germane to doing justice to victims of encounters and custodial violence, that are near rampant. While the judgment does not deny the incident of 42 Muslim men being killed in cold blood by the PAC, there were no convictions because of the extremely weak nature of the evidence put forward by the prosecution. There is a need for a clear mechanism whereby either the prosecution or investigating agencies can themselves be held accountable. In heinous crimes such as cold-blooded massacres, how can there be no means to ensure that the investigating agencies and prosecution do their duty in fixing responsibility? Unless such a procedure or mechanism is evolved, justice will always elude the mechanical and cynical application of laws.

Filed Under: Human Rights, India Tagged With: Andhra Pradesh, Chittoor, Human rights, Jamia Teachers Solidarity Association, JTSA, NHRC, Red Sanders, Rights, SIMI, Students Islamic Movement of India, Telangana, Undertrials, Vikaruddin Ahmed, Warangal

Two encounters and a democracy

April 9, 2015 by Nasheman

fake_encounter

by Samar

The world’s largest democracy witnessed its police force killing 25 of its citizens in two encounters in Andhra Pradesh. “Encounters”, for the uninitiated, are a euphemism for killing unarmed civilians in staged gun battles. The police version of both the alleged encounters is such that it could be laughed-off had they not been about the deaths of civilians.

The police version of the first encounter is that newly formed Red-sanders Anti-Smuggling Task Force spotted footprints of the “smugglers” and came across around 100 of them felling trees in the Seshachalam Forest at the foot of the Tirumala Hills. Members of the Task Force challenged them to surrender, but the woodcutters responded by pelting stones. The Task Force in turn responded to the raining stones by firing randomly at the woodcutters, which led to death of 20 of them; the rest ran away. “We fired random shots in self-defence”, a taskforce member told the national daily The Hindu on condition of anonymity.

Logs and slippers neatly arranged!

Yes, you have read it right. A “random firing” in response to stone pelting has resulted in the death of 20 woodcutters. One wonders what could have been the toll had the Force targeted the woodcutters in self-defense. Let us forget how disproportionate it is to use bullets for stones, even if the stones were “raining” down. The alleged encounter took place in a jungle after all and trees could have given ample protection till the Task Force was able to gather itself. But then, Indian law enforcers are used to responding to stones with bullets, for instance in Kashmir in 2010, where 112 people were killed. This included many teenagers and an 11-year-old boy. An uncanny question about this encounter is why the Task Force did not arrest a single person from amongst the remaining 80 or so smugglers. So, not even “dead or alive”, the motto seems to have been “dead or nothing” or “take no prisoners”.

If one finds this one strange, wait till you catch up on the details of the second encounter. This one took place in a jail van, where 17 security force members were taking 5 undertrials from Warangal Jail to a Hyderabad court 150 km away. Yes, you read this right too. This encounter happened inside a jail van with all of the undertrials killed, while unarmed and handcuffed to their seats. The police claims, as per a news channel NDTV that Vikaruddin Ahmed, one of the undertrials, asked to be released in order for him to answer nature’s call. Upon his return he tried to snatch a weapon. The police opened fire when other undertrials allegedly tried to snatch weapons too and this led to all of them getting killed!

How could Vikaruddin Ahmed attempt to snatch a weapon from the security personnel, as undertrials are never let-off alone, not even to use the toilet? As standard operating procedure, security personnel always escort undertrials. Furthermore, even if he did attempt to snatch weaponry, how come a 17-member security force failed to overpower him without firing? Were not remaining four, as per their own claims, still handcuffed and unarmed? Finally, while it is impossible to believe this uncanny and highly improbable story, why exactly did the police need to kill the other four undertrials?

The answers to all these questions are rather simple. The victims in the first case were poor tribal youth caught not only in between lucrative offers of easy money but also interstate (and interlingua) rivalries between the neighbouring states of Tamil Nadu and Andhra Pradesh. That they were not real smugglers but merely coolies for the smuggling mafia that enjoys state patronage on both sides of the border is something immaterial for the police, which could shoot them with impunity but will never dare to touch real smugglers. What should be really bothersome, however, is the way almost all of the Indian media carried the story, parroting the police version, including calling those dead smugglers. Most media houses did not bat an eyelid to ask the obvious: why fire on people pelting stones and how come the Force could not arrest a single person.

Victims of the second encounter came from another persecuted minority of India. They were accused of being members of a local terror outfit Tehreek-Ghalba-e-Islam and were suspected of various attacks on the police in Hyderabad, as well as plotting the murder of Narendra Modi, now Prime Minister of India. They were in jail since 2010. In this case too, the media did the same. A few of reports went to the extent of claiming that the gunning down had foiled a terror plot against Mr. Modi. Only later did the skeletons come tumbling out of the closet. The pictures showing the “terrorists” slain while still being handcuffed to their seats make it nearly impossible for the media to keep parroting the police version.

Security forces eliminating people in custody or with impunity in “encounters” is one of the worst kept secrets of India. The Supreme Court, in its order in Criminal Appeal No.1255 OF 1999, has called such killings nothing less than “state sponsored terrorism”. The Court had done so despite recognising the fact that policemen are indeed required to “take to take drastic action against criminals to protect life and property of the people and to protect themselves against attack.” And yet, it set stringent guidelines to be followed as standard operating procedure in cases of encounters. The guidelines begin from the point of a tip off that can lead to such encounters to video-graphing the post-mortem of individuals that happen to die in the process of police work.

What, however, is a Supreme Court order worth that carries no weight for the police. Let us forget the second encounter, as it is simply too frivolous to be true, and check the facts of the first one. Did the Task Force record the tip-off in any diary? Did it file the mandatory FIR following the encounter and forward it to the court under Section 157 of the Code without any delay? Were any of the guidelines fulfilled so that an independent inquiry could reveal facts about the deaths? One of the guidelines requires an investigation by the Crime Investigation Department or a different police station by an officer at least one rank above the involved officer does not make much sense as officers from whatever stations but same police force investigating an encounter is like asking the accused to investigate himself.

The efficacy of a magisterial inquiry, another guideline set by the Court order, is exposed by the one that was conducted in the custodial killing of Thangjam Manorama, a Manipuri village girl, in 2004. The report of the judicial inquiry commission, led by C. Upendra Singh, retired District and Sessions Judge, Manipur, was submitted in December the same year and was never made public until November 2014. The report indicted personnel of 17 Assam Rifles for “brutal and merciless torture” of Ms. Manorama. Yet this has not resulted in the prosecution of any of the accused and the compensation to the family of the victim. Going by the evidence available, the fate of magisterial enquiries, even those that have fulfilled their mandate, cannot be drastically different in other such cases.

This begets another question: are Indian citizens cursed to live with the danger of getting killed by someone obligated to protect their person and property? They may fear more if they come from vulnerable sections of the society. But should they fear less even if they do not?

Till someone takes the responsibility of reforming the criminal justice system of the country all Indians are in danger. A cruel, violent, and unjust system harbouring criminals in uniform will hurt one and all. The Executive is not interested in any such reform as this system serves its interests well. Will the Judiciary take onus to enforce its orders? And, will the civil society of India understand that having good laws and court orders is not real protection for the marginalized or even the mainstream population in such a criminal justice system?

The author is a Programme Coordinator, Right to Food, AHRC, Hong Kong.

Filed Under: Human Rights, Opinion Tagged With: Andhra Pradesh, Chittoor, Human rights, NHRC, Red Sanders, Rights, SIMI, Students Islamic Movement of India, Telangana, Undertrials, Vikaruddin Ahmed, Warangal

Chittoor encounter 'survivor' surfaces, cops come under fire

April 8, 2015 by Nasheman

Chittoor_encounter

Chittoor: A rights group said on Wednesday it has traced a “survivor” from a group of loggers shot dead by Andhra Pradesh police in an incident dubbed as a “massacre” of wood-cutters from neighbouring Tamil Nadu.

On Tuesday, Andhra Pradesh police had claimed to have shot dead 20 illegal red sandalwood smugglers in a forest close to the temple town of Tirupati, sparking violent protests in the neighbouring state which continued on Wednesday.

Andhra Pradesh Civil Liberties Committee member Kranthi Chaitanya, in the forefront of a demand for a judicial enquiry into the encounter, said the organisation has “managed to establish contact with the survivor through relatives of the deceased who have come here (Chittoor) from Tamil Nadu.

“He is being kept at a safe place. We will produce him before the National Human Rights Commission,” he added.

The NHRC has already taken suo moto cognizance of the incident and asked for reports from the Andhra Pradesh chief secretary and police chief.

Family-members of a few of the slain “smugglers” arrived at the government mortuary in Chittoor also said the “survivor” was among of 8 wood-cutters hired by red sanders smugglers in Andhra.

The identity of the “survivor”, said to be from Arjuna Puram village in Thiruvanamalai district of Tamil Nadu, was not given.

They quoted him as saying that seven of his group were pulled out of a bus on Monday by police during a search at Nagari on the inter-state border.

“They were traveling in a bus from Thiruvanamalai to Chitoor on Monday afternoon. The bus was stopped by police and seven of the eight men were arrested. He was sitting separately and managed to slip away quietly,” said Raja Babu (38), a relative of one of those killed in the encounter.

The survivor is said to have returned to village on Tuesday morning, around the time news of the encounter broke on TV.

Media reports said that right group Amnesty International has also called for a fair probe into the incident.

Meanwhile, protests continued in Tamil Nadu with incidents of stone-pelting on buses originating in Andhra.

Police said four persons have been arrested over the attacks on buses. Several outfits organised protests in some parts of Tamil Nadu condemning the incident.

Tamil Nadu chief minister O Panneerselvam had written to the Andhra government, demanding a probe into what he called a massacre of innocent Tamils.

Union home minister Rajnath Singh also called up Andhra Pradesh chief minister N Chandrababu Naidu over the incident.

(Agencies)

Filed Under: Human Rights, India Tagged With: Andhra Pradesh, Chittoor, Human rights, NHRC, Red Sanders, Rights

NHRC issues notice to Kerala government on the arrest of human rights defenders

March 4, 2015 by Nasheman

Thushar Nirmal Sarathy Jaison Cooper

New Delhi: The National Human Rights Commission has taken suo motu cognizance of a media report that the Kerala Government was targeting human rights defenders and rights activists by labeling them as ‘Maoists sympathizers’.

Human rights defenders and advocates Tushar Nirmal Sarathy and Jaison C. Cooper had been arrested under Unlawful Activities Prevention Act in Kerala and were in jail since the 30th January, 2015. While Jaison was arrested from Cochin on the 29th January, 2015, Tushar was arrested after a press conference in Kozhikode on the same day.

The Commission has observed that the contents of the press report, if true, raise a serious issue of violation of human rights of human rights defenders. It has issued a notice to the Director General of Police, Kerala calling for a report within two weeks.

Reportedly, both Tushar and Jaison were actively engaged in peasants’ struggles against land acquisition, illegal rock quarrying, forcible evictions, and the violation of labour rights of migrant workers in Kerala as well as struggles against various polluting industries.

Filed Under: Human Rights, India Tagged With: Human rights, Jaison C Cooper, Kerala, Maoist, NHRC, Rights, Thushar Nirmal Sarathy

NHRC asks for report on Delhi church attack

February 3, 2015 by Nasheman

This is the fifth attack on a church since December.

This is the fifth attack on a church since December.

New Delhi: The National Human Rights Commission on Tuesday issued notice to the union home ministry, Delhi government and Delhi Police for a detailed report, including the status of investigation, into the ransacking-cum-theft in a Delhi church.

The NHRC issued notice to the secretary of the home ministry, chief secretary of Delhi government and the Delhi Police Commissioner to submit their reports on the allegations of desecration of the St. Alphonsa’s Church in south Delhi’s Vasant Kunj in the early hours of Monday.

“Home ministry, Delhi government and the Delhi Police have been given ten days’ time to respond,” said a NHRC release.

The NHRC intervened in the matter after taking suo motu cognizance of media reports about the incident of breaking open the doors of the St. Alphonsa’s Church and defiling of the place of worship and the objects held sacred, the release said.

The church’s administration Monday claimed it did not seem to be just an incident of theft as this was the fifth case within nine weeks when a church in Delhi was targeted.

A few sacred items, including a ciborium (receptacle) and a monstrance kept inside a tabernacle, a cabinet made of wood and glass, were taken away.

The release said the NHRC also received a telephonic information from advocate Manoj V. George alleging that the police were not taking necessary and appropriate action.

“The commission has observed that the intention of the offenders appears to be to insult a particular religion and…promote disharmony… the matter involves serious issues relating to violation of human rights and requires the intervention of the commission to ensure prompt investigation,” the release said.

Earlier, NHRC member Justice Cyriac Joseph accompanied by some officers visited the church Monday and met Fr. Vincent, the priest at the church.

“Fr. Vincent explained to the NHRC team the nature and the extent of damage caused to the church. He said that the miscreants entered the church by breaking open the front main door. The tabernacle on the main altar directly below the main crucifix was opened and the Chalice and the Monstrance were removed from the tabernacle and the Holy Communion Hosts were thrown around the place,” the release said.

Fr. Vincent informed the NHRC team that the adjacent room called the Sacristy in which vestments and clothing and valuable articles like Chalice were kept, was also ransacked, the release said.

“He alleged that the intention of the miscreants was not to commit theft or burglary, as neither the money kept in three offering boxes nor any valuable objects were taken away. The act was to desecrate the sanctity of the church and to create a sense of insecurity in the minds of religious minority,” the release said.

As per the release, Fr. Vincent also expressed the apprehension that there was an attempt to downplay the incident as mere a theft or a burglary.

However, the release added, the senior police officials present on the spot during the visit of the NHRC members denied the allegation and the reports that the FIR was registered showing the offence as theft or burglary.

“The ACP (Assistant Commissioner of Police) assured that FIR would be registered on the basis of the written complaint dated and in the light of the statement recorded by the police from Fr. Vincent Salvatore. The police officer asserted that there was no inaction on the part of the police and the investigation would be conducted strictly and accordance with law,” the release said.

(IANS)

Filed Under: Human Rights, India Tagged With: Communalism, Delhi, NHRC, St Aphonsa Church

NHRC notice to Andhra Pradesh over assault on labourers

December 17, 2014 by Nasheman

labourers-Human-Rights

New Delhi: The NHRC has issued notice to the Andhra Pradesh government after some forest officers of the state brutally assaulted labourers from the neighbouring state of Tamil Nadu, an official statement said Tuesday.

According to the National Human Rights Commission (NHRC), the victims were extremely poor and were felling trees in a forest situated on the border between the two states in order to earn a livelihood.

“The labourers were unaware that they had been hired by unscrupulous elements to acquire the high-value timber from the forest. The poor villagers were not aware of the legal consequences of their actions,” the NHRC said.

However, the Andhra Pradesh Police brutally assaulted the workers belonging to the border districts of Vellore, Krishnagiri and Dharmapuri in northern Tamil Nadu, the commission said, adding that there was a video clip of the entire incident.

“The law enforcement agencies can exercise their powers only in accordance with the provisions of the law. The video clips display a dismal picture of unarmed workers who were made to strip and were brutally attacked by certain persons claiming to be forest officials of Andhra Pradesh,” said the NHRC.

A notice has been issued to the chief secretary and Director General of Police of Andhra Pradesh, calling for a report within four weeks.

(IANS)

Filed Under: Human Rights, India Tagged With: Andhra Pradesh, Human rights, Labourers, National Human Rights Commission, NHRC, Rights, Tamil Nadu

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