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e – Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom
Editor : Nagaraj.M.R.........................vol.2issue.38.......................................02/12/2006
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EDITORIAL : POLICE PREPAREDNESS Vs TERRORIST ATTACKS
Recently, in the peaceful city of
The police are stressed out – their duty hours must be reduced to 8 hours/day , weekly-offs & holidays must be provided to them on par with other government employees. The police are at the forefront of dangers , troubles all the time risking their own lives, the government must insure each policeman to at least Rs.5 lakh. The government must treat police in a humane manner then they in turn will treat common folk in a humane manner.
The police must be given adequate training in crime detection & intelligence gathering with the use of modern methods & sensitized about human rights & constitution of
Until there are criminals in the seats of power in the government – gobbling-up the resources meant for the poor, there will be mafia , underworld , naxalism & terrorism. To counter them – their proxy war intelligence gathering by police is the key. JAI HIND . VANDE MATARAM.
Your's sincerely,
Nagaraj.m.r.
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THE CLOUT OF LAND MAFIA IN
An appeal ( PIL ) to the honourable supreme court of india
In
Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc.
There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rain falls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT
The state governments of karnataka &
The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also.
Hereby , HUMAN RIGHTS WATCH urges requests the honourable supreme court of
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AN APPEAL TO HONOURABLE PRIME MINISTER OF
Dear Sir ,
Name of victim: Mrs. Gouri Naskar, aged 35, the wife of Mr. Sushil Naskar, resided in Tentulpara, Naskarpara, Garia village under Sonarpura Police station in South 24 Parganas district, West Bengal state, India
Alleged perpetrators:
1. Mr. Bholanath Naskar, Mr. Sushil Naskar's uncle
2. Mr. Tabal Naskar, the son of Bholanath Naskar
3. Mr. Swapan Naskar, the son of Bholanath Naskar
4. Mr. Bapi Naskar, the son of Bholanath Naskar
(All of them are residing in Tentulpara, Naskarpara, Garia village)
Date of incident: At around
I am extremely disturbed to learn regarding the gross negligence of government hospitals and police inaction regarding a serious attack on the life of a woman. I have been informed that several government hospitals refused to provide emergency medical treatment to the seriously injured victim, which resulted into her untimely death. It has also been alleged that the local police apparently delayed to file a non-bailable charge against the alleged perpetrators despite the victim's relative's complaint and indirectly helped them to be bailed out by the court. It is believed that the police inaction is due to the nexus between the police and the alleged perpetrators, who are rich and influential figures in the area.
To briefly remind the case, Mrs. Gouri Naskar had a longstanding dispute regarding a piece of land with her husband's cousin family. On
I was informed that Mrs. Gouri was brought to different government hospitals but none of these hospitals admitted her for emergency medical treatment although she was in critical condition that needs urgent medical treatment. The concerned hospitals are; Bangur Hospital of Kolkata, Chittaranjan Medical College and Hospital, Kolkata, National Medical College and Hospital, Kolkata and S.S.K.M. Hospital, Kolkata. Finally Mrs. Gouri was succumbed to her head injury on August 14.
Such grass negligence of government hospitals is against the directions laid in the judgment of the Supreme Court in the case of Paschim Bangal Khet Mazdoor Samity and others Vs State of Bengal. In the judgment, the Supreme Court clearly mentioned that "failure on the part of the government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his 'right to life' guaranteed under Article 21 of the Indian Constitution".
I am also deeply concerned by deliberate police inaction into this matter. I was informed that even though the victim's sister-in-law lodged a complaint against the alleged perpetrators mentioned above on August 10 (FIR no. 260/06 dated 10/08/06 under section of 324/34 of IPC), the Sonarpura police did not take any initiatives to investigate the incident and arrest the alleged perpetrators. They did not even visit the incident place. Sections 324 is about "voluntarily causing hurt by dangerous weapons or means" and section 34 is about "acts done by several persons in furtherance of common intention".
I was also informed that the Sonarpura police, in particular the Investing Officer (IO) of this case Mr. A Laskar, deliberately delayed to add a non-bailable charge (section 304 of IPC) against the perpetrators in the Charge Sheet for 46 days after the victim's death. I was informed that when the police finally added this section into the charge sheet on September 30, meanwhile, taking advantage of apparently delayed police action, the alleged perpetrators became successful to get bail from the Court of Additional Chief Judicial Magistrate (ACJM), Alipore on September 12. They are now arrogantly intimidating the victim’s family not to pursue the case against them.
I was also informed that the Asian Human Rights Commission (AHRC),
In light of the above, I strongly call for your immediate intervention into this matter. I urge you to appoint independent investigating authority to enquire the role of Investing Officer (IO) of Sonarpura Police Station for delaying the action against the perpetrators. If it is proven that the police inaction is due to the corruption, strong action must be taken those responsible. I also urge you to take proper action to arrest the alleged perpetrators and also inquire about the alleged intimidation on the victim's family by these people. I also urge you to initiate an extensive enquiry about the alleged negligence of government hospitals mentioned above which resulted into victim's death. Proper departmental and legal action must be laid against hospital staff responsible for such negligence. I also urge you to ensure that adequate compensation is given to the victim family.
I look for your urgent intervention into this case.
Your’s sincerely ,
Nagaraj.M.R.
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AN APPEAL TO HEAD OF PEACE & RECONCIALIATION COMMITTEE, GOVERNMENT OF
Dear Mr Ali Ahmed al-Sayed,
As the next session of the National Assembly begins I am writing to you to urge the Peace and Reconciliation Committee of the National Assembly to take urgent and effective action to ensure the protection of civilians in
In the past four months over 80,000 more people in Darfur have been displaced, some of them for the second or third time. There are now more than 2 million people displaced in camps and towns who have been unable to return to their villages for over three years.
In many areas of
The government has failed to disarm the Janjawid as it agreed to do in the Ndjamena Humanitarian Ceasefire Agreement of 2004, the Darfur Peace Agreement of 2006 and many other agreements. Antonov planes of the Sudan Armed Forces are bombing villages in raids which almost invariably fail to distinguish between civilians and military targets.
There is an urgent need for an effective peacekeeping force to provide security for the civilian population, to ensure the safe and voluntary assisted return home of those who have been displaced, and to actively monitor and verify the disarmament of the Janjawid. The African Union Peace and Security Council resolved in March 2006 to hand over to a UN force with a strong mandate and better resources than the African Union Mission in Sudan (AMIS), which has been carrying out peacekeeping duties in Darfur since 2005.
The UN Security Council in August 2006 mandated an expanded UN peacekeeping force to be deployed in Darfur but, although there are already 10,000 UN peacekeepers in Sudan under the Comprehensive Peace Agreement, this deployment has so far been refused by the ruling National Congress Party. However other parties in the Government of National Unity accept the transition to a strong UN force with a mandate to protect civilians.
We urge you to use the weight of parliament and the National Assembly Peace and Reconciliation Committee to urge the government to accept UN peacekeepers. Until they come, the African Union and the international community must ensure that AMIS is strengthened and actively protects civilians.
We hope you will share our concerns with the other members of the Peace and Reconciliation Committee and the National Assembly so that active steps can be taken urgently to ensure the protection of the civilian population.
Your’s sincerely,
Nagaraj.M.R.
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AN APPEAL TO HEAD OF JUDICIARY , GOVERNMENT OF
Your excellency,
I am deeply concerned for the safety of student activist and blogger Kianoosh Sanjari who was arrested on 7 October and is now being held incommunicado. I am particularly worried that he may be at risk of torture or ill-treatment and would urge you to ensure that he is treated humanely and granted immediate and unconditional access to his lawyer, family members, and any medical treatment that he may require.
I would also urge you to make public any charges which he now faces and ensure that these are communicated to both Kianoosh Sanjari and his lawyer without delay.
I am particularly concerned that Kianoosh Sanjari may be a prisoner of conscience held solely for peacefully exercising his right to freedom of expression. If this is the case I would urge you to immediately release him in accordance with your obligations as a state party to the International Covenant on Civil and Political Rights, Article 19 of which states that everyone has the right to freedom of expression.
Your’s sincerely,
Nagaraj.M.R.
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AN APPEAL TO HONOURABLE PRIME MINISTER , GOVERNMENT OF
Dear Prime Minister,
I am writing to urge the immediate and unconditional release of prisoners of conscience Nguyen Vu Binh and Truong Quoc Huy.
These men have only exercised their legitimate right to freedom of expression through the Internet; Nguyen Vu Binh by communicating with others outside Viet Nam about human rights and corruption and Truong Quoc Huy by taking part in an Internet chat room and expressing support for other dissidents advocating political reform.
Your government has said many times that Vietnamese citizens have the right to freedom of expression. Arresting and imprisoning people like Nguyen Vu Binh and Truong Quoc Huy directly contradicts this.
I call on you to uphold the rights of all Vietnamese citizens to freedom of expression,and association, to release Nguyen Vu Binh and Truong Quoc Huy immediately and stop the harassment and arrest of countless others who have a valid and positive contribution to make towards the progress of
Your’s sincerely,
Nagaraj.M.R.
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HRW Documents Repression In
A recent report by the US-based Human Rights Watch (HRW) documents the systematic human rights abuses carried out by the Indian security forces in the state of
HRW conducted research for the report, entitled “Everyone Lives in Fear: Patterns of Impunity in Jammu and Kashmir,” from 2004 to February 2006 in Indian-controlled
The report provides detailed accounts and interviews implicating the Indian security forces in torture, disappearances, arbitrary detentions and summary executions, which are concealed as “encounter killings”.
The report stressed that the estimated 700,000 Indian soldiers and paramilitaries in
The Asian director of Human Rights Watch, Brad Adams, told the press in September: “Human rights abuses have been a cause as well as a consequence of the insurgency in
The report also covers in significant detail the massacres, bombings and political killings committed by various armed groups opposed to Indian rule of
The continuing conflict in
Subsequently, successive Indian governments have proved incapable of meeting the aspirations of the Kashmiri Muslims for genuine democratic rights and decent living standards. Seeking to ensure Indian domination over
Since 1989, at least 20,000 Kashmiri civilians have been killed as a result of the armed conflict and tens of thousands more have been injured according to the HRW report. About 300,000 Hindu Kashmiris have been internally displaced and another 30,000 Muslim Kashmiris have fled to neighbouring
The report cited evidence of summary killings of suspected militants. Police and army officials told HRW that detained suspects were often executed rather than being brought to jail, on the grounds that “keeping hardcore militants in gaol is a security risk”. The deaths were often falsely recorded as the result of “encounter killings”. One example was the case of five men shot supposedly in an armed “encounter”. While the army and police claimed the men were responsible for the massacre of 36 Kashmiri Sikhs in 2000, forensic tests later showed the men to be innocent local villagers.
Indian security forces have extensive powers under the Jammu and Kashmir Disturbed Areas Act and the Armed Forces (Jammu and Kashmir) Special Powers Act to use lethal force against anyone “who is acting in contravention of any law or order for the time being in force in the disturbed area”. The report cited an incident on
Kashmiri human rights defenders estimate that over 8,000 Kashmiris have simply “disappeared” since 1989. Most were last seen in the custody of Indian troops, who in turn denied holding the person. Many were tortured and then executed.
One case involved Manzoor Ahmed Mir, a 37-year-old state employee. A group of soldiers accompanied by three masked men took him away on
The HRW report stated that thousands of Kashmiris have been arbitrarily and illegally detained. One of
Many people have been detained beyond two years by simply rolling over preventative detention orders. Amnesty International reported on the case of Farooq Ahmad Dar, who was detained in November last year under his ninth consecutive PSA order. He has been in continuous detention since 1991.
Based on information from Mian Abdul Qayoom, president of the
Those in state custody are commonly tortured. “Relatives of militants are also taken into custody and tortured, either to discover the whereabouts of a suspect, or as a way of forcing the militant to surrender,” the report stated. The brother of a wanted Kashmiri told HRW that Indian forces had beaten him and given him electric shocks while in custody to try to force his brother to surrender. The torture only stopped when soldiers killed his brother.
Legal immunity
Most cases of serious human rights abuse in the
There is no civilian control over the proceedings of the military justice system. In addition, the provisions of the Criminal Procedure Code of 1973 protect any member of the armed forces from arrest for “anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the central government”.
Section 197(2) of the Criminal Procedure Code is a sweeping immunity provision that applies throughout
Security forces have used the
The HRW report is one more account of the widespread and sustained use of repression for over a decade in
The report underscores the fact that in
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Is someone Holding
Sonia Gandhi recently made a startling statement about her husband's premonition of death, but it went largely unnoticed. Describing her meeting with Rajiv after Indira Gandhi was assassinated on an October morning in 1984, she told a TV channel recently: "My husband was away. He was in
So Rajiv and Sonia knew that Rajiv would be inevitably killed whether or not he became prime minister? And who did they both think were going to target the future prime minister of
Since the LTTE was not even remotely an issue for
No that's not what Sonia Gandhi and her husband were afraid of. There had to be something more menacing, more capable of striking at will, more entrenched and threatening. Were the two thinking of a foreign country, as his mother was given to fearing about. An extremely powerful foreign agency perhaps? Or some highly motivated people within the Indian system itself, or both? These are probably very old questions, but unanswered questions nevertheless. They are relevant today because the threat to the future prime minister, should there be another from the Gandhi family, still looms large. Or has that threat waned.
A reasonable approach to these questions would be to scan the various anti-bodies that surrounded the Gandhis in their moment of crisis. There were three or four things that Rajiv Gandhi did during his turbulent five-year rule and later as opposition leader that may offer clues into his death.
To begin with, in his early days as prime minister, Rajiv had annoyed the business lobbies within his own party by declaring a war on the "politics of moneybags". The purported author of that famous speech in Mumbai in 1985 was believed to be Mani Shankar Aiyar, once Rajiv's man Friday. It is possible that the business lobbies that felt threatened by him had rejoiced at his death. But could they have plotted his extermination? Only as conduits, if at all.
Then there were political rivals within his Congress party, some of whom had approached President Zail Singh to dismiss his government. The commissions of inquiry that went into the assassinations of Indira and Rajiv Gandhi pointed to the possibility of the enemy within. But there's a global angle too. In the Cold War context, Indira Gandhi was seen as a Soviet protégé. She had often spoken of the threat from the CIA and from the Hindu revivalist RSS. Both are believed to have penetrated her porous Congress party and successfully destabilised her from within.
Indira Gandhi's emergency rule between 1975 and 77 was supported by the pro-Soviet Communist Party of India. In a post-Vietnam world, with the United States looking to avenge its humiliating exit from Saigon, Indira's move to fortify herself against the swirling threat from the right was of a piece with the global pattern. Within a short span Mujibur Rehman was assassinated in
So CIA definitely. It must be a source of worry to Rajiv Gandhi. And why not? If we regard his proximity to the Soviet leaders of his time, his landmark handshake with Deng Xiaopeng and his strident disapproval of the Chandrasekhar government's refuelling facilities given to American war planes that were heading for the Gulf during the first war against
It is of course no longer embarrassing for an Indian to be identified as a CIA man. Some of them wear the proximity like a badge of honour. The Pew survey, not the most reliable yardstick, nevertheless showed Indians as resolutely supportive of President Bush when everyone else seemed to have deserted his destructive policies. The new flavour in
Is it wrong to fear the worst under the given circumstances? Why did the most crucial file on Rajiv Gandhi's assassination disappear from Prime Minister Rao's office? Is it outlandish to suspect that
Someone she had in mind in her interview recently.
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Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA………cell : 9341820313
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/
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A member of AMNESTY INTERNATIONAL INDIA
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