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INDIA: Human rights defender murdered for challenging corruption

March 10, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAC-056-2011

 

10 March 2011
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INDIA: Human rights defender murdered for challenging corruption

ISSUES: Corruption; Police inaction; Right to life; Threats to human rights defender
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the murder of human rights activist Mr. Niyamat Ansari in Kope Gram Panchayat of Latehar District, Jharkhand state, on 2 March, as well as a similar attempt on the same day upon the life of his associate Mr. Bhukhan Singh. It is reported that the local private contractors engaged in the implementation of employment generation schemes under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) are behind the murder since Ansari and Singh were trying to expose the corruption behind the utilisation of funds under the MGNREGA. Only one person has been arrested so far despite nationwide public outcry for immediate arrest of the suspects.

CASE NARRATIVE:

As provided by the notes prepared after detailed enquiries conducted by Prof. Jean Drèze, Mr. James Herenj and Ms. Reetika Khera and also draws on the findings of the People's Union for Civil Liberties (PUCL) fact finding team on 6 March, 2011. Some details may require further corroboration, but the main points are well established.



On 2 March, 2011 a group of armed men in uniforms abducted Niyamat from his residence in Jerua village (Kope Gram Panchayat). He was brutally beaten for nearly one hour. According to eyewitnesses, the same people who attacked Niyamat in October 2008 did this. It is strongly suspected that Mr. Shankar Dubey, a petty contractor in the locality and his associates instigated these men. After they deserted him, Niyamat's brother and other family members carried his unconscious body on a charpoy from Jerua village to Manika Police Station, a distance of about 10km. Niyamat's family reached Manika Police Station by foot, with Niyamat unconscious on a charpoy, before the administration managed to send an ambulance to them. After this, Niyamat was brought to Latehar Sadar Hospital. Soon after reaching there, he died.

The suspects were also seeking out Niyamat's associate, Mr. Bhukhan Singh to be assaulted. But he was able to save his life by hiding. On the morning of 3 March he was brought to Latehar by the district authorities.

Niyamat is a resident of Kope Gram Panchayat in Manika Block, Latehar District. During the last few years, he was working with Gram Swaraj Abhiyan, a local campaign for village self-rule, also involved in issues such as the right to information, the right to food and the right to work.

Since MGNREGA was launched in 2006, Niyamat and his close friend Mr. Bhukhan Singh (also from Kope Gram Panchayat) have been working for the rights of MGNREGA workers in the area. This included helping labourers to file work applications. From 2007 till February 2009, they supported a demand for unemployment allowance for several workers in Kope Panchayat. Their efforts bore fruit when in the Latehar Lok Adalat in February 2009, more than 90 workers were paid unemployment allowance for the first time in Jharkhand.

Their fight against corruption in MGNREGA made them very unpopular in the eyes of local vested interests especially private contractors who are still in control of many MGNREGA works in large parts of Jharkhand. In October 2008, they were attacked in their village and hid in a pile of wood to save their lives. In February 2009, immediately after the Lok Adalat, false cases were charged against them.

Goons attacked residents of Kope Gram Panchayat in March 2009. Several people, including women, were brutally beaten. In October 2010, Bhukhan and Niyamat's homes were locked up and other residents of the village were warned against helping them. Bhukhan and Niyamat clearly identified Mr. Shankar Dubey (a notorious local contractor) as the person behind this attack upon them as well as behind the earlier attempt on their lives, in October 2008.

In February 2011, Niyamat Ansari and others exposed a Rs. 250,000 worth scam in MGNREGA in Rankikalan Gram Panchayat. Kailash Sahu, former Block Development Officer of Manika Block and Basudev Nagesia (Panchayat Sewak of Rankikalan) played a key role in this scam. Babloo Dubey, son of above-mentioned Shankar Dubey, was also suspected of being involved in the scam. After an enquiry, an FIR was lodged against the BDO and Panchayat Sewak on 1 March 2011.

On 3 March, a First Information Report (FIR) was lodged in Latehar against eight persons believed to be responsible for Niyamat's murder. Those named in the FIR are Mr. Sudarshan, Mr. Shankar Dubey, Mr. Vijay Dubey, Mr. Purushottam Prashad, Mr. Arun Singh, Mr. Vashisht Tiwari, Mr. Prem Chand Singh and Mr. Devas Singh. The Superintendent of Police (SP) Latehar promised to arrest them all without delay.

Sudarshan, named in the FIR, is known as the local Maoist "commander". The other persons named in the FIR, starting with Shankar Dubey, are mainly local contractors or their associates. Some of them, including Shankar Dubey and Arun Singh, have political party affiliations and are believed to enjoy the protection and patronage of local politicians or former politicians.

On 5 March, local newspapers including Prabhat Khabar and Dainik Bhaskar published a statement by the South Latehar Sub-zonal Committee of Communist Party of India (Maoist) claiming responsibility for the murder. Their main complaint against Niyamat in that statement is that he had failed to appear in a "jan adalat" (people's court) they had convened to resolve a local dispute about forestland, and turned police informer. In the same statement, they warned Bhukhan Singh that if he remained under police protection and failed to come to a jan adalat, he would meet the same fate. This statement ends by absolving the others named in the FIR of the crime.

On 6 March, a joint delegation of the PUCL and United Milli Forum (UMF) visited the area and conducted a thorough enquiry. This enquiry confirmed the above-mentioned series of events. Their report is awaited.

On 7 March, the Indian Express carried an inaccurate and insidious article claiming that the District Commissioner and SP of Latehar had sent a report to the Ministry of Rural Development stating that Niyamat had cases of "attempt to murder" against him and had been responsible for the burning of Adivasi (tribal) huts. There are no such cases against Niyamat, nor did the DC and SP claim this in their report. The following day the Indian Express carried an apology for the same. A personal apology was also received by email from the concerned reporter.

At the time of sending the appeal (9 March 2011), only one of those named in the FIR (Arun Singh) has been arrested.

An earlier interview with Niyamat is available with all the background information at http://nrega.net.in/content/niyamat-ansari-interview.

SUGGESTED ACTION:
Please write to the authorities mentioned below urging a prompt and independent investigation into the incident. The suspects must be arrested and brought to trial without any delay. The AHRC is also writing a separate letter to the UN Special Rapporteur on the situation of human rights defenders calling for an intervention in the case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDIA: Murder of Niyamat Ansari must be investigated immediately and the suspects arrested

Name of victim: Mr. Niyamat Ansari, resident of Kope Gram Panchayat in Manika Block, Latehar District, Jharkhand state
Names of alleged perpetrators:
1. Mr. Sudarshan
2. Mr. Shankar Dubey
3. Mr. Vijay Dubey
4. Mr. Purushottam Prashad
5. Mr. Arun Singh
6. Mr. Vashisht Tiwari
7. Mr. Prem Chand Singh
8. Mr. Devas Singh
All of them are accused in the FIR filed at Latehar Police Station in connection with the murder of Niyamat Ansari
Date of incident: 2 March 2011
Place of incident: Kope Gram Panchayat in Manika Block, Latehar District

I am writing to voice my deep concern regarding the murder of Mr. Niyamat Ansari, a right to information activist and human rights defender who was murdered on 3 March 2011 at Kope Gram Panchayat in Manika Block, Latehar District, in Jharkhand state. I am informed that till today, only one person has been arrested in connection with the murder.

I am informed that on 2 March, 2011 a group of armed men in uniforms abducted Niyamat from his residence in Jerua village (Kope Gram Panchayat). It is reported that Niyamat was brutally beaten for nearly one hour. According to eyewitnesses, the same people who attacked Niyamat in October 2008 did this. It is strongly suspected that Mr. Shankar Dubey, a petty contractor in the locality and his associates instigated these men. It is reported that after they deserted him, Niyamat's brother and other family members carried his unconscious body on a charpoy from Jerua village to Manika Police Station, a distance of about 10km. Niyamat's family reached Manika Police Station by foot, with Niyamat unconscious on a charpoy, before the administration managed to send an ambulance to them. After this, Niyamat was brought to Latehar Sadar Hospital. Soon after reaching there, he died.

It is alleged that the suspects were also seeking out Niyamat's associate, Mr. Bhukhan Singh to be assaulted. But he was able to save his life by hiding. On the morning of 3 March he was brought to Latehar by the district authorities.

I am informed that Niyamat is a resident of Kope Gram Panchayat in Manika Block, Latehar District. During the last few years, he was working with Gram Swaraj Abhiyan, a local campaign for village self-rule, also involved in issues such as the right to information, the right to food and the right to work.

I am also informed that since MGNREGA was launched in 2006, Niyamat and his close friend Mr. Bhukhan Singh (also from Kope Gram Panchayat) have been working for the rights of MGNREGA workers in the area. This included helping labourers to file work applications. From 2007 till February 2009, they supported a demand for unemployment allowance for several workers in Kope Panchayat. Their efforts bore fruit when in the Latehar Lok Adalat in February 2009, more than 90 workers were paid unemployment allowance for the first time in Jharkhand.

It is alleged that their fight against corruption in MGNREGA made them very unpopular in the eyes of local vested interests especially private contractors who are still in control of many MGNREGA works in large parts of Jharkhand. In October 2008, they were attacked in their village and hid in a pile of wood to save their lives. In February 2009, immediately after the Lok Adalat, false cases were charged against them.

It is also reported that in March 2009 some thugs attacked residents of Kope Gram Panchayat. It is alleged that several people, including women, were brutally beaten. In October 2010, Bhukhan and Niyamat's homes were locked up and other residents of the village were warned against helping them. Bhukhan and Niyamat clearly identified Mr. Shankar Dubey (a notorious local contractor) as the person behind this attack upon them as well as behind the earlier attempt on their lives, in October 2008.

In February 2011, Niyamat Ansari and others exposed a Rs. 250,000 worth scam in MGNREGA in Rankikalan Gram Panchayat. Kailash Sahu, former Block Development Officer of Manika Block and Basudev Nagesia (Panchayat Sewak of Rankikalan) played a key role in this scam. Babloo Dubey, son of above-mentioned Shankar Dubey, was also suspected of being involved in the scam. After an enquiry, an FIR was lodged against the BDO and Panchayat Sewak on 1 March 2011.

I am aware that on 3 March, a First Information Report (FIR) was lodged in Latehar against eight persons believed to be responsible for Niyamat's murder. Those named in the FIR are Mr. Sudarshan, Mr. Shankar Dubey, Mr. Vijay Dubey, Mr. Purushottam Prashad, Mr. Arun Singh, Mr. Vashisht Tiwari, Mr. Prem Chand Singh and Mr. Devas Singh. The Superintendent of Police (SP) Latehar promised to arrest them all without delay.

It is alleged that Mr. Sudarshan, named in the FIR, is known as the local Maoist "commander". The other persons named in the FIR, starting with Shankar Dubey, are mainly local contractors or their associates. Some of them, including Shankar Dubey and Arun Singh, have political party affiliations and are believed to enjoy the protection and patronage of local politicians or former politicians.

On 5 March, local newspapers including Prabhat Khabar and Dainik Bhaskar published a statement by the South Latehar Sub-zonal Committee of Communist Party of India (Maoist) claiming responsibility for the murder. Their main complaint against Niyamat in that statement is that he had failed to appear in a "jan adalat" (people's court) they had convened to resolve a local dispute about forestland, and turned police informer. In the same statement, they warned Bhukhan Singh that if he remained under police protection and failed to come to a jan adalat, he would meet the same fate. This statement ends by absolving the others named in the FIR of the crime.

I am also aware that on 6 March, a joint delegation of the PUCL and United Milli Forum (UMF) visited the area and conducted a thorough enquiry. This enquiry confirmed the above-mentioned series of events. I am also informed that the Asian Human Rights Commission (AHRC) has sent a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders calling for an intervention in the case.

I am also aware that on 7 March, the Indian Express carried an inaccurate and insidious article claiming that the District Commissioner and SP of Latehar had sent a report to the Ministry of Rural Development stating that Niyamat had cases of "attempt to murder" against him and had been responsible for the burning of Adivasi (tribal) huts. There are no such cases against Niyamat, nor did the DC and SP claim this in their report. The following day the Indian Express carried an apology for the same. A personal apology was also received by email from the concerned reporter.

I therefore request you:

1. That a Judicial Magistrate without any further delays records the statements of the witnesses to the incident;
2. That the police provide all protection to the witnesses;
3. That the Niyamat's and Bhukhan's family be provided protection;
4. That the state government pay an interim compensation to Niyamat's family should the family agree to accept the same without any further delay;
5. That the investigation in the case completed without any further delay and the suspects arrested

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Mr. Arjun Munda
Chief Minister
Government of Jharkhand
Government Secretariat
Ranchi, Jharkhand
INDIA
Fax: +91 651 2205100
Email: cm-jharkhand@nic.in

2. Dr. A. K. Singh (IAS)
Chief Secretary
Government of Jharkhand
Government Secretariat
Ranchi, Jharkhand
INDIA
Fax: +91 651 2400 255
Email: cs-jharkhand@nic.in

3. Mr. D. K. Tiwari (IAS)
Principal Secretary to the Chief Minister
Government of Jharkhand
Government Secretariat
Ranchi, Jharkhand
INDIA
Fax: +91 651 2400 447

4. Mr. J. B. Tubid (IAS)
Principal Secretary (Home Ministry)
Government of Jharkhand
Government Secretariat
Ranchi, Jharkhand
INDIA
Fax: +91 651 2400 230

5. Mr. Neyaz Ahmed (IPS)
Director General of Police
Through the office of Principal Secretary (Home Ministry)
Government of Jharkhand
Government Secretariat
Ranchi, Jharkhand
INDIA
Fax: +91 651 2400 230
Email: dgp-jharkhand@nic.in


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-056-2011
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.