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INDIA: Violent attack on human rights defenders by supporters of West Bengal ruling party

August 23, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
 
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
 
23 August 2004
 
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UA-106-2004: INDIA: Violent attack on human rights defenders by supporters of West Bengal ruling party
 
INDIA: Attack on human rights defenders; police inaction
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Dear friends
 
The Asian Human Rights Commission (AHRC) has received information from its partner organisation in West Bengal, Manabadhikar Suraksha Mancha (Masum), about a violent attack on a group of human rights defenders engaged in a street meeting in Hooghly, greater Kolkota. Over 50 persons led by local leaders of the ruling communist party attacked the gathering of the Association for Protection of Democratic Rights on 21 August 2004. Nearby police failed to do anything to stop the attack or arrest the perpetrators.
 
You are asked to write a letter to the Chief Minister of West Bengal to ensure that the perpetrators of the attack are brought to justice, the negligent police held to account, and further such attacks against human rights defenders not occur in the state in the future.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION
 
Names of the victims: Sujato Bhadra, Amitadyuti Kumar, Sanjib Acharya, Bapi Dasgupta, Raghunath Chakraborty, Shankar Nandy, Sukumar Tiwari, Tushar Chakraborty, Bapi Das Gupta, Pradip Banerjee, Amal Roy, Gautam Munshi and others
Place of occurrence: Jangipara Bus stand, in front of Jangipara Police Station, Hooghly, West Bengal
Date of occurrence: 21 August 2004 at 4.30 p.m.
Name of perpetrator: Arup Basu Mallick, Party Zonal Secretary, Communist Party of India (Marxist) (CPIM), leading a gang of about 50-60 men
 
At about 4:30pm on 21 August 2004, activists of the Jangipara branch of the Association for Protection of Democratic Rights (APDR) a leading human rights organization in West Bengal working for the cause of democratic rights since 1972, assembled for a street-meeting against state-repression at the Jangipara Bus stand. The bus stand is located in front of the Jangipara Police Station, in Jangipara, Hooghly, greater Kolkota, West Bengal.  The local APDR members were joined for the occasion by Sri Sujato Bhadra, the General Secretary of APDR, Sri Amitadyuti Kumar, the Vice-President, Prof. Sanjib Acharya, the Secretary of Hooghly District Committee, and Secretariat Members Sri Bapi Dasgupta, Sri Raghunath Chakraborty, Sri Shankar Nandy, Sri Sukumar Tiwari, Sri Tushar Chakraborty. The meeting had been pre-arranged, and was peaceful.
 
Suddenly a group of 50 to 60 people appeared, led by local leaders of the Communist Party of India (Marxist) (CPIM), the ruling party in West Bengal for some 27 years, carrying communist flags in their hands. The group attacked the persons gathered for the APDR meeting, kicking them, beating them with their fists and poles, and verbally abusing them.
 
The human rights defenders rushed to seek protection at the front of the Jangipara Police station, some 50 metres away. Although a contingent of police was posted nearby the place of the attack, and the victims rushed to the police station, no police officers came to stop the violence or arrest the perpetrators. The attackers then rushed to the police station and holed the APDR members up inside.
 
Having broken up the APDR meeting, the attacking group then began their own meeting, abusing the human rights defenders and labelling them as part of an opposition party plot.
 
Some local people called a nearby doctor to treat the wounded, but the doctor was so frightened that he refused to give any formal prescription for the victims’ treatment, or sign anything. The victims were later treated in Walsh Hospital, Srirampur. Click here to view a photograph of two of the victims, after receiving medical treatment. The two are, on left, Sri Amitadyuti Kumar, Vice-President of APDR, and in the middle, Gautam Munshi, Treasurer of the Hooghly District Committee.
 
ADDITIONAL COMMENTS
 
This attack comes at a time of growing violence against human rights defenders organised by the authorities in a number of states in India (see for instance, earlier Urgent Appeals, UA-80-2004, UA-71-2003). Most recently, reports are being received of serious state-organised attacks on human rights organisations and affiliates in the states of Assam and Manipur, in the north east of the country. In the case of the attack in West Bengal, according to persons who have investigated the incident, it was clearly a pre-meditated and well-organised assault on a long-standing and well-known organisation working for civil and political rights, by proxy agents of the state government.
 
SUGGESTED ACTION
 
Please write to the Chief Minister of West Bengal urging him to ensure that a full investigation of the incident is conducted, the attackers arrested and charged for their offences, and the police officers concerned disciplined for their inaction. Please also urge him to ensure that human rights defenders are properly protected in the state of West Bengal.
 
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Dear Mr Chief Minister
 
Re: Violent attack on human rights defenders at Jangipara Bus stand, Hooghly by CPIM members
 
I am deeply concerned to hear of an attack on a group of human rights defenders of the Association for Protection of Democratic Rights (APDR) by a group of persons apparently belonging to your political party.
 
According to the information I have received, at about 4:30pm on 21 August 2004, a group of 50 to 60 people, led by local leaders of the Communist Party of India (Marxist) (CPIM), attacked APDR members gathered for a public meeting near the Jangipara Bus stand, Hooghly. Among the leaders of the group was Arup Basu Mallick, Party Zonal Secretary for CPIM. The group attacked the APDR members, kicking them, beating them with their fists and poles, and verbally abusing them. The human rights defenders rushed to seek protection at the front of the Jangipara Police station, some 50 metres away. Although a contingent of police was posted nearby the place of the attack, and the victims rushed to the police station, no police officers came to stop the violence or arrest the perpetrators. The attackers then rushed to the police station and holed the APDR members up inside. A doctor called to the scene refused to give prescriptions to the wounded, and they were later taken to hospital.
 
I am particularly concerned that the police failed to act to stop the violence in this instance, and arrest the perpetrators. I am also concerned that the attack appears to have been deliberately organised and carried out under the banner of your party. 
 
I believe that you would not wish to condone such attacks carried out under the name of your political party. I therefore urge you to ensure that the perpetrators of this violence are arrested, a full judicial inquiry into the incident conducted, and the police concerned held to account for their dereliction of duty.
 
I also urge you to ensure that attacks of this nature do not persist against human rights defenders in West Bengal, and in particular, that they are afforded police and judicial protection in every instance where they are threatened as a consequence of their work.
 
Yours sincerely
 
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PLEASE SEND YOUR LETTERS TO:
 
Mr. Buddhadeb Bhattacharyya
Chief Minister and Home Minister of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 5480
 
 
PLEASE SEND COPIES TO:
 
1. Mr Ashok Gupta
Chief Secretary
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 4328
 
2. Mr. Shyamal Kumar Dutta
Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in
 
3. Justice A S Anand
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi - 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in
 
4. Justice Shyamal Kumar Sen
Chairman
West Bengal Human Rights Commission
Bhavani Bhavan
Alipur, Kolkata-27
West Bengal
INDIA
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in
 
5. Ms. Hina Jilani
UN Special Representative of the Secretary-General on Human Rights Defenders
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Document Type :
Urgent Appeal Case
Document ID :
UA-106-2004
Countries :
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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.