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UPDATE (India): List of several missing and injured persons of the Nandigram massacre

March 16, 2007

[NOTICE: To facilitate your intervention of the urgent appeals issued by the AHRC, we have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of all the Indian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the authorities are attached below with this appeal. Thank you.]

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

16 March 2007

[RE: UA-014-2007: INDIA: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers; UA-083-2007: INDIA: 11 villagers killed and more than 50 persons injured when police fired at villagers protesting against proposed land acquisition in Nandigram; UP-038-2007: INDIA: Please urge the National Human Rights Commission of India to immediately send its fact-finding team to inquire about Nandigram massacre]
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UP-039-2007: List of several missing and injured persons of the Nandigram massacre

INDIA: Massacre; violation of the right to land; failure of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received further information from its local partner in West Bengal, MASUM, regarding the Nandigram massacre that happened on 14 March 2007. The MASUM has collected names of 19 missing and 29 injured persons (one died in the hospital) in the incident. However the actual number of the victims who were killed, disappeared and injured is expected to be much higher as no fact-finding activities have yet been launched. Meanwhile, the Calcutta High Court suo motu issued directions to the Central Bureau of Investigation (CBI) to immediately investigate the incident.

On receipt of a fax send to the court by The Association for Protection of Democratic Rights, which the court treated as a Public Interest Litigation, the court has also passed an interim order to permit NGOs or concerned persons to be permitted to enter Nandigram to provide assistance to the victims. Meanwhile, there is confirmed information that 27 additional dead bodies were found near the Haldi River near Nandigram. We again call for your strong intervention into this matter. Please urge the Indian government to ensure a speedy, impartial and thorough investigation into the matter and take strong actions against the police officers and others responsible for the massacre.      


UPDATED INFORMATION:

List of missing persons in Nandigram – confirmed through local sources

1. Mr. Subrata Patra, son of Mr. Lalu Patra of Sonachura village
2. Mrs. Basanti Kar, wife of Gora Chand Kar of Sonachura village
3. Mr. Subrata Samanta alias Gura, son of Pranab Samanta of Sonachura village
4. Mr. Musaraf Khan, son of Kaked Khan Nathchirachar
5. Mr. Badal Mondal, son of Gobardhan Mondal of 7 Jalpai village
6. Mrs. Sabitri Bijoli, wife of Sudarshan Bijoli of Sonachura village
7. Mr. Ratikanta Das, son of Surendra Das of 7 Jalpai village
8. Mr. Durga Pada Mondal of Roynagar village
9. Mr. Rabindra Nath Das, son of Bhanu Das of 7 Jalpai village
10. Mr. Subrata Bijoli, son of Late Sudarshan of Sonachura village
11. Mr. Proloy Giri, son of Loba Giri of South Khali village
12. Mrs. Kalibala Patra, wife of Nishi Patra of Kalicharanpur village
13. Mrs. Swapna Patra, wife of Bidhan Patra of Kalicharanpur village
14. Mrs. Srimati Das, wife of Panchanan Das of Kalicharanpur village
15. Mrs. Kalpana Patra, wife of Bibhuti Patra of Kalicharanpur village
16. Mrs. Basanti Bala Kar, wife of Gora Chand Kar of Kalicharanpur village
17. Mr. Tapas Kar, son of Gora Chand Kar of Kalicharanpur village
18. Mr. Panchanan Das, son of Gunadhar of Keshabpur village
19. Mr. Imadul alias Raja, son of Manirul Islam of Jadubari Chowk village

List of injured person - confirmed through local sources
  
1. Mr. Bhabani Giri, aged 45, bullet injury
2. Mr. Gopal Das, aged 30, injured on his right shoulder
3. Mr. Sk. Mazahar, aged 40, injured on his right leg
4. Mrs. Bansari Acharya, aged 35, injured
5. Mr. Abhijit Giri, injured on his arms
6. Mrs. Sarnomoyee Das, aged 40, injured
7. Mr. Salil Das Adhikari, aged 35, injured
8. Mrs. Anuvha Kanrar, aged 30, injured
9. Mr. Saddam Hussien, aged 20, injured
10. Mr. Parikshit Maity
11. Mr. Prithis Das, aged 35, head injury
12. Mr. Ratikanta Das, aged 40, bullet injury
13. Mr. Sankha Gula, aged 50, bullet injury
14. Mrs. Manju Manna, aged 45, bullet injury in her thigh
15. Mrs. Haimabati Halder, aged 45, bullet injury in her thigh
16. Mr. Subodh Das, aged 50, injured
17. Mrs. Kanak Das, aged 40, injured
18. Ms. Tapashi Das, aged 30, lacerated injury on his buttock
19. Mrs. Sita Maity, aged 47
20. Mrs. Gouri Mondal, aged 45
21. Mrs. Anjali Das, aged 55, head injury
22. Mr. Sk. Suraras, aged 30, injury
23. Mr. Nirmal Mondal, aged 28, skull injury
24. Mr. Parikshit Dhara, aged 68
25. Mr. Kanchan Mal, aged 50, bullet injury
26. Mr. Prajapati Hazra, aged 50
27. Mr. Asoke Mondal, aged 50, head injury
28. Mr. Mani Rana, aged 30, bullet injury
29. Mr. Sambhu Pal, aged 25, Sonachura village (died according to hospital records)

List of injured police personnel:

1. Mr. Biswajit Ghosh, Sub-Divisional Police Officer, Egra
2. Mr. Pranab Chatterjee, Circle Inspector, Bhupatinagar
3. Mr. Sitangshu Sinha, aged 30, constable of the State Armed Police (SAP) 12 battalion
4. Mr. Pijush Munda, constable of the SAP 12 battalion

The above list of the inured persons is based on the records of Tamluk Mahakuma (Sub-divisional) Hospital in East Midnapur district. The injured persons were admitted on 14-15 March 2007. Many of the injured persons mentioned above were referred to Seth Sukhlal Karnani Hospital in Kolkata.    

At around noon of March 16, the MASUM’s activist Mr. Sadhan Roy Chowdhury along with some local NGO activists reached the Nandigram Block Primary Health Center, where many of the injured persons including two rape victims are reportedly warded. The rape victims are: Mrs. Kajol Majhi and Mrs. Gouri Pradhan. According to Mr. Chowdhury, the victims are not receiving proper medical treatment due to extremely inadequate medical facilities. Mr. Chowdhury reported that 65 injured victims of Nandigram incident has been warded in the Health Center, which has only 8 beds. Also, there are reportedly shortage of blood and other medicines for the treatment. However, it is reported that the district as well as the state government has not yet provided any medial assistance to the injured persons. The AHRC will update the list of the injured persons as soon as we receive further information.

Calcutta High Court judgment on Nandigram massacre

In its judgment (reference number: A.S.T. 205 of 2007), the Calcutta High Court issued an interim order restraining the Respondent Nos. 2 to 7 (government agents) preventing the NGOs and voluntary aid organization from reaching Nandigram to provide assistance to injured and deceased villagers.

The judgment confirmed "there have been a large number of deaths which are directly attributable to the prolonged gunfire by the police of the State of West Bengal" and further criticized the police mentioning that "it seems as if the Police Department which is under the control of the Home Department is not even aware of the existence of Article 21 (right to life) of the Constitution". It further mentioned that the action of the police department is "wholly unconstitutional and cannot be justified under any provision of law". 

The High Court also directed the District Administration to ensure that the unclaimed dead bodies are handed over to the appropriate authorities and conduct post-mortem and inquest on the bodies. The Court also issued a notice to the West Bengal state government to file a detailed affidavit explaining the reasons for the police action in Nandigram. The Court also directed the Nandigram matter to be investigated by a special team, deputed by the Director of Central Beauro Investigation (CBI) in New Delhi, concerning “the possibility of relevant evidence being lost/destroyed”.  


AHRC's previous urgent appeals and statements on Nandigram issue

To see further details about the Nandigram massacre, please see also: 

UA-083-2007: INDIA: 11 villagers killed and more than 50 persons injured when police fired at villagers protesting against proposed land acquisition in Nandigram
UP-038-2007: INDIA: Please urge the National Human Rights Commission of India to immediately send its fact-finding team to inquire about Nandigram massacre
AS-051-2007: INDIA: Nandigram, the latest outcome of a failing justice system
AHRC-PL-012-2007: INDIA: AHRC calls for international protest over massacre, questions Indian "democracy"

SUGGESTED ACTION:
Please immediately write to the relevant Indian authorities listed below and urge them to ensure the speedy, impartial and thorough investigation into the Nandigram massacre and to take strong actions against police officers and others responsible for the massacre. Please also request the authorities to ensure that local administration provide full assistance and protection to the fact-finding teams so that they can conduct their work freely without any obstruction.

To support this urgent appeal, please click here:

Sample letter:

Dear ________,

INDIA: Call for speedy and independent investigation into the Nandigram massacre; immediate medical assistance required to the injured victims

I am writing to invite your urgent intervention to ensure the immediate launch of independent and thorough investigation into the Nandigram massacre and urgent assistance, including medical assistance, to the injured victims of Nandigram.

The actual casualties of the Nandigram massacre are much higher than what the West Bengal state government admits. I am informed about a detailed list of 19 missing persons, and that 27 unidentified dead bodies were found near the Haldi River in Nandigram. I am also informed that the records of Tamluk Mahakuma (Sub-divisional) Hospital in East Midnapur district also shows that 29 injured persons (one person died in the hospital) of Nandigram incident were brought to the hospital.

I am further informed that about 65 injured victims of Nandigram incident has been warded in the Nandigram Block Primary Health Center. The casualties of the killed, missing and injured persons have already reached above 120. I worry that the actual number of the killed, disappeared and injured might be much higher. Also, the dead bodies found near the river confirms that the allegation of destroying evidence by the police about the massacre.

I therefore urge you to make an immediate intervention to ensure a speedy and independent investigation into the Nandigram massacre. Those responsible for the massacre must be investigated and brought to justice. I am informed that the Calcutta High Court has taken suo motu action in the incident where it has ordered a CBI inquiry and has also asked the state government to report to the court regarding the incident. The court has also passed an interim order to allow NGOs or concerned persons to be permitted to enter Nandigram to provide assistance to the victims.

I also request that you take action to ensure that the immediate removal of all persons responsible, including the Inspector General of Police and other senior police officers directly connected to the incident from active service pending the inquiry into the incident. I again call for the National Human Rights Commission to immediately send a fact-finding team and conduct an independent inquiry into the incident rather than asking the state government to submit a report in the case. The CBI investigation should be launched immediately and conducted in an impartial and proper manner.

Further, I appeal to you to ensure that necessary assistance, including the medical assistance, are immediately provided to the injured victims of Nandigram. I am informed that the Nandigram Block Primary Health Center, where about 65 injured victims have been warded in, has only 8 beds and is lack of blood and other medicines. As a result, the victims have not receiving proper medical treatment due to extremely inadequate medical facilities. I am appalled to learn that the district as well as the state government has not yet provided any medial assistance to the injured persons to date, despite the graveness of the matter. 

I look for your urgent intervention into this matter.

Sincerely yours,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

2. Dr. Justice Shivraj V Patil
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi, 110001, INDIA
chairnhrc@nic.in or patilsv@nic.in 

3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

4. The Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt@nic.in

5. Mr. Somnath Chatterjee
Honorable Speaker – Lok Sabha
20, Akbar Road,
New Delhi 110011
INDIA
Fax: + 91 11 23016212
Email: speakerloksabha@sansad.nic.in
 
6. Mr. Bhairon Singh Shekhawat
The Chairman – Rajya Sabha
6, Maulana Azad Road
New Delhi 110011
INDIA
Fax: + 91 – 11 23011207
Email: vpindia@sansad.nic.in 

7. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

8. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

9. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)

10. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

11. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-039-2007
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.