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UPDATE: The case of Fr. PJ Joseph SJ

May 8, 2001

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPADTE URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 9 May 2001
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UP-06-2001 (RE: UA-12-2001: Jesuit Priest abused by his own order)

UPDATE : The case of Fr. P.J. Joseph S.J.
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Dear Friends,

We are enclosing a copy of an open letter sent today by the AHRC to the Jesuit Supeior General in Rome regarding Fr. Pallath's case. The letter is also available at: http://jjpallath.ahrchk.net

Thank you.

Urgent Appeal Desk
Asian Human Rights Commission

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An Open Letter to:
Rev. Fr. Peter-Hans Kolvenbach
Superior General
Curia Generalize
Compagnia di Gesu
C.P. 6139
00195 Roma Prati
ITALY

9th May 2001

Re: Physical assault, slander through gutter press, filing of fabricated criminal cases, denial of right to livelihood and other matters relating to Fr. Pallath J. Joseph Request for Inquiry.

Dear Rev. Fr. General,

This open letter is to raise some concern from a moral and human rights point of view regarding all the episodes relating to the case of Fr. Pallath J. Joseph, of which you are aware. While it is not our intention to interfere with the affairs of your order, there are matters of public interest about which many persons including our commission is quite concerned. They are as follows;

1. Physical assault of Fr. Pallath J. Joseph by two members of your order, together with several other hired thugs
2. The throwing of the body of Fr. Pallath over the wall of Jesuit premises and onto the road while he was in an unconscious or semi-conscious state
3. Slander of Fr. Pallath by some members of your order using a gutter magazine called 'Crime Star'
4. Filing of fabricated criminal complaints against Fr. Pallath with the view to get him arrested as a way to prevent him from entering a Jesuit house.
5. The failure of the Jesuit Superiors to respect an agreement entered into between Fr. Pallath and the Jesuits in Kerela with the mediation of the Bishop of Calicut.
6. Failure to provide for the livelihood of Fr. Pallath after 33 years of service.

The details about these matters are repeated here (though it is quite clear your are aware of these) due to the fact you have not taken any action on these matters;

1. Physical Assault on Fr. Pallath J. Joseph by two members of your order, together with several other hired thugs

A picture of the place where the assault took place is attached herewith. It must be a familiar sight to you.

Details of the assault, provided by Fr. Pallath, are as follows

At around 10.45 am [Of 16 October 2001], about 15 thugs came to my door with the Jesuit fathers and Adv. T.A.Joseph who was giving instructions. Frs. Joseph Kelleppilly and Abraham Pallivathukal got into my room and shouted at me to clear out from the room using abusive language. Fr. Pallivathukal also did the same and they started throwing away my belongings, my clothes, books, newspaper etc. Meanwhile the advocate ordered the thugs to get holds of me and throw me out. They pounced on me. lifted and threw me out of the room. On getting up I tried to get into the room to protect myself and to phone up. There upon Fr. Kalleppilly hit on my face and pushed me and I fell down on the courtyard. Fr. Vadakkel also said some abusive words. While the thugs were tackling me under the leadership of Fr. Kalleppilly and Fr. Abraham, the others went up to Provincial's Conference room for the Samskriti general body meeting.

In the courtyard I tried to dodge the thugs and resisted a little bit. They once again pounced on me and hit me, at this point I went into a daze.

Details of the assault given by another Jesuit in a letter to his superior is as follows:

Dear Father Provincial,

As I was in the Provincial's conference room on 16th October, Monday, around 10.30am, attending the General Body Meeting of Sanskrutti, I have heard the sound of a quarrel; beating, shouting and screaming and then seen a person being carried out of our parlour room below the conference room, by a group of people guided by Fr. Abraham Pallivathukkal and Fr. Joseph Kalleppallil. I also noticed that some of the participants of the meeting attending to the same trouble and some of them going in and out of the meeting. Immediately after the meeting I made sure that the person being carried out was Fr. P.J. Joseph.

The advocate of Fr. P.J. Joseph has included me among the witnesses in court case. But I have a problem here; as a witness when I say what I have heard and seen it will be against my superiors, and if I don't give witness to this truth, I'll have serious problem with my conscience. So you please instruct me in this matter, today itself, so that I can act accordingly.

Yours faithfully,

Fr. Shaji George, S.J.

Karathur

19/10/2000

2. The throwing of the body of Fr. Pallath over the wall of Jesuit premises and onto the road while he was in an unconscious or semi-conscious state

The picture of the place he was thrown out to is also attached.

Reference to this by Fr. Pallath is as follows:

When I woke up I was lying on the road outside at the gate and people were standing around me. Mr. Viswan Malaparamba and John Samuel were among them. They first took me to the main roadside to an STD booth. From there they rang up to my friends. Before they arrived, Viswan arranged a taxi car. As I was getting into the car Kairali T.V. crew came and also the Asia net T.V. I was taken to the Medical College Hospital and was there for 5 days.

In the letter quoted above Fr. Shaji George, SJ also refers to witnessing Fr. Pallath being carried out by a number of persons.


3. Slander of Fr. Pallath by some members of your order using a gutter magazine called 'Crime Star'

The cover page of this gutter magazine is attached. It is magazine that carries a nude picture of young girl in front and the web-site on Fr. Pallath excluded exhibition of this magazine due to the nature of this magazine.

In January 2001, Fr. Provincial got published passionately pro-Jesuit and anti-me anonymous article in Kerala's worst gutter magazine called 'Crime Star'. The article contains not only alleged citations from two letters allegedly addressed to me but also precise information including my bio-data kept in the Curia to which others have no access.

That the members (in this case the provincial superior) of a religious order can stoop to such practices must be a matter of serious concern.

4. Filing of fabricated criminal complaints against Fr. Pallath with the view to get him arrested as a way to prevent him from entering a Jesuit house

The details are as follows:

The 'Theft Cases'

The Camera

The Missio Aachen had given Samskriti about seven lakhs rupees to buy a digital video camera for the promotion of traditional wisdom and technology. As Samskriti, at that time, did not have a Foreign Contribution Regulation Act (FCRA) number to receive foreign money, this money was routed, as usual, through the Kerala Jesuit Society, the parent organization of Samskriti.. So the bills and vouchers were made in the name of Kerala Jesuit Society, the legal holder. When the project was presented to Missio, it was understood that the camera would be used in network with laymen initiatives. Accordingly, the camera was given for use to a layman who is an expert in handling the camera with definite terms and conditions written in a stamp paper. It was done during the time of my transfer from Samskriti. These things were discussed and settled in the presence of the Provincial, the Consultors and the present director on 30th January 2000. After my dismissal on 28th April 2000, in order to embarrass me, they filed the case saying that I dishonestly kept the camera in my custody without the knowledge and consent of the present director and is an offense punishable under Indian Penal Code. Rev. Fr. Jose Thaiparambil S.J. the treasure, filed the case before the Inspector General of Police, Kozhikode, Crime. No.337/2000 under sections 406,464,471.r/w section 34 of Indian penal code.

Telephone

After installing a new phone, I have signed the document as the director of Samskriti for shifting a phone of Samskriti to another place. According to the constitution of Samskriti, the director has the power to do it. The Provincial also allowed me to take decisions on matters that come below fifty thousand rupees. My successor, Rev. Fr. E.J. Thomas S.J. on Fr. Provincial's behest filed a case before the same Police officer, Crime. No.337/2000 under sections 406,464,471 r/w section 34 of Indian penal code. Under these sections I can be punished for three years of imprisonment or fine or both. Section under 406 is also non-bailable. These cases were reported in the local news papers as theft cases.


5. The failure of the Jesuit Superiors respect an agreement entered into between Fr. Pallath and the Jesuits in Kerela with the mediation of the Bishop of Calicut.

The details of this agreement are as follows.

Followed my forceful eviction from living room, I had under taken a hunger strike to regain entry to my room. At this stage the Bishop of Calicut intervened and settled the matter amicably with an agreement on 28th October 2000.

From the part of the Jesuit authorities the main agreements were (i) Jesuit Provincial gets for me incardination either in Calicut or Kannur dioceses where I worked 25 out of my 33 years as a religious in order facilitate my present work. (ii) to find me accommodation either in a Jesuit house or in a semi-Jesuit house in Malabar region. (iii) to give maintenance till my appeal cases given in the ecclesiastical as well as in the civil courts are heard (iv) to withdraw the false police cases they have filed against me. They did not implement any of the agreements. Even today I am living on the charity of my religious friends.

6. Failure to provide for the livelihood to Fr. Pallath after 33 years of service.

Whatever be the "justification" of dismissal, it is primary duty of any employer, be it a business, government or religious order, to provide for a person who has served a long period of service, which in this case is 33 years. This basic human obligation was ignored and continues to be ignored.


A Strange reply from the Jesuit Order

When all these matters were brought to notice of Jesuit Superiors in in Vatican, by way of letters by several persons, a reply was received from one Fr. Gegory Naik, which reads as follows:

The Superior General of the Society of Jesus in response to a similar query from a news agency in September 2000, stated the following:

"Let me assure you that Fr Pallathu Joseph has been legitimately dismissed from the Society of Jesus, for actions and patterns of behaviour incompatible with the Jesuit Constitutions. The reasons for his dismissal have been communicated to him in writing. You surely do not expect Jesuit superiors to discuss with the press the personal conduct of Fr Joseph, because he has the right to have his privacy respected, even if he chooses to go public."

Gregory Naik, S.J.
Secretary, South Asia Assistancy
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Curia Generalizia S.J. ,Borgo S. Spirito 4, C.P. 6139,00193, Roma-Prati
ITALIA



Our request to you:

We urge you to make an open inquiry into the incidents narrated above. We further urged you to take action against all culprits of your order found to be responsible after such an inquiry; and to take appropriate action to correct the wrongs done to Fr. Pallath J. Joseph. We consider this as a moral duty on your part.

Thank you

Sincerely yours



Basil Fernando
Executive Director
Asian Human Rights Commission

P.S. Kindly note all relevant materials about this case are found in the web-site jjpallath.ahrchk.net

Attached: photographs referred to above (1 page).


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Please contact the Urgent Appeals coordinator if you require more
information or wish to report human rights violations.
===========================================================
AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 - 16B Argyle Street, Kowloon, HONGKONG
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
E-mail: ua@ahrchk.org




*** Please send a copy of your letter to AHRC Urgent Appeals:
Email:
Fax: +(852) - 26986367

Please contact the Urgent Appeals coordinator if you require more
information or wish to report human rights violations.
===========================================================
AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 - 16B Argyle Street, Kowloon, HONGKONG
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
E-mail: ua@ahrchk.org

Please contact the AHRC Urgent Appeals Coordinator if you require
further information or to make requests for further appeals.

Document Type :
Urgent Appeal Update
Document ID :
UP-06-2001
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.