UPDATE : The case of Fr. P.J. Joseph S.J.

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-07-2001
ISSUES:

Dear Friends, 

We are sending you a copy of an second open letter sent today by the Asian Human Rights Commission (AHRC) to the Jesuit Supeior General in Rome regarding Fr. Pallath’s case. 

This letter is also available at: http://jjpallath.ahrchk.net 

Thank you. 

Urgent Appeal Desk 
Asian Human Rights Commission 

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Second Open Letter to Jesuit Superior – First Letter (May 9, 2001) 

( This is second of a series of letters on the issues regarding the treatment of Fr.Pallath J.Joesph Kerala Province of Jesuits- Kerala) 

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

29th 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, 

THE THEME OF THE SECOND OPEN LETTER – THE APPLICATION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS TO MEMBERS OF RELIGIOUS ORDERS 

In the first open letter AHRC raised some concerns 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. 

In this letter we like to draw your attention to your obligations under the United Nations conventions on human rights, which we will try to bring to your attention by reviewing the acts mentioned above from the stand point of Universal Declaration of Human Rights. 

A commitment of person to religious order is a very link that a person makes where the order becomes responsible for his life and well being. The order thus become at the same time the employer and some thing more than the employer. An order is also a person’s family and therefore it has the obligations of a family towards him. Thus both from point of view of employer and the family the order owes many obligations to the person, particularly from the point of view of right to life and other rights. 

Universal Declaration is a land mark in the development of human consciousness on the obligation human beings owe to each other. It established norms negating concepts of slavery and also unfair practices in labour. It also negated the idea that in the name of the family the basic rights of people can be taken way, as very often it happened to women. It paved the way of some common standards of to be established, as common norms of decent treatment among human beings. On such matters what is expected from a religious order is to give example of such treatment and not to do so is to let down is common struggle for a more humane society. 

Another basic notion of the universal declaration is to end cruelty. Particularly Article 5.No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 

Basic also to the Declaration is Article 12. 
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. 

What is most basic to the Declaration is the right to life. Article 3. 
Everyone has the right to life, liberty and security of person. 

As explained by the Convention on Economic , Social and Cultural Rights to life includes the right to work, deprivation of which can not happen arbitrarily and even when it happens it an obligation provide for such person to be able to maintain his livelihood. 

The position of the Universal declaration is that if these rights are respected thwe world will become a babaric place. 

Asian Human Rights Commission urges you to examine the behavior of the Jesuit order in the case of Fr. Pallath J. Joseph in the light of the Universal declaration. 

We still believe that good will prevail and that you will be ensure respect for the Universal Declaration by correcting the violations that have occurred in this case, the details of which are now quite well known 

Thank You very much. 

Sincerely yours, 

Basil Fernando 
Executive Director 
Asian Human Rights Commission 

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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-07-2001
Countries : Sri Lanka,