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UPDATE (India): Further threats made to the wife of a victim allegedly killed by the police

September 22, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Update on Urgent Appeal
23 September 2005

[UA-163-2005: INDIA: West Bengal police beat man to death then threaten local population]
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UP-112-2005: INDIA: Further threats made to the wife of a victim allegedly killed by the police

INDIA: Intimidation and threats; political interference; protection issues
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Dear friends,

The Asian Human Rights Commission (AHRC) wrote to you on 20 September 2005 detailing the police beating of Mr. Chheparuddin Mondal, which led to his death. We also commented that the police had threatened the victim’s wife and the local population not to lodge a complaint against this matter. (For further details please see UA-163-2005).

Further to this, the AHRC have learned today from our local partner organization Manabadhikar Suraksha Mancha (MASUM) that threats have once again been made to the victim’s wife, Ferdousi Biwi, as well as her two daughters and son. The latest threat however, comes not from the police but from the local leader of the Communist Party of India Marxist (CPIM), Mr. Sajidur Rahman who is an elected pamjayaph member. Mr. Rahman threatened Ferdousi that she was not to make any further statements to the police regarding her husband’s death and that she was to cooperate with him on this matter.

The threatening of Ferdousi is entirely unacceptable and must be remedied without delay. Those with the authority to do so must intervene immediately to bring such threats to a halt and ensure that no further ones take place. Ferdousi must be free to pursue justice for her husband’s murder without fear of retribution for her efforts. Mr. Rahman’s alleged threats must be properly investigated and if it is found that they did indeed occur, then he must be charged and brought before a court of law for his behaviour.

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Sample letter:

Dear Mr. Bhattacharjee

INDIA: Further threats made to the wife of a victim allegedly killed by the police

I write to voice my anger that a woman, whose husband was allegedly killed by the police less than one week ago, is now facing threats to both her and her children simply for pursuing justice for this crime. Ferdousi Biwi, the wife of Chheparuddin Mondal who was allegedly beaten to death by police during routine inquiries on 18 September 2005, has received serious threats by the local leader of the Communist Party of India Marxist (CPIM), Mr. Sajidur Rahman who is an elected pamjayaph member. Mr. Rahman threatened Ferdousi that she was not to make any further statements to the police regarding her husband’s death and that she was to cooperate with him on this matter.

Such threats follow previous ones made against Ferdousi and persons from her local village by the police in the initial days following her husband’s death. In the pursuit of justice for her husband, Ferdousi is now facing serious consequences herself.
This situation is entirely unacceptable and must be remedied without delay. I request you to use your full authority as the Chief Minister of the Government of West Bengal to ensure that such threats are stopped and that no further ones are made. Ferdousi must be free to pursue justice for her husband’s murder without fear of retribution for her efforts. Mr. Rahman’s alleged threats must be properly investigated and if it is found that they did indeed occur, then he must be charged and brought before a court of law for his behaviour.

I trust that your immediate action will be taken into this incident.

Yours sincerely,

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PLEASE SEND TO:

Mr. Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480 / 2214 1341
Email: cm@wb.gov.in , cm@writerscal.gov.in  

PLEASE SEND COPIES TO:

1. Mr. Subhas Awasthi
Director 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 

2. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata - 700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

3. Mr. Philip Alston
Special Rapporteur on Extra Judicial and arbitrary Executions
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-112-2005
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.