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UPDATE (INDIA): Priests and Nuns in Kerala Demonstrate in Support of Fr. Pallath despite Pressure from Local Jesuit Authorities

June 5, 2002

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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Update on Urgent Appeal 6 June 2002
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UP-35-2002 (RE: UA/16/2002 - Support Fr. Pallath's hunger strike for justice - 06 May 2002)
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UPDATE (INDIA): Priests and Nuns in Kerala Demonstrate in Support of Fr. Pallath despite Pressure from Local Jesuit Authorities
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Dear Friends,
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The following is a copy of a letter sent by Basil Fernando, executive director of the Asian Human Rights Commission (AHRC), to the Jesuit superior general in Rome, the Rev. Fr. Peter-Hans Kolvenbach, and updated news about Fr. Pallath's hunger strike.
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Meanwhile, for your action, we are sending you the following suggested letter to be sent to your local Jesuit houses. We urge you once again to take URGENT ACTION TO HOLD PROTESTS IN FRONT OF THE JESUIT HOUSES in your part of the world.
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Thank you.
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Urgent Appeals Desk
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Asian Human Rights Commission
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June 6, 2002
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Rev. Fr. Peter-Hans Kolvenbach
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Superior General
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Curia Generalize
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Compagnia di Gesu
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C.P. 6139
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00195 Roma Prati, ITALY
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FAX: 39-06-686-8214
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Dear Rev. Fr. General,
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You Stand Accused. Will You Respond with Integrity?
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A senior Jesuit priest, Fr. Joseph Kottukapilly, who is quite well known to you, has made the following statement openly and publicly about the handing of Fr. Pallath's case by his fellow Jesuits:
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&quot;For the last two years, my superiors have been perpetrating the most unjust forms of torture on a member of our own society. I have been, in the very same period, utilising my knowledge and expertise in the Jesuit constitution and procedures and in the canon law to see even a modicum of justice in the manner in which my Society is dealing with Fr. Pallath. In Fr. Pallath's dismissal from the Society of Jesus, in physically throwing him out of Christ Hall without provisioning for his livelihood and now in forcing him into a hunger strike that is fast reaching a stage when his life may be lost forever, I see a gross violation of the principles of natural justice, of basic human rights, of the prescriptions of canon law and of the Jesuit constitution itself.&quot;
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If it is your view that Fr. Kottukapilly is accusing you and other &quot;superiors&quot; of collaborating with you falsely, then you must act decisively and take action against him. If you do not, it means that you know that his accusations are just. In that case, you owe to yourself and others to act with integrity and to have the courage to correct the wrongs that have taken place for far too long. We urge you to do the right thing.
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On the 27th day of his hunger strike, Fr. Pallath is posing the most serious challenge to you of your life. Pray, do act and prove that the Christian sprit of repentance and reconciliation is still alive.
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The full text of Fr. Kottukapilly's press conference is provided below. Thank you once again for your consideration of this urgently important matter.
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Sincerely,
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Fr. Kottukappilly's Press Statement
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I address this press conference, in the throes of agony, springing from a mental conflict, the like of which I have not experienced in the 48 years of my life as a Jesuit. I am forced to confront through this public intervention, the hunger strike of Fr. P.J. Joseph with the responsibility inherent in the dignity of catholic priesthood and my Jesuit calling. I have been obligated by Jesus Christ and the society of Jesus to take an uncompromising stand in matters of Justice.
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For the last two years my superiors have been perpetrating the most unjust forms of torture on a member of our own society. I have been, in the very same period, utilising my knowledge and expertise in the Jesuit constitution and procedures and in the canon law to see even a modicum of Justice in the manner in which my Society is dealing with Fr. Pallath. In Fr. Pallath's dismissal from the society of Jesus, in physically throwing him out of Christ hall without provisioning for his livelihood, and now in forcing him in to a hunger strike that is fast reaching a stage when his life may be lost forever, I see a gross violation of the principles of natural justice, of basic human rights, of the prescriptions of canon law and of the Jesuit constitution itself.
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Maintaining silence in this matter any more, I believe, will be a crime against my Jesuit calling and mission. I will be discarding the principles and values of Jesuit life itself through that silence.
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My stand is primarily and basically not for Fr. Pallath. It is for the sake of the Society of Jesus - the very basis of my existence. Against the touchstone of an ordinary man's sense of justice, uprightness and commitment to human rights, the testimony that we are providing in the matter of Fr. Pallath is a negation of our Jesuit calling and Christian spirit. When Fr. Pallath is denied Justice, the party that fails is the Society of Jesus, more than Fr. Pallath. It is to avoid that failure of the Jesuit society that I dare raise my voice seeking Justice for Fr. Pallath, prompted, I repeat, by my Jesuit calling and Christian faith.
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Authorities and power structures will come and go. But the Jesuit society anchored on the ideals and spirit of Jesus Christ should remain. It is in the pursuit of this cause that I am willing to be crucified.
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Not just on my behalf, but on behalf of several other Jesuits who silently share my pain and anguish, I beg and plead of my Jesuit Superiors: Even if nothing else, until a permanent solution is found to this issue, my Fr. Provincial should at least provision for his livelihood a monthly sum that was agreed to in the agreement signed by either parties in October 2000 and save Fr. Pallath's life.
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Fr. Joseph Kottukapilly S.J
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SUGGESTED LETTER TO THE LOCAL JESUIT HOUSES IN YOUR COUNTRY
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I am writing this letter to request your intervention with your superior general in Rome and the Jesuit superiors in Kerala in India to enter into negotiations with Fr. Pallath J. Joseph, who is requesting an impartial inquiry into his dismissal from the order after 35 years of being a member of the Society of Jesus and into the physical abuse that he has suffered, a slander campaign against him and other wrongs done to him. Details about this case were given to your predecessor more than one year ago. The attached two press releases - one from AHRC and the other from a senior Jesuit in Kerala - provide all of the necessary information. For further details, please see the web site we have created on this issue at http://jjpallath.ahrchk.net/
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In our view, at a moment like this when the life of a person is at stake, to maintain silence amounts to connivance with the wrongs that have been done. We, therefore, once again urge you to make an intervention on this issue.
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Thank you for considering our request in this important matter.
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UPDATE
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Priests and Nuns Ignore Jesuit Pressure - Rally in Support of Fr. Pallath
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As the hunger strike by Dr. J. J. Pallath entered the critical 25th day yesterday, scores of priests and religious have decided to rally in support of the cause he is espousing. While intense pressure is being exerted by the Jesuit superiors of Kerala to dissuade priests and nuns from coming out in support of Fr. Pallath, the inhuman and unfair treatment that the Jesuit authorities are meting out to Fr. Pallath is becoming all too obvious for the impartial segments of the Catholic priests and nuns. While the statement from none other than a Jesuit stalwart, Fr. Kottukapilly, condemning the attitude of the Jesuits, has been a morale booster to several till now silent supporters of Fr. Pallath, what has blown open the lid of simmering protests is the utter insensitivity of the Jesuits to the plight of a fellow Jesuit whose life is in grave danger at the moment. The &quot;Let Him Die, We Won't Budge&quot; refrain from the Jesuits has rudely shaken them out of their complacency.
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In a solidarity sit in organised in the city square yesterday several priests and nuns boldly marked their attendance, participated with fervour, made explicit their sense of outrage against what is unfolding before them. The priest and religious contingent at the sit in was led by Fr. George Pulikuthiyil, CMI, Fr. Mani Parambet - CST, and Sr. Patricia Kuruvinakkunnel. Fr. John Kavalakkatt, Sr. Annie Punnoose, Fr. Jose Chittilippally, Fr. George Thathrathil, Fr. Johnson Ainikkal, Fr. Jacob Thacharatt, Fr. Paul Kattokkaren, Fr. Thomas Chettani and Fr. Joseph Memana addressed the participants of the sit-in. Towards afternoon none other than the Catholic Priests Conference of India's (CPCI) all India President Fr. Thomas Joseph Therakam joined the sit in. In his special address on the occasion, he not only expressed his and the CPCI's unequivocal support for Fr. Pallath's struggle but warned the Jesuit authorities that if they do not immediately relent to end the hunger strike by fulfilling at least the obligations committed in the agreements signed with Fr. Pallath, they would have the blood of an innocent priest on their hands.
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Several cultural and social organisations too expressed their support for Fr. Pallath's struggle, among whom are the People's Science movement representatives, the Yuvajanavedi, The Progressive writers front, The Yuva Kala Sahithi, Lohia Vichar Vedi, People's Union for Civil Liberties, etc.
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Fr. Pallath's Condition Weakens
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As his hunger strike entered the 26th day today, Fr. Pallath's condition has further weakened. Doctors who are now examining him now twice a day have reported that things can go out of hand and asked for constant vigil. The doctor requisitioned by the Police too have reported that his health condition is serious. Amidst growing concern about his health, speculation is rife about an impending police action by which he would be arrested and forcibly shifted to hospital. Fr. Pallath on his part has reiterated that he would resist arrest and the shift to hospital. If his resistance is broken through use of force, he will continue the hunger strike in the hospital too, he emphasized.
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Document Type :
Urgent Appeal Update
Document ID :
UP-35-2002
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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.