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[1] CHRO posts (1-5) From: "CHROkeralam" <chro1@rediffmail.com> Date: Tue Jul 26, 2005 Subject: Amnesty On Fatal Shooting At London chro2003 News Release Issued by the International Secretariat of Amnesty International AI Index: EUR 45/027/2005 25 July 2005 UK: Full circumstances into fatal shooting must be investigated Amnesty International is concerned about the incident on 22 July 2005 in which plainclothes officers shot dead Jean Charles de Menezes, a Brazilian national who had been working in the UK for the last three years. Initial police statements stated that he was a suspect linked to the bombing incidents which have taken place in London, since over 50 people were killed in coordinated attacks on 7 July. However, on 24 July the Chief Commissioner of the Metropolitan Police stated categorically that Jean Charles de Menezes had no involvement in any suspicious activities, and that he had been shot dead as a result of a mistake. Initial eyewitness accounts indicated that Jean Charles de Menezes was shot five times in the head at point blank range after having been pushed to the ground. Amnesty International expresses its deepest sympathy to the family and friends on his tragic death. The Independent Police Complaints Commission has begun its investigation into the circumstances of the shooting, which Amnesty International recognizes took place against a background of heightened security. Amnesty International will be monitoring the progress of the investigation. The organization urges the investigation to examine the full circumstances leading up to the shooting, including what the terms of the current rules of engagement are, including the policy which permits officers to "shoot to kill", i.e. to shoot in the head, suspects believed to be suicide bombers, reportedly codenamed Operation Kratos; how the operation was planned; how the police officers were briefed and what orders they were given; whether a senior officer was contacted before action was taken; whether a sufficient warning was given; and whether the action taken by the officers was fully in compliance with international human rights standards concerning the use of force in the context of law enforcement. In particular, the organization urges that there be full public scrutiny of the actions of state agents and agencies involved, including the Metropolitan Police and the security services, so as to ascertain fully whether the killing of Jean Charles de Menezes was lawful. The inquiry must be prompt, thorough, independent and impartial and must comply with relevant international standards, including the UN Principles on the Effective Prevention and Investigation of Extra-legal, Summary or Arbitrary Executions, as well as with the relevant case-law of the European Court of Human Rights under Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms enshrining the right to life. Specifically, the investigation should consider whether the force used was no more than absolutely necessary and a proportionate response in the circumstances. There must be full public accountability for the actions of the state and lessons have to be learnt to prevent another such incident. View all documents on the UK http://amnesty-news.c.topica.com/maadMIbabiUM1bfEPEmb ----------------------------------------------------------------------- [2] NPMHR, July 25, 2005, Monday NPMHR decries the continued Imposition of martial law on the Nagas July 25, 2005, Dimapur: The Naga Peoples Movement for Human Rights issue this statement condemning the Government of India's hypocritical attitude towards the Indo-Naga political process by once again unilaterally imposing the ??Disturbed Areas Act" (DAA) allowing its occupational army to create havoc in the Naga homeland through the ??use of extra-ordinary force" under its ??sanctified" Armed Forces Special Powers Act (AFSPA). The state Government of Nagaland has also recommended the centre for non-extension of the DAA expressing the desire of the people. The Naga civil society organisations has time and again vehemently reiterated that the AFSPA should be repealed all together because it is violative of the ??fundamental rights to life, liberty, equality, freedom of speech and expression, assemble peacefully, move freely, practice any profession, protection against arbitrary arrest and freedom of religion enshrined in Articles 21, 14, 19, 22 and 25 respectively of the Constitution of India besides breaching all major international covenants to which India is a signatory. The continuation of ??impunity ' and ??arbitrary excesses' committed under this draconian legislation has marred the non-violent image of India questioning her democratic credence. The many decades' experiences of living under the Indian state militarization have caused immense damage to the socio-economic, cultural and spiritual fabric of the Naga society. The perpetuation of this unjust system has divided the Naga homeland pushing the Nagas further into the cauldron of unending bloodbath today perpetuated by vested interests. The Indian Government should explain to the people why a greenhorn Major identified as a certain Major Pushpender Mishra of the Indian Army (17th AR) tried to deliberately ignore and shield the errant army driver, whose near attempts on the life of the Chief Minister of Nagaland state Mr. Neiphiu Rio through reckless driving creating a public menace on the 18th July 2005 near Zubza, dishonouring the Indian national flag and exhibiting disrespect to a popularly elected state leader. The Indian Army should retrospect on their roles in Naga homeland where they are openly flouting the so called 'Ten Commandments" given by the Army Headquarters under the direction of Chief of Army Staff which in all ways diminishes their assertion as one of the most disciplined Army around the world. The blunt fact about the Indian Army is that no matter what it tries to do to clear its evil design, it cannot dispel its inherent attitude of an occupational force even though they try their most to ??win the hearts and minds" of the people through their divisive psychological warfare programmes. The recent molestation and brutalization of 24 women under the pretext of checking ??contraband trafficking" in Koide by Indian Army (4 AR) which led to the hospitalization of many women in Senapati on 23rd July 2005 is a glaring instance of intrusion of military apparatus into the basic civilian sphere acting like marauder in lieu of providing security to the defenseless women. All such instances of willful violations could not have taken place unless for the deliberate imposition of the violent structure in the form of Armed Forces Special Powers Act by the Government of India. When the government of India has often times spelled out officially that military option is over, why the continuance of ??Disturbed Areas Act"? A sustainable environment for peace and justice cannot emerge if the military structures such as the Disturbed Areas Act and AFSPA which promotes violence co-exist side by side with New Delhi's commitment to a lasting peace. Above all the recent comments of the Union Home minister Shivraj Patil indicating the incorporation of the ??use of air cover for evacuating injured personnel and if necessary, for operation purposes" in the region is a veiled threat which has to be taken seriously by the Nagas. The intensification of militarization in the Naga homeland in the post cease-fire period is very ominous to general public observing the ongoing political process between the Nagas and the Indian state. The adding of air power for instances such as the use of helicopter gunship or fighter planes for carpet bombing in many battlefronts around the world are indications of threat to use more force on a defenseless population. If Government of India is genuine with its peace initiatives, all existing structures of violence should be dismantled and steer clear of double speak as a process of confidence building measures. The fear of anarchy ??if Nagas are left to themselves" is a reason too much of belittling the Nagas sense of dignity. A ceasefire without a sincere commitment to find a long lasting political solution becomes meaningless. The deep anger and sense of injustice felt by Naga people for the continued denial of their dignity and the basic ??rights to life" cannot be redressed by the threat of violence and enduring dehumanization. Only when the parties in conflict are able to see and understand together the ground realities from which the political dissent continues to permeate, can an amicable understanding emerge which is capable of breaking the cycles of violence and injustice leading towards a lasting settlement which upholds human rights and peace. Nepuni Piku Secretary General NPMHR Secretariat. "Violation of human rights in any part of the world is a threat to the human race as a whole and protection and promotion of human rights anywhere is a concern of all." Naga Peoples Movement for Human Rights PB# 718, II Floor K.N.Sekhose Complex Near Hotel Fira, Jail Colony Kohima 797001 Nagaland Telephone: 91-(0) 370-2229356/2229357 E-mail: npmhr1@... Website: http// www.npmhr.org ----------------------------------------------------- [3] Outlookindia.com/PTI, July 25, 2005, Monday Naga students ready to talk with government on blockade IMPHAL, JULY 25 (PTI): The All Naga Students Association Manipur (ANSAM), which has launched an indefinite 'economic blockade' on National Highway 39 in Senapati district since June 22, has agreed to hold talks with the state government to settle the issue. ANSAM's president Paul Langhu has sent a letter to Chief Minister O Ibobi Singh accepting the government's invitation for talks, sources in the students' body said. Sources said the government should create a conducive atmosphere for the talks and refused to elaborate further. Official sources said the government had received the letter from the ANSAM agreeing to hold talks and added that the government was yet to give them (ANSAM) a reply. They said ANSAM had put some conditions including the holding of talks outside Manipur and added that the government would study the letter carefully before taking any deicion. ANSAM has launched the agitation in protest against government decision to declare June 18 a holiday to observe 'state integrity day. http://www.outlookindia.com/pti_news.asp?id=312612 ----------------------------------------------------------------------- [4] The Hindu, July 26, 2005, Tuesday It is pre-emptive punishment: activist Staff Reporter Charge sheet in serial blasts case ignores key questions, says Kannabiran COIMBATORE: Detention in judicial custody for over seven years of the 167 al-Umma undertrials, arrested in the Coimbatore serial blasts case, was nothing but a proxy to punishment, K.G. Kannabiran, chairman, People's Union for Civil Liberties, said here on Monday. He was addressing presspersons along with State Brief Defence Counsel B. Bhavani Mohan and P. Thirumalairajan appearing for the undertrials. Mr. Kannabiran claimed that the "pre-emptive punishment before the completion of trial" ignored the basic tenets of the criminal justice system and the ideals of jurisprudence and constitutional obligations. The charge sheet ??” which said that the blasts of February 14, 1998 were a consequence of the killing of 19 Muslim youths in the violence that followed the murder of traffic constable Selvaraj on November 29, 1997 ??” did not throw light on what the State Government and the prosecuting agency had done to arrest those responsible for killing the Muslim youths. The State should invoke the law against those who killed the 19 youths as the prosecution contended that the killings were the cause of the serial blasts. The State was "silent" on this. Mr. Kannabiran objected to reports that a number of undertrials were not represented legally. He expressed concern over the "denial of permission" to the defence for cross-examination of some witnesses. The denial of bail to the undertrials for offences under the Indian Penal Code and other ordinary legislation based on the objection of the prosecution raised the question on the demand for special legislation such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorists Act (POTA). PUCL counsel would appear for the undertrials to ensure that justice was done and trial procedures were in tune with the criminal justice system. http://www.hindu.com/2005/07/26/stories/2005072617020500.htm ---------------------------------------------------- [5] NHRC, July 25, 2005, Monday Killing of 3 boys by Security Forces in J & K, NHRC seeks report New Delhi, 25 July 2005: The National Human Right Commission has taken suo-motu cognizance of media reports of the recent killing of three boys by security forces in Kupwara District of Jammu & Kashmir. It has asked the Secretary, Ministry of Defence, Government of India to send a factual report on the incident to the Commission within two weeks. The print and electronic media dated 25 July 2005 carried reports of the killing of three innocent minor boys and of a fourth being seriously injured in a shoot out allegedly by security forces in village Bagargund, District Kupwara in North Kashmir on the night of intervening 23 and 24 July 2005. According to the media reports, the 4 young innocent boys namely Bilal Ahmed Shah, Waseem Ahmed Wani, Shabir Ahmed Shah and Manzoor Ahmed Shah aged between 12 and 15 years were returning from a marriage party and without waiting for a response from the children to the challenge given by the security forces they were shot at and fell victim to the shoot out by the security forces. The media reported that the security forces have admitted to it being a case of "mistaken identity". It quoted the spokesman of the security forces as saying that since District Kupwara is a terrorist infected area, the security forces "suspected" the four minors to be terrorists and shot at them. Reacting to the media reports of the incident, the Commission taking a serious view of the matter stated today that it has always maintained and reiterates that "Right to life" is of crucial significance for every person, every group of people, every class, every nation and as a matter of fact for all humanity. No person who supports human rights can support terrorism, which is a grave violation of human rights. The Commission, however, has always maintained that while terrorism is a clear danger to the world today, it being the most vicious, irrational and senseless kind of violence and, therefore, the war against terrorism has to be fought relentlessly, but that there is no conflict between respect for human rights and combating terrorism. International Humanitarian Law is a part of human rights law applicable even in armed conflicts. Action of the State must be guided by human rights principles, which strike a balance between the enjoyment of freedom and the legitimate concerns for national security. It is necessary for the State and the agencies to strike the balance between the liberty of an individual and the requirements of security of state and sovereignty and integrity of the nation. A proper balance between the need and the remedy require respect for the principles of necessity and proportionality. Since fundamental rationale for anti-terrorism measure has to be to protect human rights and democracy, counter terrorism measures should, therefore, not undermine democratic values, violate human rights and subvert the rule of a law or chill civil liberties of the citizens. The battle against terrorism needs to be carried out in keeping with the international human rights obligations and the basic tenets of the rule of law. National Human Rights Commission Faridkot House Copernicus Marg New Delhi-110001 Tel.No. 23382742 Fax No. 23384863 E-Mail: covdnhrc@..., ionhrc@... http://nhrc.nic.in/dispArchive.asp?fno=1017 Confederation of Human Rights Organizations (CHRO) 3, Rams' Cottage Ambalathumukku Pettah Thiruvananthapuram-695024 Kerala South India Ph.: 0471-2476262 www.humanrightsindia.com www.humanrightskerala.com =========================================== ----------------------------------------------------------- INDIA THINKERS NET quote "No man survives when freedom fails, The best men rot in filthy jails, And those who cry 'appease, appease' are hanged by those they tried to please.": Hiram Mann ---------------------------------------------------------- |
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| << July25, 2005 - [India Thinkers Net]Viji & Yogi posts |
July27, 2005 - [India Thinkers Net]Yogi,ruproy,dnrad etc (posts 6-10) >> |
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