A 14-Year Struggle for Justice for Torture Victims Still Continues the Story of People’S Watch, India
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A 14-Year Struggle for Justice for Torture Victims Still Continues The story of People’s Watch, India By Henri Tiphagne, Mathew Jacob and Almost as soon as the JSTF was Shivani Lal constituted, instances of state sponsored terror, torture, enforced disappearances, In 1993, the Governments of Tamil Nadu extra-judicial killings and other forms and Karnataka set up a Joint Special of human rights violations were Task Force (JSTF) to capture Veerappan, being observed, inflicted by the JSTF a dacoit who used to operate over a personnel on the poor and largely stretch of 6,000 sq. km of mountainous illiterate people who inhabited the landscape covering the borders of Tamil region’s villages – places like Hanur, Nadu, Karnataka and Kerala in Southern Nallur, Santhanapalayam, M M Hills, India. A series of bombings and attacks Mettur and Chinnappallam – and by Veerappan’s gang in 1993, that left worked as agricultural labourers. 22 people dead including five police Under the disguise of investigating and personnel of Tamil Nadu Police, was the interrogating villagers to nab Veerappan, reason for the constitution of the JSTF the JSTF systematically intimidate and by the administration. By the time of tortured the villagers, alleging them his death, in an encounter executed by to have been supporting and aiding JSTF, he was alleged to have killed 124 Veerappan. JSTF personnel justified persons, poached 200 elephants for their their illegal detention and questioning ivory (estimated worth $ 2.6 million), and of these villagers by saying that smuggled 10,000 tonnes of sandalwood they belonged to the same caste as (estimated worth $ 22 million). Veerappan. At the same time Veerappan was allegedly not sparing the lives of The events that unfolded thereafter, those assisting the police investigations led to gross human rights violations against him either. Innocent villagers of innocent civilians over the decade were in this way caught between the long hunt and eventual encounter of JSTF and the forest brigand. Veerappan in 2004, under suspicious circumstances at the hands of JSTF. This Brutal abuse was inflicted by JSTF case paints a contrasting picture of one personnel, including fake encounters, of the many struggles won by the human disappearances, custodial rapes and rights movement, where justice was deaths, torture by electric shocks, delivered in India, through a flawed and unlawful imprisonment and wilful insensitive administration. The apathetic deprivation of food and water, leaving attitude and ignorance of the system many of the villagers highly traumatised, came forth during this struggle. with a very large number of them even Caught in the middle turning mentally ill. 221 Over the period between 1993 and 1996, provided the necessary accompaniment around 50 persons disappeared without to the marginalised and excluded, who a trace. Others testified to severe forms sought justice but struggled on their of torture, including being hung from own. Civil society was required to bridge the ceilings upside down, while being the gaps where the legal system fell interrogated and even being urinated short or out right failed to deliver on its upon. In some cases, they were brutally responsibilities. beaten and had chili powder rubbed on their wounds. Female victims were By 1998-1999, NGOs and numerous reportedly gang raped continuously human rights defenders (HRDs) began to for several days, and were refused write complaints to the NHRC regarding treatment by the local hospital for being the abuse and torture faced by the branded as Veerappan supporters. villagers in the JSTF operation region. The complaints were filed on behalf Failed by the system of the villagers, who were detained illegally, without any specific charges The blatant human rights violations and and were languishing in Mysore Central sufferings of the villagers were only Jail without trial for over six years. reported in the media for the first time Complaints were also filed on behalf of in 1997-1998. Who could the villagers 50 men and 12 women, arrested under turn to when the police refused to even various provisions of the former Terrorist register First Information Reports (FIR)? and Disruptive Activities (Prevention) Act The public system had completely (TADA). The NGOs and HRDs urged broken down in the region, there were the NHRC to intervene, under Section no roads, schools, courts, hospitals 12 (b) of the Protection of Human Rights or even post offices. When the newly Act 1993, and to take the matter to the established National Human Rights Supreme Court. Commission (NHRC) was supposed to step in, it failed to take cognisance of The Campaign for Relief and the issue under Suo Motu action (motion Rehabilitation taken by NHRC on its own rather than on a complaint being filed). Did the system In early 1999, six NGOs from Karnataka believe in providing justice to victims and and Tamil Nadu – People’s Watch, the witnesses? Or did the NHRC, a statutory Society for Community Organisation body, believe in keeping silent and Trust (SOCO Trust), the Tribal providing impunity to the perpetrators? Association of Tamil Nadu, the People’s It cannot be said for sure. But the Union for Civil Liberties (PUCL) of persistent apathy definitely led to many Karnataka and Tamil Nadu, South India more killings and disappearances, while Cell for Human Rights Education and those who survived lived without dignity. Monitoring (SICHREM), and the Human Rights Cell of the Indian Social Institute Civil society organisations (CSOs) and – formed ‘the Campaign for Relief and non-governmental organisations (NGOs) Rehabilitation of TADA detenues from M 222 M Hills in Karnataka and Tamil Nadu’. and connivance against them, a large number of journalists, lawyers, political The campaign began to comprehensively leaders, victims and their families, document cases of violations through HRDs and regular people attended visiting and conducting fact finding the demonstrations and conference in missions in affected villages of the Salem. region, and recording videos of testimonies from victims. People’s Watch Two-Member Panel of Enquiry lawyers prepared about 250 written affidavits, translated these into English, The NHRC, after a series of struggles and then classified them in various and advocacy by civil society, decided to categories according to the nature of form a ‘Two-Member Panel of Enquiry’ violation perpetrated. With this evidence, to examine the cases and submit the campaign approached the NHRC yet recommendations to the commission again to take action. on necessary or urgent actions to be carried out. On 28 June 1999, the The campaign had now set out to build commission ordered for the panel to be a movement driven by the citizens to set up, and appointed Former High Court pressure the NHRC to take action. judge A J Sadasiva as Chairman, with The strategy was to document cases C V Narasimhan, former director of the and evidence, along with organising Central Bureau of Investigation, assisting marches, protests, demonstrations and as the second member. conferences. Victims and witnesses were at the forefront of this movement. On 23 August 1999, a speedy legal Political parties extended a helping hand intervention was sought from the and local media was engaged to support Chairperson of the NHRC under Section as well. 12 (b) of the Protection of Human Rights Act 1993, with regard to the persons The campaign did receive its share of languishing in Mysore Central Prison intimidation and harassment by the for periods ranging from four to six police and JSTF personnel in this period. years under TADA. The communication Intelligence officers stood outside the pointed out that the human rights halls, while victims testified, recording violations arising out of legislation like the names of participants and taping TADA had already been commented public statements. In April 1999, three upon by NHRC. Up until then, the days before a conference in Salem Sadashiva Panel, seemed to only have district, a local police inspector arrested existed on paper. Even after all this, the four of the organisers from their homes in enquiry panel only fully commenced its the middle of the night. operations in January 2000. In spite of the threats and intimidations The panel held its first two sittings in executed by the JSTF in retaliation January and March 2000, but it refused to the campaign, branding it as fake to acknowledge cases of encounter 223 killings which were filed by the campaign tangible evidence. For the Sadasiva with the Tamil Nadu State Human Rights Panel, the TADA ruling destroyed the Commission. The panel justified, on JSTF’s credibility, and bolstered victims’ technical grounds, that they were not allegations that they had been taken mandated to work on them. Thus, the into custody on a much earlier date than mandate of the panel excluded the mentioned in their records, kept in illegal instances of the most heinous offences custody for a long period where they from its jurisdiction on the basis of were subjected to humiliating treatment disingenuous technicalities. and torture, and later produced in court on false charges under TADA, merely to Right before the panel was about to legitimate their arrest. constitute its third hearing, Mysore Central Jail filed a writ petition in The Sadasiva Panel did not take any Karnataka High Court seeking a stay action, let alone hold hearings, for on panel proceedings, questioning another 20 months. The panel finally its jurisdiction. Quite evidently, these held its third sitting on 6-8 March 2002 were tactics used by the administration at the M.M. Hills in Karnataka, when the to create unnecessary delays and pending writ petition was dismissed by obstacles for the NHRC, as well as for the court. The panel thereafter devoted the campaign. Hence the third sitting was at least five sittings to depositions delayed further.