26th May, 2013
PUCL Condemns Killings of Congress Party leaders, their PSOs and Ordinary Villagers by Maoists
in Dharba Ghati of Sukma District, Chhattisgarh
The PUCL strongly condemns the ambush of a Congress party election cavalcade by the dalam of the CPI(Maoist) party at Dharba Ghati area in Sukma district of Chhattisgarh on Saturday, 25th May, 2013, resulting in the death of 28 people including Congress party leaders, their personal security officers and ordinary villagers of the area. PUCL denounces as totally unacceptable, the abduction, kidnapping and subsequent killing in cold blood of the Congress party President of Chhattisgarh, NK Patel, and his son Dinesh. The Maoists also killed Mahendra Karma, the founder of the dreaded Salwa Judum, and his security guards.
What is particularly reprehensible is the killing of unarmed political workers of the Congress party by over 200 gun wielding members of the Maoist party which ended up killing a number of innocent bystanders also, who accidentally happened to be in the spot. Particularly reprehensible is the fact that armed Maoists cadre also killed people who had surrendered and were in their custody.
It is the PUCL's understanding that under no circumstances can acts of brutality be justified, even if they be in response to equally heinous and brutal acts unleashed by the security forces, as we are seeing presently in Chhattisgarh, as recently as the killing of 8 innocent tribal villagers in Edasmeta village of South Bastar on 17th and 18th May, 2013; or in response to the brutalities committed by the vigilante Salwa Judum founded by the deceased Mahendra Karma.
We equally stress that whatever the circumstances, the security forces must act within the bounds of law. Our apprehension that the present incident will be used by both the Central as also State Governments to launch a brutal counter-offensive engulfing local tribal communities amidst greater state violence springs from the already grim human rights situation that prevails in the area. Complaints abound of state security forces committing with impunity, torture and cruel, inhuman or degrading treatment, secret detentions, abductions, arbitrary, prolonged and incommunicado detention, unfair trials, and enforced disappearances, and worse in the wake of Operation Greenhunt.
A Fact Finding Team of PUCL Chhattisgarh had recently, on 21st May, 2013, released its Report titled, `Guilty until proven Innocent – A Report on Unlawful Police Activities in North Bastar, Chhattisgarh’ which detailed the atrocities committed by the security forces in 2 villages in Chhattisgarh.
While PUCL firmly condemns the violence of the Maoists and acknowledges the constitutional duty and responsibility cast on the Governments to protect the life of all people, PUCL nevertheless asserts that all counter-measures adopted by the Government should adhere strictly to the rule of law, including the core principles of criminal and constitutional law and the specific standards and obligations of international human rights law, and, where applicable, humanitarian law. It should be noted that these principles, standards and obligations, as constantly affirmed by the Supreme Court, define the boundaries of permissible and legitimate State action against extremism and terrorism. It is however very important that the revolting nature of extremist acts cannot serve as a basis or pretext for the Governments to disregard their national and international obligations, in particular in the protection of fundamental human rights. We would like to point out to the caution highlighted by the International Council of Jurists in its Declaration on Upholding Human Rights and the Rule of Law in Combating Terrorism, The Berlin Declaration, 28 August 2004
PUCL would like to point out that it is important to strengthen civil society, not weaken it so as to effectively tackle political violence. An effective strategy to preventing the downward spiral into lives filled with violence, fear and repression is to genuinely acknowledge, respond and respect the key issues faced by tribals and local communities in Chhattisgarh; this will deny the basis for real or imagined grievances from supporting violence. The best way to strengthen democracy is by integrating human rights, equity and social justice considerations into all government policies, plans and programmes.
The spirals of violence and counter-violence in the troubled areas of Jharkhand, Chhattisgarh, Odisha and other states is grim and life threatening. The PUCL, through this appeal, is therefore giving a national call for a `HUMANITARIAN RESPITE’ and appeals to the Central and State Governments, the security forces and also to the Maoists, to agree to an immediate ceasefire, stopping of armed engagements and engage in talks.
Sd/- Sd/-
Prof. Prabhakar Sinha (Dr. V. Suresh)
National President, PUCL National General Secretary, PUCL
FOOT NOTE: Berlin Declaration, 2005
“A pervasive security-oriented discourse promotes the sacrifice of fundamental rights and freedoms in the name of eradicating terrorism. There is no conflict between the duty of States to protect the rights of persons threatened by terrorism and their responsibility to ensure that protecting security does not undermine other rights. On the contrary, safeguarding persons from terrorist acts and respecting human rights both form part of a seamless web of protection incumbent upon the State. Both contemporary human rights and humanitarian law allow States a reasonably wide margin of flexibility to combat terrorism without contravening human rights and humanitarian legal obligations”.PUCL National Office:
270-A, Ground Floor, Patpar Ganj, Mayur Vihar-I, Delhi-110091
Ph. 011-22750014
Website: www.pucl.org
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Politics of Violence and Counter Violence will only Maim Adivasis
NAPM Condemns the Ambush by Maoists in Bastar
Increased Militarisation in the Region would be no Solution
New Delhi : Once again in the ongoing politics of offensive and counter offensive between State and Maoists, adivasis have lost their lives. In an ambush on the convoy carrying Congress leaders, Maoists have reportedly killed 27 people and injured several others including senior Congress leader, V C Shukla. On the intervening night of May 17-18 too eight villagers, including three children, and a personnel of elite CRPF Cobra battalion were killed in a gun-battle near Edasmeta village in southern Chhattisgarh too. Adivasis caught in the armed conflict have been the worst victim of this war of control over resources, territory and sovereignty. That this happened during the Parivartan Yatra, a programme of the Congress Party to reach out to the people, is indeed unfortunate.
National Alliance of People's Movements condemns this ambush leading to loss of precious lives. Life of those in power and leadership are important and so are the lives of common adivasis who are being tortured, jailed and killed by Security forces and Maoists alike. In the ongoing conflict both claim to represent the interests and work for Adivasis but their stance and means has only alienated them and perpetrated injustice on them. Their rights have often been violated resulting in large number of adivasis in jail on false trumped up charges. In the same Durma valley where the attack by Maoists have killed Congress leaders, state administration violated all the existing laws and procedures to facilitate land grab for Tata Steel.
Salwa Judum, an armed Sena of the young and adolescents worsened the scenario. It has been termed as illegal and directed to be disbanded by Supreme Court, but State government responded by making them part of the regular police. Even, as Salwa Judum burnt houses, raped women, maimed and killed adivasis, the State supported it and failed to provide justice to adivasis and continued to brand them as Maoists and their supporters. A democratically elected government in Chattisgarh or at the Centre can't use the dictum of ‘you are with us or against us’. Its allegiance is to the rule of law and its duty is to protect the rights of its citizens.
Even while, politicians across the political spectrum are terming this as an attack on democracy, let us not forget that every time an adivasi is jailed, killed, their houses burnt, women raped and their schools occupied to facilitate resource grab or termed as collateral damage in the 'Operation Green Hunt', democracy is attacked and the faith of citizens in the State's ability to uphold justice and rule of law, shaken. Violence on both sides is condemnable and should be avoided forever.
We fear that this latest ambush will now be used by the state to justify further militarisation in the region and make lives of Adivasis more difficult. There is an urgent need for political intervention and dialogue. The guns of State or Maoists, will not solve the problem. Politics of violence and counter violence will only make lives of adivasis and others in the region more difficult, which will ultimately have an impact on the democratic norms and freedom of citizens elsewhere in the country, as seen in shrinking spaces for non-violent, democratic movements and arrest of activists. Soni Sori, Lingaram Kodopi and many others are braving brutality as a result of the war promoted by the state and Maoists, both. Mahendra Karma, openly supported Salwa Judum, a violent outfit and the same violence has killed him. This is tragic, yet a telling fact.
The swiftness with which the centre has promised all help in this regard and dispatched a large number of security forces, if the same urgency was shown for providing justice to the victims of Salwa Judum in all these years, Indian state would have won a bigger political battle by now. Awards, compensation and martyrdom will be bestowed on those killed by Maoists but Adivasis victims of this collateral damage and those languishing in jail need justice too. There is an urgent need to address that otherwise situation will only deteriorate. We demand that political dialogue in all sincerity be initiated to arrive at a political solution rather than increased militarisation.
Medha Patkar, Prafulla Samantara, Dr. Sunilam, Arundhati Dhuru, Gabriele Dietrich, Gautam Bandopadhyay, Ramakrishnan Raju, Sister Celia, Maj. Gen (Retd) Sudhir Vombatkere, Vimal Bhai, Krishnakant, Rajendra Ravi, Meera, Seela M, Madhuresh Kumar
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National Alliance of People’s MovementsNational Office : 6/6, Jangpura B, Mathura Road, New Delhi 110014Phone : 011 26241167 / 24354737 Mobile : 09818905316
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