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Gujarat massacre cases sabotaged
30-06-2003
New York, July 1, HRW: The ringleaders of massacres committed in
2002 are still roaming free in Gujarat, Human Rights Watch (HRW)charged
in a new report released today.
The 70-page report, Compounding Injustice: The Government’s Failure
to Redress Massacres in Gujarat, examines the record of state
authorities in holding perpetrators accountable and providing
humanitarian relief to victims of state-supported massacres of Muslims
in February and March 2002.
Human Rights Watch urged the federal government to take over cases
of large-scale massacres where the state government has sabotaged
investigations. On June 27, a Gujarat state court acquitted twenty-one
people accused of burning alive twelve Muslims in a bakery in Vadodara.
Thirty-five of the seventy-three witnesses reportedly retracted in
court the statements they had given to the police identifying the
attackers.
“The government’s record on the massacres is appalling,” said Smita
Narula, senior researcher for Human Rights Watch and author of the
report. “Sixteen months after the beginning of the violence, not a
single person has been convicted.”
More than one hundred Muslims have been charged under India’s
much-criticized Prevention of Terrorism Act (POTA) for their alleged
involvement in the train massacre in Godhra. No Hindus have been
charged under POTA in connection with the violence against Muslims,
which the government continues to dismiss as spontaneous and
unorganized.
Although the Indian government initially boasted of thousands of
arrests following the attacks, most of those arrested have since been
acquitted, released on bail with no further action taken, or simply let
go. Police regularly downgrade serious charges to lesser crimes – from
murder or rape to rioting, for example – and alter victims’ statements
to delete the names of the accused.
Even when cases reach trial, Muslim victims face biased prosecutors
and judges. Hindu and Muslim lawyers representing Muslim victims, and
doctors providing medical relief to them, have also faced harassment
and threats.
Hundreds of women and girls were brutally raped, mutilated, and
burnt to death in Gujarat. The police have refused to pursue these
cases.
In numerous instances, and in an effort to cover up their own
participation in the violence, the police have instituted false cases
against men and women injured in police shootings.
Living conditions for more than 100,000 people displaced by the
violence continue to be grossly inadequate. For months they resided in
makeshift relief camps with little support from the state. By the end
of October 2002, the government had closed most of the camps, forcing
some families back into neighborhoods where their attackers still live
and where their security is continuously threatened. Most people
interviewed by Human Rights Watch received negligible amounts to
compensate for the destruction of their homes, ranging from a few
hundred to a few thousand rupees, or less than one hundred dollars.
Hindus in Gujarat have suffered as well, Human Rights Watch said.
Thousands of small businesses owned by Hindus closed down during the
violence. The relatives of the Hindus killed in Godhra have been denied
redress and some face economic destitution. The Human Rights Watch
report also documents and strongly condemns the September 2002 massacre
of Hindus at Akshardham in Gandhinagar, Gujarat’s capital.
Hindu nationalist groups continue to arm civilians in Gujarat and
many other Indian states. Instead of cracking down on these groups, the
Gujarat state Bharatiya Janata Party (BJP) government has included the
distribution of arms as part of its election manifesto.
In December 2002, the BJP won by a landslide in Gujarat state
elections. Using posters and videotapes of the Godhra massacre, and
rhetoric that depicted Muslims as terrorists intent on destroying the
Hindu community, the party gained the most seats in areas affected by
the communal violence.
In states that go to the polls later this year, such as Rajasthan
and Madhya Pradesh, potentially explosive campaigns are already in full
swing. Members of the Vishwa Hindu Parishad (World Hindu Council, VHP)
are distributing weapons similar to those used in Gujarat, as well as
literature depicting Muslims as sexual deviants and terrorists. Members
of both communities live in fear that a simple altercation could become
the pretext for large-scale violence.
The Human Rights Watch report also examines the recruitment of
Dalits (so-called untouchables) and tribals (indigenous peoples) in the
violence against Muslims in Gujarat, and the subsequent scapegoating of
these communities in police arrests. Since the events of last year,
Christians in the state have also come under renewed administrative,
legislative, and physical attack.
The Human Rights Watch report includes forty detailed
recommendations to Indian authorities and the international community.
Human Rights Watch called on the Indian government to act immediately
to prevent further attacks, end impunity, and deliver meaningful
assistance to those displaced and dispossessed by the violence.
For Human Rights Watch’s original report on the 2002 massacres of
Muslims and Hindus in Gujarat, “We Have No Orders to Save You,” please
see http://hrw.org/reports/2002/india/.
Testimony from the report Compounding Injustice: The Government’s Failure to Redress Massacres in Gujarat
Khalid Noor Mohammed Sheikh lost nine family members in the
February 2002 massacre in Naroda Patia, Ahmedabad, including his
pregnant thirty-year-old daughter Kauser Bano. Her belly was cut open
and the fetus was pulled out and hacked to pieces before she was
killed:
I took [my daughter] Kauser to the hospital for delivery the day
before the attack. She was ready to deliver. But the doctor said there
was time and to come back in the morning. But there was no morning
after. By then it was all over. And the tragedy is that the people who
ripped my daughter’s child out of her body and killed her are walking
about freely. Why does it have to be this way?… Please make every
effort that the criminals get punished. Even if they don’t get punished
a lot, they should at least get punished a little…. They keep going on
about Muslim terrorists, but who are the terrorists? Those who torture
Muslims so much should be punished a bit. In a family of nine, I am the
only survivor. Whom should I live for now?
R. Bibi’s thirty-six-year-old son was killed by the police in Naroda
Patia:
A lot happened that day. The crowds came. Everything was destroyed.
We didn’t know what was going on, that something was going to happen.
We were just doing our work. Suddenly there was an attack. They were
raping women. Then they were killing them, burning them and cutting
them up into pieces. The police killed my son. They shot him…. The
government tells us to bring proof when we go to ask for
[compensation]…. My life was taken away when they shot my son.
Everything has been taken away and now they want evidence, where will I
get the body from? I wasn’t even able to see his body…. They stole
everything, they burnt everything, they killed people, and [Rs. 1,250
(U.S.$27)] is all we got. Now my daughters go and do housework in other
people’s homes. They wash dishes, they sweep and clean…. We find some
way to fill our stomachs. Somehow we have to survive…. It’s too much.
Even now we have no relief.
Nishith Acharya is a volunteer at the Akshardham cultural complex
in Gandhinagar and was an eyewitness to the September 2002 massacre of
Hindus there:
They threw something inside, a grenade, into the bookstore. By
God’s grace it did not explode in the bookstore. One middle-aged lady
tried to come out. They fired on her, and she was immediately killed.
They started moving ahead and went to the podium. I had no weapons and
no one in the campus had weapons [so as] to preserve the sanctity of
the place…. They threw a grenade inside [an exhibition hall]. It
exploded and they started firing on the public. Many people were
injured. There were many casualties…. People were killed there also.
One volunteer opened all the doors to let the people out. So they threw
a grenade at the entrance part and did firing also. Maximum casualties
were there…. The room was full of blood.
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