(New York, July 1, 2003)
The ringleaders of massacres committed in 2002 are still roaming free
in Gujarat, Human Rights Watch charged in a new report released today.
"The government's record on
the massacres is appalling. "Sixteen months after the beginning of the
violence, not a single person has been convicted."
Smita Narula, senior researcher for Human Rights Watch and author of the report
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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.
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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