The Human Rights Actions Network - Derechos Human Rights http://www.derechos.org/human-rights/actions/ Case IND 140197 The International Secretariat of OMCT requests your URGENT intervention in the following situation in India. Brief description of the situation: The International Secretariat has been informed, by reliable sources, of the threat of forcible eviction of over 150 Chakma families at Mpen village of Changlang district in the North Eastern Indian State of Arunachal Pradesh, by 15 January 1997. In a notice served to the families, the Arunachal Pradesh Forest Corporation Ltd 30 December 1996 claims that the Chakmas at Mpen have violated the Forest Rules/Regulations of the State. It has threatened that if the Chakmas do not vacate the area by 15 January 1997, the Forest Officials will damage all the properties including crops and houses and auction their belongings in public. The Forest Corporation stated that it will not be responsible for the loss of property and no demonstration or the right to freedom of assembly will be allowed. The Forest Corporation wants to start plantations in the area. The Chakma inhabited areas at Mpen are agricultural lands and has little forest at the moment. The Chakmas at Mpen area have been cultivating these lands for last two decades and also paid land taxes whenever the State Government collected such taxes. The notice served by the Arunachal Pradesh Forest Corporation Ltd fails to indicate under which specific Act/Regulation it has been served nor is it clear which specific Act/Regulation allows auctioning of properties of the Chakmas of Mpen village at Mpen. The information suggests that the proposed evictions may be politically motivated and thought to be part of moves of the State Government of Arunachal Pradesh to push the Chakmas out of Arunachal Pradesh. However, a Supreme Court judgement of 9 January 1996 directed that "except in accordance with law, the Chakmas shall not be evicted from their homes and shall not be denied domestic life and comfort therein." The International Secretariat is concerned for the physical and psychological integrity of the above mentioned persons because of recent action taken against representatives of the villagers. On 7 November 1996, five representatives of the Chakmas and Hajongs (see below)of Arunachal Pradesh were severely tortured by Arunachal Pradesh Police for meeting a Parliamentary Committee, on 3 November 1996 in Calcutta. While returning from Calcutta, Mr Bimal Kanti Chakma, 40 years; Mr Kripadhan Chakma, 66 years; Mr Punyadhan Chakma, 50 years; Mr Purna Kumar Chakma, 45 years and Mr Sitesh Hajong, 45 years from Diyun area of Changlang district were arrested without any warrant at Mudhoimukh, Diyun, Changlang district by the Arunachal Pradesh Police led by Mr S P Bhutia, Officer in Charge of Diyun Police station at 7 pm on 9 November 1996. They were taken to the Diyun Police station and questioned about their visit. When the Chakma representatives informed the police that they had met with the Parliamentry Committee, Mr S P Bhutia verbally abused them and told that he would teach them a lesson. The 5 representatives were tortured for five hours and released at midnight. They were beaten with batons and belts and kicked in the stomachs. Mr S P Bhutia took all money and documents and threatened further torture should they took any action or met any future delegations. No action has been taken against the police officials for torturing the Chakma and Hajong representatives. Given, what would appear to be regular harassment and torture of the Chakmas and Hajongs in Arunachal Pradesh, and the state of impunity with which the authorities can take such measures, the International Secretariat must express its grave concern that the authorities may resort to the use of violence during the evictions. The Chakmas have migrated from the Chittagong Hill Tracts of the then East Pakistan (now Bangladesh) in 1964 after the construction of the Kaptai Hydel project. They were settled in what is now Arunachal Pradesh by the Government of India in consultation with the local people. Around 2000 Hajongs also migrated from East Pakistan in the same year i.e. 1964. Action requested : Please write to the Indian authorities urging them to: i. take immediate measures to guarantee the physical and psychological integrity of the all those threatened by the forced eviction; ii Bring an immediate end to the threat of proposed forcible eviction the people of Mpen and take urgent measures to resolve the situation in accordance with the supreme court decision; iii.open a full impartial inquiry into the all the events and allegations of violations of fundamental rights, identify all those responsible and bring them to trial and apply the penal, civil and /or administrative sanctions provided by legislation; iv. guarantee in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international standards. Addresses: The Prime Minister H.D. Deve Gowda, Gate No. 6, South Block, New Delhi 110 001, India. Fax : + 91 11 301 9817 Justice M N Venkatachaliah, Honourable Chairman, National Human Rights Commission, 9, Sardar Patel Bhawan, Parliament Street, New Delhi 110 001, India. Fax: 00-91-11- 334 0016 Mr Gegong Apang Chief Minister of Arunachal Pradesh Itanagar Arunachal Fax: 00-91-11-0360- 22439 Mr D C Mishra Chief Secretary State Government of Arunachal Pradesh, Itanagar Arunachal Pradesh Fax: 00-91-11-0360- 22446 Geneva, 14 January 1997 Kindly inform us of any action undertaken quoting the code of this appeal in your repply. Ben Schonveld Projects Manager OMCT-SOS-Torture Fax 4122 733 3140 Ph 4122 733 1051 OMCT is: l'Organisation Mondiale contre la Torture The World Organisation Against Torture