Mr Justice A S Anand
Chairman
National Human Rights Commission
Sardar Patel Bhawan
Parliament Street
New Delhi-110001

Subject: Complaint against torture of 80 Burmese refugees on the night of 12 November 2003, the arrest of over 100 Burmese refugees by the Delhi Police at Lodi Road Police Station today morning and their possible refoulement to Burma

Dear Justice Anand,

I am writing to seek your urgent intervention against torture of 80 Burmese refugees on the night of 12 November 2003, the arrest of over 100 Burmese refugees by the Delhi Police at Lodi Road Police Station today morning and their possible refoulement to Burma.

About 500 Burmese asylum seekers comprising of approximately 50 children and 200 women have been holding peaceful demonstration in front of the Office of the United Nations High Commissioner for Refugees (UNHCR) at 14 Jor Bagh, New Delhi for the last 23 days. They have been demanding adequate subsistence allowance and guarantees against refoulement and basic health care assistance for the refugees.

1. Arbitrary detention

The Delhi Police from Lodi Road police station today morning arrested more than 100 refugees who were holding peaceful protest demonstrations in front of the UNCHR office.

At around 9 pm on 12 November 2003, the Delhi Police personnel from Lodhi Road Police Station came to the UNHCR office and started unprovoked cane charging of the peaceful demonstrators. The UNCHR office has reportedly asked the Delhi Police to remove the protesters. The Delhi Police decided to use to disproportionate force against refugees including women and children. More than 400 Burmese including 145 women and children were detained at different four police stations (namely Badarpur Police Station, Lodhi Colony Police Station, Kalkaji Police Station and Sarita Vihar Police Station) until late 13 November 2003.

On 13 November 2003, the Delhi Police also arrested more than 300 Burmese asylum seekers after they tried to hold peaceful demonstration in front of UNHCR. The Delhi Police detained 108 Burmese refugees at Nehru Place Police station, New Delhi and 202 refugees at Lodhi Road Police Station, New Delhi.

Earlier, on 12 November 2003, the Delhi Police arrested 24 refugees who were seriously injured on charges of rioting. The Delhi Police alleged that the refugees sought to forcibly enter the office of the UNHCR. The refugees alleged that it was a false propaganda to hide the torture and use of disproportionate force against the peaceful refugees. As UNHCR office was closed by then, there was no question of forcibly entering the UNHCR building.

The Delhi Police arrested the following 24 persons on 12 November 2003:

1.      Mong Hmun Lian

2.      Van Thawng

3.      Benhur

4.      Sun Chai

5.      Nwam Dim

6.      Ni Hlei Mang

7.      Sui Mawng

8.      Par Sung

9.      Vam Hlei Thang

10.   Tluang Val Lian

11.   Marry Vam Zing

12.   Hram Tin Sung

13.   Leyalu

14.   Thawn Suan Mang

15.   John

16.   Aphawng

17.   B.S. Tin Mang

18.   Biak Lal

19.   Zo Sanga

20.   Za Lian Sang

21.   Jonh Sang

22.   Sang Dong Khai

23.   Thang Liam

24.   Damt Lian Cem

More than 300 Burmese tried to continue their peaceful demonstration in front of UNHCR this morning. At the time of writing this complaint at 6.30 pm (Indian Standard Time), the Delhi Police continue to detain 108 Burmese refugees at Nehru Place Police station, New Delhi and 202 refugees at Lodhi Road Police Station, New Delhi. Many Burmese are also missing and their whereabouts are unknown.

2. Torture

The Delhi Police personnel used unprovoked and disproportionate force against the Burmese asylum seekers on the night of 12 November 2003

The police used water cannons, lathis (sticks) and rifle butts to beat up the peaceful protesters. More than 80 refugees including many children were injured. Many children and women became completely wet after the use of water cannon and had to spend the night with the same wet clothes.

About 20 refugees have been seriously injured including severe head injuries, chest injuries and broken limbs. The legs and hands of three girls were broken badly. They have been admitted to Indraprashta Apollo Hospital and All India Institute of Medical Sciences by the Delhi Police. The refugee community leaders have so far been denied access to the injured ones as the police have been preventing their entries.

The Asian Centre for Human Rights (ACHR) has so far managed to obtain the names of the following injured refugees who were admitted to hospitals:

Sl. No. Name Age Name of Hospital

1.      Mr. Melong 35 Appollo Hospital

2.      Mr. Khaipei 28 Appollo Hospital

3.      Mr. Szaw Tawng 26 Appollo Hospital

4.      Ms. Vangzing 40 AIIMS

5.      Mr. John 26 AIIMS

3. Refoulement

The Asian Center for Human Rights (ACHR) fears that detained Burmese asylum seekers might be forcibly repatriated to Burma.

Between 20 July 2003 and 19 August 2003, about 5210 Myanmarese asylum seekers including women and children were forcibly repatriated to Myanmar by the Young Mizo Association in acquiescence of the Mizoram government.

Many of the repatriated refugees have returned to Bambuk refugee camp at Saiha after atrocities perpetrated by the Burmese military personnel. The government of India has not provided them any assistance.

They were repatriated following the rape of local Mizo girl on July 17 by an alleged Mizo immigrant from Myanmar in a hotel run by his father in Aizwal. Angered by the "ghastly crime", the state's largest NGO, the Young Mizo Association, has vowed to "clean up" the State capital, Mizoram, of "foreigners". The Myanmarese refugees were then forcibly repatriated. The State government did little to uphold the rule of law against the illegal actions of the private entities which had taken law into their hands.

Background

There are more than 900 recognized Burmese refugees living in New Delhi under the protection of the United Nations High Commissioner for Refugees (UNHCR) in New Delhi. There are also about 600 Burmese nationals in New Delhi who have not been recognized as refugees by UNHCR. Most refugees came to India after their camps were destroyed in Saiha, Mizoram in 1995.

As the Chin armed opposition groups did not sign any cease-fire agreements with the military Junta as yet, repression in the Burmese State of Chinland increased manifold. Since early 2002, more than six hundred Burmese nationals have fled to India seeking refugee status with the UNHCR office in New Delhi. They face serious repression by the Burmese military junta such as using them as forced labour for military purposes and other human rights violations. However, as of June 2003, only 20 of these 600 have been recognized by the UNHCR 'refugees". The rest are being denied refugee status without any written explanation as to the reasons for the rejection.

Of those 20 who have been recognized as refugees, only 5 have been deemed eligible to receive the Subsistence Allowance. In the absence of any skill to find job or legal work permit, the question arises as to how are the refugees supposed to survive in Delhi?

The refugees have been consistently holding similar demonstrations to protest against the refusal of the UNHCR to grant them refugee certificates and Subsistence Allowance. The demonstration highlighted a number of severe problems faced by refugees in New Delhi.

There is little transparency in the decision making of UNHCR on the grant of refugee status. The UNHCR never provide the justification in writing as to grounds for rejection of asylum to the concerned applicants. As UNHCR acts as judge and jury on its decisions, appeal mechanisms of the UNHCR are neither transparent nor meet the standards of due process of law.

In 1994, UNHCR increased the subsistence allowance to Rs. 1,400 (about US$ 30) and Rs. 600 to the dependent person respectively. After one decade, there has not any increase of subsistence allowance despite quite high inflation in India.

Recently, UNHCR has proposed to cut subsistence allowance by 60%. Although, the refugees in India do not have the right to work, UNHCR consistently promotes "self-reliance" of the refugees by encouraging participation in vocational training courses with a view to obtain jobs. In the absence of the right to work, the UNHCR's self reliance policy is nothing but promotion of illegal work.

UNHCR has a policy of reimbursing refugees for expenses related to medical care and treatment - provided that it is obtained at a government hospital. The policy is implemented on the presumption that the refugees have the necessary money first to spend at government hospital and then follow bureaucratic procedures of the UNHCR and claim reimbursement later. Since UNHCR provides Rs 1400 to the head of the family out of which the refugees are expected to cover rent, food, travel etc, is it fair and reasonable to expect that the refugees have the money in advance to take care of the medical expenses? Moreover, the reimbursement provided by UNHCR does not cover their total expenditure and there is not a transparent or consistent policy regarding the calculation of such reimbursements.

Requested actions

Although, India has not ratified the 1951 Convention Relating to the Status of Refugees, India is a signatory to the Convention Against Torture. Indian national laws also prohibit use of torture. Undoubtedly, the Delhi Police personnel have used disproportionate force which resulted breaking of limbs. What is also most unfortunate is that these atrocities were perpetrated in front of the UNHCR office. The UNHCR has failed to provide any legal assistance to the detained persons. The fact that UNHCR has reportedly called the Delhi Police to disburse the protestors is extremely condemnable as UNHCR officials are aware of the use of undue and disproportionate force by the Delhi Police personnel.

Asian Centre for Human Rights fervently appeals to the National Human Rights Commission to immediately intervene with the government of India by taking the following measures:

-          Order an inquiry by the investigation wing of the NHRC into the entire incident and prosecute the police personnel who were responsible for torture of the refugees including children;

-          Direct the government of India to immediately release all the refugees who are being detained at Lodhi Road Police station;

-          Direct the government of India to drop all the charges of rioting against 24 refugees and release them unconditionally;

-          Direct the government of India not to repatriate any Burmese asylum seeker without determining the threat to their life and security by the NHRC;

-          Request the Office of the United Nations High Commissioner for Refugees in New Delhi to provide information on the status of the refugees; and

-          Take any other measure that the NHRC deems fit.

With kind regards,

Yours sincerely

 

Suhas Chakma
Director

Encl: a.a.