INDIA: OFFICIALS ON DEFENSIVE AT ‘WATCH LIST’ DESIGNATION

U.S. religious rights panel cites culture of impunity at authorities allowing atrocities.

NEW DELHI, August 18 (Compass Direct News) – Ahead of one-year remembrances of massive anti-Christian violence in the eastern state of Orissa, the U.S. Commission on International Religious Freedom (USCIRF) has put India on its “Watch List” for the country’s violations of religious freedom, evoking strong reactions from the Indian government.

USCIRF Chairman Leonard Leo said in a statement on Wednesday (Aug. 12) that it was “extremely disappointing” that India “has done so little to protect and bring justice to its religious minorities under siege.”

The U.S. panel’s decision was “regrettable,” a spokesperson for India’s Ministry of External Affairs, Vishnu Prakash, said in a statement on Thursday (Aug. 13), after the USCIRF put India on the list due to a “disturbing increase” in violence on minorities and a growing culture of impunity in the country.

Violence erupted in Kandhamal district of the eastern state of Orissa in August-September 2008, killing more than 100 people and burning 4,640 houses, 252 churches and 13 educational institutions, according to rights groups such as the All India Christian Council (AICC), the Global Council of India Christians (GCIC) and the Christian Legal Association (CLA).

“India’s democratic institutions charged with upholding the rule of law, most notably state and central judiciaries and police, have emerged as unwilling or unable to seek redress for victims of the violence,” Leo said. “More must be done to ensure future violence does not occur and that perpetrators are held accountable.”

Disagreeing with the USCIRF report, the foreign ministry’s Prakash said India is a multi-ethnic and multi-religious society. “The Constitution of India guarantees freedom of religion and equality of opportunity to all its citizens, who live and work together in peace and harmony,” he said.

Christians were shocked by the foreign ministry spokesman’s claim that “aberrations, if any, are dealt with promptly within our legal framework, under the watchful eye of an independent judiciary and a vigilant media.”

Attorney Robin Ratnakar David, president of the CLA, told Compass that one year after the violence only six people have been convicted in just two cases of rioting, while several suspects have been acquitted in four such cases despite the formation of fast-track courts.

Dr. John Dayal, secretary general of the AICC, pointed out that the more than 50,000 people who fled to forests or took shelter in refugee camps have not returned home out of fear of Hindu nationalist extremists who demand they either convert to Hinduism or leave their villages.

He said there also had been several “pogroms against Muslims, often sponsored or condoned by the state.”

In 2002, India’s worst-ever anti-Muslim violence occurred in the western state of Gujarat. A compartment of a train, the Sabarmati Express, caught fire – or was set on fire (as claimed by Hindu extremists) – near the Godhra city railway station on Feb. 27. In the fire, 58 Hindu passengers, mainly supporters of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), were killed. The VHP and the Bharatiya Janata Party (BJP) claimed it was an attack by Islamic terrorists; the ensuing violence killed more than 2,000 people, mostly Muslims.

Following the anti-Muslim violence, the USCIRF recommended that India be designated a “Country of Particular Concern” (CPC), its list of the world’s worst violators of religious freedom. India was removed from the CPC list in 2005.

Designation on the Watch List means a country requires “close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by the government,” according to USCIRF. The other countries on USCIRF’s Watch List are Afghanistan, Belarus, Cuba, Egypt, Indonesia, Laos, the Russian Federation, Somalia, Tajikistan, Turkey, and Venezuela.

CLA attorney David said the August-September 2008 violence in Kandhamal could have been prevented had the administration brought to justice those responsible for previous mayhem in December 2007. The December 2007 violence in Kandhamal killed at least four Christians, burned as many as 730 houses and 95 churches and rendered thousands homeless.

The attacks were launched under the pretext of avenging an alleged attack on a VHP leader, Swami Laxmanananda Saraswati. It was the assassination of Saraswati by Maoists (extreme Marxists) on Aug. 23, 2008 that sparked the second spate of violence in Kandhamal, as Hindu nationalists blamed non-Marxist, local Christians for it.

Dayal said the USCIRF’s latest conclusions could have been avoided if more action had been taken against the perpetrators of last year’s violence.

“The USCRIF action would not have been possible, and India would have been able to rebuff the U.S. scrutiny more effectively, if several thousand Christians were still not in refugee camps, if the killers were still not roaming scot-free and if witnesses, including widows, were not being coerced,” he said.

‘Indifferent’

Shashi Tharoor, India’s Minister of State for External Affairs, told a private news channel that India did not need approbation from outside its borders.

“As far as we are concerned, we are essentially indifferent to how others view the situation,” he said. “In democracy, what matters to us is how we deal with our own internal issues. I don’t think we need any certificates from outside.”

He dismissed the report as meddling in internal affairs even though between June 2002 and February 2007 Tharoor served as under-secretary general for communications and public information for the United Nations, a body representative of international accountability in human rights.

In its annual report, India’s home (interior) ministry had acknowledged that the incidence of communal violence was high. It noted that in 2008, as many as 943 communal incidents (mainly against Muslims and Christians) took place in which 167 persons were killed and 2,354 persons were injured. The figures were up from those of 2007, when there were 761 incidents in which 99 persons were killed and 2,227 persons were injured.

Justifying its decision, the USCIRF report stated that several incidents of communal violence have occurred in various parts of the country resulting in many deaths and mass displacements, particularly of members of the Christian and Muslim minorities, “including major incidents against Christian communities within the 2008-2009 reporting period.”

“Because the government’s response at the state and local levels has been found to be largely inadequate and the national government has failed to take effective measures to ensure the rights of religious minorities in several states, the Commission decided to place India on its Watch List.”

The USCIRF had released its 2009 annual report on religious freedom across the globe on May 1 but put the India report on hold, planning to prepare it after a visit to the country in June. A USCIRF team planned to visit India to speak to the government and others concerning the situation in Kandhamal and Gujarat on June 12, but the Indian embassy in Washington, D.C. did not provide visas in time.

“USCIRF’s India chapter was released this week to mark the one-year anniversary of the start of the anti-Christian violence in Orissa,” Leo pointed out in last week’s statement.

‘Teflon-Coated State’

The AICC’s Dayal seemed pessimistic about a change in the government’s attitude.

“Unfortunately, nothing really impacts the government of India or the government of Indian states,” he said. “The state, and our social conscience, seems Teflon-coated. The patriotic media and political sector dismiss international scrutiny as interference in the internal affairs of India, and a beaten-into-submission section of the leadership of religious minorities assumes silence to be the best form of security and safety.”

Dr. Sajan George, the national convenor of the GCIC, said the report showed that India had become a “super violator” of human rights. The Rev. Dr. Babu Joseph, spokesman for the Catholic Bishops’ Conference of India, said the U.S. panel’s report did not augur well with India’s claim to find a respectable place within the community of nations.

“India as an emerging economic power in the world should also endeavor to better its records of protecting human rights, particularly when it comes to religious freedom of its citizens,” Joseph said.

Joseph told Compass the USCIRF report was “a clear indication of the growing concern of the international community with India’s repeated failure to take decisive and corrective measures to contain religious intolerance.”

Christian leaders generally lauded the report, with Dayal saying, “India’s record on the persecution of minorities and the violation of religious freedom has been a matter of international shame for the nation.”

Report from Compass Direct News 

MEXICO: CHRISTIANS JAILED FOR ACTEAL MASSACRE WIN RELEASE

Supreme Court rules their rights were violated; violence threatened in Chiapas.

MEXICO CITY, Aug. 13 (Compass Direct News) – At least 20 men accused of participating in a massacre in Chiapas state in December 1997 left prison early this morning – amid concerns over threats of violence at their home communities near San Cristobal de las Casas – following a Supreme Court ruling yesterday that their convictions violated fundamental norms of justice.

The release of the 20 men, most of them evangelical Christians, came after Mexico’s Supreme Court ruled in a 4-1 decision that they had been convicted in unfair trials in which prosecutors fabricated testimony and illegally obtained evidence. Area evangelicals view the imprisoned Christians as caught between survivors clamoring for convictions and government police and military forces eager to shift blame away from their minions following the Dec. 22, 1997 killing of 45 civilians in Acteal village.

“Acteal is a double tragedy,” attorney Javier Cruz Angulo reportedly said after the ruling. “On the one hand you have an abominable massacre, and on the other more than 50 human beings imprisoned without proofs.”

The court will review the cases of another 31 men convicted in connection with the massacre, and six more will be given new trials, according to news reports.

The identities of those released were not immediately known. As 32 of those imprisoned for the crime were Christians and another 15 received Christ while in prison, most of the previous total of 57 prisoners are Christians.

“In prison, the majority of us converted to the Presbyterian faith,” Tomas Perez Mendez, 60, told El Universal before the Supreme Court decision; at press time it was not known if he was among those released.

He told the Mexican newspaper that he bears no resentment even though his imprisonment led to illnesses that contributed to the deaths of family members. “My wife is ill, my father and one brother died from sorrow at seeing us here in prison . . . I no longer feel anger or resentment against those who accused me, and I plan to preach.”

Authorities had told a total of 57 prisoners that they would be freed after their paperwork was reviewed, a source in Chiapas told Compass.

“Naturally, those prisoners who had been informed of their impending release last week are extremely disappointed, as well wondering if they will ever be released,” said the source, who requested anonymity.

Two brothers, Pablo and Juan Hernandez Perez, reportedly said that they have no home to return to; their house was burned to the ground while they were in prison. Another hoping for release, Javier Vazquez Luna, told El Universal he played no part in the crime, and that indeed his father was one of the victims of the massacre.

The Supreme Court justices stated that they were not ruling on the guilt or innocence of the men, only on the violation of due process.

“During the investigation, their constitutional rights were violated,” the court said in a statement. “The majority of cases … were based on the use of illegally obtained evidence.”

In recent months relatives of the imprisoned men ratcheted up citizen campaigns seeking their freedom, backed by many others. For several years Presbyterian churches have carried banners outside their buildings requesting justice for those wrongly convicted in the Acteal violence. The Chiapas government had said it could do nothing because the case was under federal jurisdiction.

Pressure to reopen the case has intensified each December with remembrances of the massacre. In spite of intense political pressure to the contrary, the Supreme Court finally agreed to review the facts.

Threats of Violence

Amid statements by survivors of the Acteal crime that tensions could heighten in the area – and a grim warning from a former leader of Las Abejas, a supposedly non-violent group sympathetic to rebel militants whose members were killed in the massacre – defense attorneys and family members of the released men appealed to authorities to provide security and guarantee social peace.

“A former leader of the Abejas made a public declaration that if the men returned to their homes, the Abejas would be waiting for them, and the released prisoners would be repaid for the pain they caused 12 years ago,” the Chiapas source told Compass. “Tensions exist, and with statements like he made, the government is nervous about letting the men return to their homes due to possible violence. At this point, there are still no violent actions, but the threat of an outbreak is real.”

At press time authorities had prevented the released men from returning to the Acteal area, keeping them in a hotel in Berriozabal after loading them onto a truck through a back door of the El Amate prison at 3:35 a.m., El Universal reported.

Initially the prison director refused to see the men’s lawyers when they arrived at El Amate prison in Chiapas near midnight with orders for their release, the Compass source said.

“When he finally relented and met with the lawyers, it was only under extreme pressure from the Mexico City lawyers who refused to be dissuaded,” the source said. “There was an extended time of wrangling before the warden eventually released the prisoners, only under threat of returning to the Supreme Court and the Human Rights Commission about his intransigence.”

The released men had been promised there would be a government-paid bus waiting to take them to San Cristobal de las Casas, he said, but instead they were taken to the hotel in Berriozabal.

“The men were to meet with government officials today in Tuxtla, and we are still awaiting word on their arrival in San Cristobal after some five hours of waiting,” the source said. “It appears there are delaying tactics, hindrances and lack of cooperation in the entire release process.”

Some of the released men were able to meet with family members, and most expressed desire to return to the Acteal area, but the prison director said that authorities had determined that it was not safe for them to go back to their communities, according to El Universal. Authorities have reportedly proposed the possibility of providing them land parcels to avoid their returning to the area of the original conflict.

The evangelical Christians convicted were serving 25- or 36-year sentences and had exhausted all appeals. Some of them say they were arrested because rebel sympathizers with whom they had been embroiled in years of land disputes named them. Others said they were simply nearby when authorities made random round-ups.

Of the 34 men originally convicted, one died in prison and another had been released as a minor.

The family of one prisoner, Agustin Gomez Perez, tried to visit him in 2005. He told El Universal that they had an accident on the way, killing one small child and putting his wife in the hospital for 20 days – leaving their other five children without parents during that period.

Controversy over who killed the 45 people has revolved around whether there was a “massacre” by numerous “paramilitary” villagers or a “confrontation” between a handful of neighboring peasants and Zapatista National Liberation Army rebels. Historian Héctor Aguilar Camín has argued that there was both a confrontation and a massacre, with some overlap between each, but that they were largely separate incidents.

Five confessed killers have testified that they and four others engaged only Zapatista militia to avenge the death of a relative, while the federal attorney general’s office charged that at least 50 pro-government “paramilitaries” descended on a relief camp hermitage full of displaced peasants bent on killing and robbing them. The testimonies of the five confessed killers – four others remain at large – agree that the nine avengers were the only ones involved in the firefights, and that the decision to attack the Zapatistas was a private family decision made with no involvement from government authorities.

They also agree that the sole motive was to avenge the assassination of a relative – the latest of 18 unprosecuted murders by Zapatistas over the previous three months, according to Aguilar Camín.

Government prosecutors unduly dismissed much of the testimony of the five confessed avengers, Aguilar Camín wrote in a 2007 article for Nexos, noting that the killers testified that state security forces were nearby and did nothing. He highlights the judicial irregularities of the round-up and conviction of the peasants – apprehensions without evidence or warrant, charging 83 people with homicide when only 45 people were killed and lack of translators and attorneys for the suspects, Tzotzil Mayans who did not know Spanish.

The Supreme Court pointed out those violations in its ruling. Arturo Farela Gutierrez, head of the National Association of Evangelical Christian Churches, praised the court decision.

“We are in the presence of a court different from that of 12 years ago,” he said, according to El Universal. “The court is strengthened without fear of anything or anyone, and it’s the court that democratic Mexico needs.”

Report from Compass Direct News