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Victims yet to get justice in Tamil Nadu and Karnataka

23 January 2008, 02:46PM

We are concerned that several indigenous and marginalised communities - adivasi - who were the victims of a decade-long Special Task Force (STF) operation are yet to receive justice and compensation for the human rights violations they suffered.

The human rights violations were carried out during the force's operations against the fugitive Koose Muniswamy Veerappan - who was killed by the STF in October 2004 after being outlawed for sandalwood smuggling. The violations include unlawful killings, sexual violence, arbitrary detention, and torture and other cruel, inhuman or degrading treatment or punishment.

We have learnt that a year after an official panel of inquiry, led by Justice A. J. Sadashiva, ordered the Government of Karnataka to pay compensation to 51 victims, 13 of them have yet to receive it. The Government of Tamil Nadu has paid compensation to 38 victims as directed in the order.

In January 2007, the National Human Rights Commission (NHRC) directed the two governments to pay compensation to 89 victims as per the panel of inquiry's recommendations.

Over the past year, human rights organisations in the two states have been campaigning to ensure justice for 104 other victims whose complaints of human rights violations - including arbitrary and indefinite detention, torture, including to death, other ill-treatment and sexual assault - were reportedly ignored by the panel.

The panel also failed to initiate charges against any of the 39 task force officials named by the victims as perpetrators, although it did conclude the STF had carried out torture. We have learnt that the victims have filed a number of complaints, in several police stations in Tamil Nadu and Karnataka, against the 39 task force officials.

In spite of the complaints, a number of the accused officials were given awards and promotions. Some of the accused reportedly attended an official function held to distribute compensation in Karnataka in March 2007 - this lead to protests from the victims.

As a state party to the International Covenant on Civil and Political Rights, India is obliged to "ensure that any person whose rights or freedoms … are violated shall have an effective remedy" and to "ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the state, and to develop the possibilities of judicial remedy" and to "ensure that the competent authorities shall enforce such remedies when granted".

We urge:

  • The Government of Karnataka to immediately distribute compensation to the 13 remaining victims as per the January 2007 order.
  • Authorities of Karnataka and Tamil Nadu to thoroughly investigate the pending human rights complaints against the 39 STF officials.
  • To bring those suspected of perpetrating violations to justice, in proceedings which meet international standards of fairness and without the imposition of the death penalty.
  • To immediately suspend the officials named in the complaints from active duty pending completion of investigations.
  • The NHRC to participate in the above cases to help to ensure there is justice for the victims.
  • The commission to re-examine victims' complaints ignored by the official panel.

Background

In 1993, the Governments of Karnataka and Tamil Nadu created the STF to catch Veerappan and his associates, who had been outlawed for more than seven years. On 21 October 2004, Veerappan and two of his associates were killed during the STF operations. In all, 36 persons lost their lives during task force operations.

In June 1999, the NHRC appointed the official panel, made up of Justice Sadashiva and a former director-general of India's premier investigating agency, the Central Bureau of Investigation. The panel submitted its recommendations in December 2003.

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