Human Rights Groups across the country have issued an appeal to express grave concern at the allegedly brutal custodial beating and torture of anti-mining activist Ravindra Velip, who has been held in custody by the Goa police since March 23. Reports indicate that he and his colleagues were arrested for participating in an anti-mining protest in Cauvrem village of South Goa where they were opposing transportation of illegal iron ore. Further media reports suggest that the human rights defenders from Cauvrem-Pirla village in Quepemtaluka were blind folded and beaten up mercilessly by inmates in judicial custody inside Sada sub-jail in Goa.
Below is a Draft Appeal that could be sent to all authorities. Addresses of local authorities are also given below:
MODEL APPEAL
(Your Organisation/Individual Letterhead)
Date:
Address:
Sir/Madam,
(A line of introducing yourself / your organisation)
We are writing to express our grave concern regarding Mr. Ravindra Velip, an anti-mining activist and human rights defender from Cauvrem-Pirla village in Quepemtaluka who was blind folded and beaten up mercilessly by inmates in judicial custody inside Sada sub-jail in Goa. The incident happened on March 23, 2016, after Mr.RavindraVelip and his colleagues were arrested for participating in an anti-mining protest in Cauvrem village of South Goa where they were opposing transportation of illegal iron ore.
Source of Information on the Incident:
Media Reports
The Human Rights Defender:
Mr. Ravindra Velip hails from a tribal community and is a resident of Cauvrem-Pirlavillagein Quepemtaluka, South Goa. He is an anti-illegal mining activist associated with the non-governmental organisation known as ‘Goa Foundation’ whose petition in the Supreme Court resulted in a two-and-a-half-year ban on mining in the state. Mr. RavindraVelip has been consistently working to expose the illegalities of mining lease holders in Cauvrem. It was due to the efforts of his group that the authorities could locate lakhs of tonnes of iron ore illegally extracted and hidden in artificial mountains under layers of mud, after the closure of mining was announced by the State Government. Mr. RavindraVelipwas instrumental in revealing the information to the mining directorate that the excess amounts of iron ore discovered by his group with the help of villagers were being systematically removed under the garb of e-auction. The situation has been turning grim due to the unmonitored movement of mineral ore in the mining belt amid claims of the government that it lacks manpower and resources to prevent illegal mining and monitor movement of trucks.
The Perpetrators:
Jail authorities,
a mining firm and
A BJP MLA masterminding the assault
Goa Mining Lobby
Date of Incident:
March 23, 2016
Place of Incident:
Sada sub-jail
Incident detail:
According to sources on March 22, 2016, Mr.RavindraVelip was arrested along with four others for participating in an anti-mining protest in Cauvrem village of South Goa. Their arrests were made under Sections 143 (unlawful assembly) and 341 (wrongful restraint) for blocking transportation of iron ore e-auctioned by the state government to a private trading company. They were remanded to judicial custody in Sada sub-jail.
Around 9 PM on Thursday March 23, 2016, when he was getting ready to move out of the Sub-Jail facility after securing bail, suddenly someone from back blindfolded him and began hitting him. He was beaten up with boots and fists. He was lifted and thrown from a height due to which hesuffered multiple fractures on his arms and suffered internal injuries. Mr. Ravindra was taken to the Goa Medical College and got medical treatment.
Anti-mining activist Mr.RavindraVelipalong with his colleagues were protesting mining operations in Cauvrem village of South Goa. They were arrested after they questioned the veracity of the iron ore consignment passing through their village. The villagers of Cauvrem are protesting against transportation of iron ore by a mining firm through their village road. The iron ore export in Goa has begun after Supreme Court lifted the ban imposed on the mining activity.
Anti-mining activists of Goa alleged that “a mining firm, a ruling BJP legislator and jail authorities were behind the attack. They filed a complaint with State Chief secretary against the jail authorities on Friday the March 25, 2016, and urged that the government should initiate proper inquiry into the incident and demanded that guilty should be punished.
Appeal:
We, therefore urge you to immediately take necessary steps to ensure that the concerned authorities in Goa:
Order an immediate, thorough, transparent, effective and impartial investigation into the above-mentioned physical assault made on the anti- mining activist and human rights defender Mr. RavindraVelip;
Ensure complete medical check-up of human rights defender Mr. RavindraVelip totally at state cost in the best medical facility available in the state to ensure that he is not suffering from any internal medical ailments;
Take immediate action on the perpetrators by arresting them and using all provisions of law to ensure that the defender is not harassed or attacked in future and provide a re-assurance of not engaging in such acts against HRDs;
Guarantee in all circumstances the physical and psychological integrity of human rights defender Mr. RavindraVelip and his family members from further reprisals from the perpetrators;
Ensure provision of reparation, compensation, apology to the human rights defender for the physical and psychological sufferings he has undergone and also ensure to compensate Mr. RavindraVelipfor his medical expenses incurred during his treatment and give this assurance to the NHRC of India in writing immediately and urgently;
Put an end to all acts of attack and harassment against all human rights defenders in the State of Goa to ensure that in all circumstances they carry out their activities without any hindrances;
Takes steps to conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels;
Article 12.2, which provides that “"the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
Recommend urgently and speedily during the pendency of this complaint the SHRC in Goa to also take necessary steps to establish a state focal point for HRDs in order to ensure that HRDs have a new protection mechanism in their own state;
Recommends urgently and speedily during the pendency of this complaint, the NHRC to convene a meeting of all state human rights institutions in the state [the SHRC, the SCW, the SCPCR, the SCM, the SIC, State Commissioner for PWDs, etc.] to ensure that a coordinated strategy is developed within the State of Goa for the protection of the rights of human rights defenders;
Recommend urgently and speedily during the pendency of this complaint the State Government of Goa in collaboration with the NHRC Focal Point on HRDs and the SHRC Goa to provide sensitization training to law enforcement and security forces on the role and activities of human rights defenders as a matter of priority, with technical advice and assistance from relevant United Nations entities, NGOs and other partners;
Recommend urgently and speedily during the pendency of this complaint, the State Government of Goa in collaboration with the SHRC Goa to publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who, “individually and in association with others, … promote[s] and … strive[s] for the protection and realization of human rights and fundamental freedoms at the national and international levels” (art.1 of the Declaration on Human Rights Defenders);
More generally, ensures in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by India is strictly adhered to in the state of Goa.
ADDRESS
Shri A. K. Parashar
National Focal Point – Human Rights Defenders & Joint Registrar
National Human Rights Commission
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023
Email: hrd-nhrc@nic.in
Justice (Retd.) H L Dattu,
Chairperson,
National Human Rights Commission,
Manav Adhikar Bhawan,
Block-C, GPO Complex,
INA, New Delhi – 110 023
Email: chairnhrc@nic.in
Special Rapporteur on the rights to freedom of
peaceful assembly and of association
Mr. Maina Kiai
Palais des NationsCH-1211 Geneva 10Switzerland
Fax: + 41 22 917 9006
Email: freeassembly@ohchr.org info@freeassembly.net
Working Group on the issue of human rights and transnational corporations and other business enterprises
c/o Office of the High Commissioner for Human Rights United Nations Office at Geneva
8-14, avenue de la Paix
1211 Geneva 10, Switzerland e-mail: wg-business@ohchr.org
Mr. Ajit Kumar
Ambassador and Permanent Representative of India to the United Nations
Office and other International Organizations in GenevaTel:
+41-22-731 28 54Fax: +41-22-906 86 96
E-mail: pr.genevapmi@mea.gov.in mission.india@ties.itu.
GOA HUMAN RIGHTS COMMISSION
Old Directorate of Education Building,
1st floor, 18 thJune Road,
Panaji, Goa-403001
Email: sect-ghrc@nic.in
Shri R.K. Srivastava IAS
Chief Secretary Government of Goa
Email : cs-goa@nic.in
Shri T.N. Mohan IPS
Director General of Police – Goa Near Azad Maidan,
Panaji – Goa.
Email :dgpgoa@goapolice.gov.in
Superintendent of Police – Goa South
Near Azad Maidan,
Panaji – Goa.
Email :sps-pol.goa@nic.in
Shri SachinShinde IAS
Collector & District Magistrate – South Goa Email :cols.goa@nic.in