The Hindu : National : 'Gujarat witnesses intimidated, harassed'

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Friday, Sep 24, 2004

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National

'Gujarat witnesses intimidated, harassed'

By Our Special Correspondent

MUMBAI, SEPT. 23. Even as the Best Bakery trial gets under way here, the New York-based Human Rights Watch (HRW) has released a 30-page report documenting the intimidation and harassment of witnesses in cases relating to the Gujarat communal violence in 2002.

Titled "Discouraging Dissent: Intimidation and Harassment of Witnesses, Human Rights Activists and Lawyers," the report documents the experiences of those who have come forward to provide testimony about the communal conflagration. The report concludes that the Gujarat Government has created an "extremely hostile environment" that has "encouraged a climate of impunity." As a result, those identified as having participated in the violence are openly threatening activists and witnesses who want to pursue justice. "No credible witness protection programme has been established by the State Government, which seems more interested in protecting those responsible for the violence than witnesses and victims," concludes the report.

The HRW has interviewed a large number of people in Gujarat and elsewhere. Its inquiries have revealed that apart from direct threats of violence to witnesses and activists, the Gujarat Government has initiated inquiries by the Charity Commissioner of Ahmedabad against those organisations who made an open appeal to the Central Government in June this year asking for all closed cases and cases of acquittal to be reopened. They also called for a special judicial commission to inquire into the Godhra incident. Most of these organisations had visits from the Charity Commissioner's office and some also had Intelligence Bureau staff visiting them.

Anonymous calls

The intimidation of witnesses, states the report, has been even more direct. Many threats are anonymous. The report quotes the experience of a local activist, Rais Khan, who has been trying to encourage witnesses to testify in the riot-related cases. In June 2003, he was threatened by a group of "Hindu extremists" when he was escorting some witnesses deposing before an official inquiry. In November 2003, he received anonymous threats on his mobile phone with a male voice threatening to "finish him off" and saying, "We are keeping track of you every minute." Again in April this year, he received a call on his mobile phone demanding that he stop working on the riot-related cases.

Teesta Setalvad, Mumbai-based human rights activist, who has diligently followed the Gujarat cases, has also received anonymous sexually abusive calls as well as unidentified men turning up at her office. Similarly, Father Cedric Prakash, Ahmedabad-based priest, who has worked for communal harmony has been targeted for attack and abuse. Several lawyers like Suhel Tirmizi and Huma Khan, who have taken on the riot-related cases, have received abusive anonymous phone calls and warnings. Tirmizi said: "Most lawyers in Gujarat are too scared to take up the riot related cases. They feel isolated and do not want to face threats... I used to oppose bail applications of the accused, which is when I was identified and later threatened."

The Human Rights Watch has called upon the Central and the Gujarat Governments to ensure the safety of activists, lawyers, victims and witnesses, to ensure a "credible and effective witness protection programme" and to include long-term rehabilitation of survivors and witnesses to the violence. It has also urged the Government institute a CBI inquiry into all allegations of intimidation and witness tampering by officials and political groups in Gujarat.

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