22
November 2002
Professor
Theo C van Bhoven
UN
Special Rapporteur on the question of torture
Office
of the High Commissioner for Human Rights
Palais
Wilson
Rue
de Paquis 52
Geneva,
CH 1201
Switzerland
Subject:
Complaint against torture and ill-treatment of an indigenous
Buddhist monk, Reverend Kyolachai Bhikku from Barbil Buddha
Vihar under Manikchari area of Khagrachari district of the
Chittagong Hill Tracts of Bangladesh.
Dear
Professor van Boven,
I
am writing to seek an immediate joint intervention of the
Special Rapporteur on freedom of religion or belief, Special
Rapporteur on Torture and Special Rapporteur on the
situation of human rights and fundamental freedoms of
indigenous people against the torture and ill-treatment of a
Buddhist monk belonging to indigenous peoples, Reverend
Kyolachai Bhikku from Barbil Buddha Vihar under Manikchari
area of Khagrachari district, Chittagong Hill Tracts of
Bangladesh.
The
Asian Indigenous and Tribal Peoples Network, a NGO having
Special Consultative Status with the ECOSOC, was verifying
the incident. Therefore, the complaint could not be filed
earlier.
On
16 November 2002, about 10.30 am Bangladesh army personnel
led by Subedar Tarikul from Doshvila army camp under
Lakshmichari zone went to Barbil Buddha Vihar under
Manikchari area of Khagrachari district, Chittagong Hill
Tracts, Bangladesh. The soldiers entered the temple with
their shoes on, ransacked it and dragged Reverend Kyolachai
Bhikku out of the temple. He was severely beaten with fists,
sticks and rifle butts in full public view. The army then
hanged him upside down from a tree in the front of the
temple and then again subjected to severe beating while
being kept hanging.
In
addition to Reverend Kyolachai Bhikku, Bangladesh army
personnel tortured a Sraman (disciple and name unknown as
the time of writing the complaint) and Mr Mongshey Marma,
son of Pailaprue Marma of Barbil village.
After
being subjected severe torture, Reverend Bhikku was being
taken to the camp. However, the army released him halfway at
about 1:30 p.m on 16 November 2002.
The army made a false allegation that Reverend Bhikku
harbours terrorists of the area.
In
another incident, the army ordered the villagers of Noapara
in Manikchari under Khagrachari district not to observe
"Katin Chibor Danotsob", a traditional Buddhist
religious festival of the indigenous peoples of the
Chittagong Hill Tracts. The festival was scheduled to take
place on 17 November. No reason was given for the ban.
Background:
The
Chittagong Hill Tracts, sandwiched between the Arakan hills
of Burma and the Northeast India is the homeland of ten
different ethnic nationalities namely the Chakma, Marma,
Tripura, Khiyang, Lushai, Khumi, Chak, Murung, Bowm and
Pankoo. They are collectively known as Jumma, a term used by
the Chittagonian Bangalees, for their shifting cultivation
or Jum cultivation.
Since
1975, the indigenous Jumma peoples of the Chittagong Hill
Tracts of Bangladesh have been subjected to serious human
rights abuses including large-scale massacres. Over half a
million Bengali plains' settlers were transferred into the
CHTs with a view to make indigenous Jumma peoples minority
in their own land. Massacres of the Jummas by the Bangladesh
security forces and the illegal plain settlers forced 70,000
Jummas, approximately 10% of the total Jumma population to
seek shelter in Tripura State of India in 1986, 1989 and
1993. After the signing of the Chittagong Hill Tracts Peace
Accord on 2 December 1997, all the refugees returned.
Even
after signing the Peace Accord, there has been little
improvement of the human rights situation in the Chittagong
Hill Tracts. Over one hundred Jummas have been arrested.
Many have been extrajudicially executed.
The
United Nations Special Rapporteur on Religious Intolerance,
Abdelfattah Amor, visited Bangladesh on 13-24 May 2000. In
his report (A/55/280/Add.2) to the General Assembly
following his visit to Bangladesh, Mr Amor stated that
“many representatives of the indigenous community
described how they had been traumatized by the incident of
16 October 1999. Following an altercation between indigenous
people of the Jumma tribe, which had arisen after a Bengali
soldier had molested a Jumma woman, the army — assisted by
around 150 Bengali civilians — attacked the Jumma of Babu
Chara Bazar at Dighinala Thana/Khagrachari, leading to the
deaths of three members of the indigenous population. The
assailants also proceeded to sack the Buddhist temple of
Benuban, attacked monks, and damaged statues of the Buddha.
Even though a commission of enquiry had been set up, and
some victims compensated, this particular incident had
created a genuine feeling of insecurity among lay and
religious members of the indigenous community in the
Chittagong Hill Tracts, who were faced with an army and a
police force consisting entirely of Muslim Bengalis. Those
consulted also explained that their communities were subject
to covert pressure from Islamic non-governmental
organizations, and even Muslim extremist groups seeking to
convert them to Islam, notably in return for services or
money. Certain representatives interpreted the financial
assistance provided by the State for the construction of new
madrasahs and mosques as a discriminatory policy favouring
Islam, since, in contrast, indigenous religious institutions
received meagre public subsidies.” (A/55/280/Add.2)
The
situation in the Chittagong Hill Tracts has deteriorated
since the visit of the Special Rapportuer. A mere 29 camps
out of about 500 military camps in the CHTs have reportedly
been withdrawn since December 1997.
The
army continues to commit human rights violations including
infringement of religious freedom. Most of the recent
victims have been members of United Peoples Democratic
Front, Hill Watch Human Rights Forum, Hill Peoples Council (HPC),
Hill Students Council (HSC) and Hill Women Federation (HWF),
which have criticised the Accord. These organizations hold
that the Accord failed to address the question of
constitutional recognition of the distinct identity of the
Jummas. These organizations have been demanding, autonomy
with a self governing legislature, withdrawal of illegal
plainsmen settlers and military camps and return of the
lands to the original Jumma owners.
Requested
Actions:
I
shall be grateful if the Special Rapporteurs could kindly
make a joint intervention with the government of Bangladesh
to request the government of Bangladesh to:
1. Order an inquiry into
the torture of Reverend Kyolachai Bhikku, Sraman and Mr
Mongshey Marma and report to the Special Rapporteurs;.
2. Take necessary action
against the guilty army personnel responsible for the
torture and violation of religious freedom;
3. Pay compensation to
the victims; and
4. Ensure respect for
religious freedom of the indigenous peoples of the
Chittagong Hill Tracts by taking various measures including
issuance of public information/directions to the law
enforcement personnel not to interfere and violate the
religious freedoms of the indigenous peoples;
With
kind regards,
Yours
sincerely
Suhas
Chakma
Coordinator
Copy
to:
Mr
Abdelfattah Amor
Special
Rapporteur on freedom of religion and belief
Office
of the High Commissioner for Human Rights
Palais
Wilson
Rue
de Paquis 52
Geneva,
CH 1201
Switzerland
Mr
Rudolfo Stavenhagen
Special
Rapporteur on human rights and fundamental freedom of
indigenous people
Office
of the High Commissioner for Human Rights
Palais
Wilson
Rue
de Paquis 52
Geneva,
CH 1201
Switzerland
