Rohingya people (including women and children) with family helplessly crossed Indian border and sent to prison. Please save them.

Kirity Roy<> / 9 March 2017 at 13:41
To: "Justice Shri H. L. Dattu" <>,
Cc: FRRO Kolkata <>, Home Ministry <>, BDO Swarupnagar <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DG BSF <>, DM North 24 Pgs <>, MHA JS Human Rights <>, MHA JS Border Management <>, Pro Bsf <>, Sdo Basirhat <>, SP North 24 Parganas <>, UN SR Migration <>, UN SR On Torture <>, UN SR On Trafficking <>, UN SR Poverty <>, UN SR Racism <>, Ragini Trakroo Zutshi <>

To 9 March 2017

The Chairman,

National Human Rights Commission,

Manav Adhikar Bhawan,

Block-C, GPO Complex, INA,

New Delhi- 110023

Respected Sir,

I lodge this present complaint seeking your intervention where the following persons being Rohingya Muslims from Myanmar were arrested by the police of Swarupnagar Police Station and registered a criminal case against them under section 14/14C of Foreigners Act. The number of the criminal case is Swarupnagar Police Station Case no.39/2017 dated 16.01.2017.

The particulars of those persons are as follows:-

Ms. Amina Hatur, wife of- Mr. Ammat Ujhan, aged about-18 years, of village-Pumburijhaw, Police Station & District-Mandu(Myanmar) along with her four lap babies namely Jafal Alam(08 years old), Robi Alam(06years old), Sabu Alam(04 years old) and Umar Alam(03 years old).

Setara Begum, wife of-Md. Rafik, aged about-20 years, of village-Ranguna, Police Station & District-Mandu(Myanmar) along with her two lap babies namely Md. Farshan(09 years old) and Md. Iyasin(03 years old).

Setara Begum, wife of-Ayatulla Kumuni, aged about-18 years, of village-Bujidong, Police Station-Baguna, District-Mandu(Myanmar) along with her one lap baby namely Jannat ara(02 years old).

Ms. Kalima Khatun, daughter of Abu Sayed, aged about-18 years, of village-Balowali, Post Office & Police Station-Mandu(Myanmar).

Mr. Ammat Ujhan, son of-Nobi Hossain, aged about-28 years, of village-Pumburijhaw, Police Station & District-Mandu(Myanmar0 along with his nephew namely Farid Alam, son of Ammatja Alam, aged about-11 years, of village-Kamburison, Police Station & District-Mandu(Myanmar).

Md. Asmatulla, son of-Md. Ridwan, aged about-18 years, of village & Police Station-Crinchaw, District-Mandu(Myanmar).

Md. Ayas, son of-Abu Sayed, aged about-18 years, of village-Balowali, Post Office & Police Station-Mandu(Myanmar).

Mr. Ayatulla Kumuni, son of Md. Hossain Kumuni, aged about-25 years, of village-Bujidong, Police Station-Baguna, District-Mandu(Myanmar).

Md. Rafik, son of Md. Dil Mohammad, aged about-35 years, of village-Ranguna, Police Station & District-Mandu(Myanmar).

The prosecution was registered against them merely on the allegation that they entered into India without any valid document but the law enforcement agency failed to appreciate the fact that those aforesaid persons belong to Rohingya Muslim Community which is an oppressed ethnic minority community in Myanmar. In Myanmar, Rohingyas are not considered full citizens and are systematically and officially robbed of their basic civil, political, social and cultural rights. They are routinely subjected to arbitrary arrest, torture and forced labour. In view of the prevailing circumstances in Myanmar, the Rohingya people had no alternative except to flee Myanmar.

The law enforcement agency also ignored that they are stateless persons who shall suffer death, bodily injury or other grave human rights violations if repatriated to Myanmar after serving the sentence if any pronounced against them in the prosecution. As per Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as was adopted by the United Nations General Assembly on 10thDecember, 1984 to which India is a signatory, the law enforcing agency is obligated not to forcibly repatriate them to Myanmar.

They have the right to seek and enjoy in other countries asylum from persecution and such right flows from Article 14 of the Universal Declaration of Human Rights and thus denying them of such right is an absolute violation of the principles enshrined under the Universal Declaration of Human Rights, 1948 which the Government of India is bound to respect and follow having ratified the same.

I lodge this present complaint seeking appropriate intervention from the Commission since the Commission earlier showed its intervention for protection of human rights of the refugees from Myanmar when the Commission issued notice to the Government of Tamil Nadu over allegations of harassment of refugees from Myanmar(NHRC press release dated 07.09.2015). I hope that the Commission shall consider the following demands of justice for the victims:-

The concerned authorities must be directed to make a through enquiry on the situation of the victims and they should be given proper opportunity to seek refugee status from UNHCR.

The prosecution registered against the victims should be withdrawn immediately considering the facts and circumstances of the victims.

The victims should be kept in a shelter home instead of jail till handed over to UNHCR.

·Any other action as the Commission may deem fit and proper.

Thanking you

Yours truly

Kirity Roy

Secretary, MASUM

National Convener, PACTI