A/HRC/13/40/Add.1 2. (a) Communication sent on 5 November 2008 jointly with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Independent Expert on minority issues Allegations transmitted to the Government 103. The Special Procedures mandate holders brought to the attention of the Government information they had received concerning the eruption of violence between the Bodo tribal and the Muslim communities in the Indian state of Assam. Summaries of this communication as well as observations of the Special Rapporteur are already reproduced in A/HRC/10/8/Add.1, paras. 50-54. (b) Response from the Government dated 25 June 2009 104. By letter dated 25 June 2009, the Government of India informed the Special Rapporteurs that of the 57 persons killed in the communal clashes that occurred in Darrang and Uladguri districts of Assam in the first week of October 2008, 23 persons were killed as a result of police firing and 34 persons were killed during the clashes. The Government emphasized that, at all times, the police opened fire at the mobs only as a last resort, as per the due procedure established under the law, on the orders of the Executive Magistrate who accompanied the police as required under the law, and only after the violent crowds had been given sufficient warning to disperse, other forms of milder tactics like baton charge and use of tear gas did not have any impact on these crowds, and the situation deteriorated to a point where there was no other alternative. The Government indicated that the use of force by the police had been both legitimate and proportional. It also noted that the intensity of the clashes reduced sharply subsequent to the firing by the police. 105. The Government indicated that a judicial inquiry, headed by a retired judge of Assam High Court, into the communal clashes had been ordered. Furthermore, the state authorities took all adequate steps to provide humanitarian aid to the affected people and to facilitate the safe return to their homes. Of the approximately 216,000 persons who had been displaced and put up in 98 relief camps, almost all people had returned to their villages and virtually all relief camps had been shut down by early March 2009, except for about 1,040 people who were in the process of being sent to their villages. Apart from providing 2.5 crores Indian Rupees (about USD 500,000) for relief measures in each district, the state authorities sanctioned payment of 3 lakhs Indian Rupees (about USD 6,000) to the next of kin of each person killed in the clashes. An amount of 50,000 Indian Rupees (about USD 1,000) was also sanctioned for each of those grievously injured. The authorities provided food, blankets, mosquito nets and, separately, building material and cash amounts to each family that had lost its home. The Government indicated that separate grants were sanctioned for rebuilding schools and colleges that had been affected by the violence. (c) Observations of the Special Rapporteur 106. The Special Rapporteur is grateful that the Government of India replied to the communication of 5 November 2008. 29

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