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.
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