E/CN.4/2005/61/Add.1
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Moreover, all the legal and practical aspects of this complex issue were at the time of
the reply being examined, so Mr. Petromelidis - and probably others in a similar
situation - would be given a second chance under the law to perform alternative
service and thus have the charges of military offences having been committed
withdrawn.
India
129. On 15 March 2004, the Special Rapporteur transmitted a communication to the
Government of India regarding the following cases:
(a)
Fr. Stanny Ferreira, a Salesian parish priest of Alirajpur, was
reportedly attacked and severely beaten by a crowd on 17 January 2004. Fr. Ferreira
was reportedly returning by car from Jhabua when his vehicle was shot at and the
driver lost control and hit an electric pole. A crowd allegedly attacked the priest and
beat him while the vehicle was set ablaze. The attack followed the rape and murder of
a 9-year-old girl who was found in the diocesan mission compound in Jhabua on 11
January 2004. It was reported that on 13 January 2004, the Vishwa Hindu Parishad
(VHP) and Sangh Parivar declared a day of protest, allegedly accusing Christians of
the murder. It was alleged that groups related to the Sangh Parivar held processions in
different towns during which effigies of the bishop and priests were burnt, slogans
against Christianity were shouted, and inflammatory leaflets against Christianity were
distributed. On 14 January, a large crowd allegedly entered the campus of the Catholic
Mission School in Jhabua and several priests were beaten, and significant material
damage was incurred. The occupants of the campus were reportedly evacuated. On 15
January 2004, a non-Christian individual who worked in an office near the church
allegedly confessed to the murder;
(b)
On 16 January 2004, a crowd reportedly forcibly entered the premises
of the Church of North India mission in the village of Amjut and distributed antiChristian material, disrupted exams and tore down religious posters. Inhabitants of the
predominantly Christian village, many of whom are second- or third-generation Bhil
converts, reportedly started throwing stones at the attackers, forcing them to flee. It
was reported that, in retaliation, armed Hindu activists descended on the village and
the ensuing clashes led to one death and several injured;
(c)
According to the information received, numerous Muslim men have
been illegally detained since March 2003 in the Gayakwad Haveli Police Station in
Ahmedabad. While it was reported that many of them have subsequently been
formally arrested under the Prevention of Terrorism Act, a large number of illegal
detainees allegedly remained in custody in the police station. It was reported that a
climate of fear was prevailing within the Muslim community in Gujarat, which meant
that most were too afraid to make official complaints about illegal detention or about
torture and ill-treatment. Courts reportedly failed to take action when confronted with
allegations of illegal detention and torture. It was further alleged that the Prevention
of Terrorism Act was being used arbitrarily and punitively against Muslims. It was
reported that the police regularly threatened those illegally detained and their relatives
that they would be charged under the Act if they failed to cooperate or made
complaints about their treatment to the courts or to human rights organizations.