Notes From India: Prisoner Realities and Additional Challenges for Inmates With Disabilities

Notes From India: Prisoner Realities and Additional Challenges for Inmates With Disabilities

Emily Schneider
Special Contributor, Blog Entry #2

“I’ve never seen so many men fighting before,” said a young attorney, who sat across the desk from me and the rest of our group of five.  She was just returning from a walk-through, of another part of the prison, which we were all visiting that day and describing her experience.

“While we were standing there, speaking with a supervisor, one of the men started to punch another.  One had a razor, or a piece of wire, and cut the other; there was so much blood.  Soon after, all the guards rushed in and grabbed the man who started the fight.  They beat him repeatedly, on the face, the arms, and stomach. When he finally fell down they picked him up and carried him off.”

My supervisor asked where they took the man who instigated the fight.

“We asked one of the prisoners what would happen to him and he told us the guards would put him in solitary confinement for a few days and then release him back into the large cell with the group,” she replied

After hearing this story, we all sat there in disbelief.  My supervisor explained to me that they were familiar with the reality that guards habitually beat inmates but had never seen it firsthand. This time the HRLN attorneys witnessed such a beating and might be able to use the experience to file a petition for a public interest litigation (PIL).

“After things calmed down, we asked the guard giving us the tour of the jail what normal procedure was for incidents like this.  His response was that we, “Just saw it.”  He also mentioned that the guards at this particular jail are specially trained in calming prisoners down.  Sometimes they are even sent to other facilities, including the women’s jail, to enforce peace.

I asked him why there would be a need to send male guards to the women’s jail as the female guards stationed at them are supposed to enforce the peace.  He looked right at me and said, “Yes, but there are some things a man is needed for.”  I think he knew right away that he had said too much because he didn’t answer the rest of our questions.

It was my second week working at HRLN and I was in a meeting for the disability rights initiative.  The woman speaking was a young attorney who was assigned to the disability department.  She and two other attorneys were investigating torture and cruel treatment of prisoners with disabilities in jail.  When I first joined the disability rights initiative I was a bit disappointed; I was hoping to be assigned to the anti-trafficking or reproductive rights departments.  Disability law was something I could do in the U.S. and I was looking for new experiences at HRLN.

However, India’s treatment of persons with disabilities is so atrocious that the issues tackled by the disability rights initiative at HRLN are not even remotely similar to the problems facing people with disabilities in the United States.  In India, there is nothing in the government system that is designed to provide any form of aid to these people.

My research of Indian law, found that almost no provisions are given to support, or provide, for persons with disabilities in any sector.  There is no help for them in obtaining: education, employment, transportation, and juvenile justice legislation.  Instead, persons with disabilities are treated as second class citizens and are denied equal access to employment, education and housing.  Worse, some are placed in substandard institutions for the rest of their lives.

HRLN takes on high-impact public interest litigation cases to try and change the standard for persons living with disabilities and bring the domestic laws of India up to general international standards, and to achieve compliance with the UN Convention on Rights of Persons with Disabilities.

The lack of provisions for persons with disabilities in daily aspects of life is disheartening itself, but when persons with disabilities are denied care during incarceration, a whole new set of problems arises.  In a recent case, adopted by HRLN, a physically handicapped prisoner was put in a large cell with other inmates where he was expected to share a single toilet and shower facility.  He could not walk the length of the cell to the toilet, nor could he stand up to use the facilities if he was lucky enough to get to them.  Instead, he was forced to defecate in his bed and went without showering for a month.

It was not surprising that because of this he developed bed sores that got badly infected.  To add to his predicament, he was able to eat only when the guards delivered his meal within arms length.  If they didn’t slide it far enough into the cell then he didn’t eat that day.

The prisoner recently died and his family approached HRLN, asking them to take the case. HRLN is planning to argue that this treatment denied the prisoner basic human rights and violated India’s obligations to ensure these basic rights under international law.  Sadly, like so many others, this case is now in a purgatory-like “pending” stage due to the Indian courts’ system being flooded by more cases than they can even remotely hope to handle.

 

Emily Schneider is a third-year law student at Syracuse University College of Law.  She will be contributing to Impunity Watch by blogging about her experiences in India, where she is spending her summer working as an intern.  

Egypt’s Army Retains Political Power During Presidential Uncertainty

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

CAIRO, Egypt — As uncertainty surrounds the result of last Sunday’s presidential runoff, the Supreme Council of Armed Forces (SCAF) issued a declaration to retain the authority to exercise legislative powers until a new parliament is elected.  These powers include control over the budget, and over who writes the permanent constitution.  The organisation also retained the power of authority over the army, limiting the president’s power as commander-in-chief, only granting him the power to declare war with the military council’s approval.

Assar and Shahin
Generals Mohammed Al-Assar (left) and Mamdouh Shahin discuss the SCAF's decision to retain legislative power. (Photo Courtesy of Al Jazeera)

The SCAF’s decision was made after it dissolved parliament, the majority of whose members were part of the Muslim Brotherhood.  The dissolution occurred after the Supreme Constitutional Court ruled last year’s legislative polls unconstitutional because party members contested seats in the lower house that were intended to be reserved for independents.

Its actions have been met with criticism.  Mohamed ElBaradei, a prominent political figure, believes they are a “grave setback for democracy and revolution.”  Former presidential candidate Hamden Sabahi considers them to be “a seizure of the future of Egypt.”

Mohammed Al-Assar, a general of the SCAF, assured those concerned with the power grab that it was temporary.  At a press conference, Al-Assar said “we’ll never tire or be bored from assuring everyone that we will hand over power before the end of June.”  Last Sunday, the group issued a decree stating that it will retain these powers until a new parliament is elected.

It is also likely that the next Egyptian president will have a short term, and will be replaced after a new constitution is drafted.  Sameh Ashour, head of the SCAF’s advisory council, said that “[t]he upcoming president will occupy the office for a short period of time, whether or not he agrees.  His office term will be short despite the huge efforts exerted in the election campaigns.”

A statement issued by the SCAF said that a “constitutional commission representing all segments of society” will have three months to draft a new constitution.  The organization will also have the power to veto anything in the new constitution it objects to as “contrary to the interests of the country.”  The group also holds the right to form a new constitutional commission if it believes there is a setback “preventing them from performing their work.”  Lastly, the declaration grants SCAF chief Marshall Hussein Tantawi “power to decide all matters within the armed forces, the appointment of its commanders, and the extension of their service.”

Yesterday’s runoff has been marred with confusion over the vote count as both Muslim Brotherhood candidate Mohammed Mursi, and former Prime Minister Ahmed Shafiq claimed victory.  The Brotherhood’s unofficial tally has Mursi winning 52.5 percent of the votes.  Shafiq accused Mursi of miscounting the votes, with his camp claiming that he had won with 52 percent.

The Brotherhood is critical of the SCAF’s decree, finding it “null and unconstitutional.”  Ahmed Abdel-Atti, Mursi’s campaign director, expects “popular action” against the group’s undertakings in the near future.

For further information, please see:

Albawaba — Egypt: Muslim Brotherhoods Claim Presidential Victory — 18 June 2012

Al Jazeera — Political Uncertainty Threatens Egypt — 18 June 2012

BBC News — Egypt’s Military Grants Itself Sweeping Powers — 18 June 2012

Reuters — Egypt Rivals Claim Presidency as Army Tightens Grip — 18 June 2012

Syrian Revolution Digest – Tuesday 19 June 2012

THE COMMENTARY IN THIS PIECE DOES NOT NECESSARILY REFLECT THE VIEWS OF IMPUNITY WATCH.  

*WARNING VIDEOS MAY CONTAIN GRAPHIC IMAGES*

Updates from the Road (1)

Russia will not be part of the solution in Syria. Yemeni-style scenarios are unlikely. Obama needs to hit the reset button again. There is little time left to save a country and a region from a meltdown.

Tuesday June 19, 2012

News

Op-Eds & Special Reports

Sectarian realities in Homs

USA Politics and Syria

On the personal front

Getting Serious on Syria: my participation in a panel at the American Enterprise Institute where the keynote speaker was Senator McCain: Excerpt from my intervention, the whole event.

More fall-outs from our April trip to Kosovo: The Pristina-Damascus Connection

Over the next 5-7 days, I will be taking part in a series of activities that will take up most of my time and might, therefore, be unable to update the blog as regularly and extensively as I want. But I will be back in full force soon.

Syrian Network for Human Rights: Documenting the Widespread Massacres

In the past few weeks the number of massacres taking place around Syria drastically increased.  The Syrian Network for Human Rights, in collaboration with the Damascus Center for Human Rights Studies, have documented a number of them.  Below is their summarized reports for the past four massacres; beginning with the most recent.

Douma | 16 June 2012

The Syrian regime’s combat forces launched a fierce and concentrated attack on the city of Douma, located to the east of the capital Damascus. The residents came under continual mortar shelling by the forces surrounding the city; additionally there was intense shelling originating from the vehicles administration headquarters, which is located in the neighbouring city of Harasta. The shelling went through the night until dawn; it stopped around 3:00 am.

Artillery shelling was concentrated on residential quarters located behind the mosques of Haseeba and Al-Agha. Eight people, including three women, were killed at the onset, when shelling targeted a residential building. This was a clear indication that shelling was random with the intent of killing for the sake of killing. This building, the first target, is located between the Great Mosque and Haseeba Mosque and the area is one of the most densely populated quarters of the city.

We were not able to access the inflicted area to provide assistance due to the full siege and the Syrian government’s refusal to give access to any Human Rights or relief organization to work on the Syrian territories.  By contacting locals and victims’ relatives, we were able to confirm eight names of the victims who fell to the shelling and documented at least 40 wounded, including four people with very critical injuries.

There is a severe shortage of medical necessities because the Syrian government hinders the transport of the wounded and the injured to hospitals, so they are treated in houses that lack real medical supplies or preparation facilities.

Saqba | 16 June 2012

The Syrian regime forces moved from Douma to Saqba on this same day.  Upon entering the city, which is located east of Damascus, they quickly took control and began to instill terror in the residents.  Tanks, armoured vehicles and infantry advanced from the south (from the Kafr Batana region), the north (from the Hamouriya direction), the west (from the Hazza direction), and the east (from the Jesreen direction). This entry in the city was followed by raid campaigns, around a square known as Al-Jameiya, while other combat troops moved to the secondary school street, and remaining troops moved to the northern area of Al-Jouzeh.

One of the tanks, positioned in the city centre, fired a shell on a residential building; this caused severe damage in the building and several injuries, including a child who received an injury to the eye.  Dozens of residents were arrested. We were able to identify a few of them from the Al-Khawaja family. Following this, troops moved to the Al-Mahfara area, to the west of the city, where they looted commercial shops.

The horrendous massacre harvested the lives of 19 civilians including a woman and a child. We have been able to contact residents to confirm and document the names of victims. To add insult to injury, some of the victims were slaughtered by knives in a revengeful, sadist fashion that was reminiscent of the Dark Ages and reflected a mindset of the utmost savagery.

Maarat Al-Numan | 10 June 2012

 During the night, the Syrian regime’s army forces shelled the city of Maarat al-Numan with many mortar shells, which are internationally considered to be inaccurate.  This mortar shelling is hard evidence, and a clear indicator, that the Syrian regime does not discriminate between the killing of a child, a woman or a young man. This reality is readily apparent on the ground as a high number of children and women are killed.

The preliminary death toll stands at thirteen victims.  The victims’ body parts were scattered in the streets following the attack.  More than 90 people were wounded, 25 of whom suffer from severe and critical injuries. As usual, the Syrian regime has cut off all means of communications and prevented doctors from treating the wounded or transporting them to safer zones where medical care necessities are available.  Many houses and shops were damaged from the attack as well.

Dar’aa | 9 June 2012

The Syrian regime’s army and security forces launched a fierce attack on the city using mortars, which the international community considers to be random inaccurate projectile, and heavy machineguns. Those shells hit the houses of:

Suliaman Shihadeh Aba Zeed, Adnan Dyab Aba Zeed, Ibrahim Mifleh Aba Zeed, Muhammad Kheir Aba Zeed, Yusuf Aba Zeed, Abu Nasir Abu Al-Qayasin al-Bajabja neighbourhood

A shell fell on al-Dallou family house killing 7 members of the family and burning down the house.  Residents recovered the bodies of Mansour Rizq Aba Zeed, Rita Rizq Aba Zeed and Rizq Hasan Shihada from under the rubble.

The regime’s army snipers, stationed at the roof of the national hospital, targeted citizens who came to donate blood following the attack.  The regime’s army checkpoint, stationed at Al-Sad road, targeted a civilian car that was transporting the wounded to the makeshift hospital, killing the volunteer in the process.

 

For further information, please visit the website listed below:

Syrian Network for Human Rights