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Mizzima: Court allows Burmese detai
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Court allows Burmese detainees to go to UNHCR
Calcutta, April 10, 2001
Mizzima News Group (www.mizzima.com)
A Chief Judicial Magistrate (CJM) at Port Blair in Andamans Islands
today gave an order that five of the 36 Burmese nationals who are being
detained on the Islands for more than three years can now go to the
United Nations High Commissioner for Refugees (UNHCR) office in New
Delhi to seek protection. But the magistrate has imposed strict
condition saying that they must go by aeroplane, they are not allowed to
meet anyone except their Counsel and UNHCR officials, they must also
report to the Central Bureau of Investigation (CBI) twice a week in
Delhi and they have to come back to Port Blair in two months.
Commenting on the court order, their lawyer Ms. Nandita Haksar said that
the court order is ?politically good as even the judicial magistrate is
allowing them to go? but it is of no use legally and practically.
?Firstly, we are not getting air tickets. You can?t get the tickets in
such a hurry. Secondly, UNHCR itself takes two months before deciding
the refugee status and thirdly, it is extremely expensive and they can?t
afford to go by air all the way to Delhi?, said Ms. Nandita Haksar, a
well-known human rights lawyer in India.
The 36 Burmese nationals (25 belonging to National United Party of
Arakan and 11 to Karen National Union) were arrested in February 1998
during a well-publised ?Operation Leech?, jointly launched by the Indian
navy, air force and Coast Guards. The Indian armed forces at that time
claimed that it was a successful operation against the ?international
gunrunners?.
However, the 36 anti-Burmese junta rebels say that one Indian military
intelligence officer ?Lt. Col. Grewal ? promised them the offer of
Landfall Island in the Andamans to use as their base to fight against
the Burmese military junta. Col. Grewal, after taking thousands of US
dollars and gold from the Burmese rebels betrayed them. They alleged
that six of their leaders were shot dead and all their weapons were also
seized by the Indian armed forces.
It has been more than three years that the Central Bureau of
Investigation (CBI) is still unable to conclude the investigation and it
stands still.
??The magistrate has noticed that the CBI investigating officer has not
appeared in the court. He has not shown the case directory to the
Magistrate, which is mandatory under Indian law. And there is no
investigation because the Chief Judicial Magistrate also noted that the
main evidence is from the Indian defence forces. And the Indian defence
forces have neither handed over the case material to the police, nor
have they witnessed to the CBI?, said Ms. Nandita Haksar.
(Please see related story: www.mizzima.com December 10, 1999 and April
2, 2001)
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<center><b><u><font color="#3333FF"><font size=+2>Court allows Burmese
detainees to go to UNHCR</font></font></u></b></center>
<p><font color="#FF0000"><font size=+1>Calcutta, April 10, 2001</font></font>
<br><font size=+1><font color="#FF0000">Mizzima News Group </font><font color="#3333FF"><a href="http://www.mizzima.com";>(www.mizzima.com)</a></font></font>
<p><font size=+1>A Chief Judicial Magistrate (CJM) at Port Blair in Andamans
Islands today gave an order that five of the 36 Burmese nationals who are
being detained on the Islands for more than three years can now go to the
United Nations High Commissioner for Refugees (UNHCR) office in New Delhi
to seek protection. But the magistrate has imposed strict condition saying
that they must go by aeroplane, they are not allowed to meet anyone except
their Counsel and UNHCR officials, they must also report to the Central
Bureau of Investigation (CBI) twice a week in Delhi and they have to come
back to Port Blair in two months.</font>
<p><font size=+1>Commenting on the court order, their lawyer Ms. Nandita
Haksar said that the court order is ?politically good as even the judicial
magistrate is allowing them to go? but it is of no use legally and practically.
?Firstly, we are not getting air tickets. You can?t get the tickets in
such a hurry. Secondly, UNHCR itself takes two months before deciding the
refugee status and thirdly, it is extremely expensive and they can?t afford
to go by air all the way to Delhi?, said Ms. Nandita Haksar, a well-known
human rights lawyer in India.</font>
<p><font size=+1>The 36 Burmese nationals (25 belonging to National United
Party of Arakan and 11 to Karen National Union) were arrested in February
1998 during a well-publised ?Operation Leech?, jointly launched by the
Indian navy, air force and Coast Guards. The Indian armed forces at that
time claimed that it was a successful operation against the ?international
gunrunners?.</font>
<p><font size=+1>However, the 36 anti-Burmese junta rebels say that one
Indian military intelligence officer ?Lt. Col. Grewal ? promised them the
offer of Landfall Island in the Andamans to use as their base to fight
against the Burmese military junta. Col. Grewal, after taking thousands
of US dollars and gold from the Burmese rebels betrayed them. They alleged
that six of their leaders were shot dead and all their weapons were also
seized by the Indian armed forces.</font>
<p><font size=+1>It has been more than three years that the Central Bureau
of Investigation (CBI) is still unable to conclude the investigation and
it stands still.</font>
<p><font size=+1>??The magistrate has noticed that the CBI investigating
officer has not appeared in the court. He has not shown the case directory
to the Magistrate, which is mandatory under Indian law. And there is no
investigation because the Chief Judicial Magistrate also noted that the
main evidence is from the Indian defence forces. And the Indian defence
forces have neither handed over the case material to the police, nor have
they witnessed to the CBI?, said Ms. Nandita Haksar.</font>
<p><font size=+1>(Please see related story: <a href="http://www.mizzima.com";>www.mizzima.com
</a>December
10, 1999 and April 2, 2001)</font>
<p> </html>
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