Defensa de JOH insiste que testimonio de analista de la DEA es falso y solici...
Chiriabera factfinding report (english)
1. 1
Brutal beating of Adivasis of Chiriabera by CRPF exposes the
anti-Adivasi face of security forces
Report of fact-finding inquiry
On 16 June 2020, activists based in West Singhbhum received a news that some people of Chiriabera
village (Goilkera block) were brutally beaten by the CRPF during a search operation the previous day.
However, a few local newspapers reported on 17 June that Maoists had beaten the people. Other
members of Jharkhand Janadhikar Mahasabha were informed of this incident on 17 June.
A team of activists went to Chiriabera on 19 June to inquire into the incident (report attached). Their
report helped in bringing out the issue in the public domain. It was followed by fact-finding visits of a
team of Jharkhand Janadhikar Mahasabha, comprising of representatives of various organisations. The
objectives of the fact-finding were to inquire into the violence in the village and assess the government’s
response to the violence. The team met the victims and visited the village on 24-25 June and 14 July.
The team also analysed the response of the local administration and police and the reports carried by
the local media.
The team comprised representatives of Adivasi Women’s Network, Adivasi Adhikar Manch, Bagaicha,
Bhumi Bachao Samanavay Manch, Kolhan, Human Rights Law Network, JOHAR, Kolhan Adivasi
Young Star Unity, Our Land Our Life. The team members were - Anup Aggarwal, Bineet Mundu, Elina
Horo, Kamal Purty, Manjit Hasda, Manki Tubid, Mily Birua, P. M. Tony, Praful Linda, Ramesh Jerai,
Reyance Samad, Seerat Kachhap, Siraj Dutta.
Findings of the team
Details of the village
Chiriabera is a forest-based hamlet (vangram) of Anjerbera revenue village. Anjerbara falls under the
Pandabir Gram Panchayat of Khuntpani block and is about 21 km from the district headquarters.
Chiriabera is six km from Anjerbera and geographically falls in the Goilkera block. It is surrounded by
forests and hills on all sides. There are about 25-30 households in Chiriabera and most belong to the
Adivasi Ho community. The people speak Ho language. The people of the village are mainly dependent
on agriculture and forest-based produces (such as dry wood, datun, leaf plates etc) for their livelihood.
All households also have livestock, mainly goat.
The vangram was established about 50 years ago. The villagers applied for pattas (in Chiriabera) under
the Forest Right Act two years ago but their application is yet to be processed by the administration.
The village falls under the Kainua Pir (cluster of villages under a Manki – as part of the traditional
governance system of Munda-Manki institution).
There is no Anganwadi in Chiriabera. The nearest primary school is in Anjerbera, 6 km from the village.
Most children of Chiriabera do not go to school as it is far and through dense forests (without any source
of public transport). There is no tubewell or well in this village. People construct chuan (drinking water
pit) every year for drinking water. Some households do not have ration cards. MGNREGA schemes
have not been implemented in the village since a long time.
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Details of the Violence
On 15 June, about 20 persons were helping to repair the roof of Bonj Surin’s hut in Chiriabera. At about
12:30 pm, more than a dozen armed personnel of CRPF came to the village through the forest and
surrounded Bonj’s house. Eventually, about 150-200 CRPF personnel and police came in the village.
The personnel wore CRPF fatigues and boots. They were tall and well-built. Many were fair and had
crew cut hair. They had big guns (and guns that could be fixed on stands) and bags with antennas
(wireless units). Many were carrying large black bags. They also had big dogs on leash.
The CRPF personnel asked the villagers working on the roof, in Hindi, to come down. As most of the
villagers do not understand or speak Hindi, they could not understand what was being said. They
realised by the shouts and gestures of the CRPF personnel that they had to come down. They were asked
in Hindi about the whereabouts of Naxals. The people responded in Ho that they did not understand
Hindi and did not know the whereabouts of Naxals. The CRPF personnel started abusing the villagers
on their inability to respond in Hindi. They then brutally beat the 20 people, one by one. The CRPF
personnel used wooden sticks, batons, rifle butts and boots to beat the villager. Many victims and
villagers told the fact-finding team that the whole area was resonating with their painful cries.
One of the victim, Ram Surin’s house was completely ransacked by the personnel. The trunks were
broken and bags were torn. Essential ration supplies stored in the house – paddy, rice, pulses, peas –
were thrown around and destroyed. Documents kept in the trunks – khatiyan (land document),
malguzari raseed (land tax receipt) and Aadhaar of family members – were burnt by the personnel. The
family had recently sold goats for Rs. 35,000 and kept the money in the trunk. The money was missing
after the raid by the CRPF. Neither did the CRPF find any document of naxals in this house or with the
victims nor did they collect and take away any document after the raid.
About 20 people were beaten by the CRPF. Amongst them, 11 were severely beaten. Of these 11, three
sustained grievous injuries. The following testimonies of the victims expose the brutality of CRPF’s
violence unleashed on the people:
Bamia Surin is a 23-years old man. He said, “The CRPF asked me about Naxals. I cannot speak
Hindi. When I responded in Ho that I did not know, I was hit with sticks and butts of the gun.
Afterwards, two soldiers grabbed my hands from both sides and another soldier started beating
me. Then my hands were tied; they were tied so tight that they got swollen. I was repeatedly
hit on the chest until I fell down on the ground. Even after that, a CRPF person kicked and
jumped on me. I fell unconscious because of the beating. I was beaten again after regaining
consciousness. I have sustained injuries on my back, chest, and waist and could not walk after
the beating. Severe pain in my ribs and waist continue.”
Madho Kayam is a 16-year old boy. He said, “I was there when the CRPF men arrived. It was
around noon. One of the men in uniform came and asked all those who were on the roof,
(repairing it). A tall person from among the CRPF men asked me to speak in Hindi. I could not
speak in Hindi and then he hit me with a stick in his hand. Later he began to hit me with the
butt of his gun. He hit me on my chest, back and even face until I bled from my nostrils and
mouth. My hands were tied, he kicked me and made me lay on the rocky ground in the scourging
sun.”
Gonor Tomsoy is a 53-year old widow. She said, “When I saw our innocent people were being
beaten up, I could not stop myself and tried to mediate. I asked the CRPF about why they were
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beating the innocent villagers. Then a CRPF man threw me on the rocky ground and dragged
me for some distance. Then, two CRPF men stamped my hands under their shoes. After some
time, they left me. The CRPF beat the villagers so brutally that the whole area was resonating
with their painful cries. Hearing this, tears started flowing in my eyes. I could just watch. The
soldiers threw food items from the house and burnt the Aadhaar card and some other papers in
a stove outside. After some time, they headed towards the north.”
Bamia Bahanda is a 14-year old boy. He said, “Around noon I was returning home from the
field. I was hungry. On the way, I met the CRPF personnel. They verbally abused me and
slapped me thrice. A CRPF soldier twisted my ears and made me sit under the sun.”
Bonj Surin is 42-year old man whose house was being repaired. He said, “The CRPF personnel
reached there and asked everyone to come down from the roof. I was asked by the CRPF
whether people wearing black shirts had come to the village. I told them in Ho that I and the
others did not know anything about them. Then the CRPF personnel tied hands of the victims
behind their backs and started beating them with sticks and butts. I was forced to lay on the
ground under the sun at gunpoint.”
Ram Surin, aged 44,, stated “I had gone for fishing in the nearby river just before the incident.
On returning home, I found that my son was crying badly of pain. His body was badly injured.
All the household materials were scattered. The family members’ Aadhaar cards, revenue
receipt and the land record documents were missing. Later I found that a sum of Rs. 35,000,
which I had saved by selling goats and chicken to repair my house, was also missing.”
Gurucharan Purti, aged 25, said, “I was working on the roof. I was called down by the CRPF
and kicked on my chest. Then both my hands were grabbed by two soldiers and another beat
me with a stick. When one stick was broken, I was beaten again with another stick until I
fainted.”
Sinu Sundi, aged 17, stated, “I was on the roof when we were surrounded and asked to step
down. When the men working on the roof came down, they were asked about Naxals. As I
could not speak Hindi very well, Iresponded in Ho that I did not know. I was asked to speak in
Hindi. I said in Ho that I did not know Hindi well. Then, I was beaten with a thick wooden
stick. Then the CRPF removed my shirt from my shoulders. As I regularly carried wood from
the jungle on my shoulders, a slightly darkened patch had developed over the skin. Seeing the
patch, the CRPF men started shouting that I was a Naxal. Then, I was brutally beaten. I was
made to lie down on my stomach on a wooden plank and beaten so severely that my waist, legs
and other parts of the body had swollen up.”
Sidiu Jojo, aged 19, said, “After getting off the roof, I was asked to show them the place where
drinking water was available. While I was taking them to the chuan (water-source), I was
continuously beaten by butts of the guns. I was beaten at the water-source too. I fainted for
some moments due to the beating. On regaining consciousness, I was asked to carry water for
the CRPF personnel to drink. I was repeatedly asked to speak in Hindi. The CRPF men said
that I would get Rs. 10000 if I spoke in Hindi. If not, I would be sent to jail. I was shown a
knife and told that I would be killed, if I did not speak in Hindi.”
Singe Purti, aged 24, said that he was asked about Naxalites. He was kicked 8-10 times.
Dobro Surin, aged 19, stated, “I was the first to get off the roof. The CRPF personnel could not
understand me as I spoke in Ho. I was asked to lie down under the sun and close my eyes. I was
beaten after I laid down. A villager Sulup Gope was kicked on his chest when he opened his
eye after he had laid down. He was then made to lie down on the rocky ground after which he
lost consciousness.”
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Domke Tamsoy, aged 22, said, “After getting off the roof, I was asked to speak in Hindi. As
the villagers were not able to speak Hindi properly, everyone was beaten up. A person, scared
of being beaten, started running away when the beating started. He was caught and badly
beaten. My head was repeatedly hit on a stone which caused internal injury.”
Guna Gope, aged 29 years, said, “I was also working on the roof. The CRPF came and ordered
us to get down. Then they asked us in Hindi but we could not respond. Then they asked me that
how come I did not know Hindi and started beating me. I am physically disabled. One of my
hands is deformed since childhood. The CRPF personnel said that my hand must have gotten
cut due to bullets and I must be a Naxal. I was then severely beaten. My right leg was fractured
by the beating. I am unable to help his family in agricultural work right now. My old father is
trying to work as much as possible. But our family is facing hardships.”
State government’s response
On 16 June, the villagers carried the three grievously injured victims on cots for 6 km to Anjerbera main
road. They arranged for a vehicle (chhota hathi) from there to Chaibasa Sadar hospital. Three victims
(Guna Gope, Bamia Surin and Madho Kayam) were admitted in the hospital.
In the evening, the villagers went to the Chaibasa Muffassil police station to lodge an FIR against the
CRPF perpetrators. But the station in-charge did not lodge their complaint and asked them to go to
Goilkera police station (under which Chiriabera village falls). On 17 June, some police officials (in
plain clothes) met the victims at the hospital, promised them financial help and asked them not to lodge
a FIR. The police also told the victims to say in their official testimony that they did not know the
perpetrators. Some police / CRPF officials (in plain clothes) visited them during this period and gave
them cash. The three victims got Rs. 1000 each on 17 June. On 18 June, the police gave Rs. 10000 to
Guna while the other two got Rs. 5000 each. They were also asked by the people who gave the money
not to press charges against the CRPF. Guna Gope clearly told the fact-finding team that the police
officials tried to force him and the other victims to not name CRPF in their complaint. They also told
the victims that as they were poor and would not be able to handle the pressure from the CRPF, they
should not file the case. Of the three victims, Bamiya Surin was released on 18 June and Guna Gope
and Madho Kayam on 22 June. After being released, they had to organise their own transport back to
their village.
On 17 June, Jharkhand Janadhikar Mahasabha raised the issue on Twitter and demanded that the state
government lodges an FIR immediately against the CRPF personnel, conducts an inquiry and pays
compensation to the victims. On 17th
June evening, the villagers were called to the Chaibasa Sadar
police station and informed that an FIR had been filed. However, they were not given a copy of the FIR.
On 18 June, the villagers also filed an online FIR (S. No. 792336). On 19 June, the Anjerbera Gram
Sabha wrote to the Superintendent of Police, Chaibasa with details of the incident and clearly mentioned
that the CRPF personnel were responsible for the violence (letter attached). The Gram Sabha demanded
that an FIR be filed immediately (if not already filed) and asked for a copy of the FIR. On 19 June,
Mahasabha also put out video testimonies of victims and the initial fact-finding report on Twitter.
On 19 June, Jharkhand’s Chief Minister Hemant Soren responded to Mahasabha’s tweet and instructed
the Deputy Commissioner and police to look into the issue and take “necessary measures as deemed
fit”. The DC responded to the CM’s tweet and informed that an FIR had been filed and “independent
5. 5
and unbiased” investigation had started. However, the Gram Sabha or the victims are yet to receive a
copy of the FIR (as on 14 July).
In a video report published in Quint Hindi on 25 June, the SP claims that there was “some mishandling”
and “unprofessional behaviour” by the CRPF due to “anxiety”. He said that an FIR had been lodged
against the CRPF for this mishandling. However, the FIR filed by the police obscures many facts of the
incident and makes no mention of the role of the CRPF in the violence. The fact-finding team accessed
a copy of the FIR (FIR no. 20/2020 dtd 17 June 2020, Goilkera P.S.). The FIR mentions that the villagers
were beaten by unknown criminals (Agyat Apradh Karmi) and does not refer to the CRPF even once.
Some specific issues with the FIR:
The FIR has been filed on the basis of testimony of victim Bamia Surin (and also includes
testimonies by victims Guna Gope and Madho Kayam). However, the testimony added in the
FIR does not mention the CRPF even once. It mentions that armed men in battle fatigues beat
the victims. The testimony further mentions that the testimony was read to the victims in their
native language. When the testimony was read and explained (in Ho) to these victims by
members of the fact-finding team on 14 July, they clearly said that they had not given such a
testimony. They further added that they had given all the details of the incident to the police
and clearly told the police at the hospital that they were brutally beaten by CRPF personnel.
The FIR is filed against unknown criminals and mentions armed men in battles fatigues as the
perpetrators of the violence. It does not mention that CRPF unleashed the violence. It clearly
shows that the FIR seems to have been prepared to implicate Naxals as perpetrators of the
violence to absolve the CRPF of the blame.
The FIR does not include relevant sections of the IPC related to attempt to murder, criminal
and unlawful house trespass, theft and section of the SC-ST act.
Meeting with Deputy Commissioner, West Singhbhum and Superintendent of Police
Some members of the fact-finding team met the DC and SP on 28 July 2020 to discuss the findings and
inquire about administration’s response (letter to DC and SP attached).
The SP acknowledged that some CRPF personnel had beaten the victims but kept on terming it as
“mishandling” and “unprofessional” behaviour. According to the SP, the CRPF team was out on a
search operation in the area on 15 June. It intercepted a message coming from that area regarding their
movement. Upon this, they went to Chiriabera, looking for naxals.
The fact-finding team appraised the SP of the findings of the team, specifically the violence unleashed
by the CRPF. It was also pointed out that the FIR filed by the police did not reflect the testimony of the
victims and did not mention the role of the CRPF. He said that he had been informed that the Maoists
had tutored the victims about what to say in their testimony.
He shared that the lockdown and corona-spread were affecting the speed of the investigation. He said
that the police would go through the fact-finding report and the evidence presented by the team.
Regarding the incorrect testimony recorded in the FIR, he said that the police would record the
testimonies of victims again. He also shared that a departmental inquiry had been initiated within the
CRPF but he did not have the details. He promised that the CRPF personnel responsible for the violence
will be held accountable and justice will be ensured to the people.
6. 6
The DC told the factfinding team that there was no doubt about the role of CRPF personnel in the
violence. The team appraised him of the findings and testimonies of the victims. He said that as a
prosecutor in the case, he would ensure that the victims get justice. He said that the FIR would be
rectified and testimonies of victims will again be recorded. He also said that relevant sections of IPC
and SC-ST act would be added in the case. He said that the district administration would ensure full
medical checkup and support to all the victims. Regarding lack of basic services in the village, the DC
said that a survey would be done to identify all the issues and the administration would redress them at
the earliest. He asked the victims and representatives of the Gram Sabha to visit him on 30/31 July and
explain all the issues. He also said that the district would process the pending FRA applications of
Chiriabera at the earliest.
Media’s response
On 17th
June, a few local newspapers (e.g. this report) reported that 50-60 armed Naxals had beaten
people of Chiriabera on 15th
June. The reports attributed the violence to Naxals and not CRPF. It is
interesting to note that none of these newspapers talked to the victims or even visited the village. The
outrage amongst the victims and the activists following up on the case, caused by this gross misreporting
forced the newspapers to carry another report on 19th
June that mentioned that armed men (in battle
fatigues) had beaten the villagers on 15th
June. Even this report, however, did not mention the CRPF.
Conclusion
The testimonies of the victims and villagers clearly establish that the CRPF personnel brutally beat the
victims on 15th
June and grievously injured some of them. The Ho Adivasis, communicating in Ho
language, were also beaten by the CRPF for their inability to speak in Hindi. The police tried to
influence the victims, in the hospital, to not press charges against the CRPF and not to mention their
role in the violence
The victims clearly told the police, who visited them in the hospital, that the CRPF personnel had beaten
them. The letter written by the Anjerbera Gram Sabha to the SP on 19th
June also mentions the details
of the incident and the role of CRPF in the violence. However, the FIR, filed by the police obscures
many facts and makes no mention of the role of the CRPF in the violence. The FIR mentions that
villagers were beaten by unknown criminals (Agyat Apradh Karmi).
The role played by local newspapers in this incident is deeply worrying. The report published by a few
newspapers, without talking to the victims or visiting the village, blamed Maoists instead of CRPF for
the violence. Such media reports and the incorrect FIR (blaming armed criminals and not CRPF) filed
by the police clearly indicate that there is a concerted effort to build a false narrative of Naxal violence
in this incident and absolve the CRPF of any blame in this.
The incident and the highly objectionable response of the police again brings to light the continuing
human rights violations faced by Adivasis of Jharkhand due to CRPF and police actions. It is also
worrying that despite direct instructions of the Chief Minister (on twitter) to take necessary action in
this case, the local police has filed an FIR that is an attempt to misdirect the investigation and absolves
the perpetrators of the violence, the CRPF, of their role in the violence.
Demands
Jharkhand Janadhikar Mahasabha demands the following from the Jharkhand government:
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The police should immediately rectify the FIR (20/2020 dtd 17 June 2020, Goilkera P.S.) -
name CRPF personnel as perpetrators in the FIR, record the testimonies of the victims
accurately without any change and add relevant sections of IPC and SC-ST Act, as mentioned
in the report, in the FIR. The government should also take action against the local police for
not registering the testimony of victims as told to them and registering incorrect testimony.
Immediately identity and arrest the CRPF personnel responsible for the violence.
The government should constitute a judicial inquiry and make its report public within a
stipulated period of time. Strict disciplinary action should be taken against all administrative,
police and CRPF personnel responsible for this violence.
All the victims should be adequately compensated for the physical violence, mental harassment
and loss of property.
Jharkhand government should clearly instruct the local administration and security forces to
not exploit people, especially Adivasis, in any way. All incidents of human rights violations by
the state apparatus should be strictly dealt with. People should not be harassed by security forces
under the garb of anti-Naxal operations.
Local administration and security forces should be taught about Adivasi languages, customs,
culture and worldview and the government should ensure their sensitivity towards Adivasis.
The documents, photographs and reports related to the case can be downloaded from the following link
- https://drive.google.com/drive/folders/1sZDnIg3n8pT98vB0YSgE_PIOiCK09C6P?usp=sharing .
For more details, please contact members of the fact-finding team - Anup Aggarwal (7352516119),
Bineet Mundu (87974 01922), Elina Horo (6201324960), Kamal Purty (98019 79253), Manjit Hasda
(7004998075), Manki Tubid (6200690877), Mily Birua (7667587223), P. M. Tony (7766944598),
Praful Linda (7763074746), Ramesh Jerai (9162168149), Reyance Samad (8541897676), Seerat
Kachhap (7484016904), Siraj Dutta (9939819763) or write at
jharkhand.janadhikar.mahasabha@gmail.com