Peoples’ Vigilance Committee on Human Rights (PVCHR)

Indiawww.pvchr.blogspot.com,

www.testimony-india.blogspot.com

Testimony to improve psychosocial wellbeing and

promote advocacy for survivors of torture and organized violence

A collaborative project of

Rehabilitation and Research Centre for Torture Victims (RCT), Copenhagen

& Peoples’ Vigilance

Committee on Human Rights (PVCHR), Varanasi

PVCHR/JMN & RCT collaboration

PVCHR/JMN collaborate in three pilot project i.e.

First pilot: 1 May, 2008 – 30th May, 2008

Second pilot: 1st August, 2008 to 30th April, 2009

Third pilot: 1st July, 2009 – till now

Objectives of the projectTo develop context specific manuals for using

the Testimony Method developed among a number of NGOs from developing countries

To build capacity built in using the Testimony Method among staff of these NGOs.

To enhance psychosocial wellbeing of survivors (clients of these NGOs) enhanced

To analyze Impact and outcomes analyzed through an M&E system

Use of testimony (private pain into political voice through healing & empowerment)

Psychological support Legal Intervention Meta –Legal initiative Urgent appeal Public debate Policy intervention Innovation as community healing and

empowerment through testimony to individual survivor.

Mile stone (three pilot phase)

Capacity Building Psychological support Advocacy a. web advocacy b. meta - legal & legal Campaign Documentation Professional Consultation & National Consultation.

Capacity Building (milestone)

Workshop on Testimonial Therapy (TOT): 51 human rights defenders/community workers trained on testimonial therapy in four Training of Trainer (TOT) workshop. The Participants were drawn from eight states, namely Uttar Pradesh, Uttarakhand, Bihar, Madhya Pradesh, Jharkhand, Manipur, West Bengal and Chhattisgarh.

Workshop on writing skills: 12 participants from member organization of National Alliance on Testimonial Therapy (NATT) were trained.

(milestone)

123 survivors of torture and organized violence (TOV) were psychologically supported through testimonial therapy and quick testimony of many survivors.

Manual “Giving Voice” developed & published in two local language i.e. Hindi & Manipurian based on the cultural diversity.

Honor Ceremony as campaign and turning point. Three wall newspapers titled ‘Awaaz-E- Bajardiha’,

‘Dastan-E-Bunkar’ and ‘Dakhin Tola Times’ were designed with eye-catching masthead, headlines, features and photos to amplified the voice of survivors.

Testimony Workshops

Four two-week training-of-trainers workshops conducted:

1. May 2008: 12 human rights defenders from PVCHR

2. January 2009: 14 Human rights defenders from four states: Uttar Pradesh, Uttarakhand, Bihar and Madhya Pradesh.

3. February-March 2009: 14 Human rights defenders from four states: Jharkhand, Manipur, West Bengal and Chattisgarh

4. August 2009: 11 Human rights defender from 8 organization were trained.

Mindful Meditation

Mindfulness” meditation component to the testimony method, in order to further reduce stress, anxiety thoughts. For e.g. Vinod Kumar Gupta says, “I tried to concentrate on my breath and I feel good, my body seem lighter now and cool mind.

Justice an entry point; an impact of testimony in judicial system.

Usually the justice process in India takes more than ten years, and many plainfiffs who are survivors of torture became discouraged and give up. However our interview with the survivors who had gone through testimonial therapy suggested that they felt more confident in perusing the claim.

The therapy appeared to have created new dynamics in the justice process. In many cases the pain and the agony expressed in the testimonies helped convince the judiciary and Human Rights Institutions of the injustice committed against the plantiff. The testimonial therapy observed that it was easier to elict a coherent story from them and it seemed less painful for painful for them to narrate the torture story. Such as:

FIR lodge against 14 police officers involved in the fake encounter of Mr. Sanjay Singh after a legal battle of three years.

Rabri Devi received compensation and cross examined as Prosecution Witness (PWI) in her case.

The accused police official summon to face the trial in the court in the case of Bhageran Mahto.

Two survivors of police torture Mr. Dudh nath Pal and Mr. Kaju alias Karia were released with charges of the Gunda Control Act

Others survivors they felt more confident in perusing

the claim, such as Sobhnath, Mohan Seth and Bhageran Mahto

Meta - Legal Mr. P. Chitambaram, Minister of Home Affair took

cognizance on the Bazardiha police firing case. Mr. Mukhtar Ahmad received compensation of 25,000 Rupees from district administration.

Alleged police station incharge faced punishment as transfer in the case of Harish Chandra Sonker.

Seven cases were seriously consider by National Human Rights Commission (NHRC), New Delhi such as Ram Lal, Guddu Vanwasi, Harish Chandra Sonkar, Chote Lal and Ram Prasad Bharti etc.

Nine bonded labour received compensation of 20,000 each for their rehabilitation.

Impact of quick testimony

Immediate release of five children in Manipur: Five children immediately released after immediate intervention on

the quick testimony of their mothers. The office of the High Commissioner for Human Rights, Secretariat Working Group on arbitrary detention, an independent group of experts mandated to investigate cases of alleged arbitrary deprivation of liberty, and other mandate holders of the Special Procedures of the Human Rights Council.

Thirteen homeless families of Dharkar Basti received the houses under Kansiram Ji Shahri Samgra Vikas Yojna:

Special Rapporteur Torture Communications, Office of the UN High Commissioner for Human Rights took the case of police atrocities done in Dharkar Basti, Hukulganj, asked the survivors to give their consent and correspondence related to the case will be published in a public report. Prime Minister of India office considers the case and forwarded letter to Chief Secretary of U.P for immediate and appropriate action.

Right to Information: an instrument for Meta-Legal Advocacy

Right to Information Act is took to know the update status of the case and its proceeding. RTI was used in many cases as well as also to boost current information related to the torture and organized violence (TOV). The RTI used as campaign tool such as Anti –death Penalty initiative of Amnesty International and investigation of cases of custodial death under 176 (1) (A) Cr.P.C through judicial magistrate in place of executive magistrate.

It is mandatory to officer to provide the

information required within fifteen days after filling the petition.

INNOVATION AS COMMUNITY HEALING THROUGH TESTIMONY TO INDIVIDUAL SURVIVOR

Bazardiha The survivors of the Bazardiha police firing were psychologically

supported and honored by Dr. Sayeda Hameed, Member of Planning Commission, Government of India, we observed and witness the collective healing process at high profile honor ceremony in the form of Peoples’ tribunal. Other parents received “Jan Mitra Award” for educating their children in the nastiest economic condition without any implementation of any Government Scheme and facing such as police firing and organized violence.

Apart from the psychological support medical & legal support were given to the survivors and scholarship given to Mukhtar’s daughter (Naziya Tabassum) and other 19 girls with support from Rotary Vallingby, Swedan through Ms. Parul Sharma.

The survivors actively participated in the follow up visit of Dr. Sayeda Hameed to Bazardeeha on 19 November, 09, which shows the community healing process and empowerment of participatory and inclusive democracy at grass root level.

Raup One survivor was psychologically supported but two honor

ceremony organized in which fifteen survivors of TOV were honored in front of the martyr monument as the community healing. First time District Magistrate of Sonbhadra visited Ghasia’s ghetto and inaugurate the community centre and school.

The Ghasia’s community are fearlessly living their life and constantly participating in the protest. Soon after the incidence due to continuous advocacy and intervention of National Human Rights Commission and Supreme Court Commissioner on Right to Food and the support, the Ghaisa’s are empowered and erect protest monument and pledged at martyrs’ monument that in future this incidence will not occur. They were seemingly trying to convert this agony into their strength by struggle for their better life by singing.

Campaign

Honor Ceremony Signature Campaign a). International Human Rights Day published

petition on Human Rights day to empower and to builts pro-people, pro-victim human rights institution of India.

b). An appeal on anti-torture day; No to torture, establishment of rule of law

c). Letter for the repeal of Armed Forces Special Powers Act (AFSPA).

SMS Campaign/Petition Online Petition Open letter Statement

Honor ceremony: as campaign

At public demonstration in front of

Government Head Quarters

At “Folk School” meetings

At community meetings

At street plays & singing

Peoples’ Tribunal

Through honor ceremony breaking the fear & phobia about law enforcement agencies.

Create public against impunity act as prevention advocacy & education.

Honor Ceremony: a turning point

All survivors expressed their satisfaction with the process and this ritual apparently became a “turning point” in the healing process. Seemingly the ceremonial element represented the social recognition needed and that it re-connected the survivors with their community and ensures that their private truth became part of social memory.

Their testimony were read out and delivered to the survivors, who were also honored with a cotton shawl (a symbol of honor in India) and a speech which praised their bravery and encouraged them to continue fighting for justice.

Rehabilitation of survivors back in the society with dignity

Many survivors successfully rehabilitation back in the society after being psychological support and being honored. e.g. such as.

1. Rabri Devi2. Salim3. Mukhtar4. Munni Devi5. Ram CHander6. DudhNath Pal7. Babunder Ghasia

Web advocacy & campaign

The voice of the survivors and project related activities, experience and challenges were shared

Blog www.pvchr.blogspot.com, www.testimony-india.blogspot.com

You tube Mynews Facebook Orkut Myspace Plaxo & many others portals

Documentation

Monitoring and Evaluation questionnaire

Quarterly progress report Completion report Individual file of the survivors of the

PVCHR location. Location file (Jan Madhyam, Ranchi &

Wide Angle, Manipur)

Reaching voice of survivor at media.

The self suffering draw the attention of the print and as well as electronic media. They publish/broadcast the individual case of the survivor and also emphasis on the testimonial therapy and its process.

The video footage of Dr. Amar Deep Gupta & Ratan Deep Gupta was used in their documentary produced by British Broadcasting Cooperation (BBC), Human Rights Watch and Aljajira.

Testimony of Mukhtar & Salim were shared on the bollywood portal i.e. bollydb.

Policy Intervention (through open letter and statement)

To implement of Prime Minister’s New 15 Point Programme for Welfare of Minorities’ and emphasized on the execution of Section D to Prevention & Control of Communal Riots. The weaver’s issue raised in mid term evaluation appraisal of the Planning Commission of India.

PVCHR with NATT member organization Wide Angle appealed to all M.Ps & M.LAs: To repeal AFSPA (Armed Forces Special Arms power Act) in totality and no part of it should be inserted in any other legislation of the country.

Member of Parliament (M.P) raised question in Rajya Sabha on the issue of Bazardiha police firing.

Signature Campaign to ratify of UNCAT & enactment of domestic law against torture and office of Rahul Gandhi responded as “he see this performance as a victory for the policies, principles and ideals of the Congress party”.

Mr. P. Chitamabaram, Minister of Home Affair intervened in Jharkhand and stated to stop killing civilian as Maoists and establish rule of law.

Major Achievement (Break through )

Testimonies of survivors published in book “Broken System: Dysfunction, Abuse, and Impunity in the Indian Police,” by Human Right Watch.

Article on Testimonial therapy: A pilot project to improve psychological wellbeing among survivors of torture in India published in the TORTURE Volume 19, Number 3, 2009 of Torture Journal by International Rehabilitation Council for Torture Victims (IRCT), Denmark. The article shared on the National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services.

MBC National Broadcaster of South Korea with support of May 18 foundation made the documentary on the work of PVCHR “The Right of Humanity.”

(Break through )

Hamar T.V in its special program telecast on the issue of custodial death, police torture and violence against women. The Hamar T.V is mostly famous in Jharkhad, Bihar, Eastern part of Uttar Pradesh.

Frontline published “Political Patronage” Activists such as ……….and organisations such as the PVCHR and the NHRC have raised their voices on these lines for long, but they are yet to get a positive response from the political establishment.

The channel 93.5 SFM aired live program Prayas about torture and organized violence and testimonial therapy.

Mr. Rahul Gandhi, Member of Parliament and General Secretary, Congress I visited Dumka in Jharkhand district after the advocacy on the statement “Jharkhand: the state of terror in India”.

From Victim to Barefoot worker

To empower the victim and support his or her development from victim to survivor to human rights defender such as:

Pintu Zalim Mushar Chanda Shiv Kumar Harish Chandra Sonker Ram Prasad Bharti

Out come of Consultation with psychologist & Psychiatrist of Uttar Pradesh: 25th Sep, 08

Interesting part of this therapy is that it has both Western element of Anger Management, Classical Conditioning and Eastern approach of relaxation methods and Meditation.

It’s a cost effective model of psychotherapy which don’t require clinics or hospitals but, directly one can do this intervention at the doorsteps of the victim. For ex. His house, community, in a forest etc.

The economic cost of the whole approach seems to be very less than regular psychotherapy session in a clinic or hospital.

Facts

There are around 3,000 adequately qualified psychiatrists and 1000 clinical psychologist in the entire country of more than a billion populations.

In U.P itself there may only be less than 100 psychiatrists and 100 psychologists. The ratio of doctors is very less.

National Alliance on testimonial therapy

(NATT)

A coalition “National Alliance on testimonial therapy” (NATT) were mooted for the furtherance of testimonial therapy in India. The Alliance came into existence in the national consultation on “Testimony to improve psychosocial wellbeing and promote advocacy for survivors of torture and organised violence” held on 16 -17 April, 09 in New Delhi.

Further ideas for using testimony and psycho-legal counseling in the assistance to victims of torture and organized violence.

Lawyer can play big role in counseling instead of traditional counseling.

To involve survivors of TOV in movement. To utilize the big bank of volunteer lawyers for further

use in legal advocacy as victim wants justice. To make victim as human rights activists. The methodology of the testimonial therapy is very much

flexible. The key issue is to combat torture and organized

violence, To join together for the further use of the testimonial

therapy. Effort to support the victim in fear & Phobia breaking the

silence which leads into the challenging the impunity

Planning for the creation of an alliance for the use of testimonies in India

Action 1: a) National Database b) National Yearly Report and other research

reports c) Permanent Peoples Tribunal on Torture Action 2: Legal Rehabilitation Action 3: Monitoring the functioning of

torture by NHRIs Action 4:  Rehabilitation

Lesson learned

To be trainer of the testimonial therapy. To implement activities more smoothly &

effectively. To use testimony for the advocacy of the

survivors, the pain, agony and non-fragmented self suffering effectively used in justice process.

Due to elimination of fear and phobia and confidence gaining is becoming a reason for the less withdrawal of the cases, which leads against impunity.

(Lesson learned)

Opportunity to express the pain and Agony: “Window of expression”.

Followup supervision of the participants at regular interval.

Quick testimony immediately helps in attaining interim relief and justice to the survivors.

The new concept emerges “High profile honor ceremony” for the arms conflict area.,

Problem

As testimony was not properly compose in standard Hindi & English language.

Due to non-availbility of IEC material such as pomplet, newsletter etc.

Having different cultural sensitivity.

Problem & Adjustment

Problem occurs in making arrangement of the activities due to less staff and non –recurring items which was highly supported by the organization and its volunteers .

In the absence of advocacy coordinator & legal adviser problems occurs in further proceeding of the cases.

Required staff (more hands)

Legal adviser (Lawyer) Advocacy Co-ordinator cum therapist Office Assistant Consultant Translator –English & Hindi Adviser and Co-ordinator of NATT Location Co-ordinator (Jan Madhyam, Ranchi &

Wide Angle, Manipur) Accountant (Part time) for the location

organization and also for PVCHR.

Year 2010 as psychological support to Survivors of TOV (torture and organized violence)