Dear Friends,
We are enclosing a copy of an open letter sent today by the AHRC to the Jesuit Supeior General in Rome regarding Fr. Pallath’s case. The letter is also available at: http://jjpallath.ahrchk.net
Thank you.
Urgent Appeal Desk
Asian Human Rights Commission
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An Open Letter to:
Rev. Fr. Peter-Hans Kolvenbach
Superior General
Curia Generalize
Compagnia di Gesu
C.P. 6139
00195 Roma Prati
ITALY
9th May 2001
Re: Physical assault, slander through gutter press, filing of fabricated criminal cases, denial of right to livelihood and other matters relating to Fr. Pallath J. Joseph Request for Inquiry.
Dear Rev. Fr. General,
This open letter is to raise some concern from a moral and human rights point of view regarding all the episodes relating to the case of Fr. Pallath J. Joseph, of which you are aware. While it is not our intention to interfere with the affairs of your order, there are matters of public interest about which many persons including our commission is quite concerned. They are as follows;
1. Physical assault of Fr. Pallath J. Joseph by two members of your order, together with several other hired thugs
2. The throwing of the body of Fr. Pallath over the wall of Jesuit premises and onto the road while he was in an unconscious or semi-conscious state
3. Slander of Fr. Pallath by some members of your order using a gutter magazine called ‘Crime Star’
4. Filing of fabricated criminal complaints against Fr. Pallath with the view to get him arrested as a way to prevent him from entering a Jesuit house.
5. The failure of the Jesuit Superiors to respect an agreement entered into between Fr. Pallath and the Jesuits in Kerela with the mediation of the Bishop of Calicut.
6. Failure to provide for the livelihood of Fr. Pallath after 33 years of service.
The details about these matters are repeated here (though it is quite clear your are aware of these) due to the fact you have not taken any action on these matters;
1. Physical Assault on Fr. Pallath J. Joseph by two members of your order, together with several other hired thugs
A picture of the place where the assault took place is attached herewith. It must be a familiar sight to you.
Details of the assault, provided by Fr. Pallath, are as follows
At around 10.45 am [Of 16 October 2001], about 15 thugs came to my door with the Jesuit fathers and Adv. T.A.Joseph who was giving instructions. Frs. Joseph Kelleppilly and Abraham Pallivathukal got into my room and shouted at me to clear out from the room using abusive language. Fr. Pallivathukal also did the same and they started throwing away my belongings, my clothes, books, newspaper etc. Meanwhile the advocate ordered the thugs to get holds of me and throw me out. They pounced on me. lifted and threw me out of the room. On getting up I tried to get into the room to protect myself and to phone up. There upon Fr. Kalleppilly hit on my face and pushed me and I fell down on the courtyard. Fr. Vadakkel also said some abusive words. While the thugs were tackling me under the leadership of Fr. Kalleppilly and Fr. Abraham, the others went up to Provincial’s Conference room for the Samskriti general body meeting.
In the courtyard I tried to dodge the thugs and resisted a little bit. They once again pounced on me and hit me, at this point I went into a daze.
Details of the assault given by another Jesuit in a letter to his superior is as follows:
Dear Father Provincial,
As I was in the Provincial’s conference room on 16th October, Monday, around 10.30am, attending the General Body Meeting of Sanskrutti, I have heard the sound of a quarrel; beating, shouting and screaming and then seen a person being carried out of our parlour room below the conference room, by a group of people guided by Fr. Abraham Pallivathukkal and Fr. Joseph Kalleppallil. I also noticed that some of the participants of the meeting attending to the same trouble and some of them going in and out of the meeting. Immediately after the meeting I made sure that the person being carried out was Fr. P.J. Joseph.
The advocate of Fr. P.J. Joseph has included me among the witnesses in court case. But I have a problem here; as a witness when I say what I have heard and seen it will be against my superiors, and if I don’t give witness to this truth, I’ll have serious problem with my conscience. So you please instruct me in this matter, today itself, so that I can act accordingly.
Yours faithfully,
Fr. Shaji George, S.J.
Karathur
19/10/2000
2. The throwing of the body of Fr. Pallath over the wall of Jesuit premises and onto the road while he was in an unconscious or semi-conscious state
The picture of the place he was thrown out to is also attached.
Reference to this by Fr. Pallath is as follows:
When I woke up I was lying on the road outside at the gate and people were standing around me. Mr. Viswan Malaparamba and John Samuel were among them. They first took me to the main roadside to an STD booth. From there they rang up to my friends. Before they arrived, Viswan arranged a taxi car. As I was getting into the car Kairali T.V. crew came and also the Asia net T.V. I was taken to the Medical College Hospital and was there for 5 days.
In the letter quoted above Fr. Shaji George, SJ also refers to witnessing Fr. Pallath being carried out by a number of persons.
3. Slander of Fr. Pallath by some members of your order using a gutter magazine called ‘Crime Star’
The cover page of this gutter magazine is attached. It is magazine that carries a nude picture of young girl in front and the web-site on Fr. Pallath excluded exhibition of this magazine due to the nature of this magazine.
In January 2001, Fr. Provincial got published passionately pro-Jesuit and anti-me anonymous article in Kerala’s worst gutter magazine called ‘Crime Star’. The article contains not only alleged citations from two letters allegedly addressed to me but also precise information including my bio-data kept in the Curia to which others have no access.
That the members (in this case the provincial superior) of a religious order can stoop to such practices must be a matter of serious concern.
4. Filing of fabricated criminal complaints against Fr. Pallath with the view to get him arrested as a way to prevent him from entering a Jesuit house
The details are as follows:
The ‘Theft Cases’
The Camera
The Missio Aachen had given Samskriti about seven lakhs rupees to buy a digital video camera for the promotion of traditional wisdom and technology. As Samskriti, at that time, did not have a Foreign Contribution Regulation Act (FCRA) number to receive foreign money, this money was routed, as usual, through the Kerala Jesuit Society, the parent organization of Samskriti.. So the bills and vouchers were made in the name of Kerala Jesuit Society, the legal holder. When the project was presented to Missio, it was understood that the camera would be used in network with laymen initiatives. Accordingly, the camera was given for use to a layman who is an expert in handling the camera with definite terms and conditions written in a stamp paper. It was done during the time of my transfer from Samskriti. These things were discussed and settled in the presence of the Provincial, the Consultors and the present director on 30th January 2000. After my dismissal on 28th April 2000, in order to embarrass me, they filed the case saying that I dishonestly kept the camera in my custody without the knowledge and consent of the present director and is an offense punishable under Indian Penal Code. Rev. Fr. Jose Thaiparambil S.J. the treasure, filed the case before the Inspector General of Police, Kozhikode, Crime. No.337/2000 under sections 406,464,471.r/w section 34 of Indian penal code.
Telephone
After installing a new phone, I have signed the document as the director of Samskriti for shifting a phone of Samskriti to another place. According to the constitution of Samskriti, the director has the power to do it. The Provincial also allowed me to take decisions on matters that come below fifty thousand rupees. My successor, Rev. Fr. E.J. Thomas S.J. on Fr. Provincial’s behest filed a case before the same Police officer, Crime. No.337/2000 under sections 406,464,471 r/w section 34 of Indian penal code. Under these sections I can be punished for three years of imprisonment or fine or both. Section under 406 is also non-bailable. These cases were reported in the local news papers as theft cases.
5. The failure of the Jesuit Superiors respect an agreement entered into between Fr. Pallath and the Jesuits in Kerela with the mediation of the Bishop of Calicut.
The details of this agreement are as follows.
Followed my forceful eviction from living room, I had under taken a hunger strike to regain entry to my room. At this stage the Bishop of Calicut intervened and settled the matter amicably with an agreement on 28th October 2000.
From the part of the Jesuit authorities the main agreements were (i) Jesuit Provincial gets for me incardination either in Calicut or Kannur dioceses where I worked 25 out of my 33 years as a religious in order facilitate my present work. (ii) to find me accommodation either in a Jesuit house or in a semi-Jesuit house in Malabar region. (iii) to give maintenance till my appeal cases given in the ecclesiastical as well as in the civil courts are heard (iv) to withdraw the false police cases they have filed against me. They did not implement any of the agreements. Even today I am living on the charity of my religious friends.
6. Failure to provide for the livelihood to Fr. Pallath after 33 years of service.
Whatever be the “justification” of dismissal, it is primary duty of any employer, be it a business, government or religious order, to provide for a person who has served a long period of service, which in this case is 33 years. This basic human obligation was ignored and continues to be ignored.
A Strange reply from the Jesuit Order
When all these matters were brought to notice of Jesuit Superiors in in Vatican, by way of letters by several persons, a reply was received from one Fr. Gegory Naik, which reads as follows:
The Superior General of the Society of Jesus in response to a similar query from a news agency in September 2000, stated the following:
“Let me assure you that Fr Pallathu Joseph has been legitimately dismissed from the Society of Jesus, for actions and patterns of behaviour incompatible with the Jesuit Constitutions. The reasons for his dismissal have been communicated to him in writing. You surely do not expect Jesuit superiors to discuss with the press the personal conduct of Fr Joseph, because he has the right to have his privacy respected, even if he chooses to go public.”
Gregory Naik, S.J.
Secretary, South Asia Assistancy
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Curia Generalizia S.J. ,Borgo S. Spirito 4, C.P. 6139,00193, Roma-Prati
ITALIA
Our request to you:
We urge you to make an open inquiry into the incidents narrated above. We further urged you to take action against all culprits of your order found to be responsible after such an inquiry; and to take appropriate action to correct the wrongs done to Fr. Pallath J. Joseph. We consider this as a moral duty on your part.
Thank you
Sincerely yours
Basil Fernando
Executive Director
Asian Human Rights Commission
P.S. Kindly note all relevant materials about this case are found in the web-site jjpallath.ahrchk.net
Attached: photographs referred to above (1 page).
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Please contact the Urgent Appeals coordinator if you require more
information or wish to report human rights violations.
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AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 – 16B Argyle Street, Kowloon, HONGKONG
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367
E-mail: ua@ahrchk.org
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===========================================================
AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 – 16B Argyle Street, Kowloon, HONGKONG
Tel: +(852) – 2698-6339
Fax: +(852) – 2698-6367
E-mail: ua@ahrchk.org
Please contact the AHRC Urgent Appeals Coordinator if you require
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