On World Refugee Day, Iranian Refugee dies

 in New Delhi due to UNHCR's negligence

Jahangir Eslah, a political refugee of Iranian origin registered with UNHCR – the United Nation's Refugee Agency – in New Delhi died today, June 20, 2007, World Refugee Day. UNHCR shares some responsibility for the health of refugees in India, and yet refused to pay for his heart treatment. Had they paid the Rs 15,000 required for an angiogram, he would likely still be alive today.


Mr Eslah's case is not unique. UNHCR officials in Delhi routinely treat refugees with disdain, contrary to the humanitarian ethos of the United Nations. In India, refugees registered with UNHCR are entitled to free treatment at government hospitals. Other refugees who have suffered from emergency medical conditions and have been unable to reach the nearest government hospital, have also lost their lives and suffered great financial strain due to inhumane and inflexible bureaucracy at UNHCR in New Delhi.


We, the undersigned lawyers, social activists and representatives of human rights, women's and sexual rights groups, mourn the needless loss of Jahangir Eslah's life due to the criminal negligence of UNHCR officials in New Delhi. We urge the UNHCR to institute an inquiry in this matter and take action against the erring officials. We demand that UNHCR immediately reimburse the expenses incurred for the treatment of Jehangir Eslah and that in future a humanitarian approach should be taken to addressing the health care needs of all refugees under their care in India.

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Ten days ago, Mr Eslah complained to his wife, Mrs Mariam Eslah, about acute chest pain. After being advised by a local Farsi-speaking doctor she took her husband to the National Heart Institute (NHI). Although Mrs Eslah was able to pay the advance for hospital costs Rs 10000 by borrowing money from fellow refugees, it was not after numerous phone calls and refusals that a UNHCR protection officer, who should be available 24 hours a day for refugee assistance, finally arrived to NHI to prepare a report.

On Monday morning 18 June, the NHI doctors told Mrs Eslah that it was crucial to perform an angiogram on Jahangir Eslah within the next 48 hours, in order to determine the course of treatment, and that this would cost Rs 15,000. Mrs Eslah then went to the UNHCR office at Jorbagh to ask for help on an emergency basis. There the legal officers Ms Sonia Taneja and Ms Teresa Jose of UNHCR flatly and very rudely told Mrs Eslah that it is not their duty to pay the health costs. At this she became very upset saying that her husband would die. Then they stated that they could only pay costs incurred in government hospitals, which in New Delhi is specifically AIIMS. They instructed Mrs Eslah to move her husband from his current hospital to AIIMS, 'then we will pay for everything', they promised. So Mrs Eslah went back to NHI and asked the doctor to transfer her husband to AIIMS. But the doctor in a handwritten letter dated 11-6-07 said that Jahangir Eslah could die just by being shifted out of the ICCU.


Mrs Eslah went back to UNHCR office with the doctor's letter and met the same legal officers who said UNHCR could not pay because if it did, 'then every refugee will expect such help'. Mrs Eslah was very upset and said but it is urgent and this kind of heart attack is not a daily occurrence. Ms Sonia Taneja and Ms Teresa Jose were very rude to Mrs Eslah and she collapsed in shock, for treatment of which she had to be admitted to AIIMS.


The next day, 12 June, the NHI doctors told Mrs Eslah that an angiogram is a must and she has to do something or they cannot determine the medicine or treatment for Jahangir Eslah. When UNHCR officer Ms Teresa Jose was approached regarding this she very rudely and flatly said 'don't expect that we will pay this money'.

On Tuesday morning 19 June at 3 am, Jahangir Eslah's blood pressure began steadily and dramatically increasing. The doctors said it was too late for an angiogram. A CT scan proved that a massive brain hemorrhage had occurred. The doctors told Mrs Eslah to be ready because her husband may die any time between the next four hours to three days, and that there was only the smallest chance that Jahangir Eslah would survive. The doctors said that Mr Eslah has to now be taken to VIMHANS hospital at Ashram, as he needed nuerological attention. Mrs Eslah was unable to pay the balance amount of money owed to NHI but in a humane gesture NHI did not insist on receiving payment before releasing the patient. During this time, Mrs Eslah repeatedly tried to request UNHCR for help but got no response.

Jahangir Eslah remained in the care of Dr Malhotra at VIMHANS. VIMHANS began treating him even without payment, save for an advance of Rs 20,000. VIMHANS has asked UNHCR for payment but UNHCR has again told VIMHANS that they can only reimburse expenses at AIIMS. VIMHANS finally suggested that UNHCR pay only equivalent costs that would have been incurred at rates specified by AIIMS. Even this compromise was greeted with contempt by UNHCR official Ms Teresa Jose, who said "Sorry we aren't allowed to pay more than Rs 3,000 or 4,000 for a refugee" and hung up on Raman Kumar, administrator of VIMHANS. Program officer Kalpana of UNHCR gave a similar intimation to Raman Kumar of VIMHANS. UNHCR responded to VIMHANS letters dated 15 and 16 June asking for payment with a fax saying they will not meet the treatment costs. A huge balance of Rs 84,000 is pending and due from the bereaved widow.


South Asia Human Rights Documentation Centre, New Delhi
Madhu Mehra, Partners for Law and Development, New Delhi
Sidharth narain, Arvind narain, Mayur Suresh, Alternative Law Forum, Bangalore
Jaya Sharma, Shalini Joshi, Nirantar, New Delhi
Alok Gupta, independent lawyer, Mumbai
Lesley A. Esteves, Akshay Khanna, PRISM, New Delhi
Ponni Arasu, Deepti Sharma, Nigah, New Delhi
Priya Thangarajah, Student NLSIU/Nigah
Apoorvanand, Hindi Professor, Delhi University

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