The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in India.
New information:
According to the information received, on March 15, 2007, the Judicial Magistrate of Calcutta decided to release on bail Mr. Gopen Sharma. However, Mr. Sharma was effectively released on March 20, 2007, as he had to wait for the order to be correctly transmitted to the local district court.
The Observatory thanks all the persons, organisations, and institutions, that intervened in favour of Mr. Sharma. However, the Observatory recalls that he remains prosecuted under Sections 420 ("cheating and dishonestly inducing delivery of property"), 468 ("forgery for purpose of cheating") and 471 ("using as genuine a forged document"), of the Indian Penal Code, and faces up to ten years’ imprisonment.
Moreover, the Observatory has been informed of the arbitrary arrest of Mr. Vasanth, the husband of Ms. Shyla, District Human Rights Officer of People’s Watch NPPT, in the Coorg District of Karnataka, and also a human rights activist, on March 8, 2007. He was arrested while visiting the Medikeri Town Police Station in the Kodagu District of Karnataka in order to collect information on a torture case, before being released on bail and free of charge on the following day. He was reportedly beaten by the police while in custody.
Background information:
On February 8, 2007, Mr. Gopen Sharma had been arbitrarily arrested by police officers while visiting the Kaharpara Border Out Post of the Border Security Force (BSF) camp in order to collect information on three cases of human rights violations that would have been committed by the BSF, following complaints lodged to the National Human Rights Commission (NHRC).
During his arrest, Mr. Gopen Sharma was reportedly threatened and insulted by a police officer, who accused him of filing complaints with human rights groups against the police and the BSF. In addition, the police seized all documents and papers regarding the complaints to the National Human Rights Commission (NHRC) and Mr. Gopen Sharma’s mobile phone.
These events followed a fact-finding mission carried out on February 1, 2007 by Mr. Henri Tiphagne, Executive Director of People’s Watch, Mr. Kirity Roy, Mr. Biplap Mukherjee, State Programme Coordinator of the NPPT for West Bengal, and Mr. Gopen Sharma, to make inquiries into human rights violations perpetrated by police officers against local villagers. When the fact-finding team reached the area, the BSF staff at the BSF Khayer Tala Border Out Post threatened and harassed the four human rights activists.
Action requested:
Please write to the Indian authorities and ask them to :
i. take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Gopen Sharma and Mr. Vasanth, as well as all individuals working for People’s Watch and its related projects;
ii. bring him before an impartial and competent tribunal, and guarantee his procedural rights at all times;
iii. conduct a fair, impartial and independent inquiry into the allegations of ill-treatment against Mr. Vasanth in order to identify the authors, bring them to justice and pronounce sentences proportional to the gravity of their crimes;
iv. put an end to any kind of reprisals against human rights defenders in India;
v. comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels", as well as article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
vi. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by India.
Addresses:
– Ranninagar Police Station, Tel: +91-3481-238038. Mr. Sunayan Basu, Officer-in-Charge of Ranninagar Police Station, Tel: + 91 9732745592.
– Mr. Rahul Srivastava, Superintendent of Police of District Murshidabad, Mobile phone: + 91 9434750751.
– Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
– Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979
– Justice Mr. Y.K. Sabharwal, Chief Justice of India, Supreme Court of India, 1 Tilak Marg, New Delhi, Fax: +91 11 233 83792, Email: supremecourt@nic.in
– Justice A.S. Anand, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
– Mr. Okram Ibobi Singh, Chief Minister of Manipur, Chief Minister’s Secretariat, Babupara, Imphal, Manipur, Fax: +91 385 222 1817, Email: cmmani@hub.nic.in
– Justice W. A. Shishak, Chairperson, Manipur State Human Rights Commission, Courts Complex Lamphelpat, Imphal, Manipur, India, Fax: +91 385 410472.
– H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9 (6ème étage), 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
– Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869
Please also write to the diplomatic representations of India in your respective countries.
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Geneva - Paris, March 21, 2007
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
Tel and fax OMCT : + 41 (0) 22 809 49 39 / + 41 (0) 22 809 49 29
Email : Appeals@fidh-omct.org
[1] People’s Watch is a human rights organisation involved in diverse field of activities in the nature of human rights monitoring, intervention and legal assistance, in particular in Tamil Nadu. People’s Watch also implements a project that is funded by the European Union, the "National Project on Prevention of Torture in India" (NPPT).