URGENT APPEAL - THE OBSERVATORY
IND 001 / 0215 / OBS 014
Arbitrary arrest / Arbitrary detention
India
February 27, 2015
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), requests your urgent intervention in the following situation in India.
Description of the situation :
The Observatory has been informed by reliable sources about the arbitrary arrest and remand to judicial custody of Mr. Kalimuthu Kandhasamy, District Organiser of Citizens for Human Rights Movement (CHRM), a non-registered people’s organisation founded by People’s Watch, which provides legal assistance and counsel to victims of human rights violations in Tamil Nadu. Mr. Kandhasamy was charged with several crimes including impersonating a public servant, cheating, and improper use of emblems .
According to the information received, on February 25, at about 7.15 p.m. Mr. Kandhasamy was arrested at his residence in Ramanthapuram (Tamil Nadu) by police personnel from the Kenikkarai Police Station, and subsequently remanded to judicial custody. No warrant or arrest memo was reportedly presented at the time of his arrest.
The charges against M. Kandhasamy are related to the fact that the name of his organisation, the “Citizens for Human Rights Movement” (CHRM), violates the provisions of the Tamil Nadu Societies Registration Act, which provide that no non-governmental institution should have the term “human rights” in its name.
However, neither Mr. Kandhasamy nor the CHRM have presented themselves as a public authority, and the Observatory notes that there is no evidence supporting the charges of cheating filed against Mr. Kandhasamy by the Inspector of Police.
Furthermore, it is especially worrisome that Mr. Kandhasamy is a heart patient who had very recently consulted a medical specialist with complaints of kidney stones requiring medical attention.
The Observatory condemns the arbitrary arrest of Mr. Kandhasamy, as well as the charges against him, which are directly related to his legitimate and peaceful human rights activities.
Accordingly, the Observatory calls on the authorities to immediately and unconditionally release Mr. Kandhasamy and to drop all charges held against him.
The Observatory is further concerned by the provisions of the Tamil Nadu Societies Registration Act prohibiting the use of the words “human rights”, which blatantly violate international human rights standards as they pose direct obstacles to the legitimate conduct of human rights activities and freedom of association.
Actions requested :
Please write to the authorities of India asking them to :
i. Immediately and unconditionally release of Mr. Kandhasamy and drop all charges held against him.
ii. Guarantee in all circumstances the physical and psychological integrity of Mr. Kandhasamy, as well as of all human rights defenders in India ;
iii. Reform the restrictive Tamil Nadu Societies Registration Act in order to allow the population, particularly human rights defenders, to participate to human rights activities within the framework of the civil society and non-governmental organisations in the country ;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with :
– Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” ; andArticle 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and 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” ;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by India.
Addresses :
– Mr. Shri Nanredra Damodardas Modi, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India. Fax : + 91 11 2301 6857. E-mail : pmosb@pmo.nic.in / manmo@sansad.in
– Mr. Raj Nath Singh, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax : +91 11 2309 2979
– Justice Rajendra Mal Lodha, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. Fax : +91 11 233 83792, Email : supremecourt@nic.in
– Justice K. G. Balakrishnan, Chairperson of the National Human Rights Commission of India, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi - 110023, India. Fax +91 11 2465 1329. Email : covdnhrc@nic.in ; ionhrc@nic.in
– Mr. A. K. Parashar, Focal Point on Human Rights Defenders, National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Email : hrd-nhrc@nic.in
– Mr. T. O. Panneerselvam, Chief Minister of Tamil Nadu : Telephone : +91 44 25672345 / +91 44 24933112. Fax : +91 44 25671441. E-mail : cmcell@tn.gov.in
– H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Fax : +41 22 906 86 96, Email : mission.india@ties.itu.int
– Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax : +32 2 6489638 / +32 2 6451869
Please also write to the diplomatic mission or embassy of India in your respective country.
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Geneva-Paris, February 27, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an OMCT and FIDH venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.