URGENT APPEAL - THE OBSERVATORY
IND 002 / 0714 / OBS 067
Harassment / Intimidation /
Threats
India
July 30, 2014
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.
Brief description of the information:
The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM)[1] about the harassment and intimidation of Mr. Mohar Ali Mondal, District Human Rights Monitor for MASUM in the village of Gobindapur, by officers of the Swarupnagar police station.
According to the information received, on July 27, 2014, at around 10 pm, Mr. Mohar Ali Mondal accompanied a villager from Gobindapur named Mr. Siddik Mondal to the Swarupnagar police station to lodge a formal complaint about an attack against his nephew, Mr. Kabirul Mondal. At approximately 8pm, the latter had been attacked and severely beaten by a group of cross-border cattle smugglers that allegedly receives support and protection from the Swarupnagar police station (District-24, North) and Border Security Forces (BSF).
Upon arrival at the police station, Messrs. Mohar Ali Mondal and Siddik Mondal were forced to wait one and a half hours for the arrival of the police sub-inspector, Mr. Bajlur Rahman. Upon arrival, Mr. Bajlur Rahman read the complaint to a superior officer over his mobile phone. As Messrs. Mohar Ali Mondal and Siddik Mondal were about to leave the police station, Mr. Bajlur Rahman ordered them to return to a room with him and two other officers. Once in the room, Mr. Bajlur Rahman grabbed Mr. Mohar Ali Mondal’s collar and threatened him, saying “you have to face consequences for your involvement with human rights” and “you have to pay for your involvement against police and BSF”.
Other villagers were forced to leave the police station while Messrs. Mohar Ali Mondal and Siddik Mondal were detained and forced to stand for 40 minutes before being eventually released. Before being released, the police forced both men to sign a document (an “arrest cum inspection memo”) stating that they had been arrested and charged; however, the police have not informed the men of why they were arrested nor informed them of any charges being brought against them.
On July 28, 2014, Mr. Mohar Ali Mondal lodged written complaints to the District Magistrate and Superintendent of Police, 24 Parganas (North), requesting legal action against the police officers as well as measures for his security.
The Observatory is greatly concerned by this incident, which seems merely aimed at sanctioning the human rights activities of Mr. Mohar Ali Mondal. More generally, this incident appears to be part of a pattern of harassment and intimidation by the police aimed at silencing those who speak up against the use of torture and ill-treatment by the police and the BSF.
Actions requested:
Please write to the authorities in India, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Mohar Ali Mondal as well as of all MASUM members and human rights defenders in India;
ii. Carry out an immediate, thorough, impartial and transparent investigation into the above-mentioned events in order to identify all those responsible, bring them before an independent tribunal, and sanction them as provided by the law;
iii. Put an end to any act of harassment against Mr. Mohar Ali Mondal, and all human rights defenders in India, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance or fear of reprisals or intimidation;
iv. Conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
– Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”;
– Article 2, which requires the State to provide the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice”;
– Article 9.1, which holds that everyone has the right to a remedy for violation of human rights and the right to be protected if human rights are violated;
– Article 11, which guarantees the right to participate in one’s chosen profession and requires those who are capable of affecting human rights, i.e. police and border patrol, to respect those rights and freedoms and to comply with relevant national and international standards of occupational and professional conduct or ethics
– Article 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 Narendra 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. Naparajit Mukherjee, Acting Chairperson, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27, India. Fax +91 33 2337 7259 / 2479 7750, Email: wbhrc8@bsnl.in
· Governor Mr. Keshri Nath Tripathi, West Bengal, Raj Bhavan, Kolkata - 62, India. Fax: +91 33 2479 9633 / 2479 7750, Email: secy-gov-wb@nic.in
· Miss Mamata Banerjee, Chief Minister, Government of West Bengal, NABANNA, 325 Sarat Chatterjee Road, Howrah 711102, India. Fax - +91 33 22145480, Email: cm@wb.gov.in, sechome@wb.gov.in, chiefsec@wb.gov.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
· 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.