New Information:
The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM) about the ongoing and systematic attempts to criminalise MASUM and the lack of investigation into the aggression suffered by Mr. Ajimuddin Sarkar when he was arrested and while in police custody in November 2014 (see background information). Mr. Sarkar, aDistrict Human Rights Monitor for MASUM in Murshidabad district (West Bengal, India) is a renowned human rights defender who has investigated cases on human rights violations perpetrated by the police and Border Security Forces (BSF) personnel, and who has been instrumental in denouncing several other human rights violations in Murshidabad district.
According to the information received, following Mr. Sarkar’s arrest on November 23, 2014 under section 12 of the Passport Act of 1967, his son filed a complaint to the local Police Superintendent urging the police to carry out an investigation into beatings his father has subjected to while in police custody (see background information). However, no enquiry or investigation has been carried out to this date. The Observatory expresses its concern for this lack of due process and calls for an immediate and impartial investigation.
Mr. Sarkar was admitted to Behrampore General Hospital on November 27, 2014 for medical treatment following the injuries suffered in custody, and on November 28, 2014, he was taken to Kolkata for advanced medical treatment. On November 29, 2014, he underwent Psychiatric counselling; the medical report states that he had several injuries such as a suspected fractured rib, as well as post traumatic stress, a feeling of humiliation, intense anxiety, fear and a feeling of sadness and helplessness. He is suffering from insomnia and his doctors have expressed concern that this attack might have long-term effects on his psychological health. Mr. Sarkar went to Calcutta Medical College and Hospital for further treatment on December 3, 2014, where he has since been undergoing several tests and physiotherapy sessions including using an LS belt.
According to the same information received by the Observatory, there are ongoing and systematic attempts by the Indian authorities to criminalise human rights defenders and MASUM activists (see background information). Amidst various cases brought against members of MASUM, a new case has been filed against Mr. Sarkar and Mr. Najrul Islam, volunteer member of MASUM, as accused persons in a non-bailable penal action. This case was presented following the recent organization by MASUM of a monthly medical camp for victims of torture at Domkal on October 28. According to this information, the police and BSF were involved in attempts to cancel the medical camp, and a week after the camp had taken place, a complaint was filed at the Domkal police station against MASUM and the criminal case no. 1243 / 2014 (GR 5151 / 2014) was opened. These ongoing acts of harassment seem aimed at sending a warning to the local population that advocating for human rights will be punished by the police. Since this incident, Mr. Sarkar has expressed feelings of being socially rejected since the local villagers are afraid to stand beside him or support him due to this police harassment.
The Observatory is further concerned for his physical and psychological integrity, in particular in light of the injuries he sustains. The Observatory further calls for an end to all attempts to criminalise members of MASUM and calls for the Indian authorities to respects its international engagements regarding freedom of expression and association.
Background information:
On November 21, 2014, law enforcement agents from the Raninagar Police Station arrested Mr. Sarkar at his place of residence and subsequently transferred him to the ACJM Court, Lalbagh, on November 22. Mr. Sarkar was reportedly arrested pursuant to an arrest warrant for a previous pending criminal case under the Passport Act.
Case No. 364/2013, dated June 5, 2013, was brought against Mr. Sarkar by Mr. Char Mourasi, B.O.P. ‘C’ Company of 130 Battalion of the BSF under section 12 of the Passport Act of 1967 (GR 1738/2013). On May 20, 2014, Mr. Sarkar filed an application before the ACJM Court, Lalbagh, expressing his concern that he had been falsely implicated in an unknown criminal case by the police and the BSF, and requesting more details about such case. However, until the arrest Mr. Sarkar had not received any information about the status of the said criminal case, neither has he received any summons from the police or the court.
According to the same information, Mr. Rana Mohanta, Mr. Sarkar’s defense counsel, reported that his client was assaulted, abused and misltreated by the police at the time of his arrest as well as in custody. Upon hearing his testimony the Court ordered that Mr. Sarkar be released on bail and that he undergo a medical examination under supervision of the Inspector of the General Record Office (GRO) of the ACJM Court, Lalbagh. The Medical Officer of Lalbagh Sub Divisional hospital examined Mr. Sarkar and advised that he be admitted to hospital, suspecting that his ribs were fractured due to having been kicked and punched while in police custody. As of issuing this Urgent Appeal, Mr. Sarkar’s doctor had referred him to the Ajimuddin District Hospital, as his condition had deteriorated and was not manageable at the Lalbagh Sub Divisional Hospital. This came as Mr Sarkar, who is suffering suspected fractures to his ribs and backbone, had to wait for more than. 24 hours after the incident before he got an X-Ray examination, and received a visit from doctors.
Mr. Sarkar does not hold a passport and according to the information received, he has never crossed India’s borders into any other country. However, the police seem to have fabricated this criminal case against him not only to harass him but also to send a warning to the local population that advocating for human rights would be sanctioned by the police.
According to the same information, judicial harassment regarding the same criminal case is also ongoing against Mr. Kirity Roy, Secretary of MASUM.
Actions requested:
Please write to the authorities in India, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Ajimuddin Sarkar as well as of all human rights defenders in India;
ii. Release Mr. Ajimuddin Sarkar immediately and unconditionally, since his detention is arbitrary as it only seems to be aimed at sanctioning his human rights activities
iii. Carry out an immediate, thorough, impartial and transparent investigation into the abovementioned events in order to identify all those responsible, bring them before an independent tribunal, and sanction them as provided by the law;
iv. Put an end to all acts of harassment - including at the judicial level - against Mr. Ajimuddin Sarkar, Mr. Kirity Roy and all members of MASUM as well as against all human rights defenders in India so that they are able to carry out their work without hindrances;
v. Conform with 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”; and
– 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”; and
vi. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights 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
· Miss Mamata Banerjee, Chief Minister, Chief Minister of West Bengal, 325, Sarat Chatterjee Rd, Shibpur, Howrah, West Bengal 711102, Telephone: +91 33 2214-5555, 2214-3101
Fax: +91 33 2214-3528 E-mail: cm@wb.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, December 24, 2014
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.
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· E-mail: Appeals@fidh-omct.org
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