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 situation:
According to the information received, on January 12, 2008, BSF Inspector Vikash Chandra lodged a complaint against Mr. Julfikar Ali and three other persons at Ranninagar Police Station under sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servants), 353 (assault to deter a public servant from discharge of his duty), 307 (attempt to murder) and 326 (voluntarily causing grievous hurt by dangerous weapons or means) of the Indian Penal Code. The complaint relates to one incident that reportedly took place in the night of January 11-12, 2008 at the Kaharpara border out post, point number 8.
In the complaint, the name of Mr. Julfikar Ali has been miswritten as Julfikar Shiekh and his address is not fully correct. It is also to be noted that Mr. Ali does not know the three other persons mentioned in the complaint and that at the time mentioned in the police First information Report (FIR), Mr. Julfikar was reportedly twenty-five kilometres away from the place of occurrence.
Furthermore, on January 30, 2008, the police came to Mr. Ali’s house and asked about him. His relatives informed them that he was at that time in Bangladesh to investigate into the situation of Indian citizens being detained there.
As of issuing this urgent appeal, Mr. Julfikar Ali has still not been officially informed about the complaint against him.
As the District human rights monitor in Murshidabad of the NPPTI, Mr. Julfikar Ali has been reporting a series of incidents of torture and firing by BSF killing people from the bordering areas along with other acts of torture committed by the state agencies. MASUM has been continuously intervening and complaining against the torturous and illegal acts of BSF to the state government, union government, various human rights institutions as well as to the international community.
The Observatory expresses its deepest concern about these judicial proceedings against Mr. Julfikar Ali, as it seems to merely aim at sanctioning his human rights activities. In addition, the Observatory recalls that this is not the first time that District human rights monitors of the NPPTI have been subjected to acts of harassment and intimidation. Most recently, Mr. Arumugam Katuraja Kanagaraj, District human rights monitor in Salem district (Tamil Nadu) of the NPPTI, was arbitrary arrested on February 15, 2008 (See Observatory Urgent Appeal IND 002 / 0208 / OBS 020, issued on February 20, 2008).
The Observatory also recalls that India was elected as a member of the Human Rights Council in 2007 for three years, and has committed, in this regard, to "uphold the highest standards of promotion and protection of human rights" [1].
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. Julfikar Ali;
ii.Put an end to any act of harassment, including at the judicial level, against Mr. Julfikar Ali as well as against all human rights defenders in India;
iii.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";
iv.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:
Smt. Pratibha Devisingh Patil, President of India, Rastrapati Bhavan, New Delhi 110004, India.Fax: Fax: 91-11-23382365, 91-11-23711772
Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India. 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 K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in
Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in / patilsv@nic.in
H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 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, February 27, 2008
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