Description of the situation:
According to the information received, on August 2, 2015, Mr. Majumder visited the Bhaktinagar Police Station with a Sub Divisional Officer Court’s order to collect Ms. Barman’s belongings. The police officers told him that they would call Ms. Barman to arrange the delivery of her belongings, and she received a call on August 5 telling her that she could collect her belongings at Laketown the following day.
On August 6, 2015 at around 2.30 p.m., Mr. Majumder accompanied Ms. Barman to the agreed area. After retrieving the belongings, they were riding in a minivan back home when the driver informed them that the vehicle had been seized by the police and was forced to go New Jalpaiguri outpost for further enquiry. When they arrived at the outpost, Mr. Prithiraj Barman, Ms. Namita Barman’s husband, arrived wearing in a police officer’s vest and asked for Mr. Majumder’s identification and about his human rights activities and his organisation. Mr. Barman verbally harassed and abused Mr. Majumder, accusing him of being in an illicit relationship with his estranged wife. The police officers who were at the scene did not intervene.
Mr. Majumder was then arbitrarily detainedin police custody[1] overnight without access to food until the next day at 10.30 a.m., when he was forced by a police officer to sign a document paper without being allowed to read it. He was then informed that Mr. Barman had filed a complaint against him for alleged threats to a police officer, and that consequently a criminal case had been opened against him.
The Observatory recalls that this is not the first episode of harassment against members of the organisation MASUM[2] and calls on the authorities to stop any form of harassment against the association.
The Observatory condemns the arbitrary arrest of Mr. Majumder, as well as the charges against him, which seem to be aimed at punishing him for his legitimate and peaceful human rights activities.
Actions requested:
Please write to the authorities of India asking them to:
i. Put an end to any form of harassment against Mr. Majumder and drop all charges against him.
ii. Guarantee in all circumstances the physical and psychological integrity of Mr. Majumder, as well as of all human rights defenders in India;
iii. 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”; 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”;
iv. 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
– Ms. 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, August 14, 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.
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[1] The detention was not sustained by any evidence of a crime committed, no explanation was given to the accused, and no official arrest warrant was issued against him.
[2] See the Observatory’s Urgent Appeals IND 001 / 0514 / OBS 041 of May 15, 2014, IND 002 / 0714 / OBS 067 of July 30, 2014, IND 004 / 1114 / OBS 091 of November 26, 2014 and IND 004 / 1114 / OBS 091.1 of December 24, 2014.