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 on the following situation in India.
Brief description of the situation:
The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM) about the harassment and ill-treatments against Messrs. Mahiruddin Seikh and Safikul Islam, two staff members of MASUM[1] in Murshidabad district, West Bengal.
According to the information received, on March 28, 2013, at about 4pm, Messrs. Mahiruddin Seikh and Safikul Islam went to Raninagar police station (Domkal sub-division, Murshidabad district) along with one Ms. Kanchan Bibi, a victim of physical torture by her husband and other members at her in-laws house as well as the sister of Mr. Seikh, in order to lodge a written complaint in this regard. After waiting for over two hours, Messrs. Mahiruddin Seikh and Safikul Islam requested Sub-Inspector Swarup Biswas to register the complaint, which he refused.
When Mr. Mahiruddin Seikh protested against such behaviour of the police, Sub-Inspector Biswas started to use abusive words to them and ordered Mr. Abdul Kalam, Home Guard of Raninagar police station, to drive them out from the police station. Mr. Abdul Kalam and Sub-Inspector Anil Biswas then caught hold Mr. Mahiruddin Seikh’s neck and drove him out from the police station. Sub-Inspector Biswas and Mr. Kalam also told Messrs. Mahiruddin Seikh and Safikul Islam that “they would teach them a proper lesson so that they could not able to do work with MASUM again and also stated that they would teach all of them who have an involvement with MASUM”. Then they caught hold the shoulders of the two defenders and pushed them with their knees.
After both human rights defenders had left the police station, Sub-Inspectors Anil Biswas and Ajay Paul, along with Mr. Abdul Kalam, came to know that Mr. Safikul Islam is working with MASUM and therefore decide to run after them. They forcibly dragged Mr. Safikul Islam to the police station, where they detained him illegally for several hours, without giving him any explanation regarding his detention. While in detention, Mr. Islam was verbally abused, bullied for his involvement with MASUM and was slapped and shoved. Afterwards Mr. Abdul Kalam took Mr. Islam to Ghodhonpara Health Centre, where he received preliminary medical treatment.
Mr. Swarup Biswas subsequently influenced the Medical Health Officer of Ghodhonpara Health Centre so that he did not furnish a prescription that could have proved that Mr. Islam had been subjected to ill-treatments. He also requested the Medical Officer to admit Mr. Abdul Kalam so that they could prove that Mr. Kalam was brutally tortured in the hands of Mr. Islam. Then Mr. Kalam lodged a written complaint before the Officer-In-Charge of Raninagar police station informing that Mr. Safikul Islam came to Raninagar police station to lodge a complaint regarding the torture committed upon Ms. Kanchan Bibi and following a controversy between Mr. Islam and Mr. Kalam regarding that matter, Mr. Islam started to assault him without any reasons. A First Information Report (FIR) was lodged on the basis of that complaint and Mr. Safikul Islam was charged under sections 186/353/333/307 of the Indian Penal Code[2]. On March 29, 2013, Mr. Safikul Islam was produced before the court of Additional Chief Judicial Magistrate, Lalbagh, which rejected his bail application. On April 6, 2013, Mr. Islam was produced before the court again and released on bail.
On April 1, 2013, Mr. Mahiruddin Seikh lodged a written complaint before the District Magistrate, Murshidabad, and the Superintendent of Police of Murshidabad about the whole incident. Yet, to date, no action has been taken by the higher authorities.
The Observatory recalls that this is not the first time that MASUM workers are being targeted because of their human rights activities, and calls upon the Indian authorities to ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals.
Actions requested:
Please write to the authorities in India, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Mahiruddin Seikh and Mr. Safikul Islam as well as of all human rights defenders in India;
ii. Carry out a thorough, impartial and transparent investigation into the above mentioned facts in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the sanctions provided by the law;
iii. Put an end to any act of harassment against Mr. Mahiruddin Seikh and Mr. Safikul Islam, 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 and fear of reprisals;
iv. 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”;
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 Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;
Mr. Sushil Kumar Shinde, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
Chief Justice of India, Supreme Court,Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;
National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;
Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;
Governor, West Bengal, Raj Bhaban, Kolkata - 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, Email: secy-gov-wb@nic.in;
Miss Mamata Banerjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata - 1, Fax - +91 33 22145480, Email : cm@wb.gov.in, sechome@wb.gov.in;
Permanent Mission of India to the United Nations in Geneva, Rue du Valais 9, 1202 Geneva, Switzerland. Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
Please also write to the diplomatic mission or embassy of India in your respective country.