observatory for the protection of human rights defenders annual report 2010

Political context In 2009, poverty remained a reality for millions of people in India, as UN High Commissioner for Human Rights Ms. Navanethem Pillay emphasized on the occasion of her visit to India in March 2009. Indeed,

benefits and dividends of the economic liberalisation1 and rapid economic growth were not always shared equally . In particular, the poorest and most marginalised groups, primarily the Dalits and Adivasis, continued to face discrimination despite the illegality of the caste system and to live in deep poverty. Landless farmers and Adivasis were also subjected to forced evictions in several States due to industrial and other business projects.

In addition, widespread asymmetries in power and wealth were “com- pounded by the persistence of gaps in the implementation of higher courts’ decisions […] and of national laws and policies that promote and protect

human rights and seek to2 support the most vulnerable”, as underlined by the High Commissioner . Indeed, human rights violations continued to be rampant in 2009, while impunity for those abuses remained widespread, especially as Section 197 of the Criminal Procedure Code and the Armed

Forces Special Powers Act (AFSPA) in areas affected by armed uprising3 still provided protection from prosecution to the police and security forces . Moreover, the Government amended the Unlawful Activities (Prevention) Act of 1967 in December 2008, which, inter alia, extends the detention without bail period from 90 to 180 days and police custody from 15 to 30 days,

1 / See Statement by Ms. Navanethem Pillay, High Commissioner for Human Rights at the National Human Rights Commission (NHRC), March 23, 2009. 2 / Idem. 3 / In this regard, the UN High Commissioner for Human Rights called on India to repeal laws providing security forces with excessive emergency powers, including the AFSPA, which “breach contemporary international standards”. See Statement by Ms. Navanethem Pillay, High Commissioner for Human Rights at the NHRC, March 23, 2009. The AFSPA, which is at the origin of many acts of police violence in the State of , entered into force in 1958 and gives the Indian army full powers in areas affected by armed uprising, notably in Kashmir and in the north-eastern States, including Manipur, where separatists rebels are present. In particular, the AFSPA empowers soldiers to arrest, keep in detention and shoot at any person (Section 4.a) so as to “maintain public order” if the soldier has reasons to believe that such person is an “insurgent”. This can be carried out with total impunity, as the law requires the permission 260 from the central Government to prosecute a member of the army. The Focal Point was established inMay 2010. 5 which may extend to life. imprisonment, years five least at with punishable be shall terroristact a for funds provides or funds The bill also says that anyone in India or in a foreign country who directly or indirectly raises or collects or committing abetting a terror aiding, act “shall of be punishable intention with imprisonment the for with a term whichweapons may extend toradiological 10 years”.or biological chemicals, poisonous 4 inap as seen be only can comments issues. Such order and law to solution a as unavoidable” “sometimes are killings” “encounter which to according K. of NHRC,the G. a made statement Chairperson new the Balakrishnan, violations forces. by In committed addition,and the paramilitary armed in July,rights Justice human address not does it and power recommendatory a only has it others, as,among mandate limited very a with institution an support for it to out reach can they that NHRC,so the at preferably Defenders, for Point Focal a up set to need a action”, was or there any arbitrary that and pressure discrimination, adverse retaliation, threats, violence, any against be State the by should protection “provided defenders that recalled it which of end the at defenders rights Human Rights Commission, on October 12, 2009, of a workshop on human out. carried being is operation the where areas the in living the populations tribal against affected seriously which and movement Maoist operations out carried police armed State with along troops Pradesh,and Andhra West Maharashtra Bengal, and by paramilitary which Jharkhand, Orissa, of , States in the 2009 in November began which Hunt”, Green “Operation the during particular in displacements, internal large-scale facing were continuously State in Chhattisgarh district cor Dantewada of populations encouraged tribal addition, In crime. common also and law ruption of rule the guarantee to failure operate. nature Government’s various of movements militant where Pradesh, Madhya and Orissa Chhattisgarh, Assam, Manipur, in of States increased the in mostly 2009,alarmingly executions extrajudicial of number the context, this In torture. and rape custodial detention, in deaths insurgents, armed and agencies by State arrests, abductions arbitrary sides, on both including abuses rights human to leading deployed, increasingly turn in were forces police and States, paramilitary to other spread in Chhattisgarh conflict the acts terror in involved those for imprisonment life for provides and evidence as wiretaps of use the accepts

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A welcome development in 2009 was the organisation by the National National the by organisation the was 2009 in development welcome A As the Naxalite Maoist movement intensified its attacks in 2009 and and 2009 in attacks its intensified movement Maoist Naxalite the As

In addition, a new section has been inserted in the bill that says that those using explosives, firearms, See NHRC, Recommendations made at the Workshop on Human Rights Defenders, 4 . 5 . However, the NHRC remains remains NHRC the However,. l a u n n a October 12, 2009.

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propriate from the Chairperson of the NHRC, an institution that hundreds of victims approach seeking redress in cases of extrajudicial executions.

The general elections to the 15th “Lok Sabha”, the lower house of the Indian Parliament, which poll process was completed on May 16, 2009, did not bring any change to the human rights situation in the country, as the ruling alliance led by the Congress Party, which returned to power, had failed to address the most urgent human rights issues in the country at the end of 2009. Acts of harassment against defenders of the rights of marginalised communities In 2009, human rights defenders working to promote the rights of Dalit and other marginalised communities remained victims of repression and of acts of harassment. For instance, Mr. Marimuthu Barathan, President of the Human Rights Education and Protection Council, who has been working closely with Dalit communities in Tirunelveli and surrounding southern districts of State, has been subjected to judicial har- assment since May 27, 2009. On that day, he was arrested by the police and

accused of the murder6 of a man, as well as of being involved in the killing of 20 Dalit people . Mr. Barathan had played a crucial role in the filing of the highest number of cases under the Scheduled Cast / Scheduled Tribe (Prevention of Atrocities) Act. He also campaigned for police reforms and against custodial torture. He was charged for various offences, including “rioting armed with deadly weapons” and “murder”. On June 27, he was released from prison on bail. As of the end of 2009, the charges against Mr. Barathan remained pending and the trial in the case had not started yet. Furthermore, on July 22 and 23, Dr. , Convener of the Peoples’ Vigilance Committee on Human Rights (PVCHR), a local

non-governmental human7 rights organisation working in , Uttar Pradesh (northern India) , received continuing and renewed death threats over his mobile. In 2008, Dr. Raghuvanshi had already received threaten- ing calls, warning him that he would be killed if he continued to work with the Dalit communities. On July 23 and 24, he registered a complaint

before the Director General of Police of 8Lucknow, Uttar Pradesh, and Inspector General of Police, Varanasi zone . In December 2009, members

6 / Following those killings, the Tirunelveli police arrested several Dalit people. The victims sought the assistance of Mr. Barathan, who defended their cause in front of Government officials and the police and stated that these persons were falsely accused. It is alleged that Mr. Barathan was accused in retaliation. 7 / PVCHR is a network of human rights bodies that campaign on various issues relating to the Dalit community, including the education of children, fair salaries, property title and the fundamental rights of members of this community. 262 8 / See Peoples’ Vigilance Committee on Human Rights (PVCHR) Statement, July 24, 2009. detained and the charges against him were still pending still were him against charges remained the and Mr.Kunjam 2009, detained of end the of As Act. Arms 25 the of Sections 27 and and Code, Criminal the of 149 and under 148 weapon”, 147, a 302, Sections carrying “illegally and State” the against war “waging “murder”,with 11 December on charge, Mr. charged without was Kunjam released they later Mr.where was Toppo Although station, beaten. severely police reportedly were Bhairamgarh to brought and arrested were Coordinator ment. 10, On December 2009, Messrs. Liberties (PUCL)andPeople’s Watch. blocked by the national Government, leading to a lay-off of staff members. See People’s Union for Civil VCA’s was 2009,order.January overseas from the In support against financial case court ongoing an alleging out, that VCA’s property had encroached on forest land. The demolition was carried out despite 2009.dayonlyone beforedemolition was the carriedVCAit noticeof authoritiesserved with The had 17,May on bulldozersbyKumar’s demolished Humanshu were and home, dispensary medical a halls, 12 11 Court. initiate atthe High acase and complaints lodge to 2009 January in Singaram in and 2008 March in Matwara in forces security 10 State.in Chhattisgarh rebels Maoist with conflict forcesongoing security State-backedbythe peoplesand of part as militias 9 protesters peaceful against force used police Pradesh Madhya 29,the 2009, October on Thus, reprisals. to subjected also were communities ised organisation the evict to pressured Mr. the On militias. Judum informed Salwa headquarters VCA’s rented of day, the landlord same temporary the by displaced peoples indigenous of compensation and rehabilitation the for providing order Court Supreme Indian an of implementation the for demonstrations peaceful organise to VCA to permission grant to declined Magistrate District Dantewada the to group the take 16, to back. turn to had December On eventually not women the and Dantewada warned were drivers capital. bus State and the taxi , addition, from In marching while police by harassed and stopped twice were based, is VCA where Chhattisgarh, in Dantewada to in conflict However,Chhattisgarh. ongoing southern a of 39 group women’sthe travelling by activists affected villages through VCAmarch join peaceful to a in planned had India around from activists rights human 14, the by displaced Chhattisgarh in communities conflict Adivasi of resettlement the for working of Vanvasi (VCA), Ashram Chetna NGO and development a rights human

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/ / / Those who defended the land and environmental rights of marginal of rights environmental and land the defended who Those

Since 2005, VCA has documented human rights abuses committed against the local indigenous indigenous local the against committed abuses rights human documented has VCA 2005, Since

See People’s Watch. VCA had moved into the rented premises after their office and residential property, including training

In particular, Mr. Kunjam helped the families of indigenous peoples who were allegedly killed by killed allegedly were who peoples particular,indigenous In familiesof Mr.the helpedKunjam Humanshu Kumar Humanshu 10 , and and , Alban Toppo Alban , founder of the organisation, that he was being being was he that organisation, the of founder , 9 , were also subjected to various acts of harass of acts various to subjected also were , , a lawyer and also a member of VCA, of member a also and lawyer a , 12 . Kopa Kunjam Kopa , VCA Rehabilitation 11 . On December December .On l a u n n a

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and arrested 19 leaders of the Save Narmada Movement (Narmada Bachao Andolan – NBA), a coalition of local organisations fighting for the rights of people who were displaced because of the dam-building projects on the Narmada river, which are also affecting the eco-system. The protesters were demanding consultation and the implementation of judicial orders for the rehabilitation of Adivasis and other communities displaced by the projects. The police also raided the NBA office in Khandwa on October 30, seized papers belonging to the organisation, sealed the office for an hour and arrested another NBA senior activist. On November 6, the 20 NBA activists, including Messrs. Alok Agarwal, Chittaroopa Palit, Kamla Yadav and Ramkuwar Rawat, were released on bail. However, as of the end of 2009, they continued to face charges for offences under Sections 147 (“rioting”) and 333 (“causing grievous hurt to deter a public servant from discharge of duty”), 323 and 332 (“voluntarily causing hurt to deter a public servant from discharge of duty”), 353 (“assault or apply-

ing criminal force to deter a public servant from discharge of duty”) and13 294 (“performing obscene acts and songs”) of the Criminal Code . Moreover, as of the end of 2009, Messrs. Rabindra Kumar Majhi, Madhusudan Badra and Kandera Hebram, members and activists of the Keonjhar Integrated Rural Development and Training Institute (KIRDTI), an organisation that advocates for the land rights of Adivasis, and for

ecological protection from14 mining and illegal logging in Keonjhar district, in the State of Orissa , remained arbitrarily detained in Keonjhar since their arrest in July 2008 as the charges against them remained pending in relation to their alleged connections with armed Maoist groups. Assaults against anti-corruption activists The denunciation of corruption in India remained a high-risk activity in 2009, in particular at the local level. For instance, on July 16, in the Vanniyar area of Kilavadinatham village, a group of ten men led by a relative of Mr. M. Kumar, S/o. Mayavan – the Panchayat President of Kilavadinatham – assaulted Messrs. D. Thambirajan and Ramasamy, members of the Citizens for Human Rights Movement, for their involvement in the expos- ing of corrupt practices by the local Panchayat President in implementing the National Rural Employment Guarantee Scheme in Cuddalore district (Tamil Nadu). Mr. Thambirajan managed to escape but Mr. Ramasamy got caught by a man who hit him with an iron pipe and bamboo canes. Mr. Ramasamy’s son, Rajesh, and two other relatives, Messrs. Subramani and Ponnusamy, tried to rescue him but they were also attacked. Special Sub Inspector of Police, Mr. Gnanasekaran, of Buvanagiri police station

13 / See People’s Watch. 264 14 / KIRDTI is also involved in working on development activities with the “Juang” tribal community. Dr. Sen had been arrested in 2007 under the Chhattisgarh Special Public Public Special Chhattisgarh 2009. the of under 2007 in end arrested the been Dr. had of Sen 2009, as 25, Court May Raipur on the India before of prosecuted Court remained he Supreme the by bail was State, granted Chhattisgarh finally the in branch and PUCL the (PUCL) of General Liberties Civil Secretary for Union Peoples’ the of Vice-President Dr. although instance, For reprisals. to be to subjected continued forces armed and police by committed abuses other and forces armed and police by committed abuses other and executions extrajudicial against protesting defenders of detention Arbitrary owners. brothel the from money extort to tried had they that alleging and activity illegal in involved been had Mr. that Guria of implied members and Singh Dhara Vichar Chetna newspapers, daily 8, 2009,two Moreover, March cases. on criminal in implicated be would he or encounter” police a during “killed be would he that him threatened representative police a particular, In police. members the of by threatened was he where station, police Allahabad Kotwali to brought was Mr. operation, Singh rescue the Following uncooperative. to police the ordered them. accompany However,had reportedly was operation, the police the during Magistrate, City the by directed Magistrate, District Additional the and assistance, police requesting Administration District Allahabad the to application an made had Guria operation, rescue the city.before Indeed, Allahabad in Meerganj, near district light red the their and in prostitution operation a rescue in following police by local the children, threatened was women of rights other and education health, rehabilitation, the for and trafficking human against working organisation offic police and Mr.6, March On politicians ers. corrupt from support receive to continued trafficking human against fighting defenders of Harassment to against pending. charges remanded remained the 2009, Thambirajan and were of Ramasamy Messrs. end the of Ponnusamy As custody. and judicial in days Rajesh 15 July On Subramani, accused. as Messrs. added 17, were Thambirajan and them. Ramasamy against filed However, Messrs. was case complaint. false a a complaint, lodge their to receiving of station instead police Buvanagiri to come to others the instructed and hospital the to go to Mr. alone asked Ramasamy victims of acts of intimidation in 2009, all the more as human trafficking trafficking human as more the all 2009, in intimidation of acts of victims In 2009, human rights defenders denouncing extrajudicial killings killings extrajudicial denouncing defenders rights human 2009, In again were trafficking human against fighting defenders rights Human and and Ajeet Singh Ajeet Amar Ujala Amar , President of “Guria”, a human rights rights human a “Guria”, of ,President , published articles in which they they which in articles published , Binayak l a u n n a , National National ,

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15 Security Act 2006 and the Unlawful Activities (Prevention) Act 2004 for alleged links with the Naxalite Maoist guerrilla. He had helped to organise fact-finding investigations on human rights violations in the State of Chhattisgarh, including abuses against detainees. He also denounced the alleged involvement of the police into the unlawful killing of 12 Adivasis in 2007. Moreover, on August 4, Ms. Phanjoubam Sakhileima, President of “Apunba Manipur Kanba Imma Lup” (AMKIL), a women’s civil society umbrella group in Manipur and a member organisation of “Apunba Lup”, an umbrella group coordinating the civil protest against police brutality in Manipur, Ms. Lourembam Nganbi Devi, AMKIL Vice-President, and Ms. Yumlembam Mema, AMKIL Secretary General, were arrested by policemen after they were allowed to meet the Governor of Manipur in the margins of a demonstration organised in response to the summary killings by the Manipur Police Commando Unit of a young man and a mother in her advanced stage of pregnancy in Imphal (Manipur State) on July 23. The next day, they were remanded in judicial custody. On August 10, the District Magistrate of Imphal West informed that

Ms. Lourembam16 Nganbi was detained under the National Security Act, 1980 (NSA) , but did not provide any grounds for the detention of the two others. On January 8, 2010, Ms. Sakhileima, Ms. Nganbi Devi and Ms. Mema were released on bail but remained charged with “disturb- ing normal public life”, “helping the general people to agitate against the

Government”, “supporting17 outlaw organisations” and “possible threat to national security” . In the same context, on August 5, the police arrested Messrs. Phurailatpam Devan Sharma, Secretary of the All Manipur United Club Organisation (AMUCO), a member organisation of “Apunba Lup”, Chingtham Dayananda, Assistant Publicity Secretary of AMUCO, Th. Naobi and Karam Sunil, Coordinators of “Apunba Lup”, on charges of “rioting”, “causing damage” and “breaking the peace of the people”. The following day, they were remanded in police custody until August 10,

2009, when they were detained under the NSA. On January 8, 2010, they18 were released after the Government withdrew the charges against them . Similarly, on September 14, 2009, Mr. Jiten Yumnam, a member of the Coordinating Committee of the Asia Pacific Indigenous Youth Network (APIYN) and Secretary of the NGO “Citizens’ Concern for Dams and Development” (CCDD), an organisation working on environmental rights

15 / These laws have been widely criticised for being extremely vague and subjective on what is deemed unlawful by the authorities. Moreover they include no provision for the granting of bail to detainees or for the right to appeal. 16 / Under the NSA a person can be detained without charges (preventative or administrative detention) for a period of up to one year. 17 / See People’s Watch. 266 18 / Idem. Amom Soken Amom shortly for afterwards thesamereasons. again detention in placed then and releasedyearevery is Sharmila Therefore,Ms. detention. in year one of 20 19 feeding. nasal forced to resorted larly regu then since have authorities the consequence, a As then. since drink suicide” (Section 309 of the Criminal Code) Criminal the of 309 (Section suicide” “attempting for detained be to AFSPA,continued the against 2000 2, protest November in since strike hunger on been has who defender rights Ms. 2009, of end the of as Moreover, trafficking. and smuggling killings, extrajudicial including (BSF), Forces Security Border by committed abuses denounced past. regularly the He in threats case. and a harassment up judicial to file subjected not been already did has Mr. Sharma police the calls, the about informed were officers senior of and other Police of Murshidabad the the Superintendent fact that Despite station. police Jalangi to complaint written a lodged Mr.Sharma (West Bengal), on District threats his phone.death received On 24,August Mancha” Suraksha in Murshidabad (MASUM) Manabadhikar of “Banglar August 22, Mr. released all therefore were they and dropped, were AMUCO seven the and Mr. Yumnam against charges the July 2010, 7, on January woman On 2009. 23,pregnant the and man young the of killing extrajudicial the at protests following society civil on crackdown the of part and forces security by killings extrajudicial against protests peaceful their of for organisation retaliation direct in allegedly torture is to arrest Their subjected ill-treatments. and reportedly were detainees the detention, in While Act. Secret Official the of O Section and insurgents”), support of motivating or acts ing (“unlawful Act (Prevention) Activities Unlawful the of 16/18/39 Section State”), the against offences commit to “conspiring and war” wage to (“attempting Code Criminal the of 121.A and 121 Sections under Brojen, charged were detention. in They remained and 815 Irom Toarem Ramananda Soken, (about Amom Yumnam, rupees Jiten Messrs. 50,000 of while each, bond euros) surety a against after bail detention granted from being day same the on released were Koireng 2009. 29, Chungset September and until Nando Tompok, Shamjetsabam Likmabam custody Dinesh, Thiyam Messrs. police in remanded were they 15, September On office. their raided Commandos Police West Imphal and Nando Messrs. namely executives, AMUCO seven arrested also police day, the same the On warrant. arrest without airport, Imphal at police the by arrested was India, east north in /

/ / See Centre Research for Organisation andEducation(CORE).

According to the Criminal Code, the maximum sentence for the charge of “attemptingsuicide” is of charge the for sentence maximum the Code, Criminal the to According and and Thiyam Dinesh Thiyam Gopen Chandra Sharma Chandra Gopen , Irom Brojen Irom Chungset Koireng Chungset , after a combined team of Singjamei police police Singjamei of team combined a ,after , Toarem Ramananda Toarem Chanu Irom , Monitor Rights Human District 20 and has refused to eat or or eat to refused has and , Likmabam Tompok Likmabam , Shamjetsabam Shamjetsabam l a u n n a , a human human a ,

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Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Dr. Binayak Sen Release on bail / Judicial Urgent Appeal IND May 26, 2009 proceedings 004/0408/OBS 055.1 Messrs. D. Thambirajan Assault / Abuse by the Urgent Appeal IND July 23, 2009 and Ramasamy police 001/0709/OBS 109 Mr. Marimuthu Barathan Arbitrary arrest / Urgent Appeal IND August 25, 2009 Release / Judicial 002/0809 /OBS 123 harassment Mr. Gopen Chandra Sharma Death threats / Urgent Appeal IND August 26, 2009 Harassment 003/0809/OBS 125

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