Arbitrary arrest and remand to judicial custody of Mr. Kalimuthu Kandhasamy

India

February 27, 2015

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the World Organisation Against Torture (OMCT) and theInternational Federation for Human Rights (FIDH), requests your urgentintervention in the following situation in India.

Description of the situation:

The Observatory has been informed by reliable sources about thearbitrary arrest and remand to judicial custody of Mr. Kalimuthu Kandhasamy, District Organiser of Citizens for HumanRights Movement (CHRM), a non-registered people’s organisation founded byPeople’s Watch, which provides legal assistance and counsel to victims of humanrights violations in Tamil Nadu. Mr. Kandhasamy was charged with several crimesincluding impersonating a public servant, cheating, and improper use of emblems[1].

According to the information received, on February 25, at about 7.15p.m. Mr. Kandhasamy was arrested at his residence in Ramanthapuram (Tamil Nadu)by police personnel from the Kenikkarai Police Station, and subsequentlyremanded to judicial custody. No warrant or arrest memo was reportedlypresented at the time of his arrest.

The charges against M. Kandhasamy are related to the fact that the nameof his organisation, the “Citizens for Human Rights Movement” (CHRM), violatesthe provisions of the Tamil Nadu Societies Registration Act, which provide thatno non-governmental institution should have the term “human rights” in itsname.

However, neither Mr. Kandhasamy nor the CHRM have presented themselvesas a public authority, and the Observatory notes that there is no evidencesupporting the charges of cheating filed against Mr. Kandhasamy by theInspector of Police.

Furthermore, it is especially worrisome that Mr. Kandhasamy is a heartpatient who had very recently consulted a medical specialist with complaints ofkidney stones requiring medical attention.

The Observatory condemns the arbitrary arrest of Mr. Kandhasamy, as wellas the charges against him, which are directly related to his legitimate andpeaceful human rights activities.

Accordingly, the Observatory calls on the authorities to immediately andunconditionally release Mr. Kandhasamy and to drop all charges held againsthim.

The Observatory is further concerned by the provisions of the Tamil NaduSocieties Registration Act prohibiting the use of the words “human rights”,which blatantly violate international human rights standards as they pose directobstacles to the legitimate conduct of human rights activities and freedom ofassociation.

Actions requested:

Please write to the authorities of India asking them to:

i. Immediately andunconditionally release of Mr. Kandhasamy and drop all charges held againsthim;

ii. Guarantee in allcircumstances the physical and psychological integrity of Mr. Kandhasamy, aswell as of all human rights defenders in India;

iii. Reform therestrictive Tamil Nadu Societies Registration Act in order to allow thepopulation, particularly human rights defenders, to participate to human rightsactivities within the framework of the civil society and non-governmentalorganisations in the country;

iv. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with:

- Article 1, which provides that “everyone has the right, individually andin association with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”; and

- Article 12.2, which provides that “the State shalltake all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”;

v. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by India.

Addresses:

- Mr. Shri Nanredra DamodardasModi, Prime Minister of India, Prime Minister’s Office, Room number 152, SouthBlock, New Delhi, India. Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in /manmo@sansad.in

- Mr. Raj Nath Singh, UnionMinister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, NewDelhi 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 AdhikarBhawan Block-C, GPO Complex, INA, New Delhi - 110023, India. Fax +91 11 24651329. Email: covdnhrc@nic.in; ionhrc@nic.in

- Mr. A. K. Parashar, FocalPoint on Human Rights Defenders, National Human Rights Commission, FaridkotHouse, Copernicus Marg, New Delhi 110 001, India. Email: hrd-nhrc@nic.in

- Mr. T. O. Panneerselvam, ChiefMinister of Tamil Nadu: Telephone: +91 44 25672345 / +91 44 24933112. Fax: +9144 25671441. E-mail: cmcell@tn.gov.in

- H.E. Mr. Dilip Sinha,Ambassador, Permanent Mission of India to the United Nations (Geneva), Rue duValais 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 26451869

Please also write to thediplomatic mission or embassy of India in your respective country.

***

Geneva-Paris, February 27, 2015

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to theprotection of human rights defenders and aims to offer them concrete support intheir time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 331 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 4122 809 49 39 / + 41 22 809 49 29

[1] The case was registered in Cr. No. 92/2015 under sections 170 (impersonating apublic servant) and 420 (cheating) of the Indian Penal Code read with Section 5(Prevention of Improper Use) of the Emblems and Names Act, 1950.