IND002 / 0513 / OBS 045

Arbitrary detention / Judicialharassment

India

May 17, 2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), requests your urgent intervention in the followingsituation in India.

Briefdescription of the situation:

TheObservatory has been informed by reliable sources of the arbitrary detention ofMr. Abhay Sahoo, President of the “POSCO Pratirodh Sangram Samiti”(PPSS), a movement that has been leading a eight-year campaign against forcibleacquisition of common lands by South Korean steel giant POSCO in Jagatsinghpur district, OdishaState (formerly Orissa State).

Accordingto the information received, on May 11, 2013, at about 9 a.m., Mr. Abhay Sahoowas arrested by a police team from Jagatsinghpur near the Biju Patnaik airportin Bhubaneswar, as he was about to take a flight to Coimbatore, Tamil Nadu, totake part in a conference.

Mr.Abhay Sahoo was taken to Kujanga, near Paradip, Jagatsinghpur district, and chargedunder section 307 (murder), 102.b (criminal conspiracy) and 34 (commonintention) of Indian Penal Code and under sections 3 (causing explosion likelyto endanger life) and 4 (attempt to cause explosion or for making explosive toendanger life) of Explosive Substances Act, in connection to the bomb blast inthe proposed POSCO steel plant at Dhinkia village of Jagatshinghpur disctricton May 2, 2013, in which three PPSS supporters were killed when, according tothe police, they were making a bomb.

Inthe afternoon, Mr. Sahoo was produced before the judicial magistrate court inKujang, which rejected his bail petition and remanded him in judicial custody atSamagola Jail (Kujang)for 14 days.

TheObservatory condemns the arbitrary detention and judicial harassment againstMr. Abhay Sahoo, which seems to merely aim at sanctioning his peacefulactivitites in the framework of the campaing against the proposed POSCO steel plantand the related forcible acquisition of common lands farmed by villagers inJagatsinghpur discrict.

Furthermore,the Observatory is gravely concerned that a total of 54 cases of diferentnature have been filed against Mr. Abhay Sahoo at different stages of the PPSSmovement. Remarkably, he has been released on bail in 50 of them. In theframework of the ongoing harassment against Mr. Abhay Sahoo it is important tonote that he has been kept on jail in two ocassions implicated in false cases:from October 2008 to August 2009 and from November 25, 2011 to March 14, 2012[1].

Actionsrequested:

Pleasewrite to the authorities of India, urging them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Mr. Abhay Sahoo, all PPSS members as well as of all human rightsdefenders in India;

ii. Release Mr. Abhay Sahoo immediately and unconditionally since hisdetention is arbitrary as it seems to merely sanction his human rightsactivities;

iii. Put an end to acts of any acts ofharassment - including at the judicial level - against Mr. Abhay Sahoo as wellas against all human rights defenders in India;

iv. Comply with all the provisions ofthe United Nations Declaration on Human Rights Defenders, in particular withits:

- Article 1, which provides that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realization of human rights andfundamental freedoms at the national and international levels”;

- Article 6(a), which foresees that“everyone has the right, individually and in association with others, toparticipate in peaceful activities against violations of human rights andfundamental freedoms”;

- Article 12.2 (“the State shall takeall necessary measures to ensure the protection by the competent authorities ofeveryone, 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 herlegitimate exercise of the rights referred to in the present Declaration”);

v. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with in accordance with the Universal Declaration of Human Rightsand with international and regional human rights instruments ratified by India.

Addresses:

· Mr.Shri Manmohan Singh, PrimeMinister of India, Prime Minister’s Office, Room number 152,South Block, New Delhi, India. Fax: + 91 11 2301 6857 E-mal: pmosb@pmo.nic.in/ manmo@sansad.in

· Mr. Smt. Jayanthi Natarajan, Ministerof Environment and Forests, Ministry of Environment and Forests, ParyavaranBhawan, CGO Complex, Lodhi Road, New Delhi 110003, India. Email:mosefgoi@nic.in

· JusticeAltamas Kabir, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1,India. Fax: +91 11 233 83792, Email: supremecourt@nic.in

· JusticeK. G. Balkrishnan, Chairperson of the National Human Rights Commission ofIndia, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: +91 112334 0016 / 2338 4863, Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr.Shri A. K. Parashar, Focal Point on Human Rights Defenders, National HumanRights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001, India.Email: hrd-nhrc@nic.in

· Mr.Shri Naveen Patnaik, Chief Minister of Odisha, NaveenNivas, Aerodrome Road, Bhubaneswar 751001, India. Fax +91 67 4253 5100Email: cmo@ori.nic.in

· Secretary,Odisha Human Rights Commission, Toshali Bhawan (2nd Floor), Satyanagar,Bhubaneswar-751007, Odisha, India, Fax: +91 674 257 2010, Email: ohrc@nic.in

· ShriSatya Kumar Mallick, Collector & District Magistrate Jagatsinghpur. PO:Jagatsinghpur District Police, Odisha, Fax: +91 67 2422 0299 Email: dmjsp@ori.nic.in

· H.E. Mr. Dilip Sinha, Ambassador Extraordinary and Plenipotentiary, PermanentRepresentative 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

· Embassyof 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 ofIndia in your respective countries.

***

Geneva-Paris,May 17, 2013

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

TheObservatory, an OMCT and FIDH venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call theemergency line:

· E-mail: Appeals@fidh-omct.org

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

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

[1] See Observatory Urgent Appeal IND 001 / 0112 / OBS 004.1, issued on March16, 2012.