Arbitrary detention, subsequent release and judicial harassment against Mr. Naba Dutta

August 24, 2010

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 in the following situation in India.

Description of the situation:

The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM) about the arbitrary detention, subsequent release and judicial harassment against Mr. Naba Dutta, leader of the Nagarik Mancha, a civil society organisation focused on environmental and labour rights.

According to the information received, on August 17, 2010 Messrs. Naba Dutta, along with three other members of the Nagarik Mancha were arrested, together with the car driver and a lodha victim[1], by police officials in plain clothes in their way back from West Midnapur to Kolkata, on the National Highway 60. All of them were coming back from a sit-in organised in front of the Block Development Officers at Narayangarh, West Midnapur District, to protest against the lack of effective investigation on the attack against the lodha tribe on May 5, 2010. The police officials ordered them to follow their car to the Narayangarth Police Station without presenting them a warrant or communicating them in any form the reason for their arrest. Mr. Naba Dutta car followed the police vehicle without any further argument but instead of stopping at the Narayangarth Police Station they were told to stop at the Sadatpur Investigation Centre, under the Jhargram Police Station. While Mr. Naba Dutta was driven in a police car to the Manikpur Beat House, also under Jhargram Police Station, the other passengers were released as it turned out later that the arrest only concerned Mr. Naba Dutta. Mr. Naba Dutta was reportedly sent back to the Sadatpur Investigation Centre due to his alleged connection with criminal case No. 227/09 dated December 18, 2009 at the Jhargram Police Station[2]. According to the same information, the “memorandum of arrest” which should have been issued at the moment of arrest was written on August 18, 2010 but dated by the police August 17, 2010. Furthermore, Mr. Dutta remained detained incommunicado until August 18, 2010 when he was heard before the Additional Judicial Magistrate (ACJM) Jhargram who ordered his release on interim bail bond of Rs. 1,000. Until then, he had no access to a lawyer and even his wife was prevented from visiting him.

The Observatory condemns the arbitrary detention and judicial harassment against Mr. Naba Dutta which seems to merely aim at sanctioning his human rights activities. In addition, the Observatory urges the Indian authorities to guarantee in all circumstances his physical and psychological integrity.

Actions requested:

Please write to the authorities of India, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Naba Dutta, and all members of the Nagarik Mancha as well as all human rights defenders in India;
2. Put an end to any acts of harassment - including at the judicial level - against Mr. Naba Dutta, and more generally against all human rights defenders in India so that they are able to carry out their work without hindrances;
3. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its 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”, as well as with Article 12.2 (“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”);
4. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India.

Addresses:

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857 E-mal: pmosb@pmo.nic.in
• Dr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979. hm@nic.in
• Justice Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in
• Justice K. G. Balkrishnan, Chairperson of the National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: covdnhrc@nic.in ; ionhrc@nic.in
• State Human Rights Commission, Thiruvarangam, 143, P.S. Kumarasamy Raja Salai. E-mal: shrc@tn.nic.in
• Dr. Kalaignar M Karunanidhi, Chief Minister of Tamil Nadu. Secretariat, Fort George, Chennai 600 009. E-mail: cmcell@tn.gov.in
• Ms. Latika Saran I.P.S., Director General of Police. Office of the DGP, Kamarajar Salai Mylapore, Chennai 600 004. E-mail: letika@vsnl.com
• Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, 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 (0)2 6489638 or +32 (0)2 6451869

Please also write to the diplomatic representations of India in your respective countries.

Geneva-Paris, August 24, 2010

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency 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]The lodha are a tribal people. On May 5, 2010 11 lodha huts were ransacked and set on fire by hoodlums, allegedly supported by the ruling party. A complaint was filed before the competent authorities but there no effective investigation has been carried out.

[2] The case refers to the following charges under Sections 147 (Rioting),148 (Rioting armed with deadly weapon), 149 (Unlawful assembly), 447,440,323 (Voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means), 325 (Voluntarily causing grievous hurt), 427 (Mischief), 436 (Mischief by fire), 379 (Theft), 307 (Attempt murder), 121 (Waging war against Government), 121A (Conspiring to commit certain offences against the State), 122 (Collecting arms), 123 (Concealing with intent to facilitate a design to wage war), 124A (Sedition) of Indian Criminal Code and 25/27 Arms Act.