Attacks against relatives of Mr. Ajimuddin Sarkar, MASUM District Human Rights Monitor in Murshidabad

Harassment

India
March 31, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inIndia.

New information:

TheObservatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM)of attacks against relatives of Mr. AjimuddinSarkar, a District Human RightsMonitor for MASUM in Murshidabad district (West Bengal, India). Mr. Sarkar is arenowned human rights defender who has been instrumental in denouncing numerouscases of human rights violations in Murshidabad district.

Accordingto the information received, at midnight on March 23, 2016, Mr. Rafikul Islamand his accomplices[1] used sharp weapons andfirearms to attack the house of Mr. Abdul Majid Seikh, Mr. Ajimuddin Sarkar’sbrother, in the village of Bardhanpur Choyapara, Raninagar, Murshidabad. Theattack occurred while everyone in the house was asleep. During the attack, theperpetrators shouted threats against Mr. Ripon Seikh, Mr. Masudul Hossain andMr. Sahidul Islam, Mr. Ajimuddin Sarkar’s nephews. The group also loudlyinsulted the women inside the house. Although the Raninagar police station wasphoned and informed of the attack that night, they did not intervene.

Thenext morning at 6 am, as Mr. Ripon Seikh, Mr. Abdul Majid Seikh’s son, exitedhis house, Mr. Rafikul Islam and his group attacked him with daggers, pistolsand bombs. Mr. Ripon Seikh was hit in the back with a dagger and fell downbleeding. At that moment, Mr. KabilSeikh and Mr. Habil Seikh, twocousins of Mr. Ajimuddin Sarkar, tried to help Mr. Ripon Seikh and were bothattacked and severely injured. The attackers then fled and eyewitnesses of theincident brought the injured to Godhanpara Block Primary Centre, who weretransferred to the Baharampur New General Hospital due to their seriouscondition. On March 25, 2016, Mr. Ripon Seikh was released from the hospitalbut he is still under medical treatment. As of issuing this Urgent Appeal,Messrs. Kabil Seikh and Habil Seikh remained at Murshidabad Medical College andHospital in critical condition.

On March 24, 2016, Mr. Ripon Seikh’s grandmother registered a complaint withthe Raninagar police station, but a copy of the FirstInformation Report (FIR) was only provided to the family on March25, 2016 evening after several requests were made. Raninagar policeregistered one case based on this complaint against Mr. Piarul Islam, Mr.Nijarul Islam, Mr. Rafikul Islam, Mr. Panjatan Sk, Ms. Hema Bibi, Ms. AdoraBibi and Mr. Hamida Bibi[2].As of issuing this Urgent Appeal, the Raninagar police had still not arrestedany of the accused persons, and Mr. Ajimuddin Sarkar’s family remains concernedfor their safety.

Moreover,on March 24, 2016, the Raninagar police registered another criminal case[3]based on a complaint lodged by Ms. Hema Bibi (Mr. Rafikul Islam’s wife and oneof the accused persons in above-mentioned attack) against Messrs. Abdul MajidSeikh, Ripon Seikh, Sahidul Islam, Masidul Seikh, Alamgir Kabir, Babu Seikh andMakil Islam, who are all close relatives of Mr. Ajimuddin Sarkar. On March30, 2016, they all surrendered in court of the Additional Chief JudicialMagistrate, Lalbagh, and were released on bail.

TheObservatory expresses its deep concern following the above-mentioned attacksand acts of harassment against Mr. Ajimuddin Sarkar’s relatives, which seem tobe retaliation for his work as District Human Rights Monitor for MASUM inMurshidabad district. In particular, it is noteworthy that one of theassailants, Mr. Amzad Hossian, is the son of Mr. Nasiruddin Sarkar, who is thePradhan of Malibari I Gram Panchayet, against whom MASUM has made complaintsfor misappropriation of public money.

TheObservatory recalls that this is not the first time that Mr. Ajimuddin Sarkar’srelatives have been targeted as retaliation for his human rights work[4].

The Observatory also recalls that Mr.Ajimuddin Sarkar faces recurrentacts of intimidation and judicial harassment by the police, which seem to beaimed at punishing him for his legitimate and peaceful human rights activities (seebackground information).

Accordingly,the Observatory calls on the Indian authorities to carry out an immediate,thorough, impartial and transparent investigation into the above-mentionedattacks against Mr. Ajimuddin Sarkar’srelatives, and to guarantee in all circumstances their physical andpsychological integrity.

Background information:

On November 21, 2014, law enforcementagents from the Raninagar police station arrested Mr. Ajimuddin Sarkar athis place of residence and transferred him to the ACJM Court, Lalbagh. Mr.Sarkar was reportedly arrested pursuant to an arrest warrant for a pendingcriminal case under the Passport Act.

On May 20, 2014, Mr. Sarkar had filed anapplication before the ACJM Court, Lalbagh, expressing his concern that he hadbeen falsely implicated in an unknown criminal case by the police and the BSF,and requesting more details about such case. However, until his arrest sixmonths later, Mr. Sarkar did not receive any information about the status ofsaid criminal case, neither did he receive any summons from the police nor thecourt.

Mr. Sarkar was reportedly assaulted, abused and mistreated by the policeduring his arrest as well as in custody. On November 22, 2014, Mr. Sarkar wasadmitted to Lalbagh Sub-Divisional Hospital and subsequently referred to Berhampore New General Hospital on November 27, 2014, for medical treatment following the injuries suffered in custody. OnNovember 28, 2014, he was taken to Kolkata for advanced medical treatment. OnNovember 29, 2014, he underwent psychiatric counselling; the medical reportstated that he had several injuries such as a suspected fractured rib, as wellas post-traumatic stress, a tear on a ligament on his left leg, a feeling of humiliation, intense anxiety, fear and afeeling of sadness and helplessness. He suffered from insomnia and his doctorsexpressed their concern that the attack could have long-term effects on hispsychological health. Mr. Sarkar went to Calcutta Medical College and Hospitalfor further treatment on December 3, 2014.

On November 23, 2014, Mr. Sarkar’sson filed a complaint to the local Police Superintendent Murshidabad urging thepolice to carry out an investigation into the beatings his father had beensubjected to while in police custody. However, to this date, no informationcould be obtained regarding any enquiry or investigation following thecomplaint.

OnSeptember 22, 2015 at 10.27 a.m., Mr. Sarkar was abducted in Sekhpara(Murshidabad, West Bengal) by five to seven police officers from the Islampurpolice station who were not wearing uniforms. At the time of the incident, Mr.Sarkar was talking with victims of torture and their family members when thepolice officers arrived in a car and started beating and insulting him. Theofficers then placed him inside the vehicle and took him away.

OnSeptember 23, 2015, at 1.38 p.m., Mr. Sarkar was taken before the AdditionalDistrict and Sessions Judge (2nd Court)[5]in Berhampore-Murshidabad and a criminal case was opened against him underSections 376, 511, 323, 506 and 400 of the Indian Criminal Code and underSections 8 and 12 of the Act for Protection of Children from Sexual OffencesAct. During his detention he was slapped, kicked and pounded on the chest aswell as verbally abused. He was not given access to his medication and wasdenied food at night. He was then obliged to walk barefoot and was broughtbefore the Court in this condition. At 6.15 p.m. on the same day, a petitionfor bail was rejected and Mr. Sarkar was then transferred to the prison BerhamporeCentral Correctional Home. A Criminal Revision at Calcutta High Court (CRR No.404/2016) was filed to quash the criminal proceeding against Mr. Sarkar atIslampur police station.

Two other cases against Mr. Sarkar, namely the“Raninagar police station case No. 364/2013” (under section 12 of Passport Actread with section 109 of Indian Penal Code) and the “Domkal police station caseNo. 1243/2014” (under section 308 of the Indian Penal Code), are also ongoing[6]. ACriminal Revision at Calcutta High Court (CRR No. 2671/2015) was filed to quashthe criminal case pending against Mr. Sarkar at Raninagar police station.

MASUM has filed several complaints regardingthe harassment of its members and has been regularly sharing information withthe National Human Rights Commission (NHRC). Regarding previous incidents withMr. Sarkar and other MASUM members, the Focal Point on Human Rights Defendersat the NHRC called MASUM and informed them that they had taken up the case andsought a report from the relevant police and civil administration, but up tothis date no documents have been shared with MASUM and no appropriate actionhas reportedly been taken.

On September 22, 2015, immediately following Mr.Sarkar's abduction, MASUM filed a brief complaint with a request for urgentmeasures from the NHRC and contacted the Focal Point of the NHRC on HumanRights Defenders. However, as of issuing this Urgent Appeal, no actions had reportedly been taken over theallegations of police abuse upon Mr. Sarkar.

OnNovember 27, 2015, Mr. Ajimuddin Sarkar was granted bail[7]in relation to the first criminal case, but was not released on that day as theother case was still pending against him.

Itis only on December 8, 2015 that Mr. Sarkar was finally released on bailpursuant to the second case, since the de facto complainant filed anaffidavit stating that she did not bring any allegation of rape against Mr.Sarkar and she had no knowledge of the related criminal case against him.

Actionsrequested:

Pleasewrite to the authorities in India, urging them to:

i.Guarantee in all circumstances the physical and psychological integrity of Mr. Ajimuddin Sarkar, his relatives aswell as of all members of MASUM and all human rights defenders in India;

ii. Carry out an immediate,thorough, impartial and transparent investigation into the above-mentionedattacks against Mr. Ajimuddin Sarkar’srelatives, in order to identify all those responsible, bring thembefore an independent tribunal, and sanction them as provided by the law;

iii.Put an end to all acts of harassment - including at the judicial level -against Mr. Ajimuddin Sarkar, hisrelatives and all members of MASUM as well as against all human rightsdefenders in India so that they are able to carry out their work withouthindrances;

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 its Articles 1 and 12.2;

v.More generally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights and with international and regional human rights instruments ratified byIndia.

Addresses:

· Mr. Nanredra Damodardas Modi, Prime Minister of India. Fax: +91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in

· Mr. Raj Nath Singh, Union Minister of Home Affairs, Ministry ofHome Affairs of India. Fax: +91 11 2309 2979

· Mr.Justice T.S. Thakur, Chief Justice of India. Fax: +91 11 23383792, Email: supremecourt@nic.in

· Mr. JusticeH.L. Dattu, Chairperson of the National Human Rights Commissionof India. Fax +91 11 2465 1329. Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr. A. K. Parashar, Focal Point onHuman Rights Defenders, National Human Rights Commission, India. Email: hrd-nhrc@nic.in

· Miss Mamata Banerjee, Chief Ministerof West Bengal. Fax: +91 33 2214-3528. E-mail: cm@wb.gov.in

· H.E. Mr. Ajit Kumar, Ambassador,Permanent Mission of India to the United Nations in Geneva, Switzerland. Fax:+41 22 906 86 96, Email: mission.india@ties.itu.int

· Embassy of India inBrussels, Belgium, Fax: +32 2 6489638 / +32 2 6451869

Please also write to the diplomaticmission or embassy of India in your respective country.

[1] Mr. Rafikul Islam’s accomplicesinclude his brothers Mr. Mejarul Seikh and Mr. Panjaton Seikh; his wife, Ms.Hema Bibi; Mr. Piarul Islam; Mr. Nasiruddin Seikh; Mr. Santu Seikh; Mr. NurIslam; and Mr. Amzad Hossian, who is the son of Mr. Nasiruddin Sarkar, thePradhan of Malibari I Gram Panchayet. All are believed to also be engaged indifferent illegal activities such as extortion, theft, violence against women,and smuggling. Despite official complaints lodged by local residents regardingthese illegal activities, the local police have undertaken no action againstthese individuals for these crimes. Mr. Rafikul Islam is a local leader of theIndian National Congress Party and his wife, Ms. Hema Bibi, is a member ofMalibari l Gram Panchayet (local self government) as a candidate of the IndianNational Congress Party.

[2]The case is registered as “Raninagar police station case no. 123/2016” under sections323 (hurt) / 341(wrongful restraint) / 326 (causing grievous hurt by dangerousweapons) / 506 (criminal intimidation) and 34 (common intention) of the Indian Penal Code,

[3] The case is registered as “Raninagar police station case no.125/2016” under sections 448 (criminal trespass) / 323 (hurt) / 325 (causinghurt by dangerous weapons) / 427 (causing mischief) / 34 (common intention) ofthe Indian Penal Code.

[4] See Observatory Urgent Appeal ​IND 001 / 0514 / OBS 041, issued on May 15,2014.

[5] This Court is a designated SpecialCourt for the Narcotic Drugs and Psychotropic Substances Act (NDPSAct) and the Protection of Children from Sexual Offences Act (POCSO Act).

[6] For more information on the cases,see Observatory Urgent Appeal IND 004 /1114 / OBS 091.3, issued on January 8, 2016.

[7] No charge sheet was filed againsthim in relation to that case.