Death threats against Mr. Gopen Chandra Sharma

August 26, 2009

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), expresses its deepest concern regarding the following situation in India.

Description of the situation:

The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM) and People’s Watch about death threats against Mr. Gopen Chandra Sharma, MASUM District Human Rights Monitor in Murshidabad district, West Bengal.

According to the information received, on August 22, 2009, at 7.04 a.m., Mr. Gopen Chandra Sharma received death threats on his mobile phone. The caller also addressed him as a “son of a prostitute” and a “son of a swine”. During the call, the caller also referred to an incident that took place in 1995, where a bride named Manoara Bibi, D/o. Mokhtar Mondal was killed at Paraspur village in Jalangi Police Station and after exhumation, post mortem examination was redone on the request of the deceased’s father with a judicial order. The person made objectionable remarks about the court and procedural order and blamed Mr. Gopen Chandra Sharma for his involvement in that case.

At 7.18 a.m. on the same day, the same person again called and asked Mr. Chandra Sharma about his whereabouts. The latter gave the caller his residential address, but when he asked him about where he was at that particular time, to evade the caller, Mr. Chandra Sharma told him that he was at Baharampur. The caller responded in a furious tone: “You are sitting on a red chair in the courtyard of your uncle’s residence at the Kantabari village and writing something”. When Mr. Chandra Sharma asked him his name, he said his name was Milan and he was from Raipara - Ghoshpara, within Jalangi police station limit.

At 6.00 p.m., Mr. Chandra Sharma received a third phone call from the same number. The caller again threatened him, saying “This time you have been able to escape but nobody can save you”. During the conversation he hurled several verbal abuses with sexual connotations.

On the same night, at about, 7.00 p.m., Mr. Gopen Chandra Sharma received an obscene MMS (photo message) with remarks written about his minor daughter as well as his wife. The sending of these messages continued till night.

On August 23, 2009, Mr. Chandra Sharma received again threatening calls from that number at 2.31 pm, 2.44 pm, 5.14 pm and 5.15 pm.

On August 24, 2009, Mr. Chandra Sharma lodged a written complaint to the Officer-in-Charge of Jalangi police station. The Superintendent of police of Murshidabad, Mr. Bharat Lal Mina, Assistant Sub Inspector of Jalangi police station, the Sub Divisional Police Officer Domkal, Mr. Amit Javalgi, and other senior officers were also informed about those phone calls. However, the police did not start a case and only received the complaint as “information”.

The Observatory strongly denounces those death threats against Mr. Gopen Chandra Sharma, which seem to be directly linked to his human rights activities, and urges the Indian authorities to order an immediate, thorough, effective and impartial investigation, the result of which must be made public, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law.

In addition, the Observatory recalls that Mr. Gopen Chandra Sharma has already been subjected to judicial harassment and received threatening calls in the past because of his human rights activities[1]. In particular, Mr. Chandra Sharma regularly denounces abuses committed by the Border Security Forces (BSF), including extra-judicial killings, smuggling and trafficking.

Actions requested:

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

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Gopen Chandra Sharma;
2. Order an immediate, thorough, effective and impartial investigation into the above-mentioned facts, the result of which must be made public, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
3. Put an end to all acts of harassment against all human rights defenders in India so that they are able to carry out their work without unjustified hindrances;
4. 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”);
5. 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
• Mr. 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
• Justice K. G. Balakrishnan, Chief Justice of India, Supreme Court, 1 Tilak Marg, New Delhi, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in
• Justice N. C. Sil, Chairperson, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27, India. Phone +91-33-24797727, 24791629, Fax: +91-33 24799633, Email: wbhrc@cal3.vsnl.net.in
• Chairperson, 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: chairnhrc@nic.in
• 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 26, 2009

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] See Observatory Annual Report 2007.