Harassment and intimidation by the police against Mr. Kirity Roy and other members of MASUM

URGENT APPEAL - THE OBSERVATORY

IND 004 / 0816 / OBS 073

Harassment
India
August11, 2016

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

Descriptionof the Situation:

The Observatory has been informed by reliable sources of acts of harassment andintimidation by the police against Mr. KirityRoy, human rights defender and founder and Secretary of the human rightsorganisation Benglar Manabadhikar SurakkshaMancha (MASUM)[1], and against Mrs. TilakBarman and Messrs. Ajijul Haq, Bisweswar Barman and Ajimuddin Sarkar[2],also members of the organisation.

According to the information received, on August5, 2016, police officials from Mekhligunj Police station in Cooch Behardistrict of West Bengal attempted tointimidate Mr. Kirity Roy while he was visitingenclave dwellers of Mekhligunj rehabilitation and settlement Camps, along with hisother colleagues of MASUM.

While they were talking to some of the campdwellers, the Assistant Sub Inspector fromMekhligunj Police Station, Mr. Subrata, approached the members MASUM and inquired inan intimidating way about the purpose of their presence and meetings. Minutesafter, the members of MASUM left the camp and drove towards the town ofSiliguri. On their way, they noticed that a police vehicle with flashing lightswas following them. The members of MASUM then contacted the residents of thecamp they had just left, who informed them that police officers were present atthe camp, asking about Mr. Kirity Roy, his movements and next destination, andthat they were planning to arrest him on his way to Siliguri.

Theseevents occurred in a context of attempts to criminalize and intimidate rightsdefenders working on the issue of enclave dwellers. On July 27, 2016, Mr. Kachua Barman[3], leader of an enclavedwellers community that collaborates closely with MASUM, received a summons toappear before the Sub Divisional Executive Magistrate-Dinahata’s Court onAugust 8, 2016 to face charges under Section 107 of the Criminal Procedure Codefor committing “breach of peace”[4].

The Observatory stronglycondemns the harassment and threats against Mr. Roy and would like to underlinethat this is not an isolated incident sinceseveral members of MASUM have already faced reprisals[5]in the past for documenting and denouncing grave human rights violationsallegedly involving members of the police forces and the Border Security Forces(BSF), and that Mr. Roy has suffered judicial harassment since 2008 (seebackground information).

The Observatory expresses its deepconcern about the ongoing harassment against Mr. Roy and the recurring attacksperpetrated by the police against MASUM staff members, including judicialharassment, arbitrary detention, ill-treatment and threats. The Observatorymore generally calls upon the Indian authorities to put an end to all attemptsto intimidate and criminalize members of MASUM and to guarantee the security,physical and psychological integrity of Mr. Kirity Roy and MASUM staff, as wellas that of all human rights defenders in India.

Background information:

On April 7, 2010, theAnti-Terrorist Cell of Kolkata arrested Mr. Kirity Roy under sections 120B(“punishment of criminal conspiracy”), 170 (“impersonating a public servant”)and 229 (“impersonation of a juror or assessor”) of the Indian Penal Code[6].Those charges were initiated following a People’s Tribunal on Torture (PPT), apublic hearing that was conducted by MASUM in Moulali, Kolkata, and duringwhich 1,200 victims of torture and their families were present and 82 victimsprovided testimonies. This case against Mr.Roy is still pending in the Supreme Court of India.

In 2014, the policeissued a warrant of arrest against Mr. Kirity Roy as co-accused in relation toa criminal case filed against Mr. Ajimuddin Sarkar[7].

Actions requested:

Please write to the authorities of India askingthem to:

i. Guarantee in all circumstances the physical and psychologicalintegrity of Mr. Kirity Roy and all the members of MASUM, as well as of allhuman rights defenders in India;

ii. Put an end to all actsof harassment - including at the judicial level - against Mr. Kirity Roy and allthe members of MASUM, as well as against allhuman rights defenders in India so that they are able to carry out their workwithout hindrances;

iii. Conform in any circumstances with the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, especially its Article 1 and 12.2;

iv. More generally, ensure in all circumstances the respect for humanrights and fundamental freedoms in accordance with the Universal Declaration ofHuman Rights and with international and regional human rights instrumentsratified by India.

Addresses:

· Mr.Shri 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 of Home Affairs, Fax:+91 11 2309 2979. Email: dirfcra-mha@gov.in

· Mr. Justice T.S. Thakur, Chief Justice of India, Fax: +91 11 233 83792, Email: supremecourt@nic.in

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

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

· Mr. Keshari NathTripathi, Governor of West Bengal, Kolkata, Fax +91 33 2200 2444. Email : secy-gov-wb@nic.in; governor-wb@nic.in

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

· Embassyof India in Brussels, Fax: +32 2 6489638 / +32 2 6451869

Please also write to the diplomatic mission or embassyof India in your respective country.

***

Geneva-Paris, August 11, 2016

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

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to prevent or remedy situations of repressionagainst human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergencyline:

· E-mail:Appeals[at]fidh-omct.org

· Teland fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

· Teland fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

[1] MASUM is working for the protection of human rights in the eastern Indianstate of West Bengal and is especially engaged documenting cases of torture,enforced disappearances and extra-judicial killings. MASUM is member of OMCTSOS-Torture Network.

[2] Mr. Ajimuddin Sakar is a human rights defender and District Human RightsMonitor (DHRM) for MASUM in Murshidabad district. In September 2015 he wasabducted, arbitrary detained, and ill-treated. He was then released on bail andhas been suffering judicial harassment and threats ever since. Additionally,several attacks against his relatives have been perpetrated over the lastmonths. For more information, see Observatory Urgent Appeal IND 004 / 114 / OBS091.5 issued on April 27, 2016.

[3] Mr. Kachua Barman resided in the Dinhata Krishna Farm TemporarySettlement Camp.

[4] For allegedly having put posters to protest against theconditions of enclave dwellers in the camp he resides.

[5] SeeObservatory Urgent Appeals, IND 002 / 0815 / OBS 066, issued on August 14,2015; IND 002 / 0714 /OBS 067, issued on July 30, 2014; IND 004 / 1114 / OBS 091.1, issued onDecember 24, 2014; IND 004 / 1114 / OBS 091.3, issued on January 8, 2016.

[6] See Observatory UrgentAppeal IND 007 / 0608 / OBS 097.3, issued on April 7, 2010.

[7] See Observatory Urgent Appeal IND 004 / 1114 / OBS 091, issued on November 26,2014.